[117th Congress Public Law 58]
[From the U.S. Government Publishing Office]



[[Page 135 STAT. 429]]

Public Law 117-58
117th Congress

                                 An Act


 
 To authorize funds for Federal-aid highways, highway safety programs, 
     and transit programs, and for other purposes. <<NOTE: Nov. 15, 
                         2021 -  [H.R. 3684]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Infrastructure 
Investment and Jobs Act.>> 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) <<NOTE: 23 USC 101 note.>>  Short Title.--This Act may be cited 
as the ``Infrastructure Investment and Jobs Act''.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. References.

                   DIVISION A--SURFACE TRANSPORTATION

Sec. 10001. Short title.
Sec. 10002. Definitions.
Sec. 10003. Effective date.

                      TITLE I--FEDERAL-AID HIGHWAYS

                 Subtitle A--Authorizations and Programs

Sec. 11101. Authorization of appropriations.
Sec. 11102. Obligation ceiling.
Sec. 11103. Definitions.
Sec. 11104. Apportionment.
Sec. 11105. National highway performance program.
Sec. 11106. Emergency relief.
Sec. 11107. Federal share payable.
Sec. 11108. Railway-highway grade crossings.
Sec. 11109. Surface transportation block grant program.
Sec. 11110. Nationally significant freight and highway projects.
Sec. 11111. Highway safety improvement program.
Sec. 11112. Federal lands transportation program.
Sec. 11113. Federal lands access program.
Sec. 11114. National highway freight program.
Sec. 11115. Congestion mitigation and air quality improvement program.
Sec. 11116. Alaska Highway.
Sec. 11117. Toll roads, bridges, tunnels, and ferries.
Sec. 11118. Bridge investment program.
Sec. 11119. Safe routes to school.
Sec. 11120. Highway use tax evasion projects.
Sec. 11121. Construction of ferry boats and ferry terminal facilities.
Sec. 11122. Vulnerable road user research.
Sec. 11123. Wildlife crossing safety.
Sec. 11124. Consolidation of programs.
Sec. 11125. GAO report.
Sec. 11126. Territorial and Puerto Rico highway program.
Sec. 11127. Nationally significant Federal lands and Tribal projects 
           program.
Sec. 11128. Tribal high priority projects program.
Sec. 11129. Standards.
Sec. 11130. Public transportation.

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Sec. 11131. Reservation of certain funds.
Sec. 11132. Rural surface transportation grant program.
Sec. 11133. Bicycle transportation and pedestrian walkways.
Sec. 11134. Recreational trails program.
Sec. 11135. Updates to Manual on Uniform Traffic Control Devices.

             Subtitle B--Planning and Performance Management

Sec. 11201. Transportation planning.
Sec. 11202. Fiscal constraint on long-range transportation plans.
Sec. 11203. State human capital plans.
Sec. 11204. Prioritization process pilot program.
Sec. 11205. Travel demand data and modeling.
Sec. 11206. Increasing safe and accessible transportation options.

          Subtitle C--Project Delivery and Process Improvement

Sec. 11301. Codification of One Federal Decision.
Sec. 11302. Work zone process reviews.
Sec. 11303. Transportation management plans.
Sec. 11304. Intelligent transportation systems.
Sec. 11305. Alternative contracting methods.
Sec. 11306. Flexibility for projects.
Sec. 11307. Improved Federal-State stewardship and oversight agreements.
Sec. 11308. Geomatic data.
Sec. 11309. Evaluation of projects within an operational right-of-way.
Sec. 11310. Preliminary engineering.
Sec. 11311. Efficient implementation of NEPA for Federal land management 
           projects.
Sec. 11312. National Environmental Policy Act of 1969 reporting program.
Sec. 11313. Surface transportation project delivery program written 
           agreements.
Sec. 11314. State assumption of responsibility for categorical 
           exclusions.
Sec. 11315. Early utility relocation prior to transportation project 
           environmental review.
Sec. 11316. Streamlining of section 4(f) reviews.
Sec. 11317. Categorical exclusion for projects of limited Federal 
           assistance.
Sec. 11318. Certain gathering lines located on Federal land and Indian 
           land.
Sec. 11319. Annual report.

                       Subtitle D--Climate Change

Sec. 11401. Grants for charging and fueling infrastructure.
Sec. 11402. Reduction of truck emissions at port facilities.
Sec. 11403. Carbon reduction program.
Sec. 11404. Congestion relief program.
Sec. 11405. Promoting Resilient Operations for Transformative, 
           Efficient, and Cost-saving Transportation (PROTECT) program.
Sec. 11406. Healthy Streets program.

                        Subtitle E--Miscellaneous

Sec. 11501. Additional deposits into Highway Trust Fund.
Sec. 11502. Stopping threats on pedestrians.
Sec. 11503. Transfer and sale of toll credits.
Sec. 11504. Study of impacts on roads from self-driving vehicles.
Sec. 11505. Disaster relief mobilization study.
Sec. 11506. Appalachian Regional Commission.
Sec. 11507. Denali Commission.
Sec. 11508. Requirements for transportation projects carried out through 
           public-private partnerships.
Sec. 11509. Reconnecting communities pilot program.
Sec. 11510. Cybersecurity tool; cyber coordinator.
Sec. 11511. Report on emerging alternative fuel vehicles and 
           infrastructure.
Sec. 11512. Nonhighway recreational fuel study.
Sec. 11513. Buy America.
Sec. 11514. High priority corridors on the National Highway System.
Sec. 11515. Interstate weight limits.
Sec. 11516. Report on air quality improvements.
Sec. 11517. Roadside highway safety hardware.
Sec. 11518. Permeable pavements study.
Sec. 11519. Emergency relief projects.
Sec. 11520. Study on stormwater best management practices.
Sec. 11521. Stormwater best management practices reports.
Sec. 11522. Invasive plant elimination program.
Sec. 11523. Over-the-road bus tolling equity.

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Sec. 11524. Bridge terminology.
Sec. 11525. Technical corrections.
Sec. 11526. Working group on covered resources.
Sec. 11527. Blood transport vehicles.
Sec. 11528. Pollinator-friendly practices on roadsides and highway 
           rights-of-way.
Sec. 11529. Active transportation infrastructure investment program.
Sec. 11530. Highway cost allocation study.

     TITLE II--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION

Sec. 12001. Transportation Infrastructure Finance and Innovation Act of 
           1998 amendments.
Sec. 12002. Federal requirements for TIFIA eligibility and project 
           selection.

             TITLE III--RESEARCH, TECHNOLOGY, AND EDUCATION

Sec. 13001. Strategic innovation for revenue collection.
Sec. 13002. National motor vehicle per-mile user fee pilot.
Sec. 13003. Performance management data support program.
Sec. 13004. Data integration pilot program.
Sec. 13005. Emerging technology research pilot program.
Sec. 13006. Research and technology development and deployment.
Sec. 13007. Workforce development, training, and education.
Sec. 13008. Wildlife-vehicle collision research.
Sec. 13009. Transportation Resilience and Adaptation Centers of 
           Excellence.
Sec. 13010. Transportation access pilot program.

                        TITLE IV--INDIAN AFFAIRS

Sec. 14001. Definition of Secretary.
Sec. 14002. Environmental reviews for certain tribal transportation 
           facilities.
Sec. 14003. Programmatic agreements for tribal categorical exclusions.
Sec. 14004. Use of certain tribal transportation funds.
Sec. 14005. Bureau of Indian Affairs road maintenance program.
Sec. 14006. Study of road maintenance on Indian land.
Sec. 14007. Maintenance of certain Indian reservation roads.
Sec. 14008. Tribal transportation safety needs.
Sec. 14009. Office of Tribal Government Affairs.

        DIVISION B--SURFACE TRANSPORTATION INVESTMENT ACT OF 2021

Sec. 20001. Short title.
Sec. 20002. Definitions.

             TITLE I--MULTIMODAL AND FREIGHT TRANSPORTATION

                  Subtitle A--Multimodal Freight Policy

Sec. 21101. Office of Multimodal Freight Infrastructure and Policy.
Sec. 21102. Updates to National Freight Plan.
Sec. 21103. State collaboration with National Multimodal Freight 
           Network.
Sec. 21104. Improving State freight plans.
Sec. 21105. Implementation of National Multimodal Freight Network.
Sec. 21106. Multi-State freight corridor planning.
Sec. 21107. State freight advisory committees.

                    Subtitle B--Multimodal Investment

Sec. 21201. National infrastructure project assistance.
Sec. 21202. Local and regional project assistance.
Sec. 21203. National culvert removal, replacement, and restoration grant 
           program.
Sec. 21204. National multimodal cooperative freight research program.
Sec. 21205. Rural and Tribal infrastructure advancement.

  Subtitle C--Railroad Rehabilitation and Improvement Financing Reforms

Sec. 21301. RRIF codification and reforms.
Sec. 21302. Substantive criteria and standards.
Sec. 21303. Semiannual report on transit-oriented development 
           eligibility.

                             TITLE II--RAIL

Sec. 22001. Short title.

               Subtitle A--Authorization of Appropriations

Sec. 22101. Grants to Amtrak.

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Sec. 22102. Federal Railroad Administration.
Sec. 22103. Consolidated rail infrastructure and safety improvements 
           grants.
Sec. 22104. Railroad crossing elimination program.
Sec. 22105. Restoration and enhancement grants.
Sec. 22106. Federal-State partnership for intercity passenger rail 
           grants.
Sec. 22107. Amtrak Office of Inspector General.

                       Subtitle B--Amtrak Reforms

Sec. 22201. Amtrak findings, mission, and goals.
Sec. 22202. Composition of Amtrak's Board of Directors.
Sec. 22203. Station agents.
Sec. 22204. Increasing oversight of changes to Amtrak long-distance 
           routes and other intercity services.
Sec. 22205. Improved oversight of Amtrak accounting.
Sec. 22206. Improved oversight of Amtrak spending.
Sec. 22207. Increasing service line and asset line plan transparency.
Sec. 22208. Passenger experience enhancement.
Sec. 22209. Amtrak smoking policy.
Sec. 22210. Protecting Amtrak routes through rural communities.
Sec. 22211. State-Supported Route Committee.
Sec. 22212. Enhancing cross border service.
Sec. 22213. Creating quality jobs.
Sec. 22214. Amtrak daily long-distance service study.

               Subtitle C--Intercity Passenger Rail Policy

Sec. 22301. Northeast Corridor planning.
Sec. 22302. Northeast Corridor Commission.
Sec. 22303. Consolidated rail infrastructure and safety improvements.
Sec. 22304. Restoration and enhancement grants.
Sec. 22305. Railroad crossing elimination program.
Sec. 22306. Interstate rail compacts.
Sec. 22307. Federal-State partnership for intercity passenger rail 
           grants.
Sec. 22308. Corridor identification and development program.
Sec. 22309. Surface Transportation Board passenger rail program.

                         Subtitle D--Rail Safety

Sec. 22401. Railway-highway crossings program evaluation.
Sec. 22402. Grade crossing accident prediction model.
Sec. 22403. Periodic updates to highway-rail crossing reports and plans.
Sec. 22404. Blocked crossing portal.
Sec. 22405. Data accessibility.
Sec. 22406. Emergency lighting.
Sec. 22407. Comprehensive rail safety review of Amtrak.
Sec. 22408. Completion of hours of service and fatigue studies.
Sec. 22409. Positive train control study.
Sec. 22410. Operating crew member training, qualification, and 
           certification.
Sec. 22411. Transparency and safety.
Sec. 22412. Research and development.
Sec. 22413. Rail research and development center of excellence.
Sec. 22414. Quarterly report on positive train control system 
           performance.
Sec. 22415. Speed limit action plans.
Sec. 22416. New passenger service pre-revenue safety validation plan.
Sec. 22417. Federal Railroad Administration accident and incident 
           investigations.
Sec. 22418. Civil penalty enforcement authority.
Sec. 22419. Advancing safety and innovative technology.
Sec. 22420. Passenger rail vehicle occupant protection systems.
Sec. 22421. Federal Railroad Administration reporting requirements.
Sec. 22422. National Academies study on trains longer than 7,500 feet.
Sec. 22423. High-speed train noise emissions.
Sec. 22424. Critical incident stress plans.
Sec. 22425. Requirements for railroad freight cars placed into service 
           in the United States.
Sec. 22426. Railroad point of contact for public safety issues.
Sec. 22427. Controlled substances testing for mechanical employees.

                     TITLE III--MOTOR CARRIER SAFETY

Sec. 23001. Authorization of appropriations.
Sec. 23002. Motor carrier safety advisory committee.
Sec. 23003. Combating human trafficking.
Sec. 23004. Immobilization grant program.
Sec. 23005. Commercial motor vehicle enforcement training and support.

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Sec. 23006. Study of commercial motor vehicle crash causation.
Sec. 23007. Promoting women in the trucking workforce.
Sec. 23008. State inspection of passenger-carrying commercial motor 
           vehicles.
Sec. 23009. Truck Leasing Task Force.
Sec. 23010. Automatic emergency braking.
Sec. 23011. Underride protection.
Sec. 23012. Providers of recreational activities.
Sec. 23013. Amendments to regulations relating to transportation of 
           household goods in interstate commerce.
Sec. 23014. Improving Federal-State motor carrier safety enforcement 
           coordination.
Sec. 23015. Limousine research.
Sec. 23016. National Consumer Complaint Database.
Sec. 23017. Electronic logging device oversight.
Sec. 23018. Transportation of agricultural commodities and farm 
           supplies.
Sec. 23019. Modification of restrictions on certain commercial driver's 
           licenses.
Sec. 23020. Report on human trafficking violations involving commercial 
           motor vehicles.
Sec. 23021. Broker guidance relating to Federal motor carrier safety 
           regulations.
Sec. 23022. Apprenticeship pilot program.
Sec. 23023. Limousine compliance with Federal safety standards.

               TITLE IV--HIGHWAY AND MOTOR VEHICLE SAFETY

                   Subtitle A--Highway Traffic Safety

Sec. 24101. Authorization of appropriations.
Sec. 24102. Highway safety programs.
Sec. 24103. Highway safety research and development.
Sec. 24104. High-visibility enforcement programs.
Sec. 24105. National priority safety programs.
Sec. 24106. Multiple substance-impaired driving prevention.
Sec. 24107. Minimum penalties for repeat offenders for driving while 
           intoxicated or driving under the influence.
Sec. 24108. Crash data.
Sec. 24109. Review of Move Over or Slow Down Law public awareness.
Sec. 24110. Review of laws, safety measures, and technologies relating 
           to school buses.
Sec. 24111. Motorcyclist Advisory Council.
Sec. 24112. Safe Streets and Roads for All grant program.
Sec. 24113. Implementation of GAO recommendations.

                       Subtitle B--Vehicle Safety

Sec. 24201. Authorization of appropriations.
Sec. 24202. Recall completion.
Sec. 24203. Recall engagement.
Sec. 24204. Motor vehicle seat back safety standards.
Sec. 24205. Automatic shutoff.
Sec. 24206. Petitions by interested persons for standards and 
           enforcement.
Sec. 24207. Child safety seat accessibility study.
Sec. 24208. Crash avoidance technology.
Sec. 24209. Reduction of driver distraction.
Sec. 24210. Rulemaking report.
Sec. 24211. Global harmonization.
Sec. 24212. Headlamps.
Sec. 24213. New Car Assessment Program.
Sec. 24214. Hood and bumper standards.
Sec. 24215. Emergency medical services and 9-1-1.
Sec. 24216. Early warning reporting.
Sec. 24217. Improved vehicle safety databases.
Sec. 24218. National Driver Register Advisory Committee repeal.
Sec. 24219. Research on connected vehicle technology.
Sec. 24220. Advanced impaired driving technology.
Sec. 24221. GAO report on crash dummies.
Sec. 24222. Child safety.

                    TITLE V--RESEARCH AND INNOVATION

Sec. 25001. Intelligent Transportation Systems Program Advisory 
           Committee.
Sec. 25002. Smart Community Resource Center.
Sec. 25003. Federal support for local decisionmaking.
Sec. 25004. Bureau of Transportation Statistics.
Sec. 25005. Strengthening mobility and revolutionizing transportation 
           grant program.

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Sec. 25006. Electric vehicle working group.
Sec. 25007. Risk and system resilience.
Sec. 25008. Coordination on emerging transportation technology.
Sec. 25009. Interagency Infrastructure Permitting Improvement Center.
Sec. 25010. Rural opportunities to use transportation for economic 
           success initiative.
Sec. 25011. Safety data initiative.
Sec. 25012. Advanced transportation research.
Sec. 25013. Open research initiative.
Sec. 25014. Transportation research and development 5-year strategic 
           plan.
Sec. 25015. Research planning modifications.
Sec. 25016. Incorporation of Department of Transportation research.
Sec. 25017. University transportation centers program.
Sec. 25018. National travel and tourism infrastructure strategic plan.
Sec. 25019. Local hiring preference for construction jobs.
Sec. 25020. Transportation workforce development.
Sec. 25021. Intermodal Transportation Advisory Board repeal.
Sec. 25022. GAO cybersecurity recommendations.
Sec. 25023. Volpe oversight.
Sec. 25024. Modifications to grant program.
Sec. 25025. Drug-impaired driving data collection.
Sec. 25026. Report on marijuana research.
Sec. 25027. GAO study on improving the efficiency of traffic systems.

                      TITLE VI--HAZARDOUS MATERIALS

Sec. 26001. Authorization of appropriations.
Sec. 26002. Assistance for local emergency response training grant 
           program.
Sec. 26003. Real-time emergency response information.

                      TITLE VII--GENERAL PROVISIONS

Sec. 27001. Performance measurement, transparency, and accountability.
Sec. 27002. Coordination regarding forced labor.
Sec. 27003. Department of Transportation spectrum audit.
Sec. 27004. Study and reports on the travel and tourism activities of 
           the Department.

   TITLE VIII--SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY

Sec. 28001. Sport fish restoration and recreational boating safety.

                           DIVISION C--TRANSIT

Sec. 30001. Definitions.
Sec. 30002. Metropolitan transportation planning.
Sec. 30003. Statewide and nonmetropolitan transportation planning.
Sec. 30004. Planning programs.
Sec. 30005. Fixed guideway capital investment grants.
Sec. 30006. Formula grants for rural areas.
Sec. 30007. Public transportation innovation.
Sec. 30008. Bus testing facilities.
Sec. 30009. Transit-oriented development.
Sec. 30010. General provisions.
Sec. 30011. Public transportation emergency relief program.
Sec. 30012. Public transportation safety program.
Sec. 30013. Administrative provisions.
Sec. 30014. National transit database.
Sec. 30015. Apportionment of appropriations for formula grants.
Sec. 30016. State of good repair grants.
Sec. 30017. Authorizations.
Sec. 30018. Grants for buses and bus facilities.
Sec. 30019. Washington Metropolitan Area Transit Authority safety, 
           accountability, and investment.

                           DIVISION D--ENERGY

Sec. 40001. Definitions.

               TITLE I--GRID INFRASTRUCTURE AND RESILIENCY

       Subtitle A--Grid Infrastructure Resilience and Reliability

Sec. 40101. Preventing outages and enhancing the resilience of the 
           electric grid.
Sec. 40102. Hazard mitigation using disaster assistance.

[[Page 135 STAT. 435]]

Sec. 40103. Electric grid reliability and resilience research, 
           development, and demonstration.
Sec. 40104. Utility demand response.
Sec. 40105. Siting of interstate electric transmission facilities.
Sec. 40106. Transmission facilitation program.
Sec. 40107. Deployment of technologies to enhance grid flexibility.
Sec. 40108. State energy security plans.
Sec. 40109. State energy program.
Sec. 40110. Power marketing administration transmission borrowing 
           authority.
Sec. 40111. Study of codes and standards for use of energy storage 
           systems across sectors.
Sec. 40112. Demonstration of electric vehicle battery second-life 
           applications for grid services.
Sec. 40113. Columbia Basin power management.

                        Subtitle B--Cybersecurity

Sec. 40121. Enhancing grid security through public-private partnerships.
Sec. 40122. Energy Cyber Sense program.
Sec. 40123. Incentives for advanced cybersecurity technology investment.
Sec. 40124. Rural and municipal utility advanced cybersecurity grant and 
           technical assistance program.
Sec. 40125. Enhanced grid security.
Sec. 40126. Cybersecurity plan.
Sec. 40127. Savings provision.

          TITLE II--SUPPLY CHAINS FOR CLEAN ENERGY TECHNOLOGIES

Sec. 40201. Earth Mapping Resources Initiative.
Sec. 40202. National Cooperative Geologic Mapping Program.
Sec. 40203. National Geological and Geophysical Data Preservation 
           Program.
Sec. 40204. USGS energy and minerals research facility.
Sec. 40205. Rare earth elements demonstration facility.
Sec. 40206. Critical minerals supply chains and reliability.
Sec. 40207. Battery processing and manufacturing.
Sec. 40208. Electric drive vehicle battery recycling and second-life 
           applications program.
Sec. 40209. Advanced energy manufacturing and recycling grant program.
Sec. 40210. Critical minerals mining and recycling research.
Sec. 40211. 21st Century Energy Workforce Advisory Board.

       TITLE III--FUELS AND TECHNOLOGY INFRASTRUCTURE INVESTMENTS

  Subtitle A--Carbon Capture, Utilization, Storage, and Transportation 
                             Infrastructure

Sec. 40301. Findings.
Sec. 40302. Carbon utilization program.
Sec. 40303. Carbon capture technology program.
Sec. 40304. Carbon dioxide transportation infrastructure finance and 
           innovation.
Sec. 40305. Carbon storage validation and testing.
Sec. 40306. Secure geologic storage permitting.
Sec. 40307. Geologic carbon sequestration on the outer Continental 
           Shelf.
Sec. 40308. Carbon removal.

              Subtitle B--Hydrogen Research and Development

Sec. 40311. Findings; purpose.
Sec. 40312. Definitions.
Sec. 40313. Clean hydrogen research and development program.
Sec. 40314. Additional clean hydrogen programs.
Sec. 40315. Clean hydrogen production qualifications.

                Subtitle C--Nuclear Energy Infrastructure

Sec. 40321. Infrastructure planning for micro and small modular nuclear 
           reactors.
Sec. 40322. Property interests relating to certain projects and 
           protection of information relating to certain agreements.
Sec. 40323. Civil nuclear credit program.

                         Subtitle D--Hydropower

Sec. 40331. Hydroelectric production incentives.
Sec. 40332. Hydroelectric efficiency improvement incentives.
Sec. 40333. Maintaining and enhancing hydroelectricity incentives.
Sec. 40334. Pumped storage hydropower wind and solar integration and 
           system reliability initiative.

[[Page 135 STAT. 436]]

Sec. 40335. Authority for pumped storage hydropower development using 
           multiple Bureau of Reclamation reservoirs.
Sec. 40336. Limitations on issuance of certain leases of power 
           privilege.

                        Subtitle E--Miscellaneous

Sec. 40341. Solar energy technologies on current and former mine land.
Sec. 40342. Clean energy demonstration program on current and former 
           mine land.
Sec. 40343. Leases, easements, and rights-of-way for energy and related 
           purposes on the outer Continental Shelf.

 TITLE IV--ENABLING ENERGY INFRASTRUCTURE INVESTMENT AND DATA COLLECTION

              Subtitle A--Department of Energy Loan Program

Sec. 40401. Department of Energy loan programs.

              Subtitle B--Energy Information Administration

Sec. 40411. Definitions.
Sec. 40412. Data collection in the electricity sector.
Sec. 40413. Expansion of energy consumption surveys.
Sec. 40414. Data collection on electric vehicle integration with the 
           electricity grids.
Sec. 40415. Plan for the modeling and forecasting of demand for minerals 
           used in the energy sector.
Sec. 40416. Expansion of international energy data.
Sec. 40417. Plan for the National Energy Modeling System.
Sec. 40418. Report on costs of carbon abatement in the electricity 
           sector.
Sec. 40419. Harmonization of efforts and data.

                        Subtitle C--Miscellaneous

Sec. 40431. Consideration of measures to promote greater electrification 
           of the transportation sector.
Sec. 40432. Office of public participation.
Sec. 40433. Digital climate solutions report.
Sec. 40434. Study and report by the Secretary of Energy on job loss and 
           impacts on consumer energy costs due to the revocation of the 
           permit for the Keystone XL pipeline.
Sec. 40435. Study on impact of electric vehicles.
Sec. 40436. Study on impact of forced labor in China on the electric 
           vehicle supply chain.

         TITLE V--ENERGY EFFICIENCY AND BUILDING INFRASTRUCTURE

        Subtitle A--Residential and Commercial Energy Efficiency

Sec. 40501. Definitions.
Sec. 40502. Energy efficiency revolving loan fund capitalization grant 
           program.
Sec. 40503. Energy auditor training grant program.

                          Subtitle B--Buildings

Sec. 40511. Cost-effective codes implementation for efficiency and 
           resilience.
Sec. 40512. Building, training, and assessment centers.
Sec. 40513. Career skills training.
Sec. 40514. Commercial building energy consumption information sharing.

                Subtitle C--Industrial Energy Efficiency

                            PART I--Industry

Sec. 40521. Future of industry program and industrial research and 
           assessment centers.
Sec. 40522. Sustainable manufacturing initiative.

                      PART II--Smart Manufacturing

Sec. 40531. Definitions.
Sec. 40532. Leveraging existing agency programs to assist small and 
           medium manufacturers.
Sec. 40533. Leveraging smart manufacturing infrastructure at National 
           Laboratories.
Sec. 40534. State manufacturing leadership.
Sec. 40535. Report.

                   Subtitle D--Schools and Nonprofits

Sec. 40541. Grants for energy efficiency improvements and renewable 
           energy improvements at public school facilities.

[[Page 135 STAT. 437]]

Sec. 40542. Energy efficiency materials pilot program.

                        Subtitle E--Miscellaneous

Sec. 40551. Weatherization assistance program.
Sec. 40552. Energy Efficiency and Conservation Block Grant Program.
Sec. 40553. Survey, analysis, and report on employment and demographics 
           in the energy, energy efficiency, and motor vehicle sectors 
           of the United States.
Sec. 40554. Assisting Federal Facilities with Energy Conservation 
           Technologies grant program.
Sec. 40555. Rebates.
Sec. 40556. Model guidance for combined heat and power systems and waste 
           heat to power systems.

               TITLE VI--METHANE REDUCTION INFRASTRUCTURE

Sec. 40601. Orphaned well site plugging, remediation, and restoration.

               TITLE VII--ABANDONED MINE LAND RECLAMATION

Sec. 40701. Abandoned Mine Reclamation Fund authorization of 
           appropriations.
Sec. 40702. Abandoned mine reclamation fee.
Sec. 40703. Amounts distributed from Abandoned Mine Reclamation Fund.
Sec. 40704. Abandoned hardrock mine reclamation.

     TITLE VIII--NATURAL RESOURCES-RELATED INFRASTRUCTURE, WILDFIRE 
                  MANAGEMENT, AND ECOSYSTEM RESTORATION

Sec. 40801. Forest Service Legacy Road and Trail Remediation Program.
Sec. 40802. Study and report on feasibility of revegetating reclaimed 
           mine sites.
Sec. 40803. Wildfire risk reduction.
Sec. 40804. Ecosystem restoration.
Sec. 40805. GAO study.
Sec. 40806. Establishment of fuel breaks in forests and other wildland 
           vegetation.
Sec. 40807. Emergency actions.
Sec. 40808. Joint Chiefs Landscape Restoration Partnership program.

                 TITLE IX--WESTERN WATER INFRASTRUCTURE

Sec. 40901. Authorizations of appropriations.
Sec. 40902. Water storage, groundwater storage, and conveyance projects.
Sec. 40903. Small water storage and groundwater storage projects.
Sec. 40904. Critical maintenance and repair.
Sec. 40905. Competitive grant program for large-scale water recycling 
           and reuse program.
Sec. 40906. Drought contingency plan funding requirements.
Sec. 40907. Multi-benefit projects to improve watershed health.
Sec. 40908. Eligible desalination projects.
Sec. 40909. Clarification of authority to use coronavirus fiscal 
           recovery funds to meet a non-Federal matching requirement for 
           authorized Bureau of Reclamation water projects.
Sec. 40910. Federal assistance for groundwater recharge, aquifer 
           storage, and water source substitution projects.

     TITLE X--AUTHORIZATION OF APPROPRIATIONS FOR ENERGY ACT OF 2020

Sec. 41001. Energy storage demonstration projects.
Sec. 41002. Advanced reactor demonstration program.
Sec. 41003. Mineral security projects.
Sec. 41004. Carbon capture demonstration and pilot programs.
Sec. 41005. Direct air capture technologies prize competitions.
Sec. 41006. Water power projects.
Sec. 41007. Renewable energy projects.
Sec. 41008. Industrial emissions demonstration projects.

                    TITLE XI--WAGE RATE REQUIREMENTS

Sec. 41101. Wage rate requirements.

                        TITLE XII--MISCELLANEOUS

Sec. 41201. Office of Clean Energy Demonstrations.
Sec. 41202. Extension of Secure Rural Schools and Community Self-
           Determination Act of 2000.

        DIVISION E--DRINKING WATER AND WASTEWATER INFRASTRUCTURE

Sec. 50001. Short title.

[[Page 135 STAT. 438]]

Sec. 50002. Definition of Administrator.

                         TITLE I--DRINKING WATER

Sec. 50101. Technical assistance and grants for emergencies affecting 
           public water systems.
Sec. 50102. Drinking water State revolving loan funds.
Sec. 50103. Source water petition program.
Sec. 50104. Assistance for small and disadvantaged communities.
Sec. 50105. Reducing lead in drinking water.
Sec. 50106. Operational sustainability of small public water systems.
Sec. 50107. Midsize and large drinking water system infrastructure 
           resilience and sustainability program.
Sec. 50108. Needs assessment for nationwide rural and urban low-income 
           community water assistance.
Sec. 50109. Rural and low-income water assistance pilot program.
Sec. 50110. Lead contamination in school drinking water.
Sec. 50111. Indian reservation drinking water program.
Sec. 50112. Advanced drinking water technologies.
Sec. 50113. Cybersecurity support for public water systems.
Sec. 50114. State response to contaminants.
Sec. 50115. Annual study on boil water advisories.

                          TITLE II--CLEAN WATER

Sec. 50201. Research, investigations, training, and information.
Sec. 50202. Wastewater efficiency grant pilot program.
Sec. 50203. Pilot program for alternative water source projects.
Sec. 50204. Sewer overflow and stormwater reuse municipal grants.
Sec. 50205. Clean water infrastructure resiliency and sustainability 
           program.
Sec. 50206. Small and medium publicly owned treatment works circuit 
           rider program.
Sec. 50207. Small publicly owned treatment works efficiency grant 
           program.
Sec. 50208. Grants for construction and refurbishing of individual 
           household decentralized wastewater systems for individuals 
           with low or moderate income.
Sec. 50209. Connection to publicly owned treatment works.
Sec. 50210. Clean water State revolving funds.
Sec. 50211. Water infrastructure and workforce investment.
Sec. 50212. Grants to Alaska to improve sanitation in rural and Native 
           villages.
Sec. 50213. Water data sharing pilot program.
Sec. 50214. Final rating opinion letters.
Sec. 50215. Water infrastructure financing reauthorization.
Sec. 50216. Small and disadvantaged community analysis.
Sec. 50217. Stormwater infrastructure technology.
Sec. 50218. Water Reuse Interagency Working Group.
Sec. 50219. Advanced clean water technologies study.
Sec. 50220. Clean watersheds needs survey.
Sec. 50221. Water Resources Research Act amendments.
Sec. 50222. Enhanced aquifer use and recharge.

                          DIVISION F--BROADBAND

TITLE I--BROADBAND GRANTS FOR STATES, DISTRICT OF COLUMBIA, PUERTO RICO, 
                             AND TERRITORIES

Sec. 60101. Findings.
Sec. 60102. Grants for broadband deployment.
Sec. 60103. Broadband DATA maps.
Sec. 60104. Report on future of Universal Service Fund.
Sec. 60105. Broadband deployment locations map.

           TITLE II--TRIBAL CONNECTIVITY TECHNICAL AMENDMENTS.

Sec. 60201. Tribal connectivity technical amendments.

                  TITLE III--DIGITAL EQUITY ACT OF 2021

Sec. 60301. Short title.
Sec. 60302. Definitions.
Sec. 60303. Sense of Congress.
Sec. 60304. State Digital Equity Capacity Grant Program.
Sec. 60305. Digital Equity Competitive Grant Program.
Sec. 60306. Policy research, data collection, analysis and modeling, 
           evaluation, and dissemination.

[[Page 135 STAT. 439]]

Sec. 60307. General provisions.

         TITLE IV--ENABLING MIDDLE MILE BROADBAND INFRASTRUCTURE

Sec. 60401. Enabling middle mile broadband infrastructure.

                    TITLE V--BROADBAND AFFORDABILITY

Sec. 60501. Definitions.
Sec. 60502. Broadband affordability.
Sec. 60503. Coordination with certain other Federal agencies.
Sec. 60504. Adoption of consumer broadband labels.
Sec. 60505. GAO report.
Sec. 60506. Digital discrimination.

             TITLE VI--TELECOMMUNICATIONS INDUSTRY WORKFORCE

Sec. 60601. Short title.
Sec. 60602. Telecommunications interagency working group.
Sec. 60603. Telecommunications workforce guidance.
Sec. 60604. GAO assessment of workforce needs of the telecommunications 
           industry.

                    DIVISION G--OTHER AUTHORIZATIONS

         TITLE I--INDIAN WATER RIGHTS SETTLEMENT COMPLETION FUND

Sec. 70101. Indian Water Rights Settlement Completion Fund.

                      TITLE II--WILDFIRE MITIGATION

Sec. 70201. Short title.
Sec. 70202. Definitions.
Sec. 70203. Establishment of Commission.
Sec. 70204. Duties of Commission.
Sec. 70205. Powers of Commission.
Sec. 70206. Commission personnel matters.
Sec. 70207. Termination of Commission.

                        TITLE III--REFORESTATION

Sec. 70301. Short title.
Sec. 70302. Reforestation following wildfires and other unplanned 
           events.
Sec. 70303. Report.

                      TITLE IV--RECYCLING PRACTICES

Sec. 70401. Best practices for battery recycling and labeling 
           guidelines.
Sec. 70402. Consumer recycling education and outreach grant program; 
           Federal procurement.

                    TITLE V--BIOPRODUCT PILOT PROGRAM

Sec. 70501. Pilot program on use of agricultural commodities in 
           construction and consumer products.

                         TITLE VI--CYBERSECURITY

               Subtitle A--Cyber Response and Recovery Act

Sec. 70601. Short title.
Sec. 70602. Declaration of a significant incident.

        Subtitle B--State and Local Cybersecurity Improvement Act

Sec. 70611. Short title.
Sec. 70612. State and Local Cybersecurity Grant Program.

                 TITLE VII--PUBLIC-PRIVATE PARTNERSHIPS

Sec. 70701. Value for money analysis.

               TITLE VIII--FEDERAL PERMITTING IMPROVEMENT

Sec. 70801. Federal permitting improvement.

                  TITLE IX--BUILD AMERICA, BUY AMERICA

                 Subtitle A--Build America, Buy America

Sec. 70901. Short title.

                PART I--Buy America Sourcing Requirements

Sec. 70911. Findings.

[[Page 135 STAT. 440]]

Sec. 70912. Definitions.
Sec. 70913. Identification of deficient programs.
Sec. 70914. Application of Buy America preference.
Sec. 70915. OMB guidance and standards.
Sec. 70916. Technical assistance partnership and consultation supporting 
           Department of Transportation Buy America requirements.
Sec. 70917. Application.

                       PART II--Make It in America

Sec. 70921. Regulations relating to Buy American Act.
Sec. 70922. Amendments relating to Buy American Act.
Sec. 70923. Made in America Office.
Sec. 70924. Hollings Manufacturing Extension Partnership activities.
Sec. 70925. United States obligations under international agreements.
Sec. 70926. Definitions.
Sec. 70927. Prospective amendments to internal cross-references.

                       Subtitle B--BuyAmerican.gov

Sec. 70931. Short title.
Sec. 70932. Definitions.
Sec. 70933. Sense of Congress on buying American.
Sec. 70934. Assessment of impact of free trade agreements.
Sec. 70935. Judicious use of waivers.
Sec. 70936. Establishment of BuyAmerican.gov website.
Sec. 70937. Waiver Transparency and Streamlining for contracts.
Sec. 70938. Comptroller General report.
Sec. 70939. Rules of construction.
Sec. 70940. Consistency with international agreements.
Sec. 70941. Prospective amendments to internal cross-references.

                     Subtitle C--Make PPE in America

Sec. 70951. Short title.
Sec. 70952. Findings.
Sec. 70953. Requirement of long-term contracts for domestically 
           manufactured personal protective equipment.

                       TITLE X--ASSET CONCESSIONS

Sec. 71001. Asset concessions.

                TITLE XI--CLEAN SCHOOL BUSES AND FERRIES

Sec. 71101. Clean school bus program.
Sec. 71102. Electric or low-emitting ferry pilot program.
Sec. 71103. Ferry service for rural communities.
Sec. 71104. Expanding the funding authority for renovating, 
           constructing, and expanding certain facilities.

                     DIVISION H--REVENUE PROVISIONS

                       TITLE I--HIGHWAY TRUST FUND

Sec. 80101. Extension of Highway Trust Fund expenditure authority.
Sec. 80102. Extension of highway-related taxes.
Sec. 80103. Further additional transfers to trust fund.

                      TITLE II--CHEMICAL SUPERFUND

Sec. 80201. Extension and modification of certain superfund excise 
           taxes.

                      TITLE III--CUSTOMS USER FEES

Sec. 80301. Extension of customs user fees.

                        TITLE IV--BOND PROVISIONS

Sec. 80401. Private activity bonds for qualified broadband projects.
Sec. 80402. Carbon dioxide capture facilities.
Sec. 80403. Increase in national limitation amount for qualified highway 
           or surface freight transportation facilities.

 TITLE V--RELIEF FOR TAXPAYERS AFFECTED BY DISASTERS OR OTHER CRITICAL 
                                 EVENTS

Sec. 80501. Modification of automatic extension of certain deadlines in 
           the case of taxpayers affected by Federally declared 
           disasters.

[[Page 135 STAT. 441]]

Sec. 80502. Modifications of rules for postponing certain acts by reason 
           of service in combat zone or contingency operation.
Sec. 80503. Tolling of time for filing a petition with the tax court.
Sec. 80504. Authority to postpone certain tax deadlines by reason of 
           significant fires.

                       TITLE VI--OTHER PROVISIONS

Sec. 80601. Modification of tax treatment of contributions to the 
           capital of a corporation.
Sec. 80602. Extension of interest rate stabilization.
Sec. 80603. Information reporting for brokers and digital assets.
Sec. 80604. Termination of employee retention credit for employers 
           subject to closure due to COVID-19.

                        DIVISION I--OTHER MATTERS

Sec. 90001. Extension of direct spending reductions through fiscal year 
           2031.
Sec. 90002. Strategic Petroleum Reserve drawdown and sale.
Sec. 90003. Findings regarding unused unemployment insurance funds.
Sec. 90004. Requiring manufacturers of certain single-dose container or 
           single-use package drugs payable under part B of the Medicare 
           program to provide refunds with respect to discarded amounts 
           of such drugs.
Sec. 90005. Extension of enterprise guarantee fees.
Sec. 90006. Moratorium on implementation of rule relating to eliminating 
           the anti-kickback statute safe harbor protection for 
           prescription drug rebates.
Sec. 90007. Rescission of COVID-19 appropriations.
Sec. 90008. Spectrum auctions.

                       DIVISION J--APPROPRIATIONS

 TITLE I--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, 
                          AND RELATED AGENCIES

       TITLE II--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES

      TITLE III--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES

           TITLE IV--FINANCIAL SERVICES AND GENERAL GOVERNMENT

                TITLE V--DEPARTMENT OF HOMELAND SECURITY

 TITLE VI--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES

TITLE VII--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED 
                                AGENCIES

 TITLE VIII--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED 
                                AGENCIES

               TITLE IX--GENERAL PROVISIONS--THIS DIVISION

                DIVISION K--MINORITY BUSINESS DEVELOPMENT

Sec. 100001. Short title.
Sec. 100002. Definitions.
Sec. 100003. Minority Business Development Agency.

                      TITLE I--EXISTING INITIATIVES

        Subtitle A--Market Development, Research, and Information

Sec. 100101. Private sector development.
Sec. 100102. Public sector development.
Sec. 100103. Research and information.

Subtitle B--Minority Business Development Agency Business Center Program

Sec. 100111. Definition.
Sec. 100112. Purpose.
Sec. 100113. Establishment.
Sec. 100114. Grants and cooperative agreements.
Sec. 100115. Minimizing disruptions to existing MBDA Business Center 
           program.
Sec. 100116. Publicity.

 TITLE II--NEW INITIATIVES TO PROMOTE ECONOMIC RESILIENCY FOR MINORITY 
                               BUSINESSES

Sec. 100201. Annual diverse business forum on capital formation.

[[Page 135 STAT. 442]]

Sec. 100202. Agency study on alternative financing solutions.
Sec. 100203. Educational development relating to management and 
           entrepreneurship.

            TITLE III--RURAL MINORITY BUSINESS CENTER PROGRAM

Sec. 100301. Definitions.
Sec. 100302. Business centers.
Sec. 100303. Report to Congress.
Sec. 100304. Study and report.

             TITLE IV--MINORITY BUSINESS DEVELOPMENT GRANTS

Sec. 100401. Grants to nonprofit organizations that support minority 
           business enterprises.

         TITLE V--MINORITY BUSINESS ENTERPRISES ADVISORY COUNCIL

Sec. 100501. Purpose.
Sec. 100502. Composition and term.
Sec. 100503. Duties.

      TITLE VI--FEDERAL COORDINATION OF MINORITY BUSINESS PROGRAMS

Sec. 100601. General duties.
Sec. 100602. Participation of Federal departments and agencies.

TITLE VII--ADMINISTRATIVE POWERS OF THE AGENCY; MISCELLANEOUS PROVISIONS

Sec. 100701. Administrative powers.
Sec. 100702. Federal assistance.
Sec. 100703. Recordkeeping.
Sec. 100704. Review and report by Comptroller General.
Sec. 100705. Biannual reports; recommendations.
Sec. 100706. Separability.
Sec. 100707. Executive Order 11625.
Sec. 100708. Authorization of appropriations.

SEC. 2. <<NOTE: 1 USC 1 note.>>  REFERENCES.

    Except as expressly provided otherwise, any reference to ``this 
Act'' contained in any division of this Act shall be treated as 
referring only to the provisions of that division.

[[Page 135 STAT. 443]]

   DIVISION A-- <<NOTE: Surface Transportation Reauthorization Act of 
2021.>> SURFACE TRANSPORTATION
SEC. 10001. <<NOTE: 23 USC 101 note.>>  SHORT TITLE.

    This division may be cited as the ``Surface Transportation 
Reauthorization Act of 2021''.
SEC. 10002. <<NOTE: 23 USC 101 note.>>  DEFINITIONS.

    In this division:
            (1) Department.--The term ``Department'' means the 
        Department of Transportation.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
SEC. 10003. <<NOTE: 23 USC 101 note.>>  EFFECTIVE DATE.

    Except as otherwise provided, this division and the amendments made 
by this division take effect on October 1, 2021.

                      TITLE I--FEDERAL-AID HIGHWAYS

Subtitle A <<NOTE: Time periods.>> --Authorizations and Programs
SEC. 11101. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--The following amounts are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account):
            (1) Federal-aid highway program.--For the national highway 
        performance program under section 119 of title 23, United States 
        Code, the surface transportation block grant program under 
        section 133 of that title, the highway safety improvement 
        program under section 148 of that title, the congestion 
        mitigation and air quality improvement program under section 149 
        of that title, the national highway freight program under 
        section 167 of that title, the carbon reduction program under 
        section 175 of that title, to carry out subsection (c) of the 
        PROTECT program under section 176 of that title, and to carry 
        out section 134 of that title--
                    (A) $52,488,065,375 for fiscal year 2022;
                    (B) $53,537,826,683 for fiscal year 2023;
                    (C) $54,608,583,217 for fiscal year 2024;
                    (D) $55,700,754,881 for fiscal year 2025; and
                    (E) $56,814,769,844 for fiscal year 2026.
            (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, $250,000,000 for each of fiscal 
        years 2022 through 2026.
            (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--
                          (i) $578,460,000 for fiscal year 2022;
                          (ii) $589,960,000 for fiscal year 2023;
                          (iii) $602,460,000 for fiscal year 2024;

[[Page 135 STAT. 444]]

                          (iv) $612,960,000 for fiscal year 2025; and
                          (v) $627,960,000 for fiscal year 2026.
                    (B) Federal lands transportation program.--
                          (i) In general.--For the Federal lands 
                      transportation program under section 203 of title 
                      23, United States Code--
                                    (I) $421,965,000 for fiscal year 
                                2022;
                                    (II) $429,965,000 for fiscal year 
                                2023;
                                    (III) $438,965,000 for fiscal year 
                                2024;
                                    (IV) $447,965,000 for fiscal year 
                                2025; and
                                    (V) $455,965,000 for fiscal year 
                                2026.
                          (ii) Allocation.--Of the amount made available 
                      for a fiscal year under clause (i)--
                                    (I) the amount for the National Park 
                                Service is--
                                            (aa) $332,427,450 for fiscal 
                                        year 2022;
                                            (bb) $338,867,450 for fiscal 
                                        year 2023;
                                            (cc) $346,237,450 for fiscal 
                                        year 2024;
                                            (dd) $353,607,450 for fiscal 
                                        year 2025; and
                                            (ee) $360,047,450 for fiscal 
                                        year 2026;
                                    (II) the amount for the United 
                                States Fish and Wildlife Service is 
                                $36,000,000 for each of fiscal years 
                                2022 through 2026; and
                                    (III) the amount for the Forest 
                                Service is--
                                            (aa) $24,000,000 for fiscal 
                                        year 2022;
                                            (bb) $25,000,000 for fiscal 
                                        year 2023;
                                            (cc) $26,000,000 for fiscal 
                                        year 2024;
                                            (dd) $27,000,000 for fiscal 
                                        year 2025; and
                                            (ee) $28,000,000 for fiscal 
                                        year 2026.
                    (C) Federal lands access program.--For the Federal 
                lands access program under section 204 of title 23, 
                United States Code--
                          (i) $285,975,000 for fiscal year 2022;
                          (ii) $291,975,000 for fiscal year 2023;
                          (iii) $296,975,000 for fiscal year 2024;
                          (iv) $303,975,000 for fiscal year 2025; and
                          (v) $308,975,000 for fiscal year 2026.
            (4) Territorial and puerto rico highway program.--For the 
        territorial and Puerto Rico highway program under section 165 of 
        title 23, United States Code--
                    (A) $219,000,000 for fiscal year 2022;
                    (B) $224,000,000 for fiscal year 2023;
                    (C) $228,000,000 for fiscal year 2024;
                    (D) $232,500,000 for fiscal year 2025; and
                    (E) $237,000,000 for fiscal year 2026.
            (5) Nationally significant freight and highway projects.--
        For nationally significant freight and highway projects under 
        section 117 of title 23, United States Code--
                    (A) $1,000,000,000 for fiscal year 2022;
                    (B) $1,000,000,000 for fiscal year 2023;
                    (C) $1,000,000,000 for fiscal year 2024;
                    (D) $900,000,000 for fiscal year 2025; and
                    (E) $900,000,000 for fiscal year 2026.

    (b) Other Programs.--
            (1) In general.--The following amounts are authorized to be 
        appropriated out of the Highway Trust Fund (other than the Mass 
        Transit Account):

[[Page 135 STAT. 445]]

                    (A) Bridge investment program.--To carry out the 
                bridge investment program under section 124 of title 23, 
                United States Code--
                          (i) $600,000,000 for fiscal year 2022;
                          (ii) $640,000,000 for fiscal year 2023;
                          (iii) $650,000,000 for fiscal year 2024;
                          (iv) $675,000,000 for fiscal year 2025; and
                          (v) $700,000,000 for fiscal year 2026.
                    (B) Congestion relief program.--To carry out the 
                congestion relief program under section 129(d) of title 
                23, United States Code, $50,000,000 for each of fiscal 
                years 2022 through 2026.
                    (C) Charging and fueling infrastructure grants.--To 
                carry out section 151(f) of title 23, United States 
                Code--
                          (i) $300,000,000 for fiscal year 2022;
                          (ii) $400,000,000 for fiscal year 2023;
                          (iii) $500,000,000 for fiscal year 2024;
                          (iv) $600,000,000 for fiscal year 2025; and
                          (v) $700,000,000 for fiscal year 2026.
                    (D) Rural surface transportation grant program.--To 
                carry out the rural surface transportation grant program 
                under section 173 of title 23, United States Code--
                          (i) $300,000,000 for fiscal year 2022;
                          (ii) $350,000,000 for fiscal year 2023;
                          (iii) $400,000,000 for fiscal year 2024;
                          (iv) $450,000,000 for fiscal year 2025; and
                          (v) $500,000,000 for fiscal year 2026.
                    (E) PROTECT grants.--
                          (i) In general.--To carry out subsection (d) 
                      of the PROTECT program under section 176 of title 
                      23, United States Code, for each of fiscal years 
                      2022 through 2026--
                                    (I) $250,000,000 for fiscal year 
                                2022;
                                    (II) $250,000,000 for fiscal year 
                                2023;
                                    (III) $300,000,000 for fiscal year 
                                2024;
                                    (IV) $300,000,000 for fiscal year 
                                2025; and
                                    (V) $300,000,000 for fiscal year 
                                2026.
                          (ii) Allocation.--Of the amounts made 
                      available under clause (i)--
                                    (I) for planning grants under 
                                paragraph (3) of that subsection--
                                            (aa) $25,000,000 for fiscal 
                                        year 2022;
                                            (bb) $25,000,000 for fiscal 
                                        year 2023;
                                            (cc) $30,000,000 for fiscal 
                                        year 2024;
                                            (dd) $30,000,000 for fiscal 
                                        year 2025; and
                                            (ee) $30,000,000 for fiscal 
                                        year 2026;
                                    (II) for resilience improvement 
                                grants under paragraph (4)(A) of that 
                                subsection--
                                            (aa) $175,000,000 for fiscal 
                                        year 2022;
                                            (bb) $175,000,000 for fiscal 
                                        year 2023;
                                            (cc) $210,000,000 for fiscal 
                                        year 2024;
                                            (dd) $210,000,000 for fiscal 
                                        year 2025; and
                                            (ee) $210,000,000 for fiscal 
                                        year 2026;
                                    (III) for community resilience and 
                                evacuation route grants under paragraph 
                                (4)(B) of that subsection--

[[Page 135 STAT. 446]]

                                            (aa) $25,000,000 for fiscal 
                                        year 2022;
                                            (bb) $25,000,000 for fiscal 
                                        year 2023;
                                            (cc) $30,000,000 for fiscal 
                                        year 2024;
                                            (dd) $30,000,000 for fiscal 
                                        year 2025; and
                                            (ee) $30,000,000 for fiscal 
                                        year 2026; and
                                    (IV) for at-risk coastal 
                                infrastructure grants under paragraph 
                                (4)(C) of that subsection--
                                            (aa) $25,000,000 for fiscal 
                                        year 2022;
                                            (bb) $25,000,000 for fiscal 
                                        year 2023;
                                            (cc) $30,000,000 for fiscal 
                                        year 2024;
                                            (dd) $30,000,000 for fiscal 
                                        year 2025; and
                                            (ee) $30,000,000 for fiscal 
                                        year 2026.
                    (F) Reduction of truck emissions at port 
                facilities.--
                          (i) In general.--To carry out the reduction of 
                      truck emissions at port facilities under section 
                      11402, $50,000,000 for each of fiscal years 2022 
                      through 2026.
                          (ii) Treatment.--Amounts made available under 
                      clause (i) shall be available for obligation in 
                      the same manner as if those amounts were 
                      apportioned under chapter 1 of title 23, United 
                      States Code.
                    (G) Nationally significant federal lands and tribal 
                projects.--
                          (i) In general.--To carry out the nationally 
                      significant Federal lands and tribal projects 
                      program under section 1123 of the FAST Act (23 
                      U.S.C. 201 note; Public Law 114-94), $55,000,000 
                      for each of fiscal years 2022 through 2026.
                          (ii) Treatment.--Amounts made available under 
                      clause (i) shall be available for obligation in 
                      the same manner as if those amounts were 
                      apportioned under chapter 1 of title 23, United 
                      States Code.
            (2) General fund.--
                    (A) Bridge investment program.--
                          (i) In general.--In addition to amounts made 
                      available under paragraph (1)(A), there are 
                      authorized to be appropriated to carry out the 
                      bridge investment program under section 124 of 
                      title 23, United States Code--
                                    (I) $600,000,000 for fiscal year 
                                2022;
                                    (II) $640,000,000 for fiscal year 
                                2023;
                                    (III) $650,000,000 for fiscal year 
                                2024;
                                    (IV) $675,000,000 for fiscal year 
                                2025; and
                                    (V) $700,000,000 for fiscal year 
                                2026.
                          (ii) Allocation.--Amounts made available under 
                      clause (i) shall be allocated in the same manner 
                      as if made available under paragraph (1)(A).
                    (B) Nationally significant federal lands and tribal 
                projects program.--In addition to amounts made available 
                under paragraph (1)(G), there is authorized to be 
                appropriated to carry out section 1123 of the FAST Act 
                (23 U.S.C. 201 note; Public Law 114-94) $300,000,000 for 
                each of fiscal years 2022 through 2026.
                    (C) Healthy streets program.--There is authorized to 
                be appropriated to carry out the Healthy Streets program 
                under section 11406 $100,000,000 for each of fiscal 
                years 2022 through 2026.

[[Page 135 STAT. 447]]

                    (D) Transportation resilience and adaptation centers 
                of excellence.--There is authorized to be appropriated 
                to carry out section 520 of title 23, United States 
                Code, $100,000,000 for each of fiscal years 2022 through 
                2026.
                    (E) Open challenge and research proposal pilot 
                program.--There is authorized to be appropriated to 
                carry out the open challenge and research proposal pilot 
                program under section 13006(e) $15,000,000 for each of 
                fiscal years 2022 through 2026.

    (c) Research, Technology, and Education Authorizations.--
            (1) In general.--The following amounts are authorized to be 
        appropriated out of the Highway Trust Fund (other than the Mass 
        Transit Account):
                    (A) Highway research and development program.--To 
                carry out section 503(b) of title 23, United States 
                Code, $147,000,000 for each of fiscal years 2022 through 
                2026.
                    (B) Technology and innovation deployment program.--
                To carry out section 503(c) of title 23, United States 
                Code, $110,000,000 for each of fiscal years 2022 through 
                2026.
                    (C) Training and education.--To carry out section 
                504 of title 23, United States Code--
                          (i) $25,000,000 for fiscal year 2022;
                          (ii) $25,250,000 for fiscal year 2023;
                          (iii) $25,500,000 for fiscal year 2024;
                          (iv) $25,750,000 for fiscal year 2025; and
                          (v) $26,000,000 for fiscal year 2026.
                    (D) Intelligent transportation systems program.--To 
                carry out sections 512 through 518 of title 23, United 
                States Code, $110,000,000 for each of fiscal years 2022 
                through 2026.
                    (E) University transportation centers program.--To 
                carry out section 5505 of title 49, United States Code--
                          (i) $80,000,000 for fiscal year 2022;
                          (ii) $80,500,000 for fiscal year 2023;
                          (iii) $81,000,000 for fiscal year 2024;
                          (iv) $81,500,000 for fiscal year 2025; and
                          (v) $82,000,000 for fiscal year 2026.
                    (F) Bureau of transportation statistics.--To carry 
                out chapter 63 of title 49, United States Code--
                          (i) $26,000,000 for fiscal year 2022;
                          (ii) $26,250,000 for fiscal year 2023;
                          (iii) $26,500,000 for fiscal year 2024;
                          (iv) $26,750,000 for fiscal year 2025; and
                          (v) $27,000,000 for fiscal year 2026.
            (2) Administration.--The Federal Highway Administration 
        shall--
                    (A) administer the programs described in 
                subparagraphs (A), (B), and (C) of paragraph (1); and
                    (B) <<NOTE: Consultation.>>  in consultation with 
                relevant modal administrations, administer the programs 
                described in paragraph (1)(D).
            (3) Applicability of title 23, united states code.--Amounts 
        authorized to be appropriated by paragraph (1) shall--

[[Page 135 STAT. 448]]

                    (A) <<NOTE: Determination.>>  be available for 
                obligation in the same manner as if those funds were 
                apportioned under chapter 1 of title 23, United States 
                Code, except that the Federal share of the cost of a 
                project or activity carried out using those funds shall 
                be 80 percent, unless otherwise expressly provided by 
                this division (including the amendments by this 
                division) or otherwise determined by the Secretary; and
                    (B) remain available until expended and not be 
                transferable, except as otherwise provided by this 
                division.

    (d) Pilot Programs.--The following amounts are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account):
            (1) Wildlife crossings pilot program.--For the wildlife 
        crossings pilot program under section 171 of title 23, United 
        States Code--
                    (A) $60,000,000 for fiscal year 2022;
                    (B) $65,000,000 for fiscal year 2023;
                    (C) $70,000,000 for fiscal year 2024;
                    (D) $75,000,000 for fiscal year 2025; and
                    (E) $80,000,000 for fiscal year 2026.
            (2) Prioritization process pilot program.--
                    (A) In general.--For the prioritization process 
                pilot program under section 11204, $10,000,000 for each 
                of fiscal years 2022 through 2026.
                    (B) Treatment.--Amounts made available under 
                subparagraph (A) shall be available for obligation in 
                the same manner as if those amounts were apportioned 
                under chapter 1 of title 23, United States Code.
            (3) Reconnecting communities pilot program.--
                    (A) Planning grants.--For planning grants under the 
                reconnecting communities pilot program under section 
                11509(c), $30,000,000 for each of fiscal years 2022 
                through 2026.
                    (B) Capital construction grants.--For capital 
                construction grants under the reconnecting communities 
                pilot program under section 11509(d)--
                          (i) $65,000,000 for fiscal year 2022;
                          (ii) $68,000,000 for fiscal year 2023;
                          (iii) $70,000,000 for fiscal year 2024;
                          (iv) $72,000,000 for fiscal year 2025; and
                          (v) $75,000,000 for fiscal year 2026.
                    (C) Treatment.--Amounts made available under 
                subparagraph (A) or (B) shall be available for 
                obligation in the same manner as if those amounts were 
                apportioned under chapter 1 of title 23, United States 
                Code, except that those amounts shall remain available 
                until expended.

    (e) <<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 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;

[[Page 135 STAT. 449]]

                    (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:
                    (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 $26,290,000, 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.
             <<NOTE: Determination.>> (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 this division (other than 
        section 14004), division C, 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.
            (4) Annual listing of disadvantaged business enterprises.--
        Each State shall annually--
                    (A) <<NOTE: Surveys.>>  survey and compile a list of 
                the small business concerns referred to in paragraph (3) 
                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--

[[Page 135 STAT. 450]]

                          (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) <<NOTE: Criteria.>>  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) <<NOTE: Analyses.>>  analyses of stock 
                      ownership;
                          (v) <<NOTE: Lists.>>  listings of equipment;
                          (vi) <<NOTE: Analyses.>>  analyses of bonding 
                      capacity;
                          (vii) <<NOTE: Lists.>>  listings of work 
                      completed;
                          (viii) <<NOTE: Examination.>>  examination of 
                      the resumes of principal owners;
                          (ix) <<NOTE: Analyses.>>  analyses of 
                      financial capacity; and
                          (x) <<NOTE: Analyses.>>  analyses of the type 
                      of work preferred.
            (6) <<NOTE: Requirements.>>  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) <<NOTE: Determination.>>  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 this division, division C, 
        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 (3) because a Federal court issues a final order in 
        which the court finds that a requirement or the implementation 
        of paragraph (3) is unconstitutional.
            (8) Sense of congress on prompt payment of dbe 
        subcontractors.--It is the sense of Congress that--
                    (A) the Secretary should take additional steps to 
                ensure that recipients comply with section 26.29 of 
                title 49, Code of Federal Regulations (the disadvantaged 
                business enterprises prompt payment rule), or any 
                corresponding regulation, in awarding Federally funded 
                transportation contracts under laws and regulations 
                administered by the Secretary; and
                    (B) such additional steps should include increasing 
                the ability of the Department to track and keep records 
                of complaints and to make that information publicly 
                available.
SEC. 11102. <<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-

[[Page 135 STAT. 451]]

aid highway and highway safety construction programs shall not exceed--
            (1) $57,473,430,072 for fiscal year 2022;
            (2) $58,764,510,674 for fiscal year 2023;
            (3) $60,095,782,888 for fiscal year 2024;
            (4) $61,314,170,545 for fiscal year 2025; and
            (5) $62,657,105,821 for fiscal year 2026.

    (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 (as in 
        effect for fiscal years 2005 through 2012, but 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;
            (12) section 119 of title 23, United States Code (as in 
        effect for fiscal years 2013 through 2015, but only in an amount 
        equal to $639,000,000 for each of those fiscal years);
            (13) section 119 of title 23, United States Code (as in 
        effect for fiscal years 2016 through 2021, but only in an amount 
        equal to $639,000,000 for each of those fiscal years); and
            (14) section 119 of title 23, United States Code (but, for 
        fiscal years 2022 through 2026, 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 
2022 through 2026, 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

[[Page 135 STAT. 452]]

                    (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 
                section 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--
                    (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 (13) 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)(14) 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 division and title 23, United States 
        Code, or apportioned by the Secretary under section 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)(14) and the amounts 
        apportioned under sections 202 and 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.

[[Page 135 STAT. 453]]

    (d) <<NOTE: Effective dates.>>  Redistribution of Unused Obligation 
Authority.--Notwithstanding subsection (c), the Secretary shall, after 
August 1 of each of fiscal years 2022 through 2026--
            (1) <<NOTE: Revision.>>  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 
        MAP-21 (Public Law 112-141; 126 Stat. 405)) and 104 of title 23, 
        United States Code.

    (e) Applicability of Obligation Limitations to Transportation 
Research Programs.--
            (1) In general.--Except as provided in paragraph (2), 
        obligation limitations imposed by subsection (a) shall apply to 
        contract authority for transportation research programs carried 
        out under chapter 5 of title 23, United States Code.
            (2) Exception.--Obligation authority made available under 
        paragraph (1) shall--
                    (A) remain available for a period of 4 fiscal years; 
                and
                    (B) be in addition to the amount of any limitation 
                imposed on obligations for Federal-aid highway and 
                highway safety construction programs for future fiscal 
                years.

    (f) Redistribution of Certain Authorized Funds.--
            (1) <<NOTE: Deadlines.>>  In general.--Not later than 30 
        days after the date of distribution of obligation authority 
        under subsection (c) for each of fiscal years 2022 through 2026, 
        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) <<NOTE: Determination.>>  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(b) of title 23, United States Code.
SEC. 11103. DEFINITIONS.

    Section 101(a) of title 23, United States Code, is amended--
            (1) in paragraph (4)--
                    (A) in subparagraph (A), by inserting ``assessing 
                resilience,'' after ``surveying,'';
                    (B) in subparagraph (G), by striking ``and'' at the 
                end;
                    (C) by redesignating subparagraph (H) as 
                subparagraph (I); and
                    (D) by inserting after subparagraph (G) the 
                following:

[[Page 135 STAT. 454]]

                    ``(H) improvements that reduce the number of 
                wildlife-vehicle collisions, such as wildlife crossing 
                structures; and'';
            (2) by redesignating paragraphs (17) through (34) as 
        paragraphs (18), (19), (20), (21), (22), (23), (25), (26), (27), 
        (28), (29), (30), (31), (32), (33), (34), (35), and (36), 
        respectively;
            (3) by inserting after paragraph (16) the following:
            ``(17) Natural infrastructure.--The term `natural 
        infrastructure' means infrastructure that uses, restores, or 
        emulates natural ecological processes and--
                    ``(A) is created through the action of natural 
                physical, geological, biological, and chemical processes 
                over time;
                    ``(B) is created by human design, engineering, and 
                construction to emulate or act in concert with natural 
                processes; or
                    ``(C) involves the use of plants, soils, and other 
                natural features, including through the creation, 
                restoration, or preservation of vegetated areas using 
                materials appropriate to the region to manage stormwater 
                and runoff, to attenuate flooding and storm surges, and 
                for other related purposes.'';
            (4) by inserting after paragraph (23) (as so redesignated) 
        the following:
            ``(24) Resilience.--The term `resilience', with respect to a 
        project, means a project with the ability to anticipate, prepare 
        for, or adapt to conditions or withstand, respond to, or recover 
        rapidly from disruptions, including the ability--
                    ``(A)(i) to resist hazards or withstand impacts from 
                weather events and natural disasters; or
                    ``(ii) to reduce the magnitude or duration of 
                impacts of a disruptive weather event or natural 
                disaster on a project; and
                    ``(B) to have the absorptive capacity, adaptive 
                capacity, and recoverability to decrease project 
                vulnerability to weather events or other natural 
                disasters.''; and
            (5) in subparagraph (A) of paragraph (32) (as so 
        redesignated)--
                    (A) by striking the period at the end and inserting 
                ``; and'';
                    (B) by striking ``through the implementation'' and 
                inserting the following: ``through--
                          ``(i) the implementation''; and
                    (C) by adding at the end the following:
                          ``(ii) the consideration of incorporating 
                      natural infrastructure.''.
SEC. 11104. APPORTIONMENT.

    (a) Administrative Expenses.--Section 104(a)(1) of title 23, United 
States Code, is amended by striking subparagraphs (A) through (E) and 
inserting the following:
                    ``(A) $490,964,697 for fiscal year 2022;
                    ``(B) $500,783,991 for fiscal year 2023;
                    ``(C) $510,799,671 for fiscal year 2024;
                    ``(D) $521,015,664 for fiscal year 2025; and
                    ``(E) $531,435,977 for fiscal year 2026.''.

    (b) Division Among Programs of State Share.--Section 104(b) of title 
23, United States Code, is amended in subsection (b)--

[[Page 135 STAT. 455]]

            (1) in the matter preceding paragraph (1), by inserting 
        ``the carbon reduction program under section 175, to carry out 
        subsection (c) of the PROTECT program under section 176,'' 
        before ``and to carry out section 134'';
            (2) in paragraph (1), by striking ``63.7 percent'' and 
        inserting ``59.0771195921461 percent'';
            (3) in paragraph (2), by striking ``29.3 percent'' and 
        inserting ``28.7402203421251 percent'';
            (4) in paragraph (3), by striking ``7 percent'' and 
        inserting ``6.70605141316253 percent'';
            (5) by striking paragraph (4) and inserting the following:
            ``(4) Congestion mitigation and air quality improvement 
        program.--
                    ``(A) In general.--For the congestion mitigation and 
                air quality improvement program, an amount determined 
                for the State under subparagraphs (B) and (C).
                    ``(B) Total amount.--The total amount for the 
                congestion mitigation and air quality improvement 
                program for all States shall be--
                          ``(i) $2,536,490,803 for fiscal year 2022;
                          ``(ii) $2,587,220,620 for fiscal year 2023;
                          ``(iii) $2,638,965,032 for fiscal year 2024;
                          ``(iv) $2,691,744,332 for fiscal year 2025; 
                      and
                          ``(v) $2,745,579,213 for fiscal year 2026.
                    ``(C) State share.--For each fiscal year, the 
                Secretary shall distribute among the States the total 
                amount for the congestion mitigation and air quality 
                improvement program under subparagraph (B) so that each 
                State receives an amount equal to the proportion that--
                          ``(i) the amount apportioned to the State for 
                      the congestion mitigation and air quality 
                      improvement program for fiscal year 2020; bears to
                          ``(ii) the total amount of funds apportioned 
                      to all States for that program for fiscal year 
                      2020.'';
            (6) in paragraph (5)--
                    (A) by striking subparagraph (B) and inserting the 
                following:
                    ``(B) Total amount.--The total amount set aside for 
                the national highway freight program for all States 
                shall be--
                          ``(i) $1,373,932,519 for fiscal year 2022;
                          ``(ii) $1,401,411,169 for fiscal year 2023;
                          ``(iii) $1,429,439,392 for fiscal year 2024;
                          ``(iv) $1,458,028,180 for fiscal year 2025; 
                      and
                          ``(v) $1,487,188,740 for fiscal year 2026.''; 
                      and
                    (B) by striking subparagraph (D); and
            (7) by striking paragraph (6) and inserting the following:
            ``(6) Metropolitan planning.--
                    ``(A) In general.--To carry out section 134, an 
                amount determined for the State under subparagraphs (B) 
                and (C).
                    ``(B) Total amount.--The total amount for 
                metropolitan planning for all States shall be--
                          ``(i) $ 438,121,139 for fiscal year 2022;
                          ``(ii) $446,883,562 for fiscal year 2023;
                          ``(iii) $455,821,233 for fiscal year 2024;
                          ``(iv) $464,937,657 for fiscal year 2025; and

[[Page 135 STAT. 456]]

                          ``(v) $474,236,409 for fiscal year 2026.
                    ``(C) State share.--For each fiscal year, the 
                Secretary shall distribute among the States the total 
                amount to carry out section 134 under subparagraph (B) 
                so that each State receives an amount equal to the 
                proportion that--
                          ``(i) the amount apportioned to the State to 
                      carry out section 134 for fiscal year 2020; bears 
                      to
                          ``(ii) the total amount of funds apportioned 
                      to all States to carry out section 134 for fiscal 
                      year 2020.
            ``(7) Carbon reduction program.--For the carbon reduction 
        program under section 175, 2.56266964565637 percent of the 
        amount remaining after distributing amounts under paragraphs 
        (4), (5), and (6).
            ``(8) PROTECT formula program.--To carry out subsection (c) 
        of the PROTECT program under section 176, 2.91393900690991 
        percent of the amount remaining after distributing amounts under 
        paragraphs (4), (5), and (6).''.

    (c) Calculation of Amounts.--Section 104(c) of title 23, United 
States Code, is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``each of fiscal years 2016 through 2020'' and 
                inserting ``fiscal year 2022 and each fiscal year 
                thereafter'';
                    (B) in subparagraph (A)--
                          (i) by striking clause (i) and inserting the 
                      following:
                          ``(i) the base apportionment; by''; and
                          (ii) in clause (ii)(I), by striking ``fiscal 
                      year 2015'' and inserting ``fiscal year 2021''; 
                      and
                    (C) by striking subparagraph (B) and inserting the 
                following:
                    ``(B) Guaranteed amounts.--The initial amounts 
                resulting from the calculation under subparagraph (A) 
                shall be adjusted to ensure that each State receives an 
                aggregate apportionment that is--
                          ``(i) equal to at least 95 percent of the 
                      estimated tax payments paid into the Highway Trust 
                      Fund (other than the Mass Transit Account) in the 
                      most recent fiscal year for which data are 
                      available that are--
                                    ``(I) attributable to highway users 
                                in the State; and
                                    ``(II) associated with taxes in 
                                effect on July 1, 2019, and only up to 
                                the rate those taxes were in effect on 
                                that date;
                          ``(ii) at least 2 percent greater than the 
                      apportionment that the State received for fiscal 
                      year 2021; and
                          ``(iii) at least 1 percent greater than the 
                      apportionment that the State received for the 
                      previous fiscal year.''; and
            (2) in paragraph (2)--
                    (A) by striking ``fiscal years 2016 through 2020'' 
                and inserting ``fiscal year 2022 and each fiscal year 
                thereafter''; and
                    (B) by inserting ``the carbon reduction program 
                under section 175, to carry out subsection (c) of the 
                PROTECT program under section 176,'' before ``and to 
                carry out section 134''.

[[Page 135 STAT. 457]]

    (d) Metropolitan Planning.--Section 104(d)(1)(A) of title 23, United 
States Code, is amended by striking ``paragraphs (5)(D) and (6) of 
subsection (b)'' each place it appears and inserting ``subsection 
(b)(6)''.
    (e) Supplemental Funds.--Section 104 of title 23, United States 
Code, is amended by striking subsection (h).
    (f) Base Apportionment Defined.--Section 104 of title 23, United 
States Code, is amended--
            (1) by redesignating subsection (i) as subsection (h); and
            (2) in subsection (h) (as so redesignated)--
                    (A) by striking ``means'' in the matter preceding 
                paragraph (1) and all that follows through ``the 
                combined amount'' in paragraph (1) and inserting ``means 
                the combined amount'';
                    (B) by striking ``and to carry out section 134; 
                minus'' and inserting ``the carbon reduction program 
                under section 175, to carry out subsection (c) of the 
                PROTECT program under section 176, and to carry out 
                section 134.''; and
                    (C) by striking paragraph (2).
SEC. 11105. NATIONAL HIGHWAY PERFORMANCE PROGRAM.

    Section 119 of title 23, United States Code, 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) to provide support for activities to increase the 
        resiliency of the National Highway System to mitigate the cost 
        of damages from sea level rise, extreme weather events, 
        flooding, wildfires, or other natural disasters.'';
            (2) in subsection (d)(2), by adding at the end the 
        following:
                    ``(Q) Undergrounding public utility infrastructure 
                carried out in conjunction with a project otherwise 
                eligible under this section.
                    ``(R) Resiliency improvements on the National 
                Highway System, including protective features described 
                in subsection (k)(2).
                    ``(S) Implement activities to protect segments of 
                the National Highway System from cybersecurity 
                threats.'';
            (3) in subsection (e)(4)(D), by striking ``analysis'' and 
        inserting ``analyses, both of which shall take into 
        consideration extreme weather and resilience''; and
            (4) by adding at the end the following:

    ``(k) Protective Features.--
            ``(1) In general.--A State may use not more than 15 percent 
        of the funds apportioned to the State under section 104(b)(1) 
        for each fiscal year for 1 or more protective features on a 
        Federal-aid highway or bridge not on the National Highway 
        System, if the protective feature is designed to mitigate the 
        risk of recurring damage or the cost of future repairs from 
        extreme weather events, flooding, or other natural disasters.
            ``(2) Protective features described.--A protective feature 
        referred to in paragraph (1) includes--
                    ``(A) raising roadway grades;

[[Page 135 STAT. 458]]

                    ``(B) relocating roadways in a base floodplain to 
                higher ground above projected flood elevation levels or 
                away from slide prone areas;
                    ``(C) stabilizing slide areas;
                    ``(D) stabilizing slopes;
                    ``(E) lengthening or raising bridges to increase 
                waterway openings;
                    ``(F) increasing the size or number of drainage 
                structures;
                    ``(G) replacing culverts with bridges or upsizing 
                culverts;
                    ``(H) installing seismic retrofits on bridges;
                    ``(I) adding scour protection at bridges, installing 
                riprap, or adding other scour, stream stability, 
                coastal, or other hydraulic countermeasures, including 
                spur dikes; and
                    ``(J) the use of natural infrastructure to mitigate 
                the risk of recurring damage or the cost of future 
                repair from extreme weather events, flooding, or other 
                natural disasters.
            ``(3) Savings provision.--Nothing in this subsection limits 
        the ability of a State to carry out a project otherwise eligible 
        under subsection (d) using funds apportioned under section 
        104(b)(1).''.
SEC. 11106. EMERGENCY RELIEF.

    Section 125 of title 23, United States Code, is amended--
            (1) in subsection (a)(1), by inserting ``wildfire,'' after 
        ``severe storm,'';
            (2) by striking subsection (b) and inserting the following:

    ``(b) Restriction on Eligibility.--Funds under this section shall 
not be used for the repair or reconstruction of a bridge that has been 
permanently closed to all vehicular traffic by the State or responsible 
local official because of imminent danger of collapse due to a 
structural deficiency or physical deterioration.''; and
            (3) in subsection (d)--
                    (A) in paragraph (2)(A)--
                          (i) by striking the period at the end and 
                      inserting ``; and'';
                          (ii) by striking ``a facility that meets the 
                      current'' and inserting the following: ``a 
                      facility that--
                          ``(i) meets the current''; and
                          (iii) by adding at the end the following:
                          ``(ii) incorporates economically justifiable 
                      improvements that will mitigate the risk of 
                      recurring damage from extreme weather, flooding, 
                      and other natural disasters.'';
                    (B) by redesignating paragraph (3) as paragraph (4); 
                and
                    (C) by inserting after paragraph (2) the following:
            ``(3) Protective features.--
                    ``(A) In general.--The cost of an improvement that 
                is part of a project under this section shall be an 
                eligible expense under this section if the improvement 
                is a protective feature that will mitigate the risk of 
                recurring damage or the cost of future repair from 
                extreme weather, flooding, and other natural disasters.

[[Page 135 STAT. 459]]

                    ``(B) Protective features described.--A protective 
                feature referred to in subparagraph (A) includes--
                          ``(i) raising roadway grades;
                          ``(ii) relocating roadways in a floodplain to 
                      higher ground above projected flood elevation 
                      levels or away from slide prone areas;
                          ``(iii) stabilizing slide areas;
                          ``(iv) stabilizing slopes;
                          ``(v) lengthening or raising bridges to 
                      increase waterway openings;
                          ``(vi) increasing the size or number of 
                      drainage structures;
                          ``(vii) replacing culverts with bridges or 
                      upsizing culverts;
                          ``(viii) installing seismic retrofits on 
                      bridges;
                          ``(ix) adding scour protection at bridges, 
                      installing riprap, or adding other scour, stream 
                      stability, coastal, or other hydraulic 
                      countermeasures, including spur dikes; and
                          ``(x) the use of natural infrastructure to 
                      mitigate the risk of recurring damage or the cost 
                      of future repair from extreme weather, flooding, 
                      and other natural disasters.''.
SEC. 11107. FEDERAL SHARE PAYABLE.

    Section 120 of title 23, United States Code, is amended--
            (1) in subsection (c)--
                    (A) in paragraph (1), in the first sentence, by 
                inserting ``vehicle-to-infrastructure communication 
                equipment,'' after ``breakaway utility poles,'';
                    (B) in subparagraph (3)(B)--
                          (i) in clause (v), by striking ``or'' at the 
                      end;
                          (ii) by redesignating clause (vi) as clause 
                      (vii); and
                          (iii) by inserting after clause (v) the 
                      following:
                          ``(vi) contractual provisions that provide 
                      safety contingency funds to incorporate safety 
                      enhancements to work zones prior to or during 
                      roadway construction activities; or''; and
                    (C) by adding at the end the following:
            ``(4) <<NOTE: Waiver authority.>>  Pooled funding.--
        Notwithstanding any other provision of law, the Secretary may 
        waive the non-Federal share of the cost of a project or activity 
        under section 502(b)(6) that is carried out with amounts 
        apportioned under section 104(b)(2) after considering 
        appropriate factors, including whether--
                    ``(A) decreasing or eliminating the non-Federal 
                share would best serve the interests of the Federal-aid 
                highway program; and
                    ``(B) the project or activity addresses national or 
                regional high priority research, development, and 
                technology transfer problems in a manner that would 
                benefit multiple States or metropolitan planning 
                organizations.'';
            (2) in subsection (e)--
                    (A) in paragraph (1), by striking ``180 days'' and 
                inserting ``270 days''; and
                    (B) in paragraph (4), by striking ``permanent''; and
            (3) by adding at the end the following:

    ``(l) Federal Share Flexibility Pilot Program.--

[[Page 135 STAT. 460]]

            ``(1) <<NOTE: Deadline.>>  Establishment.--Not later than 
        180 days after the date of enactment of the Surface 
        Transportation Reauthorization Act of 2021, the Secretary shall 
        establish a pilot program (referred to in this subsection as the 
        `pilot program') to give States additional flexibility with 
        respect to the Federal requirements under this section.
            ``(2) Program.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, a State participating in the pilot 
                program (referred to in this subsection as a 
                `participating State') may determine the Federal share 
                on a project, multiple-project, or program basis for 
                projects under any of the following:
                          ``(i) The national highway performance program 
                      under section 119.
                          ``(ii) The surface transportation block grant 
                      program under section 133.
                          ``(iii) The highway safety improvement program 
                      under section 148.
                          ``(iv) The congestion mitigation and air 
                      quality improvement program under section 149.
                          ``(v) The national highway freight program 
                      under section 167.
                          ``(vi) The carbon reduction program under 
                      section 175.
                          ``(vii) Subsection (c) of the PROTECT program 
                      under section 176.
                    ``(B) Requirements.--
                          ``(i) Maximum federal share.--Subject to 
                      clause (iii), the Federal share of the cost of an 
                      individual project carried out under a program 
                      described in subparagraph (A) by a participating 
                      State and to which the participating State is 
                      applying the Federal share requirements under the 
                      pilot program may be up to 100 percent.
                          ``(ii) Minimum federal share.--No individual 
                      project carried out under a program described in 
                      subparagraph (A) by a participating State and to 
                      which the participating State is applying the 
                      Federal share requirements under the pilot program 
                      shall have a Federal share of 0 percent.
                          ``(iii) Determination.--The average annual 
                      Federal share of the total cost of all projects 
                      authorized under a program described in 
                      subparagraph (A) to which a participating State is 
                      applying the Federal share requirements under the 
                      pilot program shall be not more than the average 
                      of the maximum Federal share of those projects if 
                      those projects were not carried out under the 
                      pilot program.
                    ``(C) Selection.--
                          ``(i) Application.--A State seeking to be a 
                      participating State shall--
                                    ``(I) submit to the Secretary an 
                                application in such form, at such time, 
                                and containing such information as the 
                                Secretary may require; and
                                    ``(II) have in place adequate 
                                financial controls to allow the State to 
                                determine the average annual

[[Page 135 STAT. 461]]

                                Federal share requirements under the 
                                pilot program.
                          ``(ii) Requirement.--For each of fiscal years 
                      2022 through 2026, the Secretary shall select not 
                      more than 10 States to be participating States.''.
SEC. 11108. RAILWAY-HIGHWAY GRADE CROSSINGS.

    (a) In General.--Section 130(e) of title 23, United States Code, is 
amended--
            (1) in the heading, by striking ``Protective Devices'' and 
        inserting ``Railway-Highway Grade Crossings''; and
            (2) in paragraph (1)--
                    (A) in subparagraph (A), by striking ``and the 
                installation of protective devices at railway-highway 
                crossings'' in the matter preceding clause (i) and all 
                that follows through ``2020.'' in clause (v) and 
                inserting the following: ``, the installation of 
                protective devices at railway-highway crossings, the 
                replacement of functionally obsolete warning devices, 
                and as described in subparagraph (B), not less than 
                $245,000,000 for each of fiscal years 2022 through 
                2026.''; and
                    (B) by striking subparagraph (B) and inserting the 
                following:
                    ``(B) Reducing trespassing fatalities and 
                injuries.--A State may use funds set aside under 
                subparagraph (A) for projects to reduce pedestrian 
                fatalities and injuries from trespassing at grade 
                crossings.''.

    (b) Federal Share.--Section 130(f)(3) of title 23, United States 
Code, is amended by striking ``90 percent'' and inserting ``100 
percent''.
    (c) Incentive Payments for At-grade Crossing Closures.--Section 
130(i)(3)(B) of title 23, United States Code, is amended by striking 
``$7,500'' and inserting ``$100,000''.
    (d) Expenditure of Funds.--Section 130(k) of title 23, United States 
Code, is amended by striking ``2 percent'' and inserting ``8 percent''.
    (e) <<NOTE: Reports. Analysis.>>  GAO Study.--Not later than 3 years 
after the date of enactment of this Act, the Comptroller General of the 
United States shall submit to Congress a report that includes an 
analysis of the effectiveness of the railway-highway crossings program 
under section 130 of title 23, United States Code.

    (f) Sense of Congress Relating to Trespasser Deaths Along Railroad 
Rights-of-way.--It is the sense of Congress that the Department should, 
where feasible, coordinate departmental efforts to prevent or reduce 
trespasser deaths along railroad rights-of-way and at or near railway-
highway crossings.
SEC. 11109. SURFACE TRANSPORTATION BLOCK GRANT PROGRAM.

    (a) In General.--Section 133 of title 23, United States Code, is 
amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)--
                          (i) in subparagraph (B)--
                                    (I) by adding ``or'' at the end;
                                    (II) by striking ``facilities 
                                eligible'' and inserting the following: 
                                ``facilities--
                          ``(i) that are eligible''; and
                                    (III) by adding at the end the 
                                following:

[[Page 135 STAT. 462]]

                          ``(ii) <<NOTE: Determination.>>  that are 
                      privately or majority-privately owned, but that 
                      the Secretary determines provide a substantial 
                      public transportation benefit or otherwise meet 
                      the foremost needs of the surface transportation 
                      system described in section 101(b)(3)(D);'';
                          (ii) in subparagraph (E), by striking ``and'' 
                      at the end;
                          (iii) in subparagraph (F), by striking the 
                      period at the end and inserting ``; and''; and
                          (iv) by adding at the end the following:
                    ``(G) wildlife crossing structures.'';
                    (B) in paragraph (3), by inserting 
                ``148(a)(4)(B)(xvii),'' after ``119(g),'';
                    (C) by redesignating paragraphs (4) through (15) as 
                paragraphs (5), (6), (7), (8), (9), (10), (11), (12), 
                (13), (20), (21), and (22), respectively;
                    (D) in paragraph (5) (as so redesignated), by 
                striking ``railway-highway grade crossings'' and 
                inserting ``projects eligible under section 130 and 
                installation of safety barriers and nets on bridges'';
                    (E) in paragraph (7) (as so redesignated)--
                          (i) by inserting ``including the maintenance 
                      and restoration of existing recreational trails,'' 
                      after ``section 206''; and
                          (ii) by striking ``the safe routes to school 
                      program under section 1404 of SAFETEA-LU (23 
                      U.S.C. 402 note)'' and inserting ``the safe routes 
                      to school program under section 208'';
                    (F) by inserting after paragraph (13) (as so 
                redesignated) the following:
            ``(14) Projects and strategies designed to reduce the number 
        of wildlife-vehicle collisions, including project-related 
        planning, design, construction, monitoring, and preventative 
        maintenance.
            ``(15) The installation of electric vehicle charging 
        infrastructure and vehicle-to-grid infrastructure.
            ``(16) The installation and deployment of current and 
        emerging intelligent transportation technologies, including the 
        ability of vehicles to communicate with infrastructure, 
        buildings, and other road users.
            ``(17) Planning and construction of projects that facilitate 
        intermodal connections between emerging transportation 
        technologies, such as magnetic levitation and hyperloop.
            ``(18) Protective features, including natural 
        infrastructure, to enhance the resilience of a transportation 
        facility otherwise eligible for assistance under this section.
            ``(19) Measures to protect a transportation facility 
        otherwise eligible for assistance under this section from 
        cybersecurity threats.''; and
                    (G) by adding at the end the following:
            ``(23) Rural barge landing, dock, and waterfront 
        infrastructure projects in accordance with subsection (j).
            ``(24) Projects to enhance travel and tourism.'';
            (2) in subsection (c)--
                    (A) in paragraph (2), by striking ``paragraphs (4) 
                through (11)'' and inserting ``paragraphs (5) through 
                (15) and paragraph (23)'';

[[Page 135 STAT. 463]]

                    (B) in paragraph (3), by striking ``and'' at the 
                end;
                    (C) by redesignating paragraph (4) as paragraph (5); 
                and
                    (D) by inserting after paragraph (3) the following:
            ``(4) for a bridge project for the replacement of a low 
        water crossing (as defined by the Secretary) with a bridge; 
        and'';
            (3) in subsection (d)--
                    (A) in paragraph (1)--
                          (i) in the matter preceding subparagraph (A), 
                      by striking ``reservation'' and inserting ``set 
                      aside''; and
                          (ii) in subparagraph (A)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``the percentage 
                                specified in paragraph (6) for a fiscal 
                                year'' and inserting ``55 percent for 
                                each of fiscal years 2022 through 
                                2026''; and
                                    (II) by striking clauses (ii) and 
                                (iii) and inserting the following:
                          ``(ii) in urbanized areas of the State with an 
                      urbanized area population of not less than 50,000 
                      and not more than 200,000;
                          ``(iii) in urban areas of the State with a 
                      population not less than 5,000 and not more than 
                      49,999; and
                          ``(iv) in other areas of the State with a 
                      population less than 5,000; and'';
                    (B) by striking paragraph (3) and inserting the 
                following:
            ``(3) Local consultation.--
                    ``(A) Consultation with metropolitan planning 
                organizations.--For purposes of clause (ii) of paragraph 
                (1)(A), a State shall--
                          ``(i) establish a process to consult with all 
                      metropolitan planning organizations in the State 
                      that represent an urbanized area described in that 
                      clause; and
                          ``(ii) describe how funds allocated for areas 
                      described in that clause will be allocated 
                      equitably among the applicable urbanized areas 
                      during the period of fiscal years 2022 through 
                      2026.
                    ``(B) Consultation with regional transportation 
                planning organizations.--For purposes of clauses (iii) 
                and (iv) of paragraph (1)(A), before obligating funding 
                attributed to an area with a population less than 
                50,000, a State shall consult with the regional 
                transportation planning organizations that represent the 
                area, if any.''; and
                    (C) by striking paragraph (6);
            (4) in subsection (e)(1), in the matter preceding 
        subparagraph (A), by striking ``fiscal years 2016 through 2020'' 
        and inserting ``fiscal years 2022 through 2026'';
            (5) in subsection (f)--
                    (A) in paragraph (1)--
                          (i) by inserting ``or low water crossing (as 
                      defined by the Secretary)'' after ``a highway 
                      bridge''; and
                          (ii) by inserting ``or low water crossing (as 
                      defined by the Secretary)'' after ``other than a 
                      bridge'';
                    (B) in paragraph (2)(A)--
                          (i) by striking ``activities described in 
                      subsection (b)(2) for off-system bridges'' and 
                      inserting ``activities

[[Page 135 STAT. 464]]

                      described in paragraphs (1)(A) and (10) of 
                      subsection (b) for off-system bridges, projects 
                      and activities described in subsection (b)(1)(A) 
                      for the replacement of low water crossings with 
                      bridges, and projects and activities described in 
                      subsection (b)(10) for low water crossings (as 
                      defined by the Secretary),''; and
                          (ii) by striking ``15 percent'' and inserting 
                      ``20 percent''; and
                    (C) in paragraph (3), in the matter preceding 
                subparagraph (A)--
                          (i) by striking ``bridge or rehabilitation of 
                      a bridge'' and inserting ``bridge, rehabilitation 
                      of a bridge, or replacement of a low water 
                      crossing (as defined by the Secretary) with a 
                      bridge''; and
                          (ii) <<NOTE: Determination.>>  by inserting 
                      ``or, in the case of a replacement of a low water 
                      crossing with a bridge, is determined by the 
                      Secretary on completion to have improved the 
                      safety of the location'' after ``no longer a 
                      deficient bridge'';
            (6) in subsection (g)--
                    (A) in the subsection heading, by striking ``Less 
                Than 5,000'' and inserting ``Less Than 50,000''; and
                    (B) by striking paragraph (1) and inserting the 
                following:
            ``(1) In general.--Notwithstanding subsection (c), and 
        except as provided in paragraph (2), up to 15 percent of the 
        amounts required to be obligated by a State under clauses (iii) 
        and (iv) of subsection (d)(1)(A) for each fiscal year may be 
        obligated on--
                    ``(A) roads functionally classified as rural minor 
                collectors or local roads; or
                    ``(B) on critical rural freight corridors designated 
                under section 167(e).''; and
            (7) by adding at the end the following:

    ``(j) Rural Barge Landing, Dock, and Waterfront Infrastructure 
Projects.--
            ``(1) In general.--A State may use not more than 5 percent 
        of the funds apportioned to the State under section 104(b)(2) 
        for eligible rural barge landing, dock, and waterfront 
        infrastructure projects described in paragraph (2).
            ``(2) Eligible projects.--An eligible rural barge landing, 
        dock, or waterfront infrastructure project referred to in 
        paragraph (1) is a project for the planning, designing, 
        engineering, or construction of a barge landing, dock, or other 
        waterfront infrastructure in a rural community or a Native 
        village (as defined in section 3 of the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1602)) that is off the road system.

    ``(k) Projects in Rural Areas.--
            ``(1) Set aside.--Notwithstanding subsection (c), in 
        addition to the activities described in subsections (b) and (g), 
        of the amounts apportioned to a State for each fiscal year to 
        carry out this section, not more than 15 percent may be--
                    ``(A) used on eligible projects under subsection (b) 
                or maintenance activities on roads functionally 
                classified as rural minor collectors or local roads, ice 
                roads, or seasonal roads; or
                    ``(B) transferred to--

[[Page 135 STAT. 465]]

                          ``(i) the Appalachian Highway System Program 
                      under 14501 of title 40; or
                          ``(ii) the Denali access system program under 
                      section 309 of the Denali Commission Act of 1998 
                      (42 U.S.C. 3121 note; Public Law 105-277).
            ``(2) Savings clause.--Amounts allocated under subsection 
        (d) shall not be used to carry out this subsection, except at 
        the request of the applicable metropolitan planning 
        organization.''.

    (b) Set-aside.--
            (1) In general.--Section 133(h) of title 23, United States 
        Code, is amended--
                    (A) in paragraph (1)--
                          (i) in the heading, by striking ``Reservation 
                      of funds'' and inserting ``In general''; and
                          (ii) in the matter preceding subparagraph (A), 
                      by striking ``for each fiscal year'' and all that 
                      follows through ``and'' at the end of subparagraph 
                      (A)(ii) and inserting the following: ``for fiscal 
                      year 2022 and each fiscal year thereafter--
                    ``(A) the Secretary shall set aside an amount equal 
                to 10 percent to carry out this subsection; and'';
                    (B) by striking paragraph (2) and inserting the 
                following:
            ``(2) Allocation within a state.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), funds set aside for a State under 
                paragraph (1) shall be obligated within that State in 
                the manner described in subsection (d), except that, for 
                purposes of this paragraph (after funds are made 
                available under paragraph (5))--
                          ``(i) for fiscal year 2022 and each fiscal 
                      year thereafter, the percentage referred to in 
                      paragraph (1)(A) of that subsection shall be 
                      deemed to be 59 percent; and
                          ``(ii) paragraph (3) of subsection (d) shall 
                      not apply.
                    ``(B) Local control.--A State may allocate up to 100 
                percent of the funds referred to in subparagraph (A)(i) 
                if--
                          ``(i) <<NOTE: Plan.>>  the State submits to 
                      the Secretary a plan that describes--
                                    ``(I) how funds will be allocated to 
                                counties, metropolitan planning 
                                organizations, regional transportation 
                                planning organizations as described in 
                                section 135(m), or local governments;
                                    ``(II) how the entities described in 
                                subclause (I) will carry out a 
                                competitive process to select projects 
                                for funding and report selected projects 
                                to the State;
                                    ``(III) the legal, financial, and 
                                technical capacity of the entities 
                                described in subclause (I);
                                    ``(IV) how input was gathered from 
                                the entities described in subclause (I) 
                                to ensure those entities will be able to 
                                comply with the requirements of this 
                                subsection; and
                                    ``(V) how the State will comply with 
                                paragraph (8); and

[[Page 135 STAT. 466]]

                          ``(ii) the Secretary approves the plan 
                      submitted under clause (i).'';
                    (C) by striking paragraph (3) and inserting the 
                following:
            ``(3) Eligible projects.--Funds set aside under this 
        subsection may be obligated for--
                    ``(A) projects or activities described in section 
                101(a)(29) or 213, as those provisions were in effect on 
                the day before the date of enactment of the FAST Act 
                (Public Law 114-94; 129 Stat. 1312);
                    ``(B) projects and activities under the safe routes 
                to school program under section 208; and
                    ``(C) activities in furtherance of a vulnerable road 
                user safety assessment (as defined in section 
                148(a)).'';
                    (D) in paragraph (4)--
                          (i) by striking subparagraph (A);
                          (ii) by redesignating subparagraph (B) as 
                      subparagraph (A);
                          (iii) in subparagraph (A) (as so 
                      redesignated)--
                                    (I) by redesignating clauses (vii) 
                                and (viii) as clauses (viii) and (ix), 
                                respectively;
                                    (II) by inserting after clause (vi) 
                                the following:
                          ``(vii) a metropolitan planning organization 
                      that serves an urbanized area with a population of 
                      200,000 or fewer;'';
                                    (III) in clause (viii) (as so 
                                redesignated), by striking 
                                ``responsible'' and all that follows 
                                through ``programs; and'' and inserting 
                                a semicolon;
                                    (IV) in clause (ix) (as so 
                                redesignated)--
                                            (aa) by inserting ``that 
                                        serves an urbanized area with a 
                                        population of over 200,000'' 
                                        after ``metropolitan planning 
                                        organization''; and
                                            (bb) by striking the period 
                                        at the end and inserting ``; 
                                        and''; and
                                    (V) by adding at the end the 
                                following:
                          ``(x) a State, at the request of an entity 
                      described in clauses (i) through (ix).''; and
                          (iv) by adding at the end the following:
                    ``(B) Competitive process.--A State or metropolitan 
                planning organization required to obligate funds in 
                accordance with paragraph (2) shall develop a 
                competitive process to allow eligible entities to submit 
                projects for funding that achieve the objectives of this 
                subsection.
                    ``(C) Selection.--A metropolitan planning 
                organization for an area described in subsection 
                (d)(1)(A)(i) shall select projects under the competitive 
                process described in subparagraph (B) in consultation 
                with the relevant State.
                    ``(D) Prioritization.--The competitive process 
                described in subparagraph (B) shall include 
                prioritization of project location and impact in high-
                need areas as defined by the State, such as low-income, 
                transit-dependent, rural, or other areas.'';
                    (E) in paragraph (5)(A), by striking ``reserved 
                under this section'' and inserting ``set aside under 
                this subsection'';
                    (F) in paragraph (6)--
                          (i) in subparagraph (B), by striking 
                      ``reserved'' and inserting ``set aside''; and

[[Page 135 STAT. 467]]

                          (ii) by adding at the end the following:
                    ``(C) Improving accessibility and efficiency.--
                          ``(i) In general.--A State may use an amount 
                      equal to not more than 5 percent of the funds set 
                      aside for the State under this subsection, after 
                      allocating funds in accordance with paragraph 
                      (2)(A), to improve the ability of applicants to 
                      access funding for projects under this subsection 
                      in an efficient and expeditious manner by 
                      providing--
                                    ``(I) to applicants for projects 
                                under this subsection application 
                                assistance, technical assistance, and 
                                assistance in reducing the period of 
                                time between the selection of the 
                                project and the obligation of funds for 
                                the project; and
                                    ``(II) funding for 1 or more full-
                                time State employee positions to 
                                administer this subsection.
                          ``(ii) Use of funds.--Amounts used under 
                      clause (i) may be expended--
                                    ``(I) directly by the State; or
                                    ``(II) through contracts with State 
                                agencies, private entities, or nonprofit 
                                entities.'';
                    (G) by redesignating paragraph (7) as paragraph (8);
                    (H) by inserting after paragraph (6) the following:
            ``(7) Federal share.--
                    ``(A) Required aggregate non-federal share.--The 
                average annual non-Federal share of the total cost of 
                all projects for which funds are obligated under this 
                subsection in a State for a fiscal year shall be not 
                less than the average non-Federal share of the cost of 
                the projects that would otherwise apply.
                    ``(B) Flexible financing.--Subject to subparagraph 
                (A), notwithstanding section 120--
                          ``(i) funds made available to carry out 
                      section 148 may be credited toward the non-Federal 
                      share of the costs of a project under this 
                      subsection if the project--
                                    ``(I) is an eligible project 
                                described in section 148(e)(1); and
                                    ``(II) is consistent with the State 
                                strategic highway safety plan (as 
                                defined in section 148(a));
                          ``(ii) the non-Federal share for a project 
                      under this subsection may be calculated on a 
                      project, multiple-project, or program basis; and
                          ``(iii) the Federal share of the cost of an 
                      individual project in this section may be up to 
                      100 percent.
                    ``(C) <<NOTE: Applicability. Certification.>>  
                Requirement.--Subparagraph (B) shall only apply to a 
                State if the State has adequate financial controls, as 
                certified by the Secretary, to account for the average 
                annual non-Federal share under this paragraph.''; and
                    (I) in subparagraph (A) of paragraph (8) (as so 
                redesignated)--
                          (i) in the matter preceding clause (i), by 
                      striking ``describes'' and inserting ``includes''; 
                      and
                          (ii) by striking clause (ii) and inserting the 
                      following:
                          ``(ii) a list of each project selected for 
                      funding for each fiscal year, including, for each 
                      project--

[[Page 135 STAT. 468]]

                                    ``(I) the fiscal year during which 
                                the project was selected;
                                    ``(II) the fiscal year in which the 
                                project is anticipated to be funded;
                                    ``(III) the recipient;
                                    ``(IV) the location, including the 
                                congressional district;
                                    ``(V) the type;
                                    ``(VI) the cost; and
                                    ``(VII) a brief description.''.
            (2) State transferability.--Section 126(b)(2) of title 23, 
        United States Code, is amended--
                    (A) by striking the period at the end and inserting 
                ``; and'';
                    (B) by striking ``reserved for a State under section 
                133(h) for a fiscal year may'' and inserting the 
                following: ``set aside for a State under section 133(h) 
                for a fiscal year--
                    ``(A) may''; and
                    (C) by adding at the end the following:
                    ``(B) <<NOTE: Certification.>>  may only be 
                transferred if the Secretary certifies that the State--
                          ``(i) held a competition in compliance with 
                      the guidance issued to carry out section 133(h) 
                      and provided sufficient time for applicants to 
                      apply;
                          ``(ii) offered to each eligible entity, and 
                      provided on request of an eligible entity, 
                      technical assistance; and
                          ``(iii) demonstrates that there were not 
                      sufficiently suitable applications from eligible 
                      entities to use the funds to be transferred.''.
SEC. 11110. NATIONALLY SIGNIFICANT FREIGHT AND HIGHWAY PROJECTS.

    (a) In General.--Section 117 of title 23, United States Code, is 
amended--
            (1) in the section heading, by inserting ``multimodal'' 
        before ``freight'';
            (2) in subsection (a)(2)--
                    (A) in subparagraph (A), by inserting ``in and 
                across rural and urban areas'' after ``people'';
                    (B) in subparagraph (C), by inserting ``or freight'' 
                after ``highway'';
                    (C) in subparagraph (E), by inserting ``or freight'' 
                after ``highway''; and
                    (D) in subparagraph (F), by inserting ``, including 
                highways that support movement of energy equipment'' 
                after ``security'';
            (3) in subsection (b), by adding at the end the following:
            ``(3) Grant administration.--The Secretary may--
                    ``(A) <<NOTE: Reviews.>>  retain not more than a 
                total of 2 percent of the funds made available to carry 
                out this section for the National Surface Transportation 
                and Innovative Finance Bureau to review applications for 
                grants under this section; and
                    ``(B) <<NOTE: Transfer authority.>>  transfer 
                portions of the funds retained under subparagraph (A) to 
                the relevant Administrators to fund

[[Page 135 STAT. 469]]

                the award and oversight of grants provided under this 
                section.'';
            (4) in subsection (c)(1)--
                    (A) by redesignating subparagraph (H) as 
                subparagraph (I); and
                    (B) by inserting after subparagraph (G) the 
                following:
                    ``(H) A multistate corridor organization.'';
            (5) in subsection (d)--
                    (A) in paragraph (1)(A)--
                          (i) in clause (iii)(II), by striking ``or'' at 
                      the end;
                          (ii) in clause (iv), by striking ``and'' at 
                      the end; and
                          (iii) by adding at the end the following:
                          ``(v) a wildlife crossing project;
                          ``(vi) a surface transportation infrastructure 
                      project that--
                                    ``(I) is located within the 
                                boundaries of or functionally connected 
                                to an international border crossing area 
                                in the United States;
                                    ``(II) improves a transportation 
                                facility owned by a Federal, State, or 
                                local government entity; and
                                    ``(III) increases throughput 
                                efficiency of the border crossing 
                                described in subclause (I), including--
                                            ``(aa) a project to add 
                                        lanes;
                                            ``(bb) a project to add 
                                        technology; and
                                            ``(cc) other surface 
                                        transportation improvements;
                          ``(vii) <<NOTE: Determination.>>  a project 
                      for a marine highway corridor designated by the 
                      Secretary under section 55601(c) of title 46 
                      (including an inland waterway corridor), if the 
                      Secretary determines that the project--
                                    ``(I) is functionally connected to 
                                the National Highway Freight Network; 
                                and
                                    ``(II) is likely to reduce on-road 
                                mobile source emissions; or
                          ``(viii) a highway, bridge, or freight project 
                      carried out on the National Multimodal Freight 
                      Network established under section 70103 of title 
                      49; and''; and
                    (B) in paragraph (2)(A), in the matter preceding 
                clause (i)--
                          (i) by striking ``$600,000,000'' and inserting 
                      ``30 percent''; and
                          (ii) by striking ``fiscal years 2016 through 
                      2020, in the aggregate,'' and inserting ``each of 
                      fiscal years 2022 through 2026'';
            (6) in subsection (e)--
                    (A) in paragraph (1), by striking ``10 percent'' and 
                inserting ``not less than 15 percent'';
                    (B) in paragraph (3)--
                          (i) in subparagraph (A), by striking ``and'' 
                      at the end;
                          (ii) in subparagraph (B), by striking the 
                      period at the end and inserting ``; and''; and
                          (iii) by adding at the end the following:

[[Page 135 STAT. 470]]

                    ``(C) the effect of the proposed project on safety 
                on freight corridors with significant hazards, such as 
                high winds, heavy snowfall, flooding, rockslides, 
                mudslides, wildfire, wildlife crossing onto the roadway, 
                or steep grades.''; and
                    (C) by adding at the end the following:
            ``(4) Requirement.--Of the amounts reserved under paragraph 
        (1), not less than 30 percent shall be used for projects in 
        rural areas (as defined in subsection (i)(3)).'';
            (7) in subsection (f)(2), by inserting ``(including a 
        project to replace or rehabilitate a culvert, or to reduce 
        stormwater runoff for the purpose of improving habitat for 
        aquatic species)'' after ``environmental mitigation'';
            (8) in subsection (h)--
                    (A) in paragraph (2), by striking ``and'' at the 
                end;
                    (B) in paragraph (3), by striking the period at the 
                end and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(4) enhancement of freight resilience to natural hazards 
        or disasters, including high winds, heavy snowfall, flooding, 
        rockslides, mudslides, wildfire, wildlife crossing onto the 
        roadway, or steep grades;
            ``(5) whether the project will improve the shared 
        transportation corridor of a multistate corridor organization, 
        if applicable; and
            ``(6) prioritizing projects located in States in which 
        neither the State nor an eligible entity in that State has been 
        awarded a grant under this section.'';
            (9) in subsection (i)(2), by striking ``other grants under 
        this section'' and inserting ``grants under subsection (e)'';
            (10) in subsection (j)--
                    (A) by striking the subsection designation and 
                heading and all that follows through ``The Federal 
                share'' in paragraph (1) and inserting the following:

    ``(j) Federal Assistance.--
            ``(1) Federal share.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B) or for a grant under subsection (q), 
                the Federal share'';
                    (B) in paragraph (1), by adding at the end the 
                following:
                    ``(B) Small projects.--In the case of a project 
                described in subsection (e)(1), the Federal share of the 
                cost of the project shall be 80 percent.''; and
                    (C) in paragraph (2)--
                          (i) by striking ``Federal assistance other'' 
                      and inserting ``Except for grants under subsection 
                      (q), Federal assistance other''; and
                          (ii) by striking ``except that the total 
                      Federal'' and inserting the following: ``except 
                      that--
                    ``(A) for a State with a population density of not 
                more than 80 persons per square mile of land area, based 
                on the 2010 census, the maximum share of the total 
                Federal assistance provided for a project receiving a 
                grant under this section shall be the applicable share 
                under section 120(b); and
                    ``(B) for a State not described in subparagraph (A), 
                the total Federal'';

[[Page 135 STAT. 471]]

            (11) by redesignating subsections (k) through (n) as 
        subsections (l), (m), (n), and (p), respectively;
            (12) by inserting after subsection (j) the following:

    ``(k) Efficient Use of Non-Federal Funds.--
            ``(1) <<NOTE: Grants.>>  In general.--Notwithstanding any 
        other provision of law and subject to approval by the Secretary 
        under paragraph (2)(B), in the case of any grant for a project 
        under this section, during the period beginning on the date on 
        which the grant recipient is selected and ending on the date on 
        which the grant agreement is signed--
                    ``(A) the grant recipient may obligate and expend 
                non-Federal funds with respect to the project for which 
                the grant is provided; and
                    ``(B) any non-Federal funds obligated or expended in 
                accordance with subparagraph (A) shall be credited 
                toward the non-Federal cost share for the project for 
                which the grant is provided.
            ``(2) Requirements.--
                    ``(A) Application.--In order to obligate and expend 
                non-Federal funds under paragraph (1), the grant 
                recipient shall submit to the Secretary a request to 
                obligate and expend non-Federal funds under that 
                paragraph, including--
                          ``(i) a description of the activities the 
                      grant recipient intends to fund;
                          ``(ii) a justification for advancing the 
                      activities described in clause (i), including an 
                      assessment of the effects to the project scope, 
                      schedule, and budget if the request is not 
                      approved; and
                          ``(iii) the level of risk of the activities 
                      described in clause (i).
                    ``(B) Approval.--The Secretary shall approve or 
                disapprove each request submitted under subparagraph 
                (A).
                    ``(C) Compliance with applicable requirements.--Any 
                non-Federal funds obligated or expended under paragraph 
                (1) shall comply with all applicable requirements, 
                including any requirements included in the grant 
                agreement.
            ``(3) Effect.--The obligation or expenditure of any non-
        Federal funds in accordance with this subsection shall not--
                    ``(A) affect the signing of a grant agreement or 
                other applicable grant procedures with respect to the 
                applicable grant;
                    ``(B) create an obligation on the part of the 
                Federal Government to repay any non-Federal funds if the 
                grant agreement is not signed; or
                    ``(C) affect the ability of the recipient of the 
                grant to obligate or expend non-Federal funds to meet 
                the non-Federal cost share for the project for which the 
                grant is provided after the period described in 
                paragraph (1).'';
            (13) in subsection (n) (as so redesignated), by striking 
        paragraph (1) and inserting the following:
            ``(1) <<NOTE: Reports.>>  In general.--Not later than 60 
        days before the date on which a grant is provided for a project 
        under this section, the Secretary shall submit to the Committees 
        on Commerce, Science, and Transportation and Environment and 
        Public Works of the Senate and the Committee on Transportation

[[Page 135 STAT. 472]]

        and Infrastructure of the House of Representatives a report 
        describing the proposed grant, including--
                    ``(A) <<NOTE: Evaluation.>>  an evaluation and 
                justification for the applicable project; and
                    ``(B) a description of the amount of the proposed 
                grant award.'';
            (14) by inserting after subsection (n) (as so redesignated) 
        the following:

    ``(o) <<NOTE: Deadlines.>>  Applicant Notification.--
            ``(1) In general.--Not later than 60 days after the date on 
        which a grant recipient for a project under this section is 
        selected, the Secretary shall provide to each eligible applicant 
        not selected for that grant a written notification that the 
        eligible applicant was not selected.
            ``(2) Inclusion.--A written notification under paragraph (1) 
        shall include an offer for a written or telephonic debrief by 
        the Secretary that will provide--
                    ``(A) detail on the evaluation of the application of 
                the eligible applicant; and
                    ``(B) an explanation of and guidance on the reasons 
                the application was not selected for a grant under this 
                section.
            ``(3) Response.--
                    ``(A) In general.--Not later than 30 days after the 
                eligible applicant receives a written notification under 
                paragraph (1), if the eligible applicant opts to receive 
                a debrief described in paragraph (2), the eligible 
                applicant shall notify the Secretary that the eligible 
                applicant is requesting a debrief.
                    ``(B) Debrief.--If the eligible applicant submits a 
                request for a debrief under subparagraph (A), the 
                Secretary shall provide the debrief by not later than 60 
                days after the date on which the Secretary receives the 
                request for a debrief.''; and
            (15) by striking subsection (p) (as so redesignated) and 
        inserting the following:

    ``(p) Reports.--
            ``(1) Annual report.--
                    ``(A) <<NOTE: Criteria.>>  In general.--
                Notwithstanding any other provision of law, not later 
                than 30 days after the date on which the Secretary 
                selects a project for funding under this section, the 
                Secretary shall submit to the Committee on Environment 
                and Public Works of the Senate and the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives a report that describes the reasons for 
                selecting the project, based on any criteria established 
                by the Secretary in accordance with this section.
                    ``(B) Inclusions.--The report submitted under 
                subparagraph (A) shall specify each criterion 
                established by the Secretary that the project meets.
                    ``(C) <<NOTE: Web posting.>>  Availability.--The 
                Secretary shall make available on the website of the 
                Department of Transportation the report submitted under 
                subparagraph (A).
                    ``(D) Applicability.--This paragraph applies to all 
                projects described in subparagraph (A) that the 
                Secretary selects on or after October 1, 2021.
            ``(2) Comptroller general.--

[[Page 135 STAT. 473]]

                    ``(A) Assessment.--The Comptroller General of the 
                United States shall conduct an assessment of the 
                establishment, solicitation, selection, and 
                justification process with respect to the funding of 
                projects under this section.
                    ``(B) Report.--Not later than 1 year after the date 
                of enactment of the Surface Transportation 
                Reauthorization Act of 2021 and annually thereafter, the 
                Comptroller General of the United States shall submit to 
                the Committee on Environment and Public Works of the 
                Senate and the Committee on Transportation and 
                Infrastructure of the House of Representatives a report 
                that describes, for each project selected to receive 
                funding under this section--
                          ``(i) the process by which each project was 
                      selected;
                          ``(ii) the factors that went into the 
                      selection of each project; and
                          ``(iii) the justification for the selection of 
                      each project based on any criteria established by 
                      the Secretary in accordance with this section.
            ``(3) <<NOTE: Deadline.>>  Inspector general.--Not later 
        than 1 year after the date of enactment of the Surface 
        Transportation Reauthorization Act of 2021 and annually 
        thereafter, the Inspector General of the Department of 
        Transportation shall--
                    ``(A) <<NOTE: Assessment.>>  conduct an assessment 
                of the establishment, solicitation, selection, and 
                justification process with respect to the funding of 
                projects under this section; and
                    ``(B) <<NOTE: Reports.>>  submit to the Committee on 
                Environment and Public Works of the Senate and the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives a final report that describes 
                the findings of the Inspector General of the Department 
                of Transportation with respect to the assessment 
                conducted under subparagraph (A).

    ``(q) <<NOTE: Grants.>>  State Incentives Pilot Program.--
            ``(1) Establishment.--There is established a pilot program 
        to award grants to eligible applicants for projects eligible for 
        grants under this section (referred to in this subsection as the 
        `pilot program').
            ``(2) Priority.--In awarding grants under the pilot program, 
        the Secretary shall give priority to an application that offers 
        a greater non-Federal share of the cost of a project relative to 
        other applications under the pilot program.
            ``(3) Federal share.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, the Federal share of the cost of a 
                project assisted with a grant under the pilot program 
                may not exceed 50 percent.
                    ``(B) No federal involvement.--
                          ``(i) In general.--For grants awarded under 
                      the pilot program, except as provided in clause 
                      (ii), an eligible applicant may not use Federal 
                      assistance to satisfy the non-Federal share of the 
                      cost under subparagraph (A).
                          ``(ii) Exception.--An eligible applicant may 
                      use funds from a secured loan (as defined in 
                      section 601(a)) to satisfy the non-Federal share 
                      of the cost under subparagraph (A) if the loan is 
                      repayable from non-Federal funds.

[[Page 135 STAT. 474]]

            ``(4) Reservation.--
                    ``(A) In general.--Of the amounts made available to 
                provide grants under this section, the Secretary shall 
                reserve for each fiscal year $150,000,000 to provide 
                grants under the pilot program.
                    ``(B) Unutilized amounts.--In any fiscal year during 
                which applications under this subsection are 
                insufficient to effect an award or allocation of the 
                entire amount reserved under subparagraph (A), the 
                Secretary shall use the unutilized amounts to provide 
                other grants under this section.
            ``(5) <<NOTE: Applicability.>>  Set-asides.--
                    ``(A) Small projects.--
                          ``(i) In general.--Of the amounts reserved 
                      under paragraph (4)(A), the Secretary shall 
                      reserve for each fiscal year not less than 10 
                      percent for projects eligible for a grant under 
                      subsection (e).
                          ``(ii) Requirement.--For a grant awarded from 
                      the amount reserved under clause (i)--
                                    ``(I) the requirements of subsection 
                                (e) shall apply; and
                                    ``(II) the requirements of 
                                subsection (g) shall not apply.
                    ``(B) Rural projects.--
                          ``(i) In general.--Of the amounts reserved 
                      under paragraph (4)(A), the Secretary shall 
                      reserve for each fiscal year not less than 25 
                      percent for projects eligible for a grant under 
                      subsection (i).
                          ``(ii) Requirement.--For a grant awarded from 
                      the amount reserved under clause (i), the 
                      requirements of subsection (i) shall apply.
            ``(6) Report to congress.--Not later than 2 years after the 
        date of enactment of this subsection, the Secretary shall submit 
        to the Committee on Environment and Public Works and the 
        Committee on Commerce, Science, and Transportation of the Senate 
        and the Committee on Transportation and Infrastructure of the 
        House of Representatives a report that describes the 
        administration of the pilot program, including--
                    ``(A) the number, types, and locations of eligible 
                applicants that have applied for grants under the pilot 
                program;
                    ``(B) the number, types, and locations of grant 
                recipients under the pilot program;
                    ``(C) <<NOTE: Assessment.>>  an assessment of 
                whether implementation of the pilot program has 
                incentivized eligible applicants to offer a greater non-
                Federal share for grants under the pilot program; and
                    ``(D) <<NOTE: Recommenda- tions.>>  any 
                recommendations for modifications to the pilot program.

    ``(r) Multistate Corridor Organization Defined.--For purposes of 
this section, the term `multistate corridor organization' means an 
organization of a group of States developed through cooperative 
agreements, coalitions, or other arrangements to promote regional 
cooperation, planning, and shared project implementation for programs 
and projects to improve transportation system management and operations 
for a shared transportation corridor.

[[Page 135 STAT. 475]]

    ``(s) Additional Authorization of Appropriations.--In addition to 
amounts made available from the Highway Trust Fund, there are authorized 
to be appropriated to carry out this section, to remain available for a 
period of 3 fiscal years following the fiscal year for which the amounts 
are appropriated--
            ``(1) $1,000,000,000 for fiscal year 2022;
            ``(2) $1,100,000,000 for fiscal year 2023;
            ``(3) $1,200,000,000 for fiscal year 2024;
            ``(4) $1,300,000,000 for fiscal year 2025; and
            ``(5) $1,400,000,000 for fiscal year 2026.''.

    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, <<NOTE: 23 USC 101 prec.>>  is amended by striking 
the item relating to section 117 and inserting the following:

``117. Nationally significant multimodal freight and highway 
           projects.''.

    (c) <<NOTE: 23 USC 117 note.>>  Efficient Use of Non-Federal 
Funds.--
            (1) <<NOTE: Grants. Applicability.>>  In general.--
        Notwithstanding any other provision of law, in the case of a 
        grant described in paragraph (2), section 117(k) of title 23, 
        United States Code, shall apply to the grant as if the grant was 
        a grant provided under that section.
            (2) Grant described.--A grant referred to in paragraph (1) 
        is a grant that is--
                    (A) provided under a competitive discretionary grant 
                program administered by the Federal Highway 
                Administration;
                    (B) for a project eligible under title 23, United 
                States Code; and
                    (C) in an amount greater than $5,000,000.
SEC. 11111. HIGHWAY SAFETY IMPROVEMENT PROGRAM.

    (a) In General.--Section 148 of title 23, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (4)(B)--
                          (i) in clause (i), by inserting ``that 
                      provides for the safety of all road users, as 
                      appropriate, including a multimodal roundabout'' 
                      after ``improvement'';
                          (ii) in clause (vi), by inserting ``or a grade 
                      separation project'' after ``devices'';
                          (iii) by striking clause (viii) and inserting 
                      the following:
                          ``(viii) Construction or installation of 
                      features, measures, and road designs to calm 
                      traffic and reduce vehicle speeds.'';
                          (iv) by striking clause (xxvi) and inserting 
                      the following:
                          ``(xxvi) Installation or upgrades of traffic 
                      control devices for pedestrians and bicyclists, 
                      including pedestrian hybrid beacons and the 
                      addition of bicycle movement phases to traffic 
                      signals.''; and
                          (v) by striking clauses (xxvii) and (xxviii) 
                      and inserting the following:
                          ``(xxvii) Roadway improvements that provide 
                      separation between pedestrians and motor vehicles 
                      or between bicyclists and motor vehicles, 
                      including medians, pedestrian crossing islands, 
                      protected bike lanes, and protected intersection 
                      features.

[[Page 135 STAT. 476]]

                          ``(xxviii) A pedestrian security feature 
                      designed to slow or stop a motor vehicle.
                          ``(xxix) A physical infrastructure safety 
                      project not described in clauses (i) through 
                      (xxviii).'';
                    (B) by redesignating paragraphs (9) through (12) as 
                paragraphs (10), (12), (13), and (14), respectively;
                    (C) by inserting after paragraph (8) the following:
            ``(9) <<NOTE: Definition.>>  Safe system approach.--The term 
        `safe system approach' means a roadway design--
                    ``(A) that emphasizes minimizing the risk of injury 
                or fatality to road users; and
                    ``(B) that--
                          ``(i) takes into consideration the possibility 
                      and likelihood of human error;
                          ``(ii) accommodates human injury tolerance by 
                      taking into consideration likely accident types, 
                      resulting impact forces, and the ability of the 
                      human body to withstand impact forces; and
                          ``(iii) takes into consideration vulnerable 
                      road users.'';
                    (D) by inserting after paragraph (10) (as so 
                redesignated) the following:
            ``(11) Specified safety project.--
                    ``(A) <<NOTE: Definition.>>  In general.--The term 
                `specified safety project' means a project carried out 
                for the purpose of safety under any other section of 
                this title that is consistent with the State strategic 
                highway safety plan.
                    ``(B) Inclusion.--The term `specified safety 
                project' includes a project that--
                          ``(i) promotes public awareness and informs 
                      the public regarding highway safety matters 
                      (including safety for motorcyclists, bicyclists, 
                      pedestrians, individuals with disabilities, and 
                      other road users);
                          ``(ii) facilitates enforcement of traffic 
                      safety laws;
                          ``(iii) provides infrastructure and 
                      infrastructure-related equipment to support 
                      emergency services;
                          ``(iv) conducts safety-related research to 
                      evaluate experimental safety countermeasures or 
                      equipment; or
                          ``(v) supports safe routes to school 
                      noninfrastructure-related activities described in 
                      section 208(g)(2).'';
                    (E) in paragraph (13) (as so redesignated)--
                          (i) by redesignating subparagraphs (G), (H), 
                      and (I) as subparagraphs (H), (I), and (J), 
                      respectively; and
                          (ii) by inserting after subparagraph (F) the 
                      following;
                    ``(G) includes a vulnerable road user safety 
                assessment;''; and
                    (F) <<NOTE: Definitions.>>  by adding at the end the 
                following:
            ``(15) Vulnerable road user.--The term `vulnerable road 
        user' means a nonmotorist--
                    ``(A) with a fatality analysis reporting system 
                person attribute code that is included in the definition 
                of the term `number of non-motorized fatalities' in 
                section 490.205 of title 23, Code of Federal Regulations 
                (or successor regulations); or

[[Page 135 STAT. 477]]

                    ``(B) described in the term `number of non-motorized 
                serious injuries' in that section.
            ``(16) Vulnerable road user safety assessment.--The term 
        `vulnerable road user safety assessment' means an assessment of 
        the safety performance of the State with respect to vulnerable 
        road users and the plan of the State to improve the safety of 
        vulnerable road users as described in subsection (l).'';
            (2) in subsection (c)--
                    (A) in paragraph (1)(A), by striking ``subsections 
                (a)(11)'' and inserting ``subsections (a)(13)''; and
                    (B) in paragraph (2)--
                          (i) in subparagraph (A)(vi), by inserting 
                      ``and to differentiate the safety data for 
                      vulnerable road users, including bicyclists, 
                      motorcyclists, and pedestrians, from other road 
                      users'' after ``crashes'';
                          (ii) in subparagraph (B)(i), by striking 
                      ``(including motorcyclists), bicyclists, 
                      pedestrians,'' and inserting ``, vulnerable road 
                      users (including motorcyclists, bicyclists, 
                      pedestrians),''; and
                          (iii) in subparagraph (D)--
                                    (I) in clause (iv), by striking 
                                ``and'' at the end;
                                    (II) in clause (v), by striking the 
                                semicolon at the end and inserting ``; 
                                and''; and
                                    (III) by adding at the end the 
                                following:
                          ``(vi) improves the ability of the State to 
                      differentiate the fatalities and serious injuries 
                      of vulnerable road users, including bicyclists, 
                      motorcyclists, and pedestrians, from other road 
                      users;'';
            (3) in subsection (d)(2)(B)(i), by striking ``subsection 
        (a)(11)'' and inserting ``subsection (a)(13)'';
            (4) in subsection (e), by adding at the end the following:
            ``(3) Flexible funding for specified safety projects.--
                    ``(A) In general.--To advance the implementation of 
                a State strategic highway safety plan, a State may use 
                not more than 10 percent of the amounts apportioned to 
                the State under section 104(b)(3) for a fiscal year to 
                carry out specified safety projects.
                    ``(B) Rule of construction.--Nothing in this 
                paragraph requires a State to revise any State process, 
                plan, or program in effect on the date of enactment of 
                this paragraph.
                    ``(C) Effect of paragraph.--
                          ``(i) Requirements.--A project carried out 
                      under this paragraph shall be subject to all 
                      requirements under this section that apply to a 
                      highway safety improvement project.
                          ``(ii) Other apportioned programs.--Nothing in 
                      this paragraph prohibits the use of funds made 
                      available under other provisions of this title for 
                      a specified safety project that is a 
                      noninfrastructure project.'';
            (5) in subsection (g), by adding at the end the following:
            ``(3) <<NOTE: Requirement.>>  Vulnerable road user safety.--
        If the total annual fatalities of vulnerable road users in a 
        State represents not less than 15 percent of the total annual 
        crash fatalities in the State, that State shall be required to 
        obligate not less than 15 percent of the amounts apportioned to 
        the State under

[[Page 135 STAT. 478]]

        section 104(b)(3) for the following fiscal year for highway 
        safety improvement projects to address the safety of vulnerable 
        road users.''; and
            (6) by adding at the end the following:

    ``(l) Vulnerable Road User Safety Assessment.--
            ``(1) <<NOTE: Deadline.>>  In general.--Not later than 2 
        years after the date of enactment of this subsection, each State 
        shall complete a vulnerable road user safety assessment.
            ``(2) Contents.--A vulnerable road user safety assessment 
        under paragraph (1) shall include--
                    ``(A) <<NOTE: Analysis. Data.>>  a quantitative 
                analysis of vulnerable road user fatalities and serious 
                injuries that--
                          ``(i) includes data such as location, roadway 
                      functional classification, design speed, speed 
                      limit, and time of day;
                          ``(ii) considers the demographics of the 
                      locations of fatalities and serious injuries, 
                      including race, ethnicity, income, and age; and
                          ``(iii) based on the data, identifies areas as 
                      `high-risk' to vulnerable road users; and
                    ``(B) <<NOTE: Strategies.>>  a program of projects 
                or strategies to reduce safety risks to vulnerable road 
                users in areas identified as high-risk under 
                subparagraph (A)(iii).
            ``(3) Use of data.--In carrying out a vulnerable road user 
        safety assessment under paragraph (1), a State shall use data 
        from the most recent 5-year period for which data is available.
            ``(4) Requirements.--In carrying out a vulnerable road user 
        safety assessment under paragraph (1), a State shall--
                    ``(A) take into consideration a safe system 
                approach; and
                    ``(B) <<NOTE: Consultation.>>  consult with local 
                governments, metropolitan planning organizations, and 
                regional transportation planning organizations that 
                represent a high-risk area identified under paragraph 
                (2)(A)(iii).
            ``(5) Update.--A State shall update the vulnerable road user 
        safety assessment of the State in accordance with the updates 
        required to the State strategic highway safety plan under 
        subsection (d).
            ``(6) Requirement for transportation system access.--The 
        program of projects developed under paragraph (2)(B) may not 
        degrade transportation system access for vulnerable road users.
            ``(7) Guidance.--
                    ``(A) <<NOTE: Deadline.>>  In general.--Not later 
                than 1 year after the date of enactment of this 
                subsection, the Secretary shall develop guidance for 
                States to carry out this subsection.
                    ``(B) Consultation.--In developing the guidance 
                under this paragraph, the Secretary shall consult with 
                the States and relevant safety stakeholders.''.

    (b) <<NOTE: Deadlines. Updates. 23 USC 148 note.>>  High-risk Rural 
Roads.--
            (1) Study.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall update the study 
        under section 1112(b)(1) of MAP-21 (23 U.S.C. 148 note; Public 
        Law 112-141).
            (2) <<NOTE: Web posting.>>  Publication of report.--Not 
        later than 2 years after the date of enactment of this Act, the 
        Secretary shall publish on the website of the Department of 
        Transportation an update

[[Page 135 STAT. 479]]

        to the report described in section 1112(b)(2) of MAP-21 (23 
        U.S.C. 148 note; Public Law 112-141).
            (3) Best practices manual.--Not later than 180 days after 
        the date on which the report is published under paragraph (2), 
        the Secretary shall update the best practices manual described 
        in section 1112(b)(3) of MAP-21 (23 U.S.C. 148 note; Public Law 
        112-141).
SEC. 11112. FEDERAL LANDS TRANSPORTATION PROGRAM.

    Section 203(a) of title 23, United States Code, is amended--
            (1) in paragraph (1)(D), by striking ``$10,000,000'' and 
        inserting ``$20,000,000''; and
            (2) by adding at the end the following:
            ``(6) Native plant materials.--In carrying out an activity 
        described in paragraph (1), the entity carrying out the activity 
        shall consider, to the maximum extent practicable--
                    ``(A) the use of locally adapted native plant 
                materials; and
                    ``(B) designs that minimize runoff and heat 
                generation.''.
SEC. 11113. FEDERAL LANDS ACCESS PROGRAM.

    (a) Federal Share.--Section 201 of title 23, United States Code, is 
amended--
            (1) in subsection (b)(7)(B), by striking ``determined in 
        accordance with section 120'', and inserting ``be up to 100 
        percent''; and
            (2) in subsection (c)(8)(A), by striking ``5 percent'' and 
        inserting ``20 percent''.

    (b) Federal Lands Access Program.--Section 204(a) of title 23, 
United States Code, is amended--
            (1) in paragraph (1)(A)--
                    (A) in the matter preceding clause (i), by inserting 
                ``context-sensitive solutions,'' after ``restoration,'';
                    (B) in clause (i), by inserting ``, including 
                interpretive panels in or adjacent to those areas'' 
                after ``areas'';
                    (C) in clause (v), by striking ``and'' at the end;
                    (D) by redesignating clause (vi) as clause (ix); and
                    (E) by inserting after clause (v) the following:
                          ``(vi) contextual wayfinding markers;
                          ``(vii) landscaping;
                          ``(viii) cooperative mitigation of visual 
                      blight, including screening or removal; and''; and
            (2) by adding at the end the following:
            ``(6) Native plant materials.--In carrying out an activity 
        described in paragraph (1), the Secretary shall ensure that the 
        entity carrying out the activity considers, to the maximum 
        extent practicable--
                    ``(A) the use of locally adapted native plant 
                materials; and
                    ``(B) designs that minimize runoff and heat 
                generation.''.
SEC. 11114. NATIONAL HIGHWAY FREIGHT PROGRAM.

    Section 167 of title 23, United States Code, is amended--
            (1) in subsection (e)--
                    (A) in paragraph (2), by striking ``150 miles'' and 
                inserting ``300 miles''; and

[[Page 135 STAT. 480]]

                    (B) by adding at the end the following:
            ``(3) Rural states.--Notwithstanding paragraph (2), a State 
        with a population per square mile of area that is less than the 
        national average, based on the 2010 census, may designate as 
        critical rural freight corridors a maximum of 600 miles of 
        highway or 25 percent of the primary highway freight system 
        mileage in the State, whichever is greater.'';
            (2) in subsection (f)(4), by striking ``75 miles'' and 
        inserting ``150 miles''; and
            (3) in subsection (i)(5)(B)--
                    (A) in the matter preceding clause (i), by striking 
                ``10 percent'' and inserting ``30 percent'';
                    (B) in clause (i), by striking ``and'' at the end;
                    (C) in clause (ii), by striking the period at the 
                end and inserting a semicolon; and
                    (D) <<NOTE: Determinations.>>  by adding at the end 
                the following:
                          ``(iii) for the modernization or 
                      rehabilitation of a lock and dam, if the Secretary 
                      determines that the project--
                                    ``(I) is functionally connected to 
                                the National Highway Freight Network; 
                                and
                                    ``(II) is likely to reduce on-road 
                                mobile source emissions; and
                          ``(iv) on a marine highway corridor, 
                      connector, or crossing designated by the Secretary 
                      under section 55601(c) of title 46 (including an 
                      inland waterway corridor, connector, or crossing), 
                      if the Secretary determines that the project--
                                    ``(I) is functionally connected to 
                                the National Highway Freight Network; 
                                and
                                    ``(II) is likely to reduce on-road 
                                mobile source emissions.''.
SEC. 11115. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT 
                            PROGRAM.

    Section 149 of title 23, United States Code, is amended--
            (1) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``subsection (d)'' and inserting ``subsections 
                (d) and (m)(1)(B)(ii)''
                    (B) in paragraph (7), by inserting ``shared 
                micromobility (including bikesharing and shared scooter 
                systems),'' after ``carsharing,'';
                    (C) in paragraph (8)--
                          (i) in subparagraph (A)--
                                    (I) in the matter preceding clause 
                                (i), by inserting ``replacements or'' 
                                before ``retrofits'';
                                    (II) by striking clause (i) and 
                                inserting the following:
                          ``(i) verified technologies (as defined in 
                      section 791 of the Energy Policy Act of 2005 (42 
                      U.S.C. 16131)) for motor vehicles (as defined in 
                      section 216 of the Clean Air Act (42 U.S.C. 
                      7550)); or''; and
                                    (III) in clause (ii)(II), by 
                                striking ``or'' at the end; and
                          (ii) in subparagraph (B), by inserting 
                      ``replacements or'' before ``retrofits''; and

[[Page 135 STAT. 481]]

                          (iii) by adding at the end the following:
                    ``(C) the purchase of medium- or heavy-duty zero 
                emission vehicles and related charging equipment;'';
                    (D) in paragraph (9), by striking the period at the 
                end and inserting a semicolon; and
                    (E) <<NOTE: Determinations.>>  by adding at the end 
                the following:
            ``(10) if the project is for the modernization or 
        rehabilitation of a lock and dam that--
                    ``(A) is functionally connected to the Federal-aid 
                highway system; and
                    ``(B) the Secretary determines is likely to 
                contribute to the attainment or maintenance of a 
                national ambient air quality standard; or
            ``(11) if the project is on a marine highway corridor, 
        connector, or crossing designated by the Secretary under section 
        55601(c) of title 46 (including an inland waterway corridor, 
        connector, or crossing) that--
                    ``(A) is functionally connected to the Federal-aid 
                highway system; and
                    ``(B) the Secretary determines is likely to 
                contribute to the attainment or maintenance of a 
                national ambient air quality standard.'';
            (2) in subsection (c), by adding at the end the following:
            ``(4) Locks and dams; marine highways.--For each fiscal 
        year, a State may not obligate more than 10 percent of the funds 
        apportioned to the State under section 104(b)(4) for projects 
        described in paragraphs (10) and (11) of subsection (b).'';
            (3) in subsection (f)(4)(A), by inserting ``and nonroad 
        vehicles and nonroad engines used in construction projects or 
        port-related freight operations'' after ``motor vehicles'';
            (4) in subsection (g)--
                    (A) in paragraph (1)(B)--
                          (i) in the subparagraph heading, by inserting 
                      ``replacement or'' before ``retrofit'';
                          (ii) by striking ``The term `diesel retrofit' 
                      '' and inserting ``The term `diesel replacement or 
                      retrofit' ''; and
                          (iii) by inserting ``or retrofit'' after 
                      ``replacement'';
                    (B) in paragraph (2), in the matter preceding 
                subparagraph (A), by inserting ``replacement or'' before 
                ``retrofit''; and
                    (C) in paragraph (3), by inserting ``replacements 
                or'' before ``retrofits'';
            (5) in subsection (k)(1), by striking ``that reduce such 
        fine particulate matter emissions in such area, including diesel 
        retrofits.'' and inserting ``that--
                    ``(A) reduce such fine particulate matter emissions 
                in such area, including diesel replacements or 
                retrofits; and
                    ``(B) to the extent practicable, prioritize benefits 
                to disadvantaged communities or low-income populations 
                living in, or immediately adjacent to, such area.'';
            (6) in subsection (l), by adding at the following:
            ``(3) Assistance to metropolitan planning organizations.--

[[Page 135 STAT. 482]]

                    ``(A) In general.--On the request of a metropolitan 
                planning organization, the Secretary may assist the 
                metropolitan planning organization tracking progress 
                made in minority or low-income populations as part of a 
                performance plan under this subsection.
                    ``(B) Savings provision.--Nothing in this paragraph 
                provides the Secretary the authority--
                          ``(i) to change the performance measures under 
                      section 150(c)(5) or the performance targets 
                      established under section 134(h)(2) or 150(d); or
                          ``(ii) to establish any other Federal 
                      requirement.''; and
            (7) by striking subsection (m) and inserting the following:

    ``(m) Operating Assistance.--
            ``(1) In general.--A State may obligate funds apportioned 
        under section 104(b)(4) in an area of the State that is 
        otherwise eligible for obligations of such funds for operating 
        costs--
                    ``(A) under chapter 53 of title 49; or
                    ``(B) on--
                          ``(i) a system for which CMAQ funding was 
                      eligible, made available, obligated, or expended 
                      in fiscal year 2012; or
                          ``(ii) a State-supported Amtrak route with a 
                      valid cost-sharing agreement under section 209 of 
                      the Passenger Rail Investment and Improvement Act 
                      of 2008 (49 U.S.C. 24101 note; Public Law 110-432) 
                      and no current nonattainment areas under 
                      subsection (d).
            ``(2) No time limitation.--Operating assistance provided 
        under paragraph (1) shall have no imposed time limitation if the 
        operating assistance is for--
                    ``(A) a route described in subparagraph (B) of that 
                paragraph; or
                    ``(B) a transit system that is located in--
                          ``(i) a non-urbanized area; or
                          ``(ii) an urbanized area with a population of 
                      200,000 or fewer.''.
SEC. 11116. ALASKA HIGHWAY.

    Section 218 of title 23, United States Code, is amended to read as 
follows:
``Sec. 218. <<NOTE: Canada.>>  Alaska Highway

    ``(a) Recognizing the benefits that will accrue to the State of 
Alaska and to the United States from the reconstruction of the Alaska 
Highway from the Alaskan border at Beaver Creek, Yukon Territory, to 
Haines Junction in Canada and the Haines Cutoff Highway from Haines 
Junction in Canada to Haines, Alaska, the Secretary may provide for the 
necessary reconstruction of the highway using funds awarded through an 
applicable competitive grant program, if the highway meets all 
applicable eligibility requirements for the program, except for the 
specific requirements established by the agreement for the Alaska 
Highway Project between the Government of the United States and the 
Government of Canada. In addition to the funds described in the previous 
sentence, notwithstanding any other provision of law and on agreement 
with the State of Alaska, the Secretary is authorized to expend on such 
highway or the Alaska Marine Highway System

[[Page 135 STAT. 483]]

any Federal-aid highway funds apportioned to the State of Alaska under 
this title at a Federal share of 100 per centum. No expenditures shall 
be made for the construction of the portion of such highways that are in 
Canada unless an agreement is in place between the Government of Canada 
and the Government of the United States (including an agreement in 
existence on the date of enactment of the Surface Transportation 
Reauthorization Act of 2021) that provides, in part, that the Canadian 
Government--
            ``(1) will provide, without participation of funds 
        authorized under this title, all necessary right-of-way for the 
        reconstruction of such highways;
            ``(2) will not impose any highway toll, or permit any such 
        toll to be charged for the use of such highways by vehicles or 
        persons;
            ``(3) will not levy or assess, directly or indirectly, any 
        fee, tax, or other charge for the use of such highways by 
        vehicles or persons from the United States that does not apply 
        equally to vehicles or persons of Canada;
            ``(4) will continue to grant reciprocal recognition of 
        vehicle registration and driver's licenses in accordance with 
        agreements between the United States and Canada; and
            ``(5) will maintain such highways after their completion in 
        proper condition adequately to serve the needs of present and 
        future traffic.

    ``(b) The survey and construction work undertaken in Canada pursuant 
to this section shall be under the general supervision of the Secretary.
    ``(c) <<NOTE: Definition.>>  For purposes of this section, the term 
`Alaska Marine Highway System' includes all existing or planned 
transportation facilities and equipment in Alaska, including the lease, 
purchase, or construction of vessels, terminals, docks, floats, ramps, 
staging areas, parking lots, bridges and approaches thereto, and 
necessary roads.

    ``(d) Notwithstanding any other provision of law, a project assisted 
under this section in the State of Alaska shall be treated as a project 
on a Federal-aid highway under chapter 1.''.
SEC. 11117. TOLL ROADS, BRIDGES, TUNNELS, AND FERRIES.

    (a) In General.--Section 129(c) of title 23, United States Code, is 
amended in the matter preceding paragraph (1) by striking ``the 
construction of ferry boats and ferry terminal facilities, whether toll 
or free,'' and inserting ``the construction of ferry boats and ferry 
terminal facilities (including ferry maintenance facilities), whether 
toll or free, and the procurement of transit vehicles used exclusively 
as an integral part of an intermodal ferry trip,''.
    (b) <<NOTE: 23 USC 147 note.>>  Diesel Fuel Ferry Vessels.--
            (1) <<NOTE: Determination.>>  In general.--Notwithstanding 
        section 147(b), in the case of a project to replace or retrofit 
        a diesel fuel ferry vessel that provides substantial emissions 
        reductions, the Federal share of the cost of the project may be 
        up to 85 percent, as determined by the State.
            (2) Sunset.--The authority provided by paragraph (1) shall 
        terminate on September 30, 2025.
SEC. 11118. BRIDGE INVESTMENT PROGRAM.

    (a) In General.--Chapter 1 of title 23, United States Code, is 
amended by inserting after section 123 the following:

[[Page 135 STAT. 484]]

``Sec. 124. <<NOTE: Grants. 23 USC 124.>>  Bridge investment 
                program

    ``(a) Definitions.--In this section:
            ``(1) Eligible project.--
                    ``(A) In general.--The term `eligible project' means 
                a project to replace, rehabilitate, preserve, or protect 
                1 or more bridges on the National Bridge Inventory under 
                section 144(b).
                    ``(B) Inclusions.--The term `eligible project' 
                includes--
                          ``(i) a bundle of projects described in 
                      subparagraph (A), regardless of whether the bundle 
                      of projects meets the requirements of section 
                      144(j)(5); and
                          ``(ii) a project to replace or rehabilitate 
                      culverts for the purpose of improving flood 
                      control and improved habitat connectivity for 
                      aquatic species.
            ``(2) Large project.--The term `large project' means an 
        eligible project with total eligible project costs of greater 
        than $100,000,000.
            ``(3) Program.--The term `program' means the bridge 
        investment program established by subsection (b)(1).

    ``(b) Establishment of Bridge Investment Program.--
            ``(1) In general.--There is established a bridge investment 
        program to provide financial assistance for eligible projects 
        under this section.
            ``(2) Goals.--The goals of the program shall be--
                    ``(A) to improve the safety, efficiency, and 
                reliability of the movement of people and freight over 
                bridges;
                    ``(B) to improve the condition of bridges in the 
                United States by reducing--
                          ``(i) the number of bridges--
                                    ``(I) in poor condition; or
                                    ``(II) in fair condition and at risk 
                                of falling into poor condition within 
                                the next 3 years;
                          ``(ii) the total person miles traveled over 
                      bridges--
                                    ``(I) in poor condition; or
                                    ``(II) in fair condition and at risk 
                                of falling into poor condition within 
                                the next 3 years;
                          ``(iii) the number of bridges that--
                                    ``(I) do not meet current geometric 
                                design standards; or
                                    ``(II) cannot meet the load and 
                                traffic requirements typical of the 
                                regional transportation network; and
                          ``(iv) the total person miles traveled over 
                      bridges that--
                                    ``(I) do not meet current geometric 
                                design standards; or
                                    ``(II) cannot meet the load and 
                                traffic requirements typical of the 
                                regional transportation network; and
                    ``(C) to provide financial assistance that leverages 
                and encourages non-Federal contributions from sponsors 
                and stakeholders involved in the planning, design, and 
                construction of eligible projects.

    ``(c) Grant Authority.--
            ``(1) In general.--In carrying out the program, the 
        Secretary may award grants, on a competitive basis, in 
        accordance with this section.

[[Page 135 STAT. 485]]

            ``(2) Grant amounts.--Except as otherwise provided, a grant 
        under the program shall be--
                    ``(A) in the case of a large project, in an amount 
                that is--
                          ``(i) adequate to fully fund the project (in 
                      combination with other financial resources 
                      identified in the application); and
                          ``(ii) not less than $50,000,000; and
                    ``(B) in the case of any other eligible project, in 
                an amount that is--
                          ``(i) adequate to fully fund the project (in 
                      combination with other financial resources 
                      identified in the application); and
                          ``(ii) not less than $2,500,000.
            ``(3) Maximum amount.--Except as otherwise provided, for an 
        eligible project receiving assistance under the program, the 
        amount of assistance provided by the Secretary under this 
        section, as a share of eligible project costs, shall be--
                    ``(A) in the case of a large project, not more than 
                50 percent; and
                    ``(B) in the case of any other eligible project, not 
                more than 80 percent.
            ``(4) Federal share.--
                    ``(A) Maximum federal involvement.--Federal 
                assistance other than a grant under the program may be 
                used to satisfy the non-Federal share of the cost of a 
                project for which a grant is made, except that the total 
                Federal assistance provided for a project receiving a 
                grant under the program may not exceed the Federal share 
                for the project under section 120.
                    ``(B) Off-system bridges.--In the case of an 
                eligible project for an off-system bridge (as defined in 
                section 133(f)(1))--
                          ``(i) Federal assistance other than a grant 
                      under the program may be used to satisfy the non-
                      Federal share of the cost of a project; and
                          ``(ii) notwithstanding subparagraph (A), the 
                      total Federal assistance provided for the project 
                      shall not exceed 90 percent of the total eligible 
                      project costs.
                    ``(C) Federal land management agencies and tribal 
                governments.--Notwithstanding any other provision of 
                law, Federal funds other than Federal funds made 
                available under this section may be used to pay the 
                remaining share of the cost of a project under the 
                program by a Federal land management agency or a Tribal 
                government or consortium of Tribal governments.
            ``(5) Considerations.--
                    ``(A) In general.--In awarding grants under the 
                program, the Secretary shall consider--
                          ``(i) in the case of a large project, the 
                      ratings assigned under subsection (g)(5)(A);
                          ``(ii) in the case of an eligible project 
                      other than a large project, the quality rating 
                      assigned under subsection (f)(3)(A)(ii);
                          ``(iii) the average daily person and freight 
                      throughput supported by the eligible project;

[[Page 135 STAT. 486]]

                          ``(iv) the number and percentage of bridges 
                      within the same State as the eligible project that 
                      are in poor condition;
                          ``(v) the extent to which the eligible project 
                      demonstrates cost savings by bundling multiple 
                      bridge projects;
                          ``(vi) in the case of an eligible project of a 
                      Federal land management agency, the extent to 
                      which the grant would reduce a Federal liability 
                      or Federal infrastructure maintenance backlog;
                          ``(vii) geographic diversity among grant 
                      recipients, including the need for a balance 
                      between the needs of rural and urban communities; 
                      and
                          ``(viii) the extent to which a bridge that 
                      would be assisted with a grant--
                                    ``(I) is, without that assistance--
                                            ``(aa) at risk of falling 
                                        into or remaining in poor 
                                        condition; or
                                            ``(bb) in fair condition and 
                                        at risk of falling into poor 
                                        condition within the next 3 
                                        years;
                                    ``(II) does not meet current 
                                geometric design standards based on--
                                            ``(aa) the current use of 
                                        the bridge; or
                                            ``(bb) load and traffic 
                                        requirements typical of the 
                                        regional corridor or local 
                                        network in which the bridge is 
                                        located; or
                                    ``(III) does not meet current 
                                seismic design standards.
                    ``(B) Requirement.--The Secretary shall--
                          ``(i) give priority to an application for an 
                      eligible project that is located within a State 
                      for which--
                                    ``(I) 2 or more applications for 
                                eligible projects within the State were 
                                submitted for the current fiscal year 
                                and an average of 2 or more applications 
                                for eligible projects within the State 
                                were submitted in prior fiscal years of 
                                the program; and
                                    ``(II) fewer than 2 grants have been 
                                awarded for eligible projects within the 
                                State under the program;
                          ``(ii) <<NOTE: Determinations.>>  during the 
                      period of fiscal years 2022 through 2026, for each 
                      State described in clause (i), select--
                                    ``(I) not fewer than 1 large project 
                                that the Secretary determines is 
                                justified under the evaluation under 
                                subsection (g)(4); or
                                    ``(II) 2 eligible projects that are 
                                not large projects that the Secretary 
                                determines are justified under the 
                                evaluation under subsection (f)(3); and
                          ``(iii) not be required to award a grant for 
                      an eligible project that the Secretary does not 
                      determine is justified under an evaluation under 
                      subsection (f)(3) or (g)(4).
            ``(6) Culvert limitation.--Not more than 5 percent of the 
        amounts made available for each fiscal year for grants under the 
        program may be used for eligible projects that consist solely of 
        culvert replacement or rehabilitation.

    ``(d) Eligible Entity.--The Secretary may make a grant under the 
program to any of the following:

[[Page 135 STAT. 487]]

            ``(1) A State or a group of States.
            ``(2) A metropolitan planning organization that serves an 
        urbanized area (as designated by the Bureau of the Census) with 
        a population of over 200,000.
            ``(3) A unit of local government or a group of local 
        governments.
            ``(4) A political subdivision of a State or local 
        government.
            ``(5) A special purpose district or public authority with a 
        transportation function.
            ``(6) A Federal land management agency.
            ``(7) A Tribal government or a consortium of Tribal 
        governments.
            ``(8) A multistate or multijurisdictional group of entities 
        described in paragraphs (1) through (7).

    ``(e) Eligible Project Requirements.--The Secretary may make a grant 
under the program only to an eligible entity for an eligible project 
that--
            ``(1) <<NOTE: Recommenda- tions.>>  in the case of a large 
        project, the Secretary recommends for funding in the annual 
        report on funding recommendations under subsection (g)(6), 
        except as provided in subsection (g)(1)(B);
            ``(2) <<NOTE: Deadline.>>  is reasonably expected to begin 
        construction not later than 18 months after the date on which 
        funds are obligated for the project; and
            ``(3) is based on the results of preliminary engineering.

    ``(f) Competitive Process and Evaluation of Eligible Projects Other 
Than Large Projects.--
            ``(1) Competitive process.--
                    ``(A) <<NOTE: Deadlines.>>  In general.--The 
                Secretary shall--
                          ``(i) for the first fiscal year for which 
                      funds are made available for obligation under the 
                      program, not later than 60 days after the date on 
                      which the template under subparagraph (B)(i) is 
                      developed, and in subsequent fiscal years, not 
                      later than 60 days after the date on which amounts 
                      are made available for obligation under the 
                      program, solicit grant applications for eligible 
                      projects other than large projects; and
                          ``(ii) not later than 120 days after the date 
                      on which the solicitation under clause (i) 
                      expires, conduct evaluations under paragraph (3).
                    ``(B) Requirements.--In carrying out subparagraph 
                (A), the Secretary shall--
                          ``(i) develop a template for applicants to use 
                      to summarize project needs and benefits, including 
                      benefits described in paragraph (3)(B)(i); and
                          ``(ii) enable applicants to use data from the 
                      National Bridge Inventory under section 144(b) to 
                      populate templates described in clause (i), as 
                      applicable.
            ``(2) Applications.--An eligible entity shall submit to the 
        Secretary an application at such time, in such manner, and 
        containing such information as the Secretary may require.
            ``(3) Evaluation.--
                    ``(A) In general.--Prior to providing a grant under 
                this subsection, the Secretary shall--

[[Page 135 STAT. 488]]

                          ``(i) conduct an evaluation of each eligible 
                      project for which an application is received under 
                      this subsection; and
                          ``(ii) assign a quality rating to the eligible 
                      project on the basis of the evaluation under 
                      clause (i).
                    ``(B) Requirements.--In carrying out an evaluation 
                under subparagraph (A), the Secretary shall--
                          ``(i) <<NOTE: Determination.>>  consider 
                      information on project benefits submitted by the 
                      applicant using the template developed under 
                      paragraph (1)(B)(i), including whether the project 
                      will generate, as determined by the Secretary--
                                    ``(I) costs avoided by the 
                                prevention of closure or reduced use of 
                                the bridge to be improved by the 
                                project;
                                    ``(II) in the case of a bundle of 
                                projects, benefits from executing the 
                                projects as a bundle compared to as 
                                individual projects;
                                    ``(III) safety benefits, including 
                                the reduction of accidents and related 
                                costs;
                                    ``(IV) person and freight mobility 
                                benefits, including congestion reduction 
                                and reliability improvements;
                                    ``(V) national or regional economic 
                                benefits;
                                    ``(VI) benefits from long-term 
                                resiliency to extreme weather events, 
                                flooding, or other natural disasters;
                                    ``(VII) benefits from protection (as 
                                described in section 133(b)(10)), 
                                including improving seismic or scour 
                                protection;
                                    ``(VIII) environmental benefits, 
                                including wildlife connectivity;
                                    ``(IX) benefits to nonvehicular and 
                                public transportation users;
                                    ``(X) benefits of using--
                                            ``(aa) innovative design and 
                                        construction techniques; or
                                            ``(bb) innovative 
                                        technologies; or
                                    ``(XI) reductions in maintenance 
                                costs, including, in the case of a 
                                federally-owned bridge, cost savings to 
                                the Federal budget; and
                          ``(ii) consider whether and the extent to 
                      which the benefits, including the benefits 
                      described in clause (i), are more likely than not 
                      to outweigh the total project costs.

    ``(g) Competitive Process, Evaluation, and Annual Report for Large 
Projects.--
            ``(1) In general.--
                    ``(A) Applications.--The Secretary shall establish 
                an annual date by which an eligible entity submitting an 
                application for a large project shall submit to the 
                Secretary such information as the Secretary may require, 
                including information described in paragraph (2), in 
                order for a large project to be considered for a 
                recommendation by the Secretary for funding in the next 
                annual report under paragraph (6).
                    ``(B) First fiscal year.--Notwithstanding 
                subparagraph (A), for the first fiscal year for which 
                funds are

[[Page 135 STAT. 489]]

                made available for obligation for grants under the 
                program, the Secretary may establish a date by which an 
                eligible entity submitting an application for a large 
                project shall submit to the Secretary such information 
                as the Secretary may require, including information 
                described in paragraph (2), in order for a large project 
                to be considered for immediate execution of a grant 
                agreement.
            ``(2) Information required.--The information referred to in 
        paragraph (1) includes--
                    ``(A) all necessary information required for the 
                Secretary to evaluate the large project; and
                    ``(B) <<NOTE: Determination.>>  information 
                sufficient for the Secretary to determine that--
                          ``(i) the large project meets the applicable 
                      requirements under this section; and
                          ``(ii) there is a reasonable likelihood that 
                      the large project will continue to meet the 
                      requirements under this section.
            ``(3) Determination; notice.--On making a determination that 
        information submitted to the Secretary under paragraph (1) is 
        sufficient, the Secretary shall provide a written notice of that 
        determination to--
                    ``(A) the eligible entity that submitted the 
                application;
                    ``(B) the Committee on Environment and Public Works 
                of the Senate; and
                    ``(C) the Committee on Transportation and 
                Infrastructure of the House of Representatives.
            ``(4) <<NOTE: Recommenda- tions. Determination.>>  
        Evaluation.--The Secretary may recommend a large project for 
        funding in the annual report under paragraph (6), or, in the 
        case of the first fiscal year for which funds are made available 
        for obligation for grants under the program, immediately execute 
        a grant agreement for a large project, only if the Secretary 
        evaluates the proposed project and determines that the project 
        is justified because the project--
                    ``(A) <<NOTE: Determination.>>  addresses a need to 
                improve the condition of the bridge, as determined by 
                the Secretary, consistent with the goals of the program 
                under subsection (b)(2);
                    ``(B) <<NOTE: Determination.>>  will generate, as 
                determined by the Secretary--
                          ``(i) costs avoided by the prevention of 
                      closure or reduced use of the bridge to be 
                      improved by the project;
                          ``(ii) in the case of a bundle of projects, 
                      benefits from executing the projects as a bundle 
                      compared to as individual projects;
                          ``(iii) safety benefits, including the 
                      reduction of accidents and related costs;
                          ``(iv) person and freight mobility benefits, 
                      including congestion reduction and reliability 
                      improvements;
                          ``(v) national or regional economic benefits;
                          ``(vi) benefits from long-term resiliency to 
                      extreme weather events, flooding, or other natural 
                      disasters;
                          ``(vii) benefits from protection (as described 
                      in section 133(b)(10)), including improving 
                      seismic or scour protection;
                          ``(viii) environmental benefits, including 
                      wildlife connectivity;
                          ``(ix) benefits to nonvehicular and public 
                      transportation users;

[[Page 135 STAT. 490]]

                          ``(x) benefits of using--
                                    ``(I) innovative design and 
                                construction techniques; or
                                    ``(II) innovative technologies; or
                          ``(xi) reductions in maintenance costs, 
                      including, in the case of a federally-owned 
                      bridge, cost savings to the Federal budget;
                    ``(C) <<NOTE: Analysis.>>  is cost effective based 
                on an analysis of whether the benefits and avoided costs 
                described in subparagraph (B) are expected to outweigh 
                the project costs;
                    ``(D) is supported by other Federal or non-Federal 
                financial commitments or revenues adequate to fund 
                ongoing maintenance and preservation; and
                    ``(E) is consistent with the objectives of an 
                applicable asset management plan of the project sponsor, 
                including a State asset management plan under section 
                119(e) in the case of a project on the National Highway 
                System that is sponsored by a State.
            ``(5) Ratings.--
                    ``(A) In general.--The Secretary shall develop a 
                methodology to evaluate and rate a large project on a 5-
                point scale (the points of which include `high', 
                `medium-high', `medium', `medium-low', and `low') for 
                each of--
                          ``(i) paragraph (4)(B);
                          ``(ii) paragraph (4)(C); and
                          ``(iii) paragraph (4)(D).
                    ``(B) Requirement.--To be considered justified and 
                receive a recommendation for funding in the annual 
                report under paragraph (6), a project shall receive a 
                rating of not less than `medium' for each rating 
                required under subparagraph (A).
                    ``(C) Interim methodology.--In the first fiscal year 
                for which funds are made available for obligation for 
                grants under the program, the Secretary may establish an 
                interim methodology to evaluate and rate a large project 
                for each of--
                          ``(i) paragraph (4)(B);
                          ``(ii) paragraph (4)(C); and
                          ``(iii) paragraph (4)(D).
            ``(6) Annual report on funding recommendations for large 
        projects.--
                    ``(A) In general.--Not later than the first Monday 
                in February of each year, the Secretary shall submit to 
                the Committees on Transportation and Infrastructure and 
                Appropriations of the House of Representatives and the 
                Committees on Environment and Public Works and 
                Appropriations of the Senate a report that includes--
                          ``(i) <<NOTE: List.>>  a list of large 
                      projects that have requested a recommendation for 
                      funding under a new grant agreement from funds 
                      anticipated to be available to carry out this 
                      subsection in the next fiscal year;
                          ``(ii) the evaluation under paragraph (4) and 
                      ratings under paragraph (5) for each project 
                      referred to in clause (i);
                          ``(iii) <<NOTE: Payments.>>  the grant amounts 
                      that the Secretary recommends providing to large 
                      projects in the next fiscal year, including--

[[Page 135 STAT. 491]]

                                    ``(I) scheduled payments under 
                                previously signed multiyear grant 
                                agreements under subsection (j);
                                    ``(II) payments for new grant 
                                agreements, including single-year grant 
                                agreements and multiyear grant 
                                agreements; and
                                    ``(III) a description of how amounts 
                                anticipated to be available for the 
                                program from the Highway Trust Fund for 
                                that fiscal year will be distributed; 
                                and
                          ``(iv) <<NOTE: Proposed schedule.>>  for each 
                      project for which the Secretary recommends a new 
                      multiyear grant agreement under subsection (j), 
                      the proposed payout schedule for the project.
                    ``(B) Limitations.--
                          ``(i) <<NOTE: Determination.>>  In general.--
                      The Secretary shall not recommend in an annual 
                      report under this paragraph a new multiyear grant 
                      agreement provided from funds from the Highway 
                      Trust Fund unless the Secretary determines that 
                      the project can be completed using funds that are 
                      anticipated to be available from the Highway Trust 
                      Fund in future fiscal years.
                          ``(ii) General fund projects.--The Secretary--
                                    ``(I) may recommend for funding in 
                                an annual report under this paragraph a 
                                large project using funds from the 
                                general fund of the Treasury; but
                                    ``(II) shall not execute a grant 
                                agreement for that project unless--
                                            ``(aa) funds other than from 
                                        the Highway Trust Fund have been 
                                        made available for the project; 
                                        and
                                            
                                        ``(bb) <<NOTE: Determination.>>  
                                        the Secretary determines that 
                                        the project can be completed 
                                        using funds other than from the 
                                        Highway Trust Fund that are 
                                        anticipated to be available in 
                                        future fiscal years.
                    ``(C) Considerations.--In selecting projects to 
                recommend for funding in the annual report under this 
                paragraph, or, in the case of the first fiscal year for 
                which funds are made available for obligation for grants 
                under the program, projects for immediate execution of a 
                grant agreement, the Secretary shall--
                          ``(i) consider the amount of funds available 
                      in future fiscal years for multiyear grant 
                      agreements as described in subparagraph (B); and
                          ``(ii) assume the availability of funds in 
                      future fiscal years for multiyear grant agreements 
                      that extend beyond the period of authorization 
                      based on the amount made available for large 
                      projects under the program in the last fiscal year 
                      of the period of authorization.
                    ``(D) Project diversity.--In selecting projects to 
                recommend for funding in the annual report under this 
                paragraph, the Secretary shall ensure diversity among 
                projects recommended based on--
                          ``(i) the amount of the grant requested; and
                          ``(ii) grants for an eligible project for 1 
                      bridge compared to an eligible project that is a 
                      bundle of projects.

[[Page 135 STAT. 492]]

    ``(h) Eligible Project Costs.--A grant received for an eligible 
project under the program may be used for--
            ``(1) development phase activities, including planning, 
        feasibility analysis, revenue forecasting, environmental review, 
        preliminary engineering and design work, and other 
        preconstruction activities;
            ``(2) construction, reconstruction, rehabilitation, 
        acquisition of real property (including land related to the 
        project and improvements to the land), environmental mitigation, 
        construction contingencies, acquisition of equipment, and 
        operational improvements directly related to improving system 
        performance; and
            ``(3) expenses related to the protection (as described in 
        section 133(b)(10)) of a bridge, including seismic or scour 
        protection.

    ``(i) TIFIA Program.--On the request of an eligible entity carrying 
out an eligible project, the Secretary may use amounts awarded to the 
entity to pay subsidy and administrative costs necessary to provide to 
the entity Federal credit assistance under chapter 6 with respect to the 
eligible project for which the grant was awarded.
    ``(j) Multiyear Grant Agreements for Large Projects.--
            ``(1) In general.--A large project that receives a grant 
        under the program in an amount of not less than $100,000,000 may 
        be carried out through a multiyear grant agreement in accordance 
        with this subsection.
            ``(2) Requirements.--A multiyear grant agreement for a large 
        project described in paragraph (1) shall--
                    ``(A) establish the terms of participation by the 
                Federal Government in the project;
                    ``(B) establish the maximum amount of Federal 
                financial assistance for the project in accordance with 
                paragraphs (3) and (4) of subsection (c);
                    ``(C) <<NOTE: Schedule. Deadline.>>  establish a 
                payout schedule for the project that provides for 
                disbursement of the full grant amount by not later than 
                4 fiscal years after the fiscal year in which the 
                initial amount is provided;
                    ``(D) <<NOTE: Determination.>>  determine the period 
                of time for completing the project, even if that period 
                extends beyond the period of an authorization; and
                    ``(E) attempt to improve timely and efficient 
                management of the project, consistent with all 
                applicable Federal laws (including regulations).
            ``(3) Special financial rules.--
                    ``(A) In general.--A multiyear grant agreement under 
                this subsection--
                          ``(i) shall obligate an amount of available 
                      budget authority specified in law; and
                          ``(ii) may include a commitment, contingent on 
                      amounts to be specified in law in advance for 
                      commitments under this paragraph, to obligate an 
                      additional amount from future available budget 
                      authority specified in law.
                    ``(B) Statement of contingent commitment.--The 
                agreement shall state that the contingent commitment is 
                not an obligation of the Federal Government.
                    ``(C) Interest and other financing costs.--

[[Page 135 STAT. 493]]

                          ``(i) In general.--Interest and other 
                      financing costs of carrying out a part of the 
                      project within a reasonable time shall be 
                      considered a cost of carrying out the project 
                      under a multiyear grant agreement, except that 
                      eligible costs may not be more than the cost of 
                      the most favorable financing terms reasonably 
                      available for the project at the time of 
                      borrowing.
                          ``(ii) Certification.--The applicant shall 
                      certify to the Secretary that the applicant has 
                      shown reasonable diligence in seeking the most 
                      favorable financing terms.
            ``(4) Advance payment.--Notwithstanding any other provision 
        of law, an eligible entity carrying out a large project under a 
        multiyear grant agreement--
                    ``(A) may use funds made available to the eligible 
                entity under this title for eligible project costs of 
                the large project until the amount specified in the 
                multiyear grant agreement for the project for that 
                fiscal year becomes available for obligation; and
                    ``(B) <<NOTE: Reimbursement.>>  if the eligible 
                entity uses funds as described in subparagraph (A), the 
                funds used shall be reimbursed from the amount made 
                available under the multiyear grant agreement for the 
                project.

    ``(k) Undertaking Parts of Projects in Advance Under Letters of No 
Prejudice.--
            ``(1) In general.--The Secretary may pay to an applicant all 
        eligible project costs under the program, including costs for an 
        activity for an eligible project incurred prior to the date on 
        which the project receives funding under the program if--
                    ``(A) <<NOTE: Advance approval.>>  before the 
                applicant carries out the activity, the Secretary 
                approves through a letter to the applicant the activity 
                in the same manner as the Secretary approves other 
                activities as eligible under the program;
                    ``(B) <<NOTE: Records.>>  a record of decision, a 
                finding of no significant impact, or a categorical 
                exclusion under the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.) has been issued for the 
                eligible project; and
                    ``(C) the activity is carried out without Federal 
                assistance and in accordance with all applicable 
                procedures and requirements.
            ``(2) Interest and other financing costs.--
                    ``(A) In general.--For purposes of paragraph (1), 
                the cost of carrying out an activity for an eligible 
                project includes the amount of interest and other 
                financing costs, including any interest earned and 
                payable on bonds, to the extent interest and other 
                financing costs are expended in carrying out the 
                activity for the eligible project, except that interest 
                and other financing costs may not be more than the cost 
                of the most favorable financing terms reasonably 
                available for the eligible project at the time of 
                borrowing.
                    ``(B) Certification.--The applicant shall certify to 
                the Secretary that the applicant has shown reasonable 
                diligence in seeking the most favorable financing terms 
                under subparagraph (A).

[[Page 135 STAT. 494]]

            ``(3) No obligation or influence on recommendations.--An 
        approval by the Secretary under paragraph (1)(A) shall not--
                    ``(A) constitute an obligation of the Federal 
                Government; or
                    ``(B) alter or influence any evaluation under 
                subsection (f)(3)(A)(i) or (g)(4) or any recommendation 
                by the Secretary for funding under the program.

    ``(l) Federally-owned Bridges.--
            ``(1) Divestiture consideration.--In the case of a bridge 
        owned by a Federal land management agency for which that agency 
        applies for a grant under the program, the agency--
                    ``(A) shall consider options to divest the bridge to 
                a State or local entity after completion of the project; 
                and
                    ``(B) may apply jointly with the State or local 
                entity to which the bridge may be divested.
            ``(2) <<NOTE: Applicability.>>  Treatment.--Notwithstanding 
        any other provision of law, section 129 shall apply to a bridge 
        that was previously owned by a Federal land management agency 
        and has been transferred to a non-Federal entity under paragraph 
        (1) in the same manner as if the bridge was never federally 
        owned.

    ``(m) Treatment of Projects.--Notwithstanding any other provision of 
law, a project assisted under this section shall be treated as a project 
on a Federal-aid highway under this chapter.
    ``(n) <<NOTE: Deadline.>>  Congressional Notification.--Not later 
than 30 days before making a grant for an eligible project under the 
program, the Secretary shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the Committee on 
Environment and Public Works of the Senate a written notification of the 
proposed grant that includes--
            ``(1) <<NOTE: Evaluation.>>  an evaluation and justification 
        for the eligible project; and
            ``(2) the amount of the proposed grant.

    ``(o) Reports.--
            ``(1) <<NOTE: Web posting.>>  Annual report.--Not later than 
        August 1 of each fiscal year, the Secretary shall make available 
        on the website of the Department of Transportation an annual 
        report that lists each eligible project for which a grant has 
        been provided under the program during the fiscal year.
            ``(2) GAO assessment and report.--Not later than 3 years 
        after the date of enactment of the Surface Transportation 
        Reauthorization Act of 2021, the Comptroller General of the 
        United States shall--
                    ``(A) conduct an assessment of the administrative 
                establishment, solicitation, selection, and 
                justification process with respect to the funding of 
                grants under the program; and
                    ``(B) submit to the Committee on Transportation and 
                Infrastructure of the House of Representatives and the 
                Committee on Environment and Public Works of the Senate 
                a report that describes--
                          ``(i) the adequacy and fairness of the process 
                      under which each eligible project that received a 
                      grant under the program was selected; and
                          ``(ii) the justification and criteria used for 
                      the selection of each eligible project.

    ``(p) Limitation.--

[[Page 135 STAT. 495]]

            ``(1) Large projects.--Of the amounts made available out of 
        the Highway Trust Fund (other than the Mass Transit Account) to 
        carry out this section for each of fiscal years 2022 through 
        2026, not less than 50 percent, in aggregate, shall be used for 
        large projects.
            ``(2) <<NOTE: Determination.>>  Unutilized amounts.--If, in 
        fiscal year 2026, the Secretary determines that grants under the 
        program will not allow for the requirement under paragraph (1) 
        to be met, the Secretary shall use the unutilized amounts to 
        make other grants under the program during that fiscal year.

    ``(q) Tribal Transportation Facility Bridge Set Aside.--
            ``(1) In general.--Of the amounts made available from the 
        Highway Trust Fund (other than the Mass Transit Account) for a 
        fiscal year to carry out this section, the Secretary shall use, 
        to carry out section 202(d)--
                    ``(A) $16,000,000 for fiscal year 2022;
                    ``(B) $18,000,000 for fiscal year 2023;
                    ``(C) $20,000,000 for fiscal year 2024;
                    ``(D) $22,000,000 for fiscal year 2025; and
                    ``(E) $24,000,000 for fiscal year 2026.
            ``(2) Treatment.--For purposes of section 201, funds made 
        available for section 202(d) under paragraph (1) shall be 
        considered to be part of the tribal transportation program.''.

    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, <<NOTE: 23 USC 101 prec.>>  is amended by inserting 
after the item relating to section 123 the following:

``124. Bridge investment program.''.

SEC. 11119. SAFE ROUTES TO SCHOOL.

    (a) In General.--Chapter 2 of title 23, United States Code, is 
amended by inserting after section 207 the following:
``Sec. 208. <<NOTE: 23 USC 208.>>  Safe routes to school

    ``(a) Definitions.--In this section:
            ``(1) In the vicinity of schools.--The term `in the vicinity 
        of schools', with respect to a school, means the approximately 
        2-mile area within bicycling and walking distance of the school.
            ``(2) Primary, middle, and high schools.--The term `primary, 
        middle, and high schools' means schools providing education from 
        kindergarten through 12th grade.

    ``(b) Establishment.--Subject to the requirements of this section, 
the Secretary shall establish and carry out a safe routes to school 
program for the benefit of children in primary, middle, and high 
schools.
    ``(c) Purposes.--The purposes of the program established under 
subsection (b) shall be--
            ``(1) to enable and encourage children, including those with 
        disabilities, to walk and bicycle to school;
            ``(2) to make bicycling and walking to school a safer and 
        more appealing transportation alternative, thereby encouraging a 
        healthy and active lifestyle from an early age; and
            ``(3) to facilitate the planning, development, and 
        implementation of projects and activities that will improve 
        safety and reduce traffic, fuel consumption, and air pollution 
        in the vicinity of schools.

    ``(d) Apportionment of Funds.--

[[Page 135 STAT. 496]]

            ``(1) In general.--Subject to paragraphs (2), (3), and (4), 
        amounts made available to carry out this section for a fiscal 
        year shall be apportioned among the States so that each State 
        receives the amount equal to the proportion that--
                    ``(A) the total student enrollment in primary, 
                middle, and high schools in each State; bears to
                    ``(B) the total student enrollment in primary, 
                middle, and high schools in all States.
            ``(2) Minimum apportionment.--No State shall receive an 
        apportionment under this section for a fiscal year of less than 
        $1,000,000.
            ``(3) Set-aside for administrative expenses.--Before 
        apportioning under this subsection amounts made available to 
        carry out this section for a fiscal year, the Secretary shall 
        set aside not more than $3,000,000 of those amounts for the 
        administrative expenses of the Secretary in carrying out this 
        section.
            ``(4) Determination of student enrollments.--Determinations 
        under this subsection relating to student enrollments shall be 
        made by the Secretary.

    ``(e) Administration of Amounts.--Amounts apportioned to a State 
under this section shall be administered by the State department of 
transportation.
    ``(f) Eligible Recipients.--Amounts apportioned to a State under 
this section shall be used by the State to provide financial assistance 
to State, local, Tribal, and regional agencies, including nonprofit 
organizations, that demonstrate an ability to meet the requirements of 
this section.
    ``(g) Eligible Projects and Activities.--
            ``(1) Infrastructure-related projects.--
                    ``(A) In general.--Amounts apportioned to a State 
                under this section may be used for the planning, design, 
                and construction of infrastructure-related projects that 
                will substantially improve the ability of students to 
                walk and bicycle to school, including sidewalk 
                improvements, traffic calming and speed reduction 
                improvements, pedestrian and bicycle crossing 
                improvements, on-street bicycle facilities, off-street 
                bicycle and pedestrian facilities, secure bicycle 
                parking facilities, and traffic diversion improvements 
                in the vicinity of schools.
                    ``(B) Location of projects.--Infrastructure-related 
                projects under subparagraph (A) may be carried out on 
                any public road or any bicycle or pedestrian pathway or 
                trail in the vicinity of schools.
            ``(2) Noninfrastructure-related activities.--
                    ``(A) In general.--In addition to projects described 
                in paragraph (1), amounts apportioned to a State under 
                this section may be used for noninfrastructure-related 
                activities to encourage walking and bicycling to school, 
                including public awareness campaigns and outreach to 
                press and community leaders, traffic education and 
                enforcement in the vicinity of schools, student sessions 
                on bicycle and pedestrian safety, health, and 
                environment, and funding for training, volunteers, and 
                managers of safe routes to school programs.
                    ``(B) Allocation.--Not less than 10 percent and not 
                more than 30 percent of the amount apportioned to a

[[Page 135 STAT. 497]]

                State under this section for a fiscal year shall be used 
                for noninfrastructure-related activities under this 
                paragraph.
            ``(3) Safe routes to school coordinator.--Each State shall 
        use a sufficient amount of the apportionment of the State for 
        each fiscal year to fund a full-time position of coordinator of 
        the safe routes to school program of the State.

    ``(h) Clearinghouse.--
            ``(1) <<NOTE: Grants.>>  In general.--The Secretary shall 
        make grants to a national nonprofit organization engaged in 
        promoting safe routes to schools--
                    ``(A) to operate a national safe routes to school 
                clearinghouse;
                    ``(B) to develop information and educational 
                programs on safe routes to school; and
                    ``(C) to provide technical assistance and 
                disseminate techniques and strategies used for 
                successful safe routes to school programs.
            ``(2) Funding.--The Secretary shall carry out this 
        subsection using amounts set aside for administrative expenses 
        under subsection (d)(3).

    ``(i) Treatment of Projects.--Notwithstanding any other provision of 
law, a project assisted under this section shall be treated as a project 
on a Federal-aid highway under chapter 1.''.
    (b) Conforming Amendments.--
            (1) The analysis for chapter 2 of title 23, United States 
        Code, <<NOTE: 23 USC 201 prec.>>  is amended by inserting after 
        the item relating to section 207 the following:

``208. Safe routes to school.''.

            (2) <<NOTE: Repeal.>>  Section 1404 of SAFETEA-LU (23 U.S.C. 
        402 note; Public Law 109-59) is repealed.
            (3) The table of contents in section 1(b) of SAFETEA-LU 
        (Public Law 109-59; 119 Stat. 1144) is amended by striking the 
        item relating to section 1404.
SEC. 11120. HIGHWAY USE TAX EVASION PROJECTS.

    Section 143(b)(2)(A) of title 23, United States Code, is amended by 
striking ``fiscal years 2016 through 2020'' and inserting ``fiscal years 
2022 through 2026''.
SEC. 11121. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL 
                            FACILITIES.

    Section 147 of title 23, United States Code, is amended by striking 
subsection (h) and inserting the following:
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account) to carry out this section--
            ``(1) $110,000,000 for fiscal year 2022;
            ``(2) $112,000,000 for fiscal year 2023;
            ``(3) $114,000,000 for fiscal year 2024;
            ``(4) $116,000,000 for fiscal year 2025; and
            ``(5) $118,000,000 for fiscal year 2026.''.
SEC. 11122. <<NOTE: 23 USC 148 note.>>  VULNERABLE ROAD USER 
                            RESEARCH.

    (a) Definitions.--In this subsection:

[[Page 135 STAT. 498]]

            (1) Administrator.--The term ``Administrator'' means the 
        Secretary, acting through the Administrator of the Federal 
        Highway Administration.
            (2) Vulnerable road user.--The term ``vulnerable road user'' 
        has the meaning given the term in section 148(a) of title 23, 
        United States Code.

    (b) Establishment of Research Plan.--The Administrator shall 
establish a research plan to prioritize research on roadway designs, the 
development of safety countermeasures to minimize fatalities and serious 
injuries to vulnerable road users, and the promotion of bicycling and 
walking, including research relating to--
            (1) roadway safety improvements, including traffic calming 
        techniques and vulnerable road user accommodations appropriate 
        in a suburban arterial context;
            (2) the impacts of traffic speeds, and access to low-traffic 
        stress corridors, on safety and rates of bicycling and walking;
            (3) <<NOTE: Evaluation.>>  tools to evaluate the impact of 
        transportation improvements on projected rates and safety of 
        bicycling and walking; and
            (4) <<NOTE: Determination.>>  other research areas to be 
        determined by the Administrator.

    (c) Vulnerable Road User Assessments.--The Administrator shall--
            (1) <<NOTE: Reviews. Determination.>>  review each 
        vulnerable road user safety assessment submitted by a State 
        under section 148(l) of title 23, United States Code, and other 
        relevant sources of data to determine what, if any, standard 
        definitions and methods should be developed through guidance to 
        enable a State to collect pedestrian injury and fatality data; 
        and
            (2) in the first progress update under subsection (d)(2), 
        provide--
                    (A) the results of the determination described in 
                paragraph (1); and
                    (B) <<NOTE: Recommenda- tions.>>  the 
                recommendations of the Secretary with respect to the 
                collection and reporting of data on the safety of 
                vulnerable road users.

    (d) <<NOTE: Deadlines.>>  Submission; Publication.--
            (1) Submission of plan.--Not later than 180 days after the 
        date of enactment of this Act, the Administrator 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 the research plan described in subsection 
        (b).
            (2) Progress updates.--Not later than 2 years after the date 
        of enactment of this Act, and biannually thereafter, the 
        Administrator shall submit to the Committees described in 
        paragraph (1)--
                    (A) updates on the progress and findings of the 
                research conducted pursuant to the plan described in 
                subsection (b); and
                    (B) in the first submission under this paragraph, 
                the results and recommendations described in subsection 
                (c)(2).

[[Page 135 STAT. 499]]

SEC. 11123. WILDLIFE CROSSING SAFETY.

    (a) Declaration of Policy.--Section 101(b)(3)(D) of title 23, United 
States Code, is amended, in the matter preceding clause (i), by 
inserting ``resilient,'' after ``efficient,''.
    (b) Wildlife Crossings Pilot Program.--
            (1) In general.--Chapter 1 of title 23, United States Code, 
        is amended by adding at the end the following:
``Sec. 171. <<NOTE: Grants. 23 USC 171.>>  Wildlife crossings 
                pilot program

    ``(a) Finding.--Congress finds that greater adoption of wildlife-
vehicle collision safety countermeasures is in the public interest 
because--
            ``(1) according to the report of the Federal Highway 
        Administration entitled `Wildlife-Vehicle Collision Reduction 
        Study', there are more than 1,000,000 wildlife-vehicle 
        collisions every year;
            ``(2) wildlife-vehicle collisions--
                    ``(A) present a danger to--
                          ``(i) human safety; and
                          ``(ii) wildlife survival; and
                    ``(B) represent a persistent concern that results in 
                tens of thousands of serious injuries and hundreds of 
                fatalities on the roadways of the United States; and
            ``(3) the total annual cost associated with wildlife-vehicle 
        collisions has been estimated to be $8,388,000,000; and
            ``(4) wildlife-vehicle collisions are a major threat to the 
        survival of species, including birds, reptiles, mammals, and 
        amphibians.

    ``(b) Establishment.--The Secretary shall establish a competitive 
wildlife crossings pilot program (referred to in this section as the 
`pilot program') to provide grants for projects that seek to achieve--
            ``(1) a reduction in the number of wildlife-vehicle 
        collisions; and
            ``(2) in carrying out the purpose described in paragraph 
        (1), improved habitat connectivity for terrestrial and aquatic 
        species.

    ``(c) Eligible Entities.--An entity eligible to apply for a grant 
under the pilot program is--
            ``(1) a State highway agency, or an equivalent of that 
        agency;
            ``(2) a metropolitan planning organization (as defined in 
        section 134(b));
            ``(3) a unit of local government;
            ``(4) a regional transportation authority;
            ``(5) a special purpose district or public authority with a 
        transportation function, including a port authority;
            ``(6) an Indian tribe (as defined in section 207(m)(1)), 
        including a Native village and a Native Corporation (as those 
        terms are defined in section 3 of the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1602));
            ``(7) a Federal land management agency; or
            ``(8) a group of any of the entities described in paragraphs 
        (1) through (7).

    ``(d) Applications.--

[[Page 135 STAT. 500]]

            ``(1) In general.--To be eligible to receive a grant under 
        the pilot program, an eligible entity shall submit to the 
        Secretary an application at such time, in such manner, and 
        containing such information as the Secretary may require.
            ``(2) <<NOTE: Consultation.>>  Requirement.--If an 
        application under paragraph (1) is submitted by an eligible 
        entity other than an eligible entity described in paragraph (1) 
        or (7) of subsection (c), the application shall include 
        documentation that the State highway agency, or an equivalent of 
        that agency, of the State in which the eligible entity is 
        located was consulted during the development of the application.
            ``(3) Guidance.--To enhance consideration of current and 
        reliable data, eligible entities may obtain guidance from an 
        agency in the State with jurisdiction over fish and wildlife.

    ``(e) Considerations.--In selecting grant recipients under the pilot 
program, the Secretary shall take into consideration the following:
            ``(1) Primarily, the extent to which the proposed project of 
        an eligible entity is likely to protect motorists and wildlife 
        by reducing the number of wildlife-vehicle collisions and 
        improve habitat connectivity for terrestrial and aquatic 
        species.
            ``(2) Secondarily, the extent to which the proposed project 
        of an eligible entity is likely to accomplish the following:
                    ``(A) Leveraging Federal investment by encouraging 
                non-Federal contributions to the project, including 
                projects from public-private partnerships.
                    ``(B) Supporting local economic development and 
                improvement of visitation opportunities.
                    ``(C) Incorporation of innovative technologies, 
                including advanced design techniques and other 
                strategies to enhance efficiency and effectiveness in 
                reducing wildlife-vehicle collisions and improving 
                habitat connectivity for terrestrial and aquatic 
                species.
                    ``(D) Provision of educational and outreach 
                opportunities.
                    ``(E) Monitoring and research to evaluate, compare 
                effectiveness of, and identify best practices in, 
                selected projects.
                    ``(F) <<NOTE: Determination.>>  Any other criteria 
                relevant to reducing the number of wildlife-vehicle 
                collisions and improving habitat connectivity for 
                terrestrial and aquatic species, as the Secretary 
                determines to be appropriate, subject to the condition 
                that the implementation of the pilot program shall not 
                be delayed in the absence of action by the Secretary to 
                identify additional criteria under this subparagraph.

    ``(f) Use of Funds.--
            ``(1) In general.--The Secretary shall ensure that a grant 
        received under the pilot program is used for a project to reduce 
        wildlife-vehicle collisions.
            ``(2) Grant administration.--
                    ``(A) In general.--A grant received under the pilot 
                program shall be administered by--
                          ``(i) in the case of a grant to a Federal land 
                      management agency or an Indian tribe (as defined 
                      in section 207(m)(1), including a Native village 
                      and a Native Corporation (as those terms are 
                      defined in section 3 of the Alaska Native Claims 
                      Settlement Act (43 U.S.C.

[[Page 135 STAT. 501]]

                      1602))), the Federal Highway Administration, 
                      through an agreement; and
                          ``(ii) in the case of a grant to an eligible 
                      entity other than an eligible entity described in 
                      clause (i), the State highway agency, or an 
                      equivalent of that agency, for the State in which 
                      the project is to be carried out.
                    ``(B) Partnerships.--
                          ``(i) In general.--A grant received under the 
                      pilot program may be used to provide funds to 
                      eligible partners of the project for which the 
                      grant was received described in clause (ii), in 
                      accordance with the terms of the project 
                      agreement.
                          ``(ii) Eligible partners described.--The 
                      eligible partners referred to in clause (i) 
                      include--
                                    ``(I) a metropolitan planning 
                                organization (as defined in section 
                                134(b));
                                    ``(II) a unit of local government;
                                    ``(III) a regional transportation 
                                authority;
                                    ``(IV) a special purpose district or 
                                public authority with a transportation 
                                function, including a port authority;
                                    ``(V) an Indian tribe (as defined in 
                                section 207(m)(1)), including a Native 
                                village and a Native Corporation (as 
                                those terms are defined in section 3 of 
                                the Alaska Native Claims Settlement Act 
                                (43 U.S.C. 1602));
                                    ``(VI) a Federal land management 
                                agency;
                                    ``(VII) a foundation, 
                                nongovernmental organization, or 
                                institution of higher education;
                                    ``(VIII) a Federal, Tribal, 
                                regional, or State government entity; 
                                and
                                    ``(IX) a group of any of the 
                                entities described in subclauses (I) 
                                through (VIII).
            ``(3) Compliance.--An eligible entity that receives a grant 
        under the pilot program and enters into a partnership described 
        in paragraph (2) shall establish measures to verify that an 
        eligible partner that receives funds from the grant complies 
        with the conditions of the pilot program in using those funds.

    ``(g) <<NOTE: Urban and rural areas.>>  Requirement.--The Secretary 
shall ensure that not less than 60 percent of the amounts made available 
for grants under the pilot program each fiscal year are for projects 
located in rural areas.

    ``(h) Annual Report to Congress.--
            ``(1) <<NOTE: Public information.>>  In general.--Not later 
        than December 31 of each calendar year, the Secretary shall 
        submit to Congress, and make publicly available, a report 
        describing the activities under the pilot program for the fiscal 
        year that ends during that calendar year.
            ``(2) Contents.--The report under paragraph (1) shall 
        include--
                    ``(A) a detailed description of the activities 
                carried out under the pilot program;
                    ``(B) <<NOTE: Evaluation.>>  an evaluation of the 
                effectiveness of the pilot program in meeting the 
                purposes described in subsection (b); and

[[Page 135 STAT. 502]]

                    ``(C) <<NOTE: Recommenda- tions.>>  policy 
                recommendations to improve the effectiveness of the 
                pilot program.

    ``(i) Treatment of Projects.--Notwithstanding any other provision of 
law, a project assisted under this section shall be treated as a project 
on a Federal-aid highway under this chapter.''.
            (2) Clerical amendment.--The analysis for chapter 1 of title 
        23, United States Code, <<NOTE: 23 USC 101 prec.>>  is amended 
        by inserting after the item relating to section 170 the 
        following:

``171. Wildlife crossings pilot program.''.

    (c) Wildlife Vehicle Collision Reduction and Habitat Connectivity 
Improvement.--
            (1) In general.--Chapter 1 of title 23, United States Code 
        (as amended by subsection (b)(1)), is amended by adding at the 
        end the following:
``Sec. 172. <<NOTE: 23 USC 172.>>  Wildlife-vehicle collision 
                reduction and habitat connectivity improvement

    ``(a) Study.--
            ``(1) In general.--The Secretary shall conduct a study 
        (referred to in this subsection as the `study') of the state, as 
        of the date of the study, of the practice of methods to reduce 
        collisions between motorists and wildlife (referred to in this 
        section as `wildlife-vehicle collisions').
            ``(2) Contents.--
                    ``(A) Areas of study.--The study shall--
                          ``(i) <<NOTE: Update.>>  update and expand on, 
                      as appropriate--
                                    ``(I) the report entitled `Wildlife 
                                Vehicle Collision Reduction Study: 2008 
                                Report to Congress'; and
                                    ``(II) the document entitled 
                                `Wildlife Vehicle Collision Reduction 
                                Study: Best Practices Manual' and dated 
                                October 2008; and
                          ``(ii) include--
                                    ``(I) <<NOTE: Assessments.>>  an 
                                assessment, as of the date of the study, 
                                of--
                                            ``(aa) the causes of 
                                        wildlife-vehicle collisions;
                                            ``(bb) the impact of 
                                        wildlife-vehicle collisions on 
                                        motorists and wildlife; and
                                            ``(cc) the impacts of roads 
                                        and traffic on habitat 
                                        connectivity for terrestrial and 
                                        aquatic species; and
                                    ``(II) solutions and best practices 
                                for--
                                            ``(aa) reducing wildlife-
                                        vehicle collisions; and
                                            ``(bb) improving habitat 
                                        connectivity for terrestrial and 
                                        aquatic species.
                    ``(B) Methods.--In carrying out the study, the 
                Secretary shall--
                          ``(i) <<NOTE: Review.>>  conduct a thorough 
                      review of research and data relating to--
                                    ``(I) wildlife-vehicle collisions; 
                                and
                                    ``(II) habitat fragmentation that 
                                results from transportation 
                                infrastructure;
                          ``(ii) <<NOTE: Survey.>>  survey current 
                      practices of the Department of Transportation and 
                      State departments of transportation to reduce 
                      wildlife-vehicle collisions; and

[[Page 135 STAT. 503]]

                          ``(iii) <<NOTE: Consultation.>>  consult 
                      with--
                                    ``(I) appropriate experts in the 
                                field of wildlife-vehicle collisions; 
                                and
                                    ``(II) appropriate experts on the 
                                effects of roads and traffic on habitat 
                                connectivity for terrestrial and aquatic 
                                species.
            ``(3) Report.--
                    ``(A) In general.--Not later than 18 months after 
                the date of enactment of the Surface Transportation 
                Reauthorization Act of 2021, the Secretary shall submit 
                to Congress a report on the results of the study.
                    ``(B) Contents.--The report under subparagraph (A) 
                shall include--
                          ``(i) a description of--
                                    ``(I) the causes of wildlife-vehicle 
                                collisions;
                                    ``(II) the impacts of wildlife-
                                vehicle collisions; and
                                    ``(III) the impacts of roads and 
                                traffic on--
                                            ``(aa) species listed as 
                                        threatened species or endangered 
                                        species under the Endangered 
                                        Species Act of 1973 (16 U.S.C. 
                                        1531 et seq.);
                                            ``(bb) species identified by 
                                        States as species of greatest 
                                        conservation need;
                                            ``(cc) species identified in 
                                        State wildlife plans; and
                                            ``(dd) medium and small 
                                        terrestrial and aquatic species;
                          ``(ii) <<NOTE: Evaluation.>>  an economic 
                      evaluation of the costs and benefits of installing 
                      highway infrastructure and other measures to 
                      mitigate damage to terrestrial and aquatic 
                      species, including the effect on jobs, property 
                      values, and economic growth to society, adjacent 
                      communities, and landowners;
                          ``(iii) <<NOTE: Recommenda- tions.>>  
                      recommendations for preventing wildlife-vehicle 
                      collisions, including recommended best practices, 
                      funding resources, or other recommendations for 
                      addressing wildlife-vehicle collisions; and
                          ``(iv) <<NOTE: Consultation.>>  guidance, 
                      developed in consultation with Federal land 
                      management agencies and State departments of 
                      transportation, State fish and wildlife agencies, 
                      and Tribal governments that agree to participate, 
                      for developing, for each State that agrees to 
                      participate, a voluntary joint statewide 
                      transportation and wildlife action plan--
                                    ``(I) to address wildlife-vehicle 
                                collisions; and
                                    ``(II) to improve habitat 
                                connectivity for terrestrial and aquatic 
                                species.

    ``(b) Workforce Development and Technical Training.--
            ``(1) <<NOTE: Deadline.>>  In general.--Not later than 3 
        years after the date of enactment of the Surface Transportation 
        Reauthorization Act of 2021, the Secretary shall, based on the 
        study conducted under subsection (a), develop a series of in-
        person and online workforce development and technical training 
        courses--
                    ``(A) to reduce wildlife-vehicle collisions; and
                    ``(B) to improve habitat connectivity for 
                terrestrial and aquatic species.
            ``(2) Availability.--The Secretary shall--

[[Page 135 STAT. 504]]

                    ``(A) make the series of courses developed under 
                paragraph (1) available for transportation and fish and 
                wildlife professionals; and
                    ``(B) <<NOTE: Updates.>>  update the series of 
                courses not less frequently than once every 2 years.

    ``(c) Standardization of Wildlife Collision and Carcass Data.--
            ``(1) Standardized methodology.--
                    ``(A) In general.--The Secretary, acting through the 
                Administrator of the Federal Highway Administration 
                (referred to in this subsection as the `Secretary'), 
                shall develop a quality standardized methodology for 
                collecting and reporting spatially accurate wildlife 
                collision and carcass data for the National Highway 
                System, considering the practicability of the 
                methodology with respect to technology and cost.
                    ``(B) Methodology.--In developing the standardized 
                methodology under subparagraph (A), the Secretary 
                shall--
                          ``(i) <<NOTE: Survey.>>  survey existing 
                      methodologies and sources of data collection, 
                      including the Fatality Analysis Reporting System, 
                      the General Estimates System of the National 
                      Automotive Sampling System, and the Highway Safety 
                      Information System; and
                          ``(ii) to the extent practicable, identify and 
                      correct limitations of those existing 
                      methodologies and sources of data collection.
                    ``(C) Consultation.--In developing the standardized 
                methodology under subparagraph (A), the Secretary shall 
                consult with--
                          ``(i) the Secretary of the Interior;
                          ``(ii) the Secretary of Agriculture, acting 
                      through the Chief of the Forest Service;
                          ``(iii) Tribal, State, and local 
                      transportation and wildlife authorities;
                          ``(iv) metropolitan planning organizations (as 
                      defined in section 134(b));
                          ``(v) members of the American Association of 
                      State Highway Transportation Officials;
                          ``(vi) members of the Association of Fish and 
                      Wildlife Agencies;
                          ``(vii) experts in the field of wildlife-
                      vehicle collisions;
                          ``(viii) nongovernmental organizations; and
                          ``(ix) other interested stakeholders, as 
                      appropriate.
            ``(2) Standardized national data system with voluntary 
        template implementation.--The Secretary shall--
                    ``(A) develop a template for State implementation of 
                a standardized national wildlife collision and carcass 
                data system for the National Highway System that is 
                based on the standardized methodology developed under 
                paragraph (1); and
                    ``(B) encourage the voluntary implementation of the 
                template developed under subparagraph (A).
            ``(3) Reports.--
                    ``(A) Methodology.--The Secretary shall submit to 
                Congress a report describing the standardized 
                methodology

[[Page 135 STAT. 505]]

                developed under paragraph (1) not later than the later 
                of--
                          ``(i) the date that is 18 months after the 
                      date of enactment of the Surface Transportation 
                      Reauthorization Act of 2021; and
                          ``(ii) the date that is 180 days after the 
                      date on which the Secretary completes the 
                      development of the standardized methodology.
                    ``(B) Implementation.--Not later than 4 years after 
                the date of enactment of the Surface Transportation 
                Reauthorization Act of 2021, the Secretary shall submit 
                to Congress a report describing--
                          ``(i) the status of the voluntary 
                      implementation of the standardized methodology 
                      developed under paragraph (1) and the template 
                      developed under paragraph (2)(A);
                          ``(ii) whether the implementation of the 
                      standardized methodology developed under paragraph 
                      (1) and the template developed under paragraph 
                      (2)(A) has impacted efforts by States, units of 
                      local government, and other entities--
                                    ``(I) to reduce the number of 
                                wildlife-vehicle collisions; and
                                    ``(II) to improve habitat 
                                connectivity;
                          ``(iii) the degree of the impact described in 
                      clause (ii); and
                          ``(iv) <<NOTE: Recommenda- tions.>>  the 
                      recommendations of the Secretary, including 
                      recommendations for further study aimed at 
                      reducing motorist collisions involving wildlife 
                      and improving habitat connectivity for terrestrial 
                      and aquatic species on the National Highway 
                      System, if any.

    ``(d) National Threshold Guidance.--The Secretary shall--
            ``(1) <<NOTE: Determination.>>  establish guidance, to be 
        carried out by States on a voluntary basis, that contains a 
        threshold for determining whether a highway shall be evaluated 
        for potential mitigation measures to reduce wildlife-vehicle 
        collisions and increase habitat connectivity for terrestrial and 
        aquatic species, taking into consideration--
                    ``(A) the number of wildlife-vehicle collisions on 
                the highway that pose a human safety risk;
                    ``(B) highway-related mortality and the effects of 
                traffic on the highway on--
                          ``(i) species listed as endangered species or 
                      threatened species under the Endangered Species 
                      Act of 1973 (16 U.S.C. 1531 et seq.);
                          ``(ii) species identified by a State as 
                      species of greatest conservation need;
                          ``(iii) species identified in State wildlife 
                      plans; and
                          ``(iv) medium and small terrestrial and 
                      aquatic species; and
                    ``(C) habitat connectivity values for terrestrial 
                and aquatic species and the barrier effect of the 
                highway on the movements and migrations of those 
                species.''.
            (2) Clerical amendment.--The analysis for chapter 1 of title 
        23, United States Code <<NOTE: 23 USC 101 prec.>>  (as amended 
        by subsection (b)(2))

[[Page 135 STAT. 506]]

        is amended by inserting after the item relating to section 171 
        the following:

``172. Wildlife-vehicle collision reduction and habitat connectivity 
           improvement.''.

    (d) Wildlife Crossings Standards.--Section 109(c)(2) of title 23, 
United States Code, is amended--
            (1) in subparagraph (E), by striking ``and'' at the end;
            (2) by redesignating subparagraph (F) as subparagraph (G); 
        and
            (3) by inserting after subparagraph (E) the following:
                    ``(F) the publication of the Federal Highway 
                Administration entitled `Wildlife Crossing Structure 
                Handbook: Design and Evaluation in North America' and 
                dated March 2011; and''.

    (e) Wildlife Habitat Connectivity and National Bridge and Tunnel 
Inventory and Inspection Standards.--Section 144 of title 23, United 
States Code, is amended--
            (1) in subsection (a)(2)--
                    (A) in subparagraph (B), by inserting ``, 
                resilience,'' after ``safety'';
                    (B) in subparagraph (D), by striking ``and'' at the 
                end;
                    (C) in subparagraph (E), by striking the period at 
                the end and inserting ``; and''; and
                    (D) by adding at the end the following:
                    ``(F) to ensure adequate passage of aquatic and 
                terrestrial species, where appropriate.'';
            (2) in subsection (b)--
                    (A) in paragraph (4), by striking ``and'' at the 
                end;
                    (B) in paragraph (5), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(6) determine if the replacement or rehabilitation of 
        bridges and tunnels should include measures to enable safe and 
        unimpeded movement for terrestrial and aquatic species.''; and
            (3) in subsection (i), by adding at the end the following:
            ``(3) Requirement.--The first revision under paragraph (2) 
        after the date of enactment of the Surface Transportation 
        Reauthorization Act of 2021 shall include techniques to assess 
        passage of aquatic and terrestrial species and habitat 
        restoration potential.''.
SEC. 11124. CONSOLIDATION OF PROGRAMS.

    Section 1519(a) of MAP-21 (Public Law 112-141; 126 Stat. 574; 129 
Stat. 1423) is amended, in the matter preceding paragraph (1), by 
striking ``fiscal years 2016 through 2020'' and inserting ``fiscal years 
2022 through 2026''.
SEC. 11125. GAO REPORT.

    (a) <<NOTE: Repeal.>>  In General.--Section 1433 of the FAST Act (23 
U.S.C. 101 note; Public Law 114-94) is repealed.

    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the FAST Act (Public Law 114-94; 129 Stat. 1312) is amended by striking 
the item relating to section 1433.
SEC. 11126. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.

    Section 165 of title 23, United States Code, is amended--

[[Page 135 STAT. 507]]

            (1) in subsection (a), by striking paragraphs (1) and (2) 
        and inserting the following:
            ``(1) for the Puerto Rico highway program under subsection 
        (b)--
                    ``(A) $173,010,000 shall be for fiscal year 2022;
                    ``(B) $176,960,000 shall be for fiscal year 2023;
                    ``(C) $180,120,000 shall be for fiscal year 2024;
                    ``(D) $183,675,000 shall be for fiscal year 2025; 
                and
                    ``(E) $187,230,000 shall be for fiscal year 2026; 
                and
            ``(2) for the territorial highway program under subsection 
        (c)--
                    ``(A) $45,990,000 shall be for fiscal year 2022;
                    ``(B) $47,040,000 shall be for fiscal year 2023;
                    ``(C) $47,880,000 shall be for fiscal year 2024;
                    ``(D) $48,825,000 shall be for fiscal year 2025; and
                    ``(E) $49,770,000 shall be for fiscal year 2026.'';
            (2) in subsection (b)(2)(C)(iii), by inserting ``and 
        preventative maintenance on the National Highway System'' after 
        ``chapter 1''; and
            (3) in subsection (c)(7), by striking ``paragraphs (1) 
        through (4) of section 133(c) and section 133(b)(12)'' and 
        inserting ``paragraphs (1), (2), (3), and (5) of section 133(c) 
        and section 133(b)(13)''.
SEC. 11127. NATIONALLY SIGNIFICANT FEDERAL LANDS AND TRIBAL 
                            PROJECTS PROGRAM.

    Section 1123 of the FAST Act (23 U.S.C. 201 note; Public Law 114-94) 
is amended--
            (1) in subsection (c)(3), by striking ``$25,000,000'' and 
        all that follows through the period at the end and inserting 
        ``$12,500,000.'';
            (2) in subsection (g)--
                    (A) by striking the subsection designation and 
                heading and all that follows through ``The Federal'' in 
                paragraph (1) and inserting the following:

    ``(g) Cost Share.--
            ``(1) Federal share.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the Federal'';
                    (B) in paragraph (1), by adding at the end the 
                following:
                    ``(B) Tribal projects.--In the case of a project on 
                a tribal transportation facility (as defined in section 
                101(a) of title 23, United States Code), the Federal 
                share of the cost of the project shall be 100 
                percent.''; and
                    (C) in paragraph (2), by striking ``other than those 
                made available under title 23 or title 49, United States 
                Code,''; and
            (3) by striking subsection (h) and inserting the following:

    ``(h) Use of Funds.--
            ``(1) In general.--For each fiscal year, of the amounts made 
        available to carry out this section--
                    ``(A) 50 percent shall be used for eligible projects 
                on Federal lands transportation facilities and Federal 
                lands access transportation facilities (as those terms 
                are defined in section 101(a) of title 23, United States 
                Code); and

[[Page 135 STAT. 508]]

                    ``(B) 50 percent shall be used for eligible projects 
                on tribal transportation facilities (as defined in 
                section 101(a) of title 23, United States Code).
            ``(2) Requirement.--Not less than 1 eligible project carried 
        out using the amount described in paragraph (1)(A) shall be in a 
        unit of the National Park System with not less than 3,000,000 
        annual visitors.
            ``(3) Availability.--Amounts made available to carry out 
        this section shall remain available for a period of 3 fiscal 
        years following the fiscal year for which the amounts are 
        appropriated.''.
SEC. 11128. TRIBAL HIGH PRIORITY PROJECTS PROGRAM.

    Section 1123(h) of MAP-21 (23 U.S.C. 202 note; Public Law 112-141) 
is amended--
            (1) by redesignating paragraph (2) as paragraph (3);
            (2) in paragraph (3) (as so redesignated), in the matter 
        preceding subparagraph (A), by striking ``paragraph (1)'' and 
        inserting ``paragraphs (1) and (2)''; and
            (3) by striking the subsection designation and heading and 
        all that follows through the period at the end of paragraph (1) 
        and inserting the following:

    ``(h) Funding.--
            ``(1) Set-aside.--For each of fiscal years 2022 through 
        2026, of the amounts made available to carry out the tribal 
        transportation program under section 202 of title 23, United 
        States Code, for that fiscal year, the Secretary shall use 
        $9,000,000 to carry out the program.
            ``(2) Authorization of appropriations.--In addition to 
        amounts made available under paragraph (1), there is authorized 
        to be appropriated $30,000,000 out of the general fund of the 
        Treasury to carry out the program for each of fiscal years 2022 
        through 2026.''.
SEC. 11129. STANDARDS.

    Section 109 of title 23, United States Code, is amended--
            (1) in subsection (d)--
                    (A) by striking ``(d) On any'' and inserting the 
                following:

    ``(d) Manual on Uniform Traffic Control Devices.--
            ``(1) In general.--On any'';
                    (B) in paragraph (1) (as so designated), by striking 
                ``promote the safe'' and inserting ``promote the safety, 
                inclusion, and mobility of all users''; and
                    (C) by adding at the end the following:
            ``(2) <<NOTE: Deadline.>>  Updates.--Not later than 18 
        months after the date of enactment of the Surface Transportation 
        Reauthorization Act of 2021 and not less frequently than every 4 
        years thereafter, the Secretary shall update the Manual on 
        Uniform Traffic Control Devices.'';
            (2) in subsection (o)--
                    (A) by striking ``Projects'' and inserting:
                    ``(A) In general.--Projects''; and
                    (B) by inserting at the end the following:
                    ``(B) Local jurisdictions.--Notwithstanding 
                subparagraph (A), a local jurisdiction may use a roadway 
                design guide recognized by the Federal Highway 
                Administration and adopted by the local jurisdiction 
                that is different from the roadway design guide used by 
                the State in which

[[Page 135 STAT. 509]]

                the local jurisdiction is located for the design of 
                projects on all roadways under the ownership of the 
                local jurisdiction (other than a highway on the National 
                Highway System) for which the local jurisdiction is the 
                project sponsor, provided that the design complies with 
                all other applicable Federal laws.''; and
            (3) by adding at the end the following:

    ``(s) Electric Vehicle Charging Stations.--
            ``(1) Standards.--Electric vehicle charging infrastructure 
        installed using funds provided under this title shall provide, 
        at a minimum--
                    ``(A) non-proprietary charging connectors that meet 
                applicable industry safety standards; and
                    ``(B) open access to payment methods that are 
                available to all members of the public to ensure secure, 
                convenient, and equal access to the electric vehicle 
                charging infrastructure that shall not be limited by 
                membership to a particular payment provider.
            ``(2) Treatment of projects.--Notwithstanding any other 
        provision of law, a project to install electric vehicle charging 
        infrastructure using funds provided under this title shall be 
        treated as if the project is located on a Federal-aid 
        highway.''.
SEC. 11130. PUBLIC TRANSPORTATION.

    (a) In General.--Section 142(a) of title 23, United States Code, is 
amended by adding at the end the following:
            ``(3) Bus corridors.--In addition to the projects described 
        in paragraphs (1) and (2), the Secretary may approve payment 
        from sums apportioned under paragraph (2) or (7) of section 
        104(b) for carrying out a capital project for the construction 
        of a bus rapid transit corridor or dedicated bus lanes, 
        including the construction or installation of--
                    ``(A) traffic signaling and prioritization systems;
                    ``(B) redesigned intersections that are necessary 
                for the establishment of a bus rapid transit corridor;
                    ``(C) on-street stations;
                    ``(D) fare collection systems;
                    ``(E) information and wayfinding systems; and
                    ``(F) depots.''.

    (b) Technical Correction.--Section 142 of title 23, United States 
Code, is amended by striking subsection (i).
SEC. 11131. RESERVATION OF CERTAIN FUNDS.

    (a) Open Container Requirements.--Section 154(c)(2) of title 23, 
United States Code, is amended--
            (1) in the paragraph heading, by striking ``2012'' and 
        inserting ``2022'';
            (2) by striking subparagraph (A) and inserting the 
        following:
                    ``(A) Reservation of funds.--
                          ``(i) <<NOTE: Effective 
                      dates. Certification.>>  In general.--On October 
                      1, 2021, and each October 1 thereafter, in the 
                      case of a State described in clause (ii), the 
                      Secretary shall reserve an amount equal to 2.5 
                      percent of the funds to be apportioned to the 
                      State on that date under each of paragraphs (1) 
                      and (2) of section 104(b) until the State 
                      certifies to the Secretary the means by which the 
                      State will

[[Page 135 STAT. 510]]

                      use those reserved funds in accordance with 
                      subparagraphs (A) and (B) of paragraph (1), and 
                      paragraph (3).
                          ``(ii) States described.--A State referred to 
                      in clause (i) is a State--
                                    ``(I) that has not enacted or is not 
                                enforcing an open container law 
                                described in subsection (b); and
                                    ``(II) <<NOTE: Determination.>>  for 
                                which the Secretary determined for the 
                                prior fiscal year that the State had not 
                                enacted or was not enforcing an open 
                                container law described in subsection 
                                (b).''; and
            (3) in subparagraph (B), in the matter preceding clause (i), 
        by striking ``subparagraph (A)'' and inserting ``subparagraph 
        (A)(i)''.

    (b) Repeat Intoxicated Driver Laws.--Section 164(b)(2) of title 23, 
United States Code, is amended--
            (1) in the paragraph heading, by striking ``2012'' and 
        inserting ``2022'';
            (2) by striking subparagraph (A) and inserting the 
        following:
                    ``(A) Reservation of funds.--
                          ``(i) <<NOTE: Effective 
                      dates. Certification.>>  In general.--On October 
                      1, 2021, and each October 1 thereafter, in the 
                      case of a State described in clause (ii), the 
                      Secretary shall reserve an amount equal to 2.5 
                      percent of the funds to be apportioned to the 
                      State on that date under each of paragraphs (1) 
                      and (2) of section 104(b) until the State 
                      certifies to the Secretary the means by which the 
                      State will use those reserved funds in accordance 
                      with subparagraphs (A) and (B) of paragraph (1), 
                      and paragraph (3).
                          ``(ii) States described.--A State referred to 
                      in clause (i) is a State--
                                    ``(I) that has not enacted or is not 
                                enforcing a repeat intoxicated driver 
                                law; and
                                    ``(II) <<NOTE: Determination.>>  for 
                                which the Secretary determined for the 
                                prior fiscal year that the State had not 
                                enacted or was not enforcing a repeat 
                                intoxicated driver law.''; and
            (3) in subparagraph (B), in the matter preceding clause (i), 
        by striking ``subparagraph (A)'' and inserting ``subparagraph 
        (A)(i)''.
SEC. 11132. RURAL SURFACE TRANSPORTATION GRANT PROGRAM.

    (a) In General.--Chapter 1 of title 23, United States Code (as 
amended by section 11123(c)(1)), is amended by adding at the end the 
following:
``Sec. 173. <<NOTE: 23 USC 173.>>  Rural surface transportation 
                grant program

    ``(a) Definitions.--In this section:
            ``(1) Program.--The term `program' means the program 
        established under subsection (b)(1).
            ``(2) Rural area.--The term `rural area' means an area that 
        is outside an urbanized area with a population of over 200,000.

    ``(b) Establishment.--

[[Page 135 STAT. 511]]

            ``(1) In general.--The Secretary shall establish a rural 
        surface transportation grant program to provide grants, on a 
        competitive basis, to eligible entities to improve and expand 
        the surface transportation infrastructure in rural areas.
            ``(2) Goals.--The goals of the program shall be--
                    ``(A) to increase connectivity;
                    ``(B) to improve the safety and reliability of the 
                movement of people and freight; and
                    ``(C) to generate regional economic growth and 
                improve quality of life.
            ``(3) Grant administration.--The Secretary may--
                    ``(A) <<NOTE: Review.>>  retain not more than a 
                total of 2 percent of the funds made available to carry 
                out the program and to review applications for grants 
                under the program; and
                    ``(B) <<NOTE: Transfer authority.>>  transfer 
                portions of the funds retained under subparagraph (A) to 
                the relevant Administrators to fund the award and 
                oversight of grants provided under the program.

    ``(c) Eligible Entities.--The Secretary may make a grant under the 
program to--
            ``(1) a State;
            ``(2) a regional transportation planning organization;
            ``(3) a unit of local government;
            ``(4) a Tribal government or a consortium of Tribal 
        governments; and
            ``(5) a multijurisdictional group of entities described in 
        paragraphs (1) through (4).

    ``(d) Applications.--To be eligible to receive a grant under the 
program, an eligible entity shall submit to the Secretary an application 
in such form, at such time, and containing such information as the 
Secretary may require.
    ``(e) Eligible Projects.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Secretary may make a grant under the program only for a project 
        that is--
                    ``(A) a highway, bridge, or tunnel project eligible 
                under section 119(d);
                    ``(B) a highway, bridge, or tunnel project eligible 
                under section 133(b);
                    ``(C) a project eligible under section 202(a);
                    ``(D) a highway freight project eligible under 
                section 167(h)(5);
                    ``(E) a highway safety improvement project, 
                including a project to improve a high risk rural road 
                (as those terms are defined in section 148(a));
                    ``(F) a project on a publicly-owned highway or 
                bridge that provides or increases access to an 
                agricultural, commercial, energy, or intermodal facility 
                that supports the economy of a rural area; or
                    ``(G) a project to develop, establish, or maintain 
                an integrated mobility management system, a 
                transportation demand management system, or on-demand 
                mobility services.
            ``(2) Bundling of eligible projects.--
                    ``(A) In general.--An eligible entity may bundle 2 
                or more similar eligible projects under the program that 
                are--

[[Page 135 STAT. 512]]

                          ``(i) included as a bundled project in a 
                      statewide transportation improvement program under 
                      section 135; and
                          ``(ii) awarded to a single contractor or 
                      consultant pursuant to a contract for engineering 
                      and design or construction between the contractor 
                      and the eligible entity.
                    ``(B) Itemization.--Notwithstanding any other 
                provision of law (including regulations), a bundling of 
                eligible projects under this paragraph may be considered 
                to be a single project, including for purposes of 
                section 135.

    ``(f) Eligible Project Costs.--An eligible entity may use funds from 
a grant under the program for--
            ``(1) development phase activities, including planning, 
        feasibility analysis, revenue forecasting, environmental review, 
        preliminary engineering and design work, and other 
        preconstruction activities; and
            ``(2) construction, reconstruction, rehabilitation, 
        acquisition of real property (including land related to the 
        project and improvements to the land), environmental mitigation, 
        construction contingencies, acquisition of equipment, and 
        operational improvements.

    ``(g) <<NOTE: Determination.>>  Project Requirements.--The Secretary 
may provide a grant under the program to an eligible project only if the 
Secretary determines that the project--
            ``(1) will generate regional economic, mobility, or safety 
        benefits;
            ``(2) will be cost effective;
            ``(3) will contribute to the accomplishment of 1 or more of 
        the national goals under section 150;
            ``(4) is based on the results of preliminary engineering; 
        and
            ``(5) <<NOTE: Deadline.>>  is reasonably expected to begin 
        construction not later than 18 months after the date of 
        obligation of funds for the project.

    ``(h) Additional Considerations.--In providing grants under the 
program, the Secretary shall consider the extent to which an eligible 
project will--
            ``(1) improve the state of good repair of existing highway, 
        bridge, and tunnel facilities;
            ``(2) increase the capacity or connectivity of the surface 
        transportation system and improve mobility for residents of 
        rural areas;
            ``(3) address economic development and job creation 
        challenges, including energy sector job losses in energy 
        communities as identified in the report released in April 2021 
        by the interagency working group established by section 218 of 
        Executive Order 14008 (86 Fed. Reg. 7628 (February 1, 2021));
            ``(4) enhance recreational and tourism opportunities by 
        providing access to Federal land, national parks, national 
        forests, national recreation areas, national wildlife refuges, 
        wilderness areas, or State parks;
            ``(5) contribute to geographic diversity among grant 
        recipients;
            ``(6) utilize innovative project delivery approaches or 
        incorporate transportation technologies;

[[Page 135 STAT. 513]]

            ``(7) <<NOTE: Coordination.>>  coordinate with projects to 
        address broadband infrastructure needs; or
            ``(8) improve access to emergency care, essential services, 
        healthcare providers, or drug and alcohol treatment and 
        rehabilitation resources.

    ``(i) Grant Amount.--Except as provided in subsection (k)(1), a 
grant under the program shall be in an amount that is not less than 
$25,000,000.
    ``(j) Federal Share.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Federal share of the cost of a project carried out with a grant 
        under the program may not exceed 80 percent.
            ``(2) <<NOTE: Determination.>>  Federal share for certain 
        projects.--The Federal share of the cost of an eligible project 
        that furthers the completion of a designated segment of the 
        Appalachian Development Highway System under section 14501 of 
        title 40, or addresses a surface transportation infrastructure 
        need identified for the Denali access system program under 
        section 309 of the Denali Commission Act of 1998 (42 U.S.C. 3121 
        note; Public Law 105-277) shall be up to 100 percent, as 
        determined by the State.
            ``(3) Use of other federal assistance.--Federal assistance 
        other than a grant under the program may be used to satisfy the 
        non-Federal share of the cost of a project carried out with a 
        grant under the program.

    ``(k) Set Asides.--
            ``(1) Small projects.--The Secretary shall use not more than 
        10 percent of the amounts made available for the program for 
        each fiscal year to provide grants for eligible projects in an 
        amount that is less than $25,000,000.
            ``(2) Appalachian development highway system.--The Secretary 
        shall reserve 25 percent of the amounts made available for the 
        program for each fiscal year for eligible projects that further 
        the completion of designated routes of the Appalachian 
        Development Highway System under section 14501 of title 40.
            ``(3) Rural roadway lane departures.--The Secretary shall 
        reserve 15 percent of the amounts made available for the program 
        for each fiscal year to provide grants for eligible projects 
        located in States that have rural roadway fatalities as a result 
        of lane departures that are greater than the average of rural 
        roadway fatalities as a result of lane departures in the United 
        States, based on the latest available data from the Secretary.
            ``(4) Excess funding.--In any fiscal year in which qualified 
        applications for grants under this subsection do not allow for 
        the amounts reserved under paragraphs (1), (2), or (3) to be 
        fully utilized, the Secretary shall use the unutilized amounts 
        to make other grants under the program.

    ``(l) <<NOTE: Deadlines.>>  Congressional Review.--
            ``(1) Notification.--Not less than 60 days before providing 
        a grant under the program, the Secretary shall submit to the 
        Committee on Environment and Public Works of the Senate and the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives--
                    ``(A) <<NOTE: List. Determination.>>  a list of all 
                applications determined to be eligible for a grant by 
                the Secretary;

[[Page 135 STAT. 514]]

                    ``(B) each application proposed to be selected for a 
                grant, including a justification for the selection; and
                    ``(C) <<NOTE: Proposal.>>  proposed grant amounts.
            ``(2) Committee review.--Before the last day of the 60-day 
        period described in paragraph (1), each Committee described in 
        paragraph (1) shall review the list of proposed projects 
        submitted by the Secretary.
            ``(3) Congressional disapproval.--The Secretary may not make 
        a grant or any other obligation or commitment to fund a project 
        under the program if a joint resolution is enacted disapproving 
        funding for the project before the last day of the 60-day period 
        described in paragraph (1).

    ``(m) Transparency.--
            ``(1) <<NOTE: Deadline. Web posting.>>  In general.--Not 
        later than 30 days after providing a grant for a project under 
        the program, the Secretary shall provide to all applicants, and 
        publish on the website of the Department of Transportation, the 
        information described in subsection (l)(1).
            ``(2) Briefing.--The Secretary shall provide, on the request 
        of an eligible entity, the opportunity to receive a briefing to 
        explain any reasons the eligible entity was not selected to 
        receive a grant under the program.

    ``(n) Reports.--
            ``(1) <<NOTE: Web posting.>>  Annual report.--The Secretary 
        shall make available on the website of the Department of 
        Transportation at the end of each fiscal year an annual report 
        that lists each project for which a grant has been provided 
        under the program during that fiscal year.
            ``(2) Comptroller general.--
                    ``(A) Assessment.--The Comptroller General of the 
                United States shall conduct an assessment of the 
                administrative establishment, solicitation, selection, 
                and justification process with respect to the awarding 
                of grants under the program for each fiscal year.
                    ``(B) Report.--Each fiscal year, the Comptroller 
                General shall submit to the Committee on Environment and 
                Public Works of the Senate and the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives a report that describes, for the fiscal 
                year--
                          ``(i) the adequacy and fairness of the process 
                      by which each project was selected, if applicable; 
                      and
                          ``(ii) the justification and criteria used for 
                      the selection of each project, if applicable.

    ``(o) Treatment of Projects.--Notwithstanding any other provision of 
law, a project assisted under this section shall be treated as a project 
on a Federal-aid highway under this chapter.''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code (as amended by section 11123(c)(2)), <<NOTE: 23 USC 
101 prec.>> is amended by inserting after the item relating to section 
172 the following:

``173. Rural surface transportation grant program.''.

SEC. 11133. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.

    Section 217 of title 23, United States Code, is amended--
            (1) in subsection (a)--

[[Page 135 STAT. 515]]

                    (A) by striking ``pedestrian walkways and bicycle'' 
                and inserting ``pedestrian walkways and bicycle and 
                shared micromobility''; and
                    (B) by striking ``safe bicycle use'' and inserting 
                ``safe access for bicyclists and pedestrians'';
            (2) in subsection (d), by striking ``a position'' and 
        inserting ``up to 2 positions'';
            (3) in subsection (e), by striking ``bicycles'' each place 
        it appears and inserting ``pedestrians or bicyclists'';
            (4) in subsection (f), by striking ``and a bicycle'' and 
        inserting ``or a bicycle or shared micromobility''; and
            (5) in subsection (j), by striking paragraph (2) and 
        inserting the following:
            ``(2) Electric bicycle.--
                    ``(A) <<NOTE: Definition.>>  In general.--The term 
                `electric bicycle' means a bicycle--
                          ``(i) equipped with fully operable pedals, a 
                      saddle or seat for the rider, and an electric 
                      motor of less than 750 watts;
                          ``(ii) that can safely share a bicycle 
                      transportation facility with other users of such 
                      facility; and
                          ``(iii) that is a class 1 electric bicycle, 
                      class 2 electric bicycle, or class 3 electric 
                      bicycle.
                    ``(B) Classes of electric bicycles.--
                          ``(i) Class 1 electric bicycle.--For purposes 
                      of subparagraph (A)(iii), the term `class 1 
                      electric bicycle' means an electric bicycle, other 
                      than a class 3 electric bicycle, equipped with a 
                      motor that--
                                    ``(I) provides assistance only when 
                                the rider is pedaling; and
                                    ``(II) ceases to provide assistance 
                                when the speed of the bicycle reaches or 
                                exceeds 20 miles per hour.
                          ``(ii) Class 2 electric bicycle.--For purposes 
                      of subparagraph (A)(iii), the term `class 2 
                      electric bicycle' means an electric bicycle 
                      equipped with a motor that--
                                    ``(I) may be used exclusively to 
                                propel the bicycle; and
                                    ``(II) is not capable of providing 
                                assistance when the speed of the bicycle 
                                reaches or exceeds 20 miles per hour.
                          ``(iii) Class 3 electric bicycle.--For 
                      purposes of subparagraph (A)(iii), the term `class 
                      3 electric bicycle' means an electric bicycle 
                      equipped with a motor that--
                                    ``(I) provides assistance only when 
                                the rider is pedaling; and
                                    ``(II) ceases to provide assistance 
                                when the speed of the bicycle reaches or 
                                exceeds 28 miles per hour.''.
SEC. 11134. RECREATIONAL TRAILS PROGRAM.

    Section 206 of title 23, United States Code, is amended by adding at 
the end the following:
    ``(j) Use of Other Apportioned Funds.--Funds apportioned to a State 
under section 104(b) that are obligated for a recreational trail or a 
related project shall be administered as if the funds were made 
available to carry out this section.''.

[[Page 135 STAT. 516]]

SEC. 11135. <<NOTE: 23 USC 109 note.>>  UPDATES TO MANUAL ON 
                            UNIFORM TRAFFIC CONTROL DEVICES.

    In carrying out the first update to the Manual on Uniform Traffic 
Control Devices under section 109(d)(2) of title 23, United States Code, 
to the greatest extent practicable, the Secretary shall include updates 
necessary to provide for--
            (1) the protection of vulnerable road users (as defined in 
        section 148(a) of title 23, United States Code);
            (2) supporting the safe testing of automated vehicle 
        technology and any preparation necessary for the safe 
        integration of automated vehicles onto public streets;
            (3) appropriate use of variable message signs to enhance 
        public safety;
            (4) the minimum retroreflectivity of traffic control devices 
        and pavement markings; and
            (5) any additional recommendations made by the National 
        Committee on Uniform Traffic Control Devices that have not been 
        incorporated into the Manual on Uniform Traffic Control Devices.

             Subtitle B--Planning and Performance Management

SEC. 11201. TRANSPORTATION PLANNING.

    (a) Metropolitan Transportation Planning.--Section 134 of title 23, 
United States Code, is amended--
            (1) in subsection (d)--
                    (A) in paragraph (3), by adding at the end the 
                following:
                    ``(D) Considerations.--In designating officials or 
                representatives under paragraph (2) for the first time, 
                subject to the bylaws or enabling statute of the 
                metropolitan planning organization, the metropolitan 
                planning organization shall consider the equitable and 
                proportional representation of the population of the 
                metropolitan planning area.''; and
                    (B) in paragraph (7)--
                          (i) by striking ``an existing metropolitan 
                      planning area'' and inserting ``an existing 
                      urbanized area (as defined by the Bureau of the 
                      Census)''; and
                          (ii) by striking ``the existing metropolitan 
                      planning area'' and inserting ``the area'';
            (2) in subsection (g)--
                    (A) in paragraph (1), by striking ``a metropolitan 
                area'' and inserting ``an urbanized area (as defined by 
                the Bureau of the Census)''; and
                    (B) by adding at the end the following:
            ``(4) Coordination between MPOs.--If more than 1 
        metropolitan planning organization is designated within an 
        urbanized area (as defined by the Bureau of the Census) under 
        subsection (d)(7), the metropolitan planning organizations 
        designated within the area shall ensure, to the maximum extent 
        practicable, the consistency of any data used in the planning 
        process, including information used in forecasting travel 
        demand.

[[Page 135 STAT. 517]]

            ``(5) Savings clause.--Nothing in this subsection requires 
        metropolitan planning organizations designated within a single 
        urbanized area to jointly develop planning documents, including 
        a unified long-range transportation plan or unified TIP.'';
            (3) in subsection (i)(6), by adding at the end the 
        following:
                    ``(D) Use of technology.--A metropolitan planning 
                organization may use social media and other web-based 
                tools--
                          ``(i) to further encourage public 
                      participation; and
                          ``(ii) to solicit public feedback during the 
                      transportation planning process.''; and
            (4) in subsection (p), by striking ``paragraphs (5)(D) and 
        (6) of section 104(b) of this title'' and inserting ``section 
        104(b)(6)''.

    (b) Statewide and Nonmetropolitan Transportation Planning.--Section 
135(f)(3) of title 23, United States Code, is amended by adding at the 
end the following:
                    ``(C) Use of technology.--A State may use social 
                media and other web-based tools--
                          ``(i) to further encourage public 
                      participation; and
                          ``(ii) to solicit public feedback during the 
                      transportation planning process.''.

    (c) Conforming Amendment.--Section 135(i) of title 23, United States 
Code, is amended by striking ``paragraphs (5)(D) and (6) of section 
104(b) of this title'' and inserting ``section 104(b)(6)''.
    (d) Housing Coordination.--Section 134 of title 23, United States 
Code, is amended--
            (1) in subsection (a)(1), by inserting ``better connect 
        housing and employment,'' after ``urbanized areas'';
            (2) in subsection (g)(3)(A), by inserting ``housing,'' after 
        ``economic development,'';
            (3) in subsection (h)(1)(E), by inserting ``, housing,'' 
        after ``growth'';
            (4) in subsection (i)--
                    (A) in paragraph (4)(B)--
                          (i) by redesignating clauses (iii) through 
                      (vi) as clauses (iv) through (vii), respectively; 
                      and
                          (ii) by inserting after clause (ii) the 
                      following:
                          ``(iii) assumed distribution of population and 
                      housing;''; and
                    (B) in paragraph (6)(A), by inserting ``affordable 
                housing organizations,'' after ``disabled,''; and
            (5) in subsection (k)--
                    (A) by redesignating paragraphs (4) and (5) as 
                paragraphs (5) and (6), respectively; and
                    (B) by inserting after paragraph (3) the following:
            ``(4) Housing coordination process.--
                    ``(A) In general.--Within a metropolitan planning 
                area serving a transportation management area, the 
                transportation planning process under this section may 
                address the integration of housing, transportation, and 
                economic development strategies through a process that 
                provides for effective integration, based on a 
                cooperatively developed and implemented strategy, of new 
                and existing transportation facilities eligible for 
                funding under this title and chapter 53 of title 49.

[[Page 135 STAT. 518]]

                    ``(B) Coordination in integrated planning process.--
                In carrying out the process described in subparagraph 
                (A), a metropolitan planning organization may--
                          ``(i) <<NOTE: Consultation.>>  consult with--
                                    ``(I) State and local entities 
                                responsible for land use, economic 
                                development, housing, management of road 
                                networks, or public transportation; and
                                    ``(II) other appropriate public or 
                                private entities; and
                          ``(ii) coordinate, to the extent practicable, 
                      with applicable State and local entities to align 
                      the goals of the process with the goals of any 
                      comprehensive housing affordability strategies 
                      established within the metropolitan planning area 
                      pursuant to section 105 of the Cranston-Gonzalez 
                      National Affordable Housing Act (42 U.S.C. 12705) 
                      and plans developed under section 5A of the United 
                      States Housing Act of 1937 (42 U.S.C. 1437c-1).
                    ``(C) Housing coordination plan.--
                          ``(i) In general.--A metropolitan planning 
                      organization serving a transportation management 
                      area may develop a housing coordination plan that 
                      includes projects and strategies that may be 
                      considered in the metropolitan transportation plan 
                      of the metropolitan planning organization.
                          ``(ii) Contents.--A plan described in clause 
                      (i) may--
                                    ``(I) develop regional goals for the 
                                integration of housing, transportation, 
                                and economic development strategies to--
                                            ``(aa) better connect 
                                        housing and employment while 
                                        mitigating commuting times;
                                            ``(bb) align transportation 
                                        improvements with housing needs, 
                                        such as housing supply 
                                        shortages, and proposed housing 
                                        development;
                                            ``(cc) align planning for 
                                        housing and transportation to 
                                        address needs in relationship to 
                                        household incomes within the 
                                        metropolitan planning area;
                                            ``(dd) expand housing and 
                                        economic development within the 
                                        catchment areas of existing 
                                        transportation facilities and 
                                        public transportation services 
                                        when appropriate, including 
                                        higher-density development, as 
                                        locally determined;
                                            ``(ee) manage effects of 
                                        growth of vehicle miles traveled 
                                        experienced in the metropolitan 
                                        planning area related to housing 
                                        development and economic 
                                        development;
                                            ``(ff) increase share of 
                                        households with sufficient and 
                                        affordable access to the 
                                        transportation networks of the 
                                        metropolitan planning area;
                                    ``(II) identify the location of 
                                existing and planned housing and 
                                employment, and transportation options 
                                that connect housing and employment; and

[[Page 135 STAT. 519]]

                                    ``(III) include a comparison of 
                                transportation plans to land use 
                                management plans, including zoning 
                                plans, that may affect road use, public 
                                transportation ridership, and housing 
                                development.''.
SEC. 11202. <<NOTE: Deadline. Time period. 23 USC 134 note.>>  
                            FISCAL CONSTRAINT ON LONG-RANGE 
                            TRANSPORTATION PLANS.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary shall amend section 450.324(f)(11)(v) of title 23, Code of 
Federal Regulations, to ensure that the outer years of a metropolitan 
transportation plan are defined as ``beyond the first 4 years''.
SEC. 11203. STATE HUMAN CAPITAL PLANS.

    (a) In General.--Chapter 1 of title 23, United States Code (as 
amended by section 11132(a)), is amended by adding at the end the 
following:
``Sec. 174. <<NOTE: 23 USC 174.>>  State human capital plans

    ``(a) <<NOTE: Deadline.>>  In General.--Not later than 18 months 
after the date of enactment of this section, the Secretary shall 
encourage each State to develop a voluntary plan, to be known as a 
`human capital plan', that provides for the immediate and long-term 
personnel and workforce needs of the State with respect to the capacity 
of the State to deliver transportation and public infrastructure 
eligible under this title.

    ``(b) Plan Contents.--
            ``(1) In general.--A human capital plan developed by a State 
        under subsection (a) shall, to the maximum extent practicable, 
        take into consideration--
                    ``(A) significant transportation workforce trends, 
                needs, issues, and challenges with respect to the State;
                    ``(B) the human capital policies, strategies, and 
                performance measures that will guide the transportation-
                related workforce investment decisions of the State;
                    ``(C) coordination with educational institutions, 
                industry, organized labor, workforce boards, and other 
                agencies or organizations to address the human capital 
                transportation needs of the State;
                    ``(D) a workforce planning strategy that identifies 
                current and future human capital needs, including the 
                knowledge, skills, and abilities needed to recruit and 
                retain skilled workers in the transportation industry;
                    ``(E) a human capital management strategy that is 
                aligned with the transportation mission, goals, and 
                organizational objectives of the State;
                    ``(F) an implementation system for workforce goals 
                focused on addressing continuity of leadership and 
                knowledge sharing across the State;
                    ``(G) an implementation system that addresses 
                workforce competency gaps, particularly in mission-
                critical occupations;
                    ``(H) in the case of public-private partnerships or 
                other alternative project delivery methods to carry out 
                the transportation program of the State, a description 
                of workforce needs--

[[Page 135 STAT. 520]]

                          ``(i) to ensure that the transportation 
                      mission, goals, and organizational objectives of 
                      the State are fully carried out; and
                          ``(ii) to ensure that procurement methods 
                      provide the best public value;
                    ``(I) a system for analyzing and evaluating the 
                performance of the State department of transportation 
                with respect to all aspects of human capital management 
                policies, programs, and activities; and
                    ``(J) the manner in which the plan will improve the 
                ability of the State to meet the national policy in 
                support of performance management established under 
                section 150.
            ``(2) Planning period.--If a State develops a human capital 
        plan under subsection (a), the plan shall address a 5-year 
        forecast period.

    ``(c) <<NOTE: Time period.>>  Plan Updates.--If a State develops a 
human capital plan under subsection (a), the State shall update the plan 
not less frequently than once every 5 years.

    ``(d) Relationship to Long-range Plan.--
            ``(1) In general.--Subject to paragraph (2), a human capital 
        plan developed by a State under subsection (a) may be developed 
        separately from, or incorporated into, the long-range statewide 
        transportation plan required under section 135.
            ``(2) Effect of section.--Nothing in this section requires a 
        State, or authorizes the Secretary to require a State, to 
        incorporate a human capital plan into the long-range statewide 
        transportation plan required under section 135.

    ``(e) <<NOTE: Records. Web posting.>>  Public Availability.--Each 
State that develops a human capital plan under subsection (a) shall make 
a copy of the plan available to the public in a user-friendly format on 
the website of the State department of transportation.

    ``(f) Savings Provision.--Nothing in this section prevents a State 
from carrying out transportation workforce planning--
            ``(1) not described in this section; or
            ``(2) not in accordance with this section.''.

    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code (as amended by section 11132(b)), <<NOTE: 23 USC 101 
prec.>>  is amended by inserting after the item relating to section 173 
the following:

``174. State human capital plans.''.

SEC. 11204. <<NOTE: 23 USC 134 note.>>  PRIORITIZATION PROCESS 
                            PILOT PROGRAM.

    (a) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' means any 
        of the following:
                    (A) A metropolitan planning organization that serves 
                an area with a population of over 200,000.
                    (B) A State.
            (2) Metropolitan planning organization.--The term 
        ``metropolitan planning organization'' has the meaning given the 
        term in section 134(b) of title 23, United States Code.
            (3) Prioritization process pilot program.--The term 
        ``prioritization process pilot program'' means the pilot program 
        established under subsection (b)(1).

    (b) Establishment.--
            (1) In general.--The Secretary shall establish and solicit 
        applications for a prioritization process pilot program.

[[Page 135 STAT. 521]]

            (2) Purpose.--The purpose of the prioritization process 
        pilot program shall be to support data-driven approaches to 
        planning that, on completion, can be evaluated for public 
        benefit.

    (c) Pilot Program Administration.--
            (1) In general.--An eligible entity participating in the 
        prioritization process pilot program shall--
                    (A) <<NOTE: Consultation.>>  use priority objectives 
                that are developed--
                          (i) in the case of an urbanized area with a 
                      population of over 200,000, by the metropolitan 
                      planning organization that serves the area, in 
                      consultation with the State;
                          (ii) in the case of an urbanized area with a 
                      population of 200,000 or fewer, by the State in 
                      consultation with all metropolitan planning 
                      organizations in the State; and
                          (iii) through a public process that provides 
                      an opportunity for public input;
                    (B) <<NOTE: Assessment.>>  assess and score projects 
                and strategies on the basis of--
                          (i) the contribution and benefits of the 
                      project or strategy to each priority objective 
                      developed under subparagraph (A);
                          (ii) the cost of the project or strategy 
                      relative to the contribution and benefits assessed 
                      and scored under clause (i); and
                          (iii) public support;
                    (C) use the scores assigned under subparagraph (B) 
                to guide project selection in the development of the 
                transportation plan and transportation improvement 
                program; and
                    (D) ensure that the public--
                          (i) <<NOTE: Public comment.>>  has 
                      opportunities to provide public comment on 
                      projects before decisions are made on the 
                      transportation plan and the transportation 
                      improvement program; and
                          (ii) has access to clear reasons why each 
                      project or strategy was selected or not selected.
            (2) Requirements.--An eligible entity that receives a grant 
        under the prioritization process pilot program shall use the 
        funds as described in each of the following, as applicable:
                    (A) Metropolitan transportation planning.--In the 
                case of a metropolitan planning organization that serves 
                an area with a population of over 200,000, the entity 
                shall--
                          (i) develop and implement a publicly 
                      accessible, transparent prioritization process for 
                      the selection of projects for inclusion on the 
                      transportation plan for the metropolitan planning 
                      area under section 134(i) of title 23, United 
                      States Code, and section 5303(i) of title 49, 
                      United States Code, which shall--
                                    (I) <<NOTE: Criteria.>>  include 
                                criteria identified by the metropolitan 
                                planning organization, which may be 
                                weighted to reflect the priority 
                                objectives developed under paragraph 
                                (1)(A), that the metropolitan planning 
                                organization has determined support--

[[Page 135 STAT. 522]]

                                            (aa) factors described in 
                                        section 134(h) of title 23, 
                                        United States Code, and section 
                                        5303(h) of title 49, United 
                                        States Code;
                                            (bb) targets for national 
                                        performance measures under 
                                        section 150(b) of title 23, 
                                        United States Code;
                                            (cc) applicable 
                                        transportation goals in the 
                                        metropolitan planning area or 
                                        State set by the applicable 
                                        transportation agency; and
                                            (dd) priority objectives 
                                        developed under paragraph 
                                        (1)(A);
                                    (II) <<NOTE: Evaluation.>>  evaluate 
                                the outcomes for each proposed project 
                                on the basis of the benefits of the 
                                proposed project with respect to each of 
                                the criteria described in subclause (I) 
                                relative to the cost of the proposed 
                                project; and
                                    (III) <<NOTE: List.>>  use the 
                                evaluation under subclause (II) to 
                                create a ranked list of proposed 
                                projects; and
                          (ii) with respect to the priority list under 
                      section 134(j)(2)(A) of title 23 and section 
                      5303(j)(2)(A) of title 49, United States Code, 
                      include projects according to the rank of the 
                      project under clause (i)(III), except as provided 
                      in subparagraph (D).
                    (B) Statewide transportation planning.--In the case 
                of a State, the State shall--
                          (i) develop and implement a publicly 
                      accessible, transparent process for the selection 
                      of projects for inclusion on the long-range 
                      statewide transportation plan under section 135(f) 
                      of title 23, United States Code, which shall--
                                    (I) <<NOTE: Criteria.>>  include 
                                criteria identified by the State, which 
                                may be weighted to reflect statewide 
                                priorities, that the State has 
                                determined support--
                                            (aa) factors described in 
                                        section 135(d) of title 23, 
                                        United States Code, and section 
                                        5304(d) of title 49, United 
                                        States Code;
                                            (bb) national transportation 
                                        goals under section 150(b) of 
                                        title 23, United States Code;
                                            (cc) applicable 
                                        transportation goals in the 
                                        State; and
                                            (dd) the priority objectives 
                                        developed under paragraph 
                                        (1)(A);
                                    (II) <<NOTE: Evaluation.>>  evaluate 
                                the outcomes for each proposed project 
                                on the basis of the benefits of the 
                                proposed project with respect to each of 
                                the criteria described in subclause (I) 
                                relative to the cost of the proposed 
                                project; and
                                    (III) <<NOTE: List.>>  use the 
                                evaluation under subclause (II) to 
                                create a ranked list of proposed 
                                projects; and
                          (ii) with respect to the statewide 
                      transportation improvement program under section 
                      135(g) of title 23, United States Code, and 
                      section 5304(g) of title 49, United States Code, 
                      include projects according to the rank of the 
                      project under clause (i)(III), except as provided 
                      in subparagraph (D).
                    (C) Additional transportation planning.--If the 
                eligible entity has implemented, and has in effect, the

[[Page 135 STAT. 523]]

                requirements under subparagraph (A) or (B), as 
                applicable, the eligible entity may use any remaining 
                funds from a grant provided under the pilot program for 
                any transportation planning purpose.
                    (D) <<NOTE: Public information.>>  Exceptions to 
                priority ranking.--In the case of any project that the 
                eligible entity chooses to include or not include in the 
                transportation improvement program under section 134(j) 
                of title 23, United States Code, or the statewide 
                transportation improvement program under section 135(g) 
                of title 23, United States Code, as applicable, in a 
                manner that is contrary to the priority ranking for that 
                project established under subparagraph (A)(i)(III) or 
                (B)(i)(III), the eligible entity shall make publicly 
                available an explanation for the decision, including--
                          (i) <<NOTE: Review.>>  a review of public 
                      comments regarding the project;
                          (ii) <<NOTE: Evaluation.>>  an evaluation of 
                      public support for the project;
                          (iii) <<NOTE: Assessment.>>  an assessment of 
                      geographic balance of projects of the eligible 
                      entity; and
                          (iv) the number of projects of the eligible 
                      entity in economically distressed areas.
            (3) Maximum amount.--The maximum amount of a grant under the 
        prioritization process pilot program is $2,000,000.

    (d) Applications.--To be eligible to participate in the 
prioritization process pilot program, an eligible entity shall submit to 
the Secretary an application at such time, in such manner, and 
containing such information as the Secretary may require.
SEC. 11205. <<NOTE: 23 USC 134 note.>>  TRAVEL DEMAND DATA AND 
                            MODELING.

    (a) Definition of Metropolitan Planning Organization.--In this 
section, the term ``metropolitan planning organization'' has the meaning 
given the term in section 134(b) of title 23, United States Code.
    (b) Study.--
            (1) <<NOTE: Deadline. Time period.>>  In general.--Not later 
        than 2 years after the date of enactment of this Act, and not 
        less frequently than once every 5 years thereafter, the 
        Secretary shall carry out a study that--
                    (A) gathers travel data and travel demand forecasts 
                from a representative sample of States and metropolitan 
                planning organizations;
                    (B) uses the data and forecasts gathered under 
                subparagraph (A) to compare travel demand forecasts with 
                the observed data, including--
                          (i) traffic counts;
                          (ii) travel mode share and public transit 
                      ridership; and
                          (iii) vehicle occupancy measures; and
                    (C) uses the information described in subparagraphs 
                (A) and (B)--
                          (i) to develop best practices or guidance for 
                      States and metropolitan planning organizations to 
                      use in forecasting travel demand for future 
                      investments in transportation improvements;
                          (ii) <<NOTE: Evaluation.>>  to evaluate the 
                      impact of transportation investments, including 
                      new roadway capacity, on travel

[[Page 135 STAT. 524]]

                      behavior and travel demand, including public 
                      transportation ridership, induced highway travel, 
                      and congestion;
                          (iii) to support more accurate travel demand 
                      forecasting by States and metropolitan planning 
                      organizations; and
                          (iv) to enhance the capacity of States and 
                      metropolitan planning organizations--
                                    (I) to forecast travel demand; and
                                    (II) to track observed travel 
                                behavior responses, including induced 
                                travel, to changes in transportation 
                                capacity, pricing, and land use 
                                patterns.
            (2) Secretarial support.--The Secretary shall seek 
        opportunities to support the transportation planning processes 
        under sections 134 and 135 of title 23, United States Code, 
        through the provision of data to States and metropolitan 
        planning organizations to improve the quality of plans, models, 
        and forecasts described in this subsection.
            (3) <<NOTE: Public information.>>  Evaluation tool.--The 
        Secretary shall develop a publicly available multimodal web-
        based tool for the purpose of enabling States and metropolitan 
        planning organizations to evaluate the effect of investments in 
        highway and public transportation projects on the use and 
        conditions of all transportation assets within the State or area 
        served by the metropolitan planning organization, as applicable.
SEC. 11206. <<NOTE: 23 USC 134 note.>>  INCREASING SAFE AND 
                            ACCESSIBLE TRANSPORTATION OPTIONS.

    (a) Definition of Complete Streets Standards or Policies.--In this 
section, the term ``Complete Streets standards or policies'' means 
standards or policies that ensure the safe and adequate accommodation of 
all users of the transportation system, including pedestrians, 
bicyclists, public transportation users, children, older individuals, 
individuals with disabilities, motorists, and freight vehicles.
    (b) Funding Requirement.--Notwithstanding any other provision of 
law, each State and metropolitan planning organization shall use to 
carry out 1 or more activities described in subsection (c)--
            (1) in the case of a State, not less than 2.5 percent of the 
        amounts made available to the State to carry out section 505 of 
        title 23, United States Code; and
            (2) in the case of a metropolitan planning organization, not 
        less than 2.5 percent of the amounts made available to the 
        metropolitan planning organization under section 104(d) of title 
        23, United States Code.

    (c) Activities Described.--An activity referred to in subsection (b) 
is an activity to increase safe and accessible options for multiple 
travel modes for people of all ages and abilities, which, if permissible 
under applicable State and local laws, may include--
            (1) adoption of Complete Streets standards or policies;
            (2) development of a Complete Streets prioritization plan 
        that identifies a specific list of Complete Streets projects to 
        improve the safety, mobility, or accessibility of a street;
            (3) development of transportation plans--

[[Page 135 STAT. 525]]

                    (A) to create a network of active transportation 
                facilities, including sidewalks, bikeways, or pedestrian 
                and bicycle trails, to connect neighborhoods with 
                destinations such as workplaces, schools, residences, 
                businesses, recreation areas, healthcare and child care 
                services, or other community activity centers;
                    (B) to integrate active transportation facilities 
                with public transportation service or improve access to 
                public transportation;
                    (C) to create multiuse active transportation 
                infrastructure facilities, including bikeways or 
                pedestrian and bicycle trails, that make connections 
                within or between communities;
                    (D) to increase public transportation ridership; and
                    (E) to improve the safety of bicyclists and 
                pedestrians;
            (4) regional and megaregional planning to address travel 
        demand and capacity constraints through alternatives to new 
        highway capacity, including through intercity passenger rail; 
        and
            (5) development of transportation plans and policies that 
        support transit-oriented development.

    (d) <<NOTE: Determination.>>  Federal Share.--The Federal share of 
the cost of an activity carried out under this section shall be 80 
percent, unless the Secretary determines that the interests of the 
Federal-aid highway program would be best served by decreasing or 
eliminating the non-Federal share.

    (e) <<NOTE: Deadline.>>  State Flexibility.--A State or metropolitan 
planning organization, with the approval of the Secretary, may opt out 
of the requirements of this section if the State or metropolitan 
planning organization demonstrates to the Secretary, by not later than 
30 days before the Secretary apportions funds for a fiscal year under 
section 104, that the State or metropolitan planning organization--
            (1) has Complete Streets standards and policies in place; 
        and
            (2) has developed an up-to-date Complete Streets 
        prioritization plan as described in subsection (c)(2).

          Subtitle C--Project Delivery and Process Improvement

SEC. 11301. CODIFICATION OF ONE FEDERAL DECISION.

    (a) In General.--Section 139 of title 23, United States Code, is 
amended--
            (1) in the section heading, by striking ``decisionmaking'' 
        and inserting ``decisionmaking and One Federal Decision'';
            (2) in subsection (a)--
                    (A) by redesignating paragraphs (2) through (8) as 
                paragraphs (4), (5), (6), (8), (9), (10), and (11), 
                respectively;
                    (B) <<NOTE: Definitions.>>  by inserting after 
                paragraph (1) the following:
            ``(2) Authorization.--The term `authorization' means any 
        environmental license, permit, approval, finding, or other 
        administrative decision related to the environmental review 
        process that is required under Federal law to site, construct, 
        or reconstruct a project.

[[Page 135 STAT. 526]]

            ``(3) Environmental document.--The term `environmental 
        document' includes an environmental assessment, finding of no 
        significant impact, notice of intent, environmental impact 
        statement, or record of decision under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).'';
                    (C) in subparagraph (B) of paragraph (5) (as so 
                redesignated), by striking ``process for and completion 
                of any environmental permit'' and inserting ``process 
                and schedule, including a timetable for and completion 
                of any environmental permit''; and
                    (D) by inserting after paragraph (6) (as so 
                redesignated) the following:
            ``(7) <<NOTE: Definitions.>>  Major project.--
                    ``(A) In general.--The term `major project' means a 
                project for which--
                          ``(i) multiple permits, approvals, reviews, or 
                      studies are required under a Federal law other 
                      than the National Environmental Policy Act of 1969 
                      (42 U.S.C. 4321 et seq.);
                          ``(ii) the project sponsor has identified the 
                      reasonable availability of funds sufficient to 
                      complete the project;
                          ``(iii) the project is not a covered project 
                      (as defined in section 41001 of the FAST Act (42 
                      U.S.C. 4370m)); and
                          ``(iv)(I) <<NOTE: Determinations.>>  the head 
                      of the lead agency has determined that an 
                      environmental impact statement is required; or
                          ``(II) the head of the lead agency has 
                      determined that an environmental assessment is 
                      required, and the project sponsor requests that 
                      the project be treated as a major project.
                    ``(B) Clarification.--In this section, the term 
                `major project' does not have the same meaning as the 
                term `major project' as described in section 106(h).'';
            (3) in subsection (b)(1)--
                    (A) by inserting ``, including major projects,'' 
                after ``all projects''; and
                    (B) by inserting ``as requested by a project sponsor 
                and'' after ``applied,'';
            (4) in subsection (c)--
                    (A) in paragraph (6)--
                          (i) in subparagraph (B), by striking ``and'' 
                      at the end;
                          (ii) in subparagraph (C), by striking the 
                      period at the end and inserting ``; and''; and
                          (iii) by adding at the end the following:
                    ``(D) to calculate annually the average time taken 
                by the lead agency to complete all environmental 
                documents for each project during the previous fiscal 
                year.''; and
                    (B) by adding at the end the following:
            ``(7) Process improvements for projects.--
                    ``(A) <<NOTE: Reviews.>>  In general.--The Secretary 
                shall review--
                          ``(i) existing practices, procedures, rules, 
                      regulations, and applicable laws to identify 
                      impediments to meeting the requirements applicable 
                      to projects under this section; and

[[Page 135 STAT. 527]]

                          ``(ii) best practices, programmatic 
                      agreements, and potential changes to internal 
                      departmental procedures that would facilitate an 
                      efficient environmental review process for 
                      projects.
                    ``(B) Consultation.--In conducting the review under 
                subparagraph (A), the Secretary shall consult, as 
                appropriate, with the heads of other Federal agencies 
                that participate in the environmental review process.
                    ``(C) Report.--Not later than 2 years after the date 
                of enactment of the Surface Transportation 
                Reauthorization Act of 2021, the Secretary shall submit 
                to the Committee on Environment and Public Works of the 
                Senate and the Committee on Transportation and 
                Infrastructure of the House of Representatives a report 
                that includes--
                          ``(i) the results of the review under 
                      subparagraph (A); and
                          ``(ii) <<NOTE: Analysis.>>  an analysis of 
                      whether additional funding would help the 
                      Secretary meet the requirements applicable to 
                      projects under this section.'';
            (5) in subsection (d)--
                    (A) in paragraph (8)--
                          (i) in the paragraph heading, by striking 
                      ``NEPA'' and inserting ``environmental'';
                          (ii) in subparagraph (A)--
                                    (I) by inserting ``and except as 
                                provided in subparagraph (D)'' after 
                                ``paragraph (7)'';
                                    (II) by striking ``permits'' and 
                                inserting ``authorizations''; and
                                    (III) by striking ``single 
                                environment document'' and inserting 
                                ``single environmental document for each 
                                kind of environmental document'';
                          (iii) in subparagraph (B)(i)--
                                    (I) by striking ``an environmental 
                                document'' and inserting ``environmental 
                                documents''; and
                                    (II) by striking ``permits issued'' 
                                and inserting ``authorizations''; and
                          (iv) by adding at the end the following:
                    ``(D) <<NOTE: Waiver authority.>>  Exceptions.--The 
                lead agency may waive the application of subparagraph 
                (A) with respect to a project if--
                          ``(i) the project sponsor requests that 
                      agencies issue separate environmental documents;
                          ``(ii) the obligations of a cooperating agency 
                      or participating agency under the National 
                      Environmental Policy Act of 1969 (42 U.S.C. 4321 
                      et seq.) have already been satisfied with respect 
                      to the project; or
                          ``(iii) <<NOTE: Determination.>>  the lead 
                      agency determines that reliance on a single 
                      environmental document (as described in 
                      subparagraph (A)) would not facilitate timely 
                      completion of the environmental review process for 
                      the project.''; and
                    (B) by adding at the end the following:
            ``(10) Timely authorizations for major projects.--
                    ``(A) Deadline.--Except as provided in subparagraph 
                (C), all authorization decisions necessary for the 
                construction of a major project shall be completed by 
                not later

[[Page 135 STAT. 528]]

                than 90 days after the date of the issuance of a record 
                of decision for the major project.
                    ``(B) Detail.--The final environmental impact 
                statement for a major project shall include an adequate 
                level of detail to inform decisions necessary for the 
                role of the participating agencies and cooperating 
                agencies in the environmental review process.
                    ``(C) Extension of deadline.--The head of the lead 
                agency may extend the deadline under subparagraph (A) 
                if--
                          ``(i) Federal law prohibits the lead agency or 
                      another agency from issuing an approval or permit 
                      within the period described in that subparagraph;
                          ``(ii) the project sponsor requests that the 
                      permit or approval follow a different timeline; or
                          ``(iii) an extension would facilitate 
                      completion of the environmental review and 
                      authorization process of the major project.'';
            (6) in subsection (g)(1)--
                    (A) in subparagraph (B)--
                          (i) in clause (ii)(IV), by striking ``schedule 
                      for and cost of'' and inserting ``time required by 
                      an agency to conduct an environmental review and 
                      make decisions under applicable Federal law 
                      relating to a project (including the issuance or 
                      denial of a permit or license) and the cost of''; 
                      and
                          (ii) by adding at the end the following:
                          ``(iii) <<NOTE: Time period.>>  Major project 
                      schedule.--To the maximum extent practicable and 
                      consistent with applicable Federal law, in the 
                      case of a major project, the lead agency shall 
                      develop, in concurrence with the project sponsor, 
                      a schedule for the major project that is 
                      consistent with an agency average of not more than 
                      2 years for the completion of the environmental 
                      review process for major projects, as measured 
                      from, as applicable--
                                    ``(I) the date of publication of a 
                                notice of intent to prepare an 
                                environmental impact statement to the 
                                record of decision; or
                                    ``(II) <<NOTE: Determination.>>  the 
                                date on which the head of the lead 
                                agency determines that an environmental 
                                assessment is required to a finding of 
                                no significant impact.'';
                    (B) by striking subparagraph (D) and inserting the 
                following:
                    ``(D) Modification.--
                          ``(i) In general.--Except as provided in 
                      clause (ii), the lead agency may lengthen or 
                      shorten a schedule established under subparagraph 
                      (B) for good cause.
                          ``(ii) Exceptions.--
                                    ``(I) <<NOTE: Time period.>>  Major 
                                projects.--In the case of a major 
                                project, the lead agency may lengthen a 
                                schedule under clause (i) for a 
                                cooperating Federal agency by not more 
                                than 1 year after the latest deadline 
                                established for the major project by the 
                                lead agency.
                                    ``(II) Shortened schedules.--The 
                                lead agency may not shorten a schedule 
                                under clause

[[Page 135 STAT. 529]]

                                (i) if doing so would impair the ability 
                                of a cooperating Federal agency to 
                                conduct necessary analyses or otherwise 
                                carry out relevant obligations of the 
                                Federal agency for the project.'';
                    (C) by redesignating subparagraph (E) as 
                subparagraph (F); and
                    (D) by inserting after subparagraph (D) the 
                following:
                    ``(E) Failure to meet deadline.--If a cooperating 
                Federal agency fails to meet a deadline established 
                under subparagraph (D)(ii)(I)--
                          ``(i) <<NOTE: Reports.>>  the cooperating 
                      Federal agency shall submit to the Secretary a 
                      report that describes the reasons why the deadline 
                      was not met; and
                          ``(ii) the Secretary shall--
                                    ``(I) <<NOTE: Records.>>  transmit 
                                to the Committee on Environment and 
                                Public Works of the Senate and the 
                                Committee on Transportation and 
                                Infrastructure of the House of 
                                Representatives a copy of the report 
                                under clause (i); and
                                    ``(II) <<NOTE: Public 
                                information. Web posting.>>  make the 
                                report under clause (i) publicly 
                                available on the internet.'';
            (7) in subsection (n), by adding at the end the following:
            ``(3) Length of environmental document.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law and except as provided in subparagraph 
                (B), to the maximum extent practicable, the text of the 
                items described in paragraphs (4) through (6) of section 
                1502.10(a) of title 40, Code of Federal Regulations (or 
                successor regulations), of an environmental impact 
                statement for a project shall be 200 pages or fewer.
                    ``(B) Exemption.--An environmental impact statement 
                for a project may exceed 200 pages, if the lead agency 
                establishes a new page limit for the environmental 
                impact statement for that project.''; and
            (8) by adding at the end the following:

    ``(p) Accountability and Reporting for Major Projects.--
            ``(1) In general.--The Secretary shall establish a 
        performance accountability system to track each major project.
            ``(2) Requirements.--The performance accountability system 
        under paragraph (1) shall, for each major project, track, at a 
        minimum--
                    ``(A) the environmental review process for the major 
                project, including the project schedule;
                    ``(B) whether the lead agency, cooperating agencies, 
                and participating agencies are meeting the schedule 
                established for the environmental review process; and
                    ``(C) the time taken to complete the environmental 
                review process.

    ``(q) Development of Categorical Exclusions.--
            ``(1) <<NOTE: Deadline. Time period.>>  In general.--Not 
        later than 60 days after the date of enactment of this 
        subsection, and every 4 years thereafter, the Secretary shall--
                    ``(A) <<NOTE: Consultation.>>  in consultation with 
                the agencies described in paragraph (2), identify the 
                categorical exclusions described in section 771.117 of 
                title 23, Code of Federal Regulations (or successor 
                regulations), that would accelerate delivery

[[Page 135 STAT. 530]]

                of a project if those categorical exclusions were 
                available to those agencies;
                    ``(B) collect existing documentation and 
                substantiating information on the categorical exclusions 
                described in subparagraph (A); and
                    ``(C) provide to each agency described in paragraph 
                (2)--
                          ``(i) <<NOTE: List.>>  a list of the 
                      categorical exclusions identified under 
                      subparagraph (A); and
                          ``(ii) the documentation and substantiating 
                      information under subparagraph (B).
            ``(2) Agencies described.--The agencies referred to in 
        paragraph (1) are--
                    ``(A) the Department of the Interior;
                    ``(B) the Department of the Army;
                    ``(C) the Department of Commerce;
                    ``(D) the Department of Agriculture;
                    ``(E) the Department of Energy;
                    ``(F) the Department of Defense; and
                    ``(G) any other Federal agency that has participated 
                in an environmental review process for a project, as 
                determined by the Secretary.
            ``(3) Adoption of categorical exclusions.--
                    
                ``(A) <<NOTE: Deadline. Publication. Notice. Regulations.
                >>  In general.--Not later than 1 year after the date on 
                which the Secretary provides a list under paragraph 
                (1)(C), an agency described in paragraph (2) shall 
                publish a notice of proposed rulemaking to propose any 
                categorical exclusions from the list applicable to the 
                agency, subject to the condition that the categorical 
                exclusion identified under paragraph (1)(A) meets the 
                criteria for a categorical exclusion under section 
                1508.1 of title 40, Code of Federal Regulations (or 
                successor regulations).
                    ``(B) Public comment.--In a notice of proposed 
                rulemaking under subparagraph (A), the applicable agency 
                may solicit comments on whether any of the proposed new 
                categorical exclusions meet the criteria for a 
                categorical exclusion under section 1508.1 of title 40, 
                Code of Federal Regulations (or successor 
                regulations).''.

    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, <<NOTE: 23 USC 101 prec.>>  is amended by striking 
the item relating to section 139 and inserting the following:

``139. Efficient environmental reviews for project decisionmaking and 
           One Federal Decision.''.

SEC. 11302. <<NOTE: Time period. 23 USC 401 note.>>  WORK ZONE 
                            PROCESS REVIEWS.

    The Secretary shall amend section 630.1008(e) of title 23, Code of 
Federal Regulations, to ensure that the work zone process review under 
that subsection is required not more frequently than once every 5 years.
SEC. 11303. <<NOTE: Time period. 23 USC 401 note.>>  
                            TRANSPORTATION MANAGEMENT PLANS.

    (a) In General.--The Secretary shall amend section 630.1010(c) of 
title 23, Code of Federal Regulations, to ensure that only a project 
described in that subsection with a lane closure for 3 or more 
consecutive days shall be considered to be a significant project for 
purposes of that section.

[[Page 135 STAT. 531]]

    (b) Non-Interstate Projects.--Notwithstanding any other provision of 
law, a State shall not be required to develop or implement a 
transportation management plan (as described in section 630.1012 of 
title 23, Code of Federal Regulations (or successor regulations)) for a 
highway project not on the Interstate System if the project requires not 
more than 3 consecutive days of lane closures.
SEC. 11304. <<NOTE: 23 USC 502 note.>>  INTELLIGENT TRANSPORTATION 
                            SYSTEMS.

    (a) In General.--The Secretary shall develop guidance for using 
existing flexibilities with respect to the systems engineering analysis 
described in part 940 of title 23, Code of Federal Regulations (or 
successor regulations).
    (b) Implementation.--The Secretary shall ensure that any guidance 
developed under subsection (a)--
            (1) <<NOTE: Criteria.>>  clearly identifies criteria for 
        low-risk and exempt intelligent transportation systems projects, 
        with a goal of minimizing unnecessary delay or paperwork burden;
            (2) is consistently implemented by the Department 
        nationwide; and
            (3) is disseminated to Federal-aid recipients.

    (c) Savings Provision.--Nothing in this section prevents the 
Secretary from amending part 940 of title 23, Code of Federal 
Regulations (or successor regulations), to reduce State administrative 
burdens.
SEC. 11305. ALTERNATIVE CONTRACTING METHODS.

    (a) Alternative Contracting Methods for Federal Land Management 
Agencies and Tribal Governments.--Section 201 of title 23, United States 
Code, is amended by adding at the end the following:
    ``(f) Alternative Contracting Methods.--
            ``(1) In general.--Notwithstanding any other provision of 
        law (including the Federal Acquisition Regulation), a 
        contracting method available to a State under this title may be 
        used by the Secretary, on behalf of--
                    ``(A) a Federal land management agency, in using any 
                funds pursuant to section 203, 204, or 308;
                    ``(B) a Federal land management agency, in using any 
                funds pursuant to section 1535 of title 31 for any of 
                the eligible uses described in sections 203(a)(1) and 
                204(a)(1) and paragraphs (1) and (2) of section 308(a); 
                or
                    ``(C) a Tribal government, in using funds pursuant 
                to section 202(b)(7)(D).
            ``(2) Methods described.--The contracting methods referred 
        to in paragraph (1) shall include, at a minimum--
                    ``(A) project bundling;
                    ``(B) bridge bundling;
                    ``(C) design-build contracting;
                    ``(D) 2-phase contracting;
                    ``(E) long-term concession agreements; and
                    ``(F) any method tested, or that could be tested, 
                under an experimental program relating to contracting 
                methods carried out by the Secretary.
            ``(3) Effect.--Nothing in this subsection--
                    ``(A) affects the application of the Federal share 
                for the project carried out with a contracting method 
                under this subsection; or

[[Page 135 STAT. 532]]

                    ``(B) modifies the point of obligation of Federal 
                salaries and expenses.''.

    (b) Cooperation With Federal and State Agencies and Foreign 
Countries.--Section 308(a) of title 23, United States Code, is amended 
by adding at the end the following:
            ``(4) Alternative contracting methods.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law (including the Federal Acquisition 
                Regulation), in performing services under paragraph (1), 
                the Secretary may use any contracting method available 
                to a State under this title.
                    ``(B) Methods described.--The contracting methods 
                referred to in subparagraph (A) shall include, at a 
                minimum--
                          ``(i) project bundling;
                          ``(ii) bridge bundling;
                          ``(iii) design-build contracting;
                          ``(iv) 2-phase contracting;
                          ``(v) long-term concession agreements; and
                          ``(vi) any method tested, or that could be 
                      tested, under an experimental program relating to 
                      contracting methods carried out by the 
                      Secretary.''.

    (c) <<NOTE: 23 USC 201 note.>>  Use of Alternative Contracting 
Methods.--In carrying out an alternative contracting method under 
section 201(f) or 308(a)(4) of title 23, United States Code, the 
Secretary shall--
            (1) <<NOTE: Consultation. Procedures.>>  in consultation 
        with the applicable Federal land management agencies, establish 
        clear procedures that are--
                    (A) applicable to the alternative contracting 
                method; and
                    (B) to the maximum extent practicable, consistent 
                with the requirements applicable to Federal procurement 
                transactions;
            (2) solicit input on the use of the alternative contracting 
        method from the affected industry prior to using the method; and
            (3) <<NOTE: Analysis. Evaluation.>>  analyze and prepare an 
        evaluation of the use of the alternative contracting method.
SEC. 11306. FLEXIBILITY FOR PROJECTS.

    Section 1420 of the FAST Act (23 U.S.C. 101 note; Public Law 114-94) 
is amended--
            (1) <<NOTE: Determination.>>  in subsection (a), by striking 
        ``and on request by a State, the Secretary may'' in the matter 
        preceding paragraph (1) and all that follows through the period 
        at the end of paragraph (2) and inserting the following: ``, on 
        request by a State, and if in the public interest (as determined 
        by the Secretary), the Secretary shall exercise all existing 
        flexibilities under--
            ``(1) the requirements of title 23, United States Code; and
            ``(2) other requirements administered by the Secretary, in 
        whole or in part.''; and
            (2) in subsection (b)(2)(A), by inserting ``(including 
        regulations)'' after ``environmental law''.
SEC. 11307. IMPROVED FEDERAL-STATE STEWARDSHIP AND OVERSIGHT 
                            AGREEMENTS.

    (a) <<NOTE: 23 USC 106 note.>>  Definition of Template.--In this 
section, the term ``template'' means a template created by the Secretary 
for Federal-State stewardship and oversight agreements that--

[[Page 135 STAT. 533]]

            (1) includes all standard terms found in stewardship and 
        oversight agreements, including any terms in an attachment to 
        the agreement;
            (2) is developed in accordance with section 106 of title 23, 
        United States Code, or any other applicable authority; and
            (3) may be developed with consideration of relevant 
        regulations, guidance, or policies.

    (b) Request for Comment.--
            (1) <<NOTE: Deadline. Federal 
        Register, publication. Notice.>>  In general.--Not later than 60 
        days after the date of enactment of this Act, the Secretary 
        shall publish in the Federal Register the template and a notice 
        requesting public comment on ways to improve the template.
            (2) Comment period.--The Secretary shall provide a period of 
        not less than 60 days for public comment on the notice under 
        paragraph (1).
            (3) Certain issues.--The notice under paragraph (1) shall 
        allow comment on any aspect of the template and shall 
        specifically request public comment on--
                    (A) whether the template should be revised to delete 
                standard terms requiring approval by the Secretary of 
                the policies, procedures, processes, or manuals of the 
                States, or other State actions, if Federal law 
                (including regulations) does not specifically require an 
                approval;
                    (B) opportunities to modify the template to allow 
                adjustments to the review schedules for State practices 
                or actions, including through risk-based approaches, 
                program reviews, process reviews, or other means; and
                    (C) any other matters that the Secretary determines 
                to be appropriate.

    (c) Notice of Action; Updates.--
            (1) <<NOTE: Deadline. Federal Register, publication.>>  In 
        general.--Not later than 1 year after the date of enactment of 
        this Act, after considering the comments received in response to 
        the Federal Register notice under subsection (b), the Secretary 
        shall publish in the Federal Register a notice that--
                    (A) describes any proposed changes to be made, and 
                any alternatives to such changes, to the template;
                    (B) addresses comments in response to which changes 
                were not made to the template; and
                    (C) <<NOTE: Schedule. Plan.>>  prescribes a schedule 
                and a plan to execute a process for implementing the 
                changes referred to in subparagraph (A).
            (2) Approval requirements.--In addressing comments under 
        paragraph (1)(B), the Secretary shall include an explanation of 
        the basis for retaining any requirement for approval of State 
        policies, procedures, processes, or manuals, or other State 
        actions, if Federal law (including regulations) does not 
        specifically require the approval.
            (3) <<NOTE: Deadlines.>>  Implementation.--
                    (A) In general.--Not later than 60 days after the 
                date on which the notice under paragraph (1) is 
                published, the Secretary shall make changes to the 
                template in accordance with--
                          (i) the changes described in the notice under 
                      paragraph (1)(A); and

[[Page 135 STAT. 534]]

                          (ii) the schedule and plan described in the 
                      notice under paragraph (1)(C).
                    (B) Updates.--Not later than 1 year after the date 
                on which the revised template under subparagraph (A) is 
                published, the Secretary shall update existing 
                agreements with States according to the template updated 
                under subparagraph (A).

    (d) Inclusion of Non-standard Terms.--Nothing in this section 
precludes the inclusion in a Federal-State stewardship and oversight 
agreement of non-standard terms to address a State-specific matter, 
including risk-based stewardship and Department oversight involvement in 
individual projects of division interest.
    (e) Compliance With Non-statutory Terms.--
            (1) In general.--The Secretary shall not enforce or 
        otherwise require a State to comply with approval requirements 
        that are not required by Federal law (including regulations) in 
        a Federal-State stewardship and oversight agreement.
            (2) Approval authority.--Notwithstanding any other provision 
        of law, the Secretary shall not assert approval authority over 
        any matter in a Federal-State stewardship and oversight 
        agreement reserved to States.

    (f) Frequency of Reviews.--Section 106(g)(3) of title 23, United 
States Code, is amended--
            (1) by striking ``annual'';
            (2) by striking ``The Secretary'' and inserting the 
        following:
                    ``(A) In general.--The Secretary''; and
            (3) by adding at the end the following:
                    ``(B) <<NOTE: Determinations.>>  Frequency.--
                          ``(i) In general.--Except as provided in 
                      clauses (ii) and (iii), the Secretary shall carry 
                      out a review under subparagraph (A) not less 
                      frequently than once every 2 years.
                          ``(ii) Consultation with state.--The 
                      Secretary, after consultation with a State, may 
                      make a determination to carry out a review under 
                      subparagraph (A) for that State less frequently 
                      than provided under clause (i).
                          ``(iii) Cause.--If the Secretary determines 
                      that there is a specific reason to require a 
                      review more frequently than provided under clause 
                      (i) with respect to a State, the Secretary may 
                      carry out a review more frequently than provided 
                      under that clause.''.
SEC. 11308. <<NOTE: 49 USC 301 note.>>  GEOMATIC DATA.

    (a) In General.--The Secretary shall develop guidance for the 
acceptance and use of information obtained from a non-Federal entity 
through geomatic techniques, including remote sensing and land 
surveying, cartography, geographic information systems, global 
navigation satellite systems, photogrammetry, or other remote means.
    (b) Considerations.--In carrying out this section, the Secretary 
shall ensure that acceptance or use of information described in 
subsection (a) meets the data quality and operational requirements of 
the Secretary.
    (c) Public Comment.--Before issuing any final guidance under 
subsection (a), the Secretary shall provide to the public--
            (1) <<NOTE: Notice.>>  notice of the proposed guidance; and

[[Page 135 STAT. 535]]

            (2) an opportunity to comment on the proposed guidance.

    (d) Savings Clause.--Nothing in this section--
            (1) requires the Secretary to accept or use information that 
        the Secretary determines does not meet the guidance developed 
        under this section; or
            (2) changes the current statutory or regulatory requirements 
        of the Department.
SEC. 11309. EVALUATION OF PROJECTS WITHIN AN OPERATIONAL RIGHT-OF-
                            WAY.

    (a) In General.--Chapter 3 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 331. <<NOTE: 23 USC 331.>>  Evaluation of projects within 
                an operational right-of-way

    ``(a) Definitions.--
            ``(1) Eligible project or activity.--
                    ``(A) In general.--In this section, the term 
                `eligible project or activity' means a project or 
                activity within an existing operational right-of-way (as 
                defined in section 771.117(c)(22) of title 23, Code of 
                Federal Regulations (or successor regulations))--
                          ``(i)(I) eligible for assistance under this 
                      title; or
                          ``(II) administered as if made available under 
                      this title;
                          ``(ii) that is--
                                    ``(I) a preventive maintenance, 
                                preservation, or highway safety 
                                improvement project (as defined in 
                                section 148(a)); or
                                    ``(II) a new turn lane that the 
                                State advises in writing to the 
                                Secretary would assist public safety; 
                                and
                          ``(iii) that--
                                    ``(I) is classified as a categorical 
                                exclusion under section 771.117 of title 
                                23, Code of Federal Regulations (or 
                                successor regulations); or
                                    ``(II) if the project or activity 
                                does not receive assistance described in 
                                clause (i) would be considered a 
                                categorical exclusion if the project or 
                                activity received assistance described 
                                in clause (i).
                    ``(B) Exclusion.--The term `eligible project or 
                activity' does not include a project to create a new 
                travel lane.
            ``(2) Preliminary evaluation.--The term `preliminary 
        evaluation', with respect to an application described in 
        subsection (b)(1), means an evaluation that is customary or 
        practicable for the relevant agency to complete within a 45-day 
        period for similar applications.
            ``(3) Relevant agency.--The term `relevant agency' means a 
        Federal agency, other than the Federal Highway Administration, 
        with responsibility for review of an application from a State 
        for a permit, approval, or jurisdictional determination for an 
        eligible project or activity.

    ``(b) Action Required.--
            ``(1) <<NOTE: Deadline.>>  In general.--Subject to paragraph 
        (2), not later than 45 days after the date of receipt of an 
        application by a State for a permit, approval, or jurisdictional 
        determination for an

[[Page 135 STAT. 536]]

        eligible project or activity, the head of the relevant agency 
        shall--
                    ``(A) <<NOTE: Evaluation.>>  make at least a 
                preliminary evaluation of the application; and
                    ``(B) <<NOTE: Notification.>>  notify the State of 
                the results of the preliminary evaluation under 
                subparagraph (A).
            ``(2) <<NOTE: Notice.>>  Extension.--The head of the 
        relevant agency may extend the review period under paragraph (1) 
        by not more than 30 days if the head of the relevant agency 
        provides to the State written notice that includes an 
        explanation of the need for the extension.
            ``(3) Failure to act.--If the head of the relevant agency 
        fails to meet a deadline under paragraph (1) or (2), as 
        applicable, the head of the relevant agency shall--
                    ``(A) <<NOTE: Reports.>>  not later than 30 days 
                after the date of the missed deadline, submit to the 
                State, the Committee on Environment and Public Works of 
                the Senate, and the Committee on Transportation and 
                Infrastructure of the House of Representatives a report 
                that describes why the deadline was missed; and
                    ``(B) <<NOTE: Deadline. Public information. Web 
                posting. Records.>>  not later than 14 days after the 
                date on which a report is submitted under subparagraph 
                (A), make publicly available, including on the internet, 
                a copy of that report.''.

    (b) Clerical Amendment.--The analysis for chapter 3 of title 23, 
United States Code, <<NOTE: 23 USC 301 prec.>>  is amended by adding at 
the end the following:

``331. Evaluation of projects within an operational right-of-way.''.

SEC. 11310. PRELIMINARY ENGINEERING.

    (a) In General.--Section 102 of title 23, United States Code, is 
amended--
            (1) by striking subsection (b); and
            (2) in subsection (a), in the second sentence, by striking 
        ``Nothing in this subsection'' and inserting the following:

    ``(b) Savings Provision.--Nothing in this section''.
    (b) Conforming Amendment.--Section 144(j) of title 23, United States 
Code, is amended by striking paragraph (6).
SEC. 11311. EFFICIENT IMPLEMENTATION OF NEPA FOR FEDERAL LAND 
                            MANAGEMENT PROJECTS.

    Section 203 of title 23, United States Code, is amended by adding at 
the end the following:
    ``(e) Efficient Implementation of NEPA.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Environmental document.--The term 
                `environmental document' means an environmental impact 
                statement, environmental assessment, categorical 
                exclusion, or other document prepared under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.).
                    ``(B) Project.--The term `project' means a highway 
                project, public transportation capital project, or 
                multimodal project that--
                          ``(i) receives funds under this title; and
                          ``(ii) is authorized under this section or 
                      section 204.

[[Page 135 STAT. 537]]

                    ``(C) Project sponsor.--The term `project sponsor' 
                means the Federal land management agency that seeks or 
                receives funds under this title for a project.
            ``(2) Environmental review to be completed by federal 
        highway administration.--The Federal Highway Administration may 
        prepare an environmental document pursuant to the implementing 
        procedures of the Federal Highway Administration to comply with 
        the requirements of the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.) if--
                    ``(A) requested by a project sponsor; and
                    ``(B) all areas of analysis required by the project 
                sponsor can be addressed.
            ``(3) Federal land management agencies adoption of existing 
        environmental review documents.--
                    ``(A) In general.--To the maximum extent 
                practicable, if the Federal Highway Administration 
                prepares an environmental document pursuant to paragraph 
                (2), that environmental document shall address all areas 
                of analysis required by a Federal land management 
                agency.
                    ``(B) Independent evaluation.--Notwithstanding any 
                other provision of law, a Federal land management agency 
                shall not be required to conduct an independent 
                evaluation to determine the adequacy of an environmental 
                document prepared by the Federal Highway Administration 
                pursuant to paragraph (2).
                    ``(C) Use of same document.--In authorizing or 
                implementing a project, a Federal land management agency 
                may use an environmental document previously prepared by 
                the Federal Highway Administration for a project 
                addressing the same or substantially the same action to 
                the same extent that the Federal land management agency 
                could adopt or use a document previously prepared by 
                another Federal agency.
            ``(4) Application by federal land management agencies of 
        categorical exclusions established by federal highway 
        administration.--In carrying out requirements under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for a 
        project, the project sponsor may use categorical exclusions 
        designated under that Act in the implementing regulations of the 
        Federal Highway Administration, subject to the conditions that--
                    
                ``(A) <<NOTE: Determination. Consultation. Applicability.
                >>  the project sponsor makes a determination, in 
                consultation with the Federal Highway Administration, 
                that the categorical exclusion applies to the project;
                    ``(B) the project satisfies the conditions for a 
                categorical exclusion under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
                    ``(C) the use of the categorical exclusion does not 
                otherwise conflict with the implementing regulations of 
                the project sponsor, except any list of the project 
                sponsor that designates categorical exclusions.
            ``(5) Mitigation commitments.--The Secretary shall assist 
        the Federal land management agency with all design and 
        mitigation commitments made jointly by the Secretary and the 
        project sponsor in any environmental document prepared by the 
        Secretary in accordance with this subsection.''.

[[Page 135 STAT. 538]]

SEC. 11312. NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 REPORTING 
                            PROGRAM.

    (a) In General.--Chapter 1 of title 23, United States Code, is 
amended by inserting after section 156 the following:
``Sec. 157. <<NOTE: 23 USC 157.>>  National Environmental Policy 
                Act of 1969 reporting program

    ``(a) Definitions.--In this section:
            ``(1) Categorical exclusion.--The term `categorical 
        exclusion' has the meaning given the term in section 771.117(c) 
        of title 23, Code of Federal Regulations (or a successor 
        regulation).
            ``(2) Documented categorical exclusion.--The term 
        `documented categorical exclusion' has the meaning given the 
        term in section 771.117(d) of title 23, Code of Federal 
        Regulations (or a successor regulation).
            ``(3) Environmental assessment.--The term `environmental 
        assessment' has the meaning given the term in section 1508.1 of 
        title 40, Code of Federal Regulations (or a successor 
        regulation).
            ``(4) Environmental impact statement.--The term 
        `environmental impact statement' means a detailed statement 
        required under section 102(2)(C) of the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
            ``(5) Federal agency.--The term `Federal agency' includes a 
        State that has assumed responsibility under section 327.
            ``(6) NEPA process.--The term `NEPA process' means the 
        entirety of the development and documentation of the analysis 
        required under the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.), including the assessment and analysis of 
        any impacts, alternatives, and mitigation of a proposed action, 
        and any interagency participation and public involvement 
        required to be carried out before the Secretary undertakes a 
        proposed action.
            ``(7) Proposed action.--The term `proposed action' means an 
        action (within the meaning of the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4321 et seq.)) under this title that the 
        Secretary proposes to carry out.
            ``(8) Reporting period.--The term `reporting period' means 
        the fiscal year prior to the fiscal year in which a report is 
        issued under subsection (b).
            ``(9) Secretary.--The term `Secretary' includes the governor 
        or head of an applicable State agency of a State that has 
        assumed responsibility under section 327.

    ``(b) Report on NEPA Data.--
            ``(1) In general.--The Secretary shall carry out a process 
        to track, and annually submit to the Committee on Environment 
        and Public Works of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a report containing, the information described 
        in paragraph (3).
            ``(2) Time to complete.--For purposes of paragraph (3), the 
        NEPA process--
                    ``(A) for an environmental impact statement--
                          ``(i) <<NOTE: Federal 
                      Register, publication.>>  begins on the date on 
                      which the Notice of Intent is published in the 
                      Federal Register; and

[[Page 135 STAT. 539]]

                          ``(ii) <<NOTE: Record.>>  ends on the date on 
                      which the Secretary issues a record of decision, 
                      including, if necessary, a revised record of 
                      decision; and
                    ``(B) <<NOTE: Determinations.>>  for an 
                environmental assessment--
                          ``(i) begins on the date on which the 
                      Secretary makes a determination to prepare an 
                      environmental assessment; and
                          ``(ii) ends on the date on which the Secretary 
                      issues a finding of no significant impact or 
                      determines that preparation of an environmental 
                      impact statement is necessary.
            ``(3) Information described.--The information referred to in 
        paragraph (1) is, with respect to the Department of 
        Transportation--
                    ``(A) the number of proposed actions for which a 
                categorical exclusion was issued during the reporting 
                period;
                    ``(B) the number of proposed actions for which a 
                documented categorical exclusion was issued by the 
                Department of Transportation during the reporting 
                period;
                    ``(C) the number of proposed actions pending on the 
                date on which the report is submitted for which the 
                issuance of a documented categorical exclusion by the 
                Department of Transportation is pending;
                    ``(D) the number of proposed actions for which an 
                environmental assessment was issued by the Department of 
                Transportation during the reporting period;
                    ``(E) the length of time the Department of 
                Transportation took to complete each environmental 
                assessment described in subparagraph (D);
                    ``(F) the number of proposed actions pending on the 
                date on which the report is submitted for which an 
                environmental assessment is being drafted by the 
                Department of Transportation;
                    ``(G) the number of proposed actions for which an 
                environmental impact statement was completed by the 
                Department of Transportation during the reporting 
                period;
                    ``(H) the length of time that the Department of 
                Transportation took to complete each environmental 
                impact statement described in subparagraph (G);
                    ``(I) the number of proposed actions pending on the 
                date on which the report is submitted for which an 
                environmental impact statement is being drafted; and
                    ``(J) for the proposed actions reported under 
                subparagraphs (F) and (I), the percentage of those 
                proposed actions for which--
                          ``(i) funding has been identified; and
                          ``(ii) all other Federal, State, and local 
                      activities that are required to allow the proposed 
                      action to proceed are completed.''.

    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, <<NOTE: 23 USC 101 prec.>>  is amended by inserting 
after the item relating to section 156 the following:

``157. National Environmental Policy Act of 1969 reporting program.''.

SEC. 11313. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM 
                            WRITTEN AGREEMENTS.

    Section 327 of title 23, United States Code, is amended--

[[Page 135 STAT. 540]]

            (1) in subsection (a)(2)(G), by inserting ``, including the 
        payment of fees awarded under section 2412 of title 28'' before 
        the period at the end;
            (2) in subsection (c)--
                    (A) by striking paragraph (5) and inserting the 
                following:
            ``(5) except as provided under paragraph (7), have a term of 
        not more than 5 years;'';
                    (B) in paragraph (6), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(7) <<NOTE: Time period.>>  for any State that has 
        participated in a program under this section (or under a 
        predecessor program) for at least 10 years, have a term of 10 
        years.'';
            (3) in subsection (g)(1)--
                    (A) in subparagraph (B), by striking ``and'' at the 
                end;
                    (B) in subparagraph (C), by striking ``annual'';
                    (C) by redesignating subparagraph (C) as 
                subparagraph (D); and
                    (D) by inserting after subparagraph (B) the 
                following:
                    ``(C) <<NOTE: Time period. Audit.>>  in the case of 
                an agreement period of greater than 5 years pursuant to 
                subsection (c)(7), conduct an audit covering the first 5 
                years of the agreement period; and''; and
            (4) by adding at the end the following:

    ``(m) Agency Deemed to Be Federal Agency.--A State agency that is 
assigned a responsibility under an agreement under this section shall be 
deemed to be an agency for the purposes of section 2412 of title 28.''.
SEC. 11314. <<NOTE: Time periods.>> STATE ASSUMPTION OF 
                            RESPONSIBILITY FOR CATEGORICAL 
                            EXCLUSIONS.

    Section 326(c)(3) of title 23, United States Code, is amended--
            (1) by striking subparagraph (A) and inserting the 
        following:
                    ``(A) except as provided under subparagraph (C), 
                shall have a term of not more than 3 years;'';
            (2) in subparagraph (B), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(C) shall have a term of 5 years, in the case of a 
                State that has assumed the responsibility for 
                categorical exclusions under this section for not fewer 
                than 10 years.''.
SEC. 11315. EARLY UTILITY RELOCATION PRIOR TO TRANSPORTATION 
                            PROJECT ENVIRONMENTAL REVIEW.

    Section 123 of title 23, United States Code, is amended to read as 
follows:
``Sec. 123. Relocation of utility facilities

    ``(a) Definitions.--In this section:
            ``(1) Cost of relocation.--The term `cost of relocation' 
        includes the entire amount paid by a utility properly 
        attributable to the relocation of a utility facility, minus any 
        increase in the value of the new facility and any salvage value 
        derived from the old facility.
            ``(2) Early utility relocation project.--The term `early 
        utility relocation project' means utility relocation activities

[[Page 135 STAT. 541]]

        identified by the State for performance before completion of the 
        environmental review process for the transportation project.
            ``(3) Environmental review process.--The term `environmental 
        review process' has the meaning given the term in section 
        139(a).
            ``(4) Transportation project.--The term `transportation 
        project' means a project.
            ``(5) Utility facility.--The term `utility facility' means 
        any privately, publicly, or cooperatively owned line, facility, 
        or system for producing, transmitting, or distributing 
        communications, power, electricity, light, heat, gas, oil, crude 
        products, water, steam, waste, stormwater not connected with 
        highway drainage, or any other similar commodity, including any 
        fire or police signal system or street lighting system, that 
        directly or indirectly serves the public.
            ``(6) Utility relocation activity.--The term `utility 
        relocation activity' means an activity necessary for the 
        relocation of a utility facility, including preliminary and 
        final design, surveys, real property acquisition, materials 
        acquisition, and construction.

    ``(b) Reimbursement to States.--
            ``(1) In general.--If a State pays for the cost of 
        relocation of a utility facility necessitated by the 
        construction of a transportation project, Federal funds may be 
        used to reimburse the State for the cost of relocation in the 
        same proportion as Federal funds are expended on the 
        transportation project.
            ``(2) Limitation.--Federal funds shall not be used to 
        reimburse a State under this section if the payment to the 
        utility--
                    ``(A) violates the law of the State; or
                    ``(B) violates a legal contract between the utility 
                and the State.
            ``(3) Requirement.--A reimbursement under paragraph (1) 
        shall be made only if the State demonstrates to the satisfaction 
        of the Secretary that the State paid the cost of the utility 
        relocation activity from funds of the State with respect to 
        transportation projects for which Federal funds are obligated 
        subsequent to April 16, 1958, for work, including utility 
        relocation activities.
            ``(4) Reimbursement eligibility for early relocation prior 
        to transportation project environmental review process.--
                    ``(A) In general.--In addition to the requirements 
                under paragraphs (1) through (3), a State may carry out, 
                at the expense of the State, an early utility relocation 
                project for a transportation project before completion 
                of the environmental review process for the 
                transportation project.
                    ``(B) Requirements for reimbursement.--Funds 
                apportioned to a State under this title may be used to 
                pay the costs incurred by the State for an early utility 
                relocation project only if the State demonstrates to the 
                Secretary, and the Secretary finds that--
                          ``(i) the early utility relocation project is 
                      necessary to accommodate a transportation project;

[[Page 135 STAT. 542]]

                          ``(ii) the State provides adequate 
                      documentation to the Secretary of eligible costs 
                      incurred by the State for the early utility 
                      relocation project;
                          ``(iii) before the commencement of the utility 
                      relocation activities, an environmental review 
                      process was completed for the early utility 
                      relocation project that resulted in a finding that 
                      the early utility relocation project--
                                    ``(I) would not result in 
                                significant adverse environmental 
                                impacts; and
                                    ``(II) <<NOTE: Compliance.>>  would 
                                comply with other applicable Federal 
                                environmental requirements;
                          ``(iv) the early utility relocation project 
                      did not influence--
                                    ``(I) the environmental review 
                                process for the transportation project;
                                    ``(II) the decision relating to the 
                                need to construct the transportation 
                                project; or
                                    ``(III) the selection of the 
                                transportation project design or 
                                location;
                          ``(v) <<NOTE: Compliance.>>  the early utility 
                      relocation project complies with all applicable 
                      provisions of law, including regulations issued 
                      pursuant to this title;
                          ``(vi) the early utility relocation project 
                      follows applicable financial procedures and 
                      requirements, including documentation of eligible 
                      costs and the requirements under section 109(l), 
                      but not including requirements applicable to 
                      authorization and obligation of Federal funds;
                          ``(vii) the transportation project for which 
                      the early utility relocation project was 
                      necessitated was included in the applicable 
                      transportation improvement program under section 
                      134 or 135;
                          ``(viii) before the cost incurred by a State 
                      is approved for Federal participation, 
                      environmental compliance pursuant to the National 
                      Environmental Policy Act of 1969 (42 U.S.C. 4321 
                      et seq.) has been completed for the transportation 
                      project for which the early utility relocation 
                      project was necessitated; and
                          ``(ix) the transportation project that 
                      necessitated the utility relocation activity is 
                      approved for construction.
                    ``(C) Savings provision.--Nothing in this paragraph 
                affects other eligibility requirements or authorities 
                for Federal participation in payment of costs incurred 
                for utility relocation activities.

    ``(c) Applicability of Other Provisions.--Nothing in this section 
affects the applicability of other requirements that would otherwise 
apply to an early utility relocation project, including any applicable 
requirements under--
            ``(1) section 138;
            ``(2) the Uniform Relocation Assistance and Real Property 
        Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.), 
        including regulations under part 24 of title 49, Code of Federal 
        Regulations (or successor regulations);
            ``(3) title VI of the Civil Rights Act of 1964 (42 U.S.C. 
        2000d et seq.); or

[[Page 135 STAT. 543]]

            ``(4) an environmental review process.''.
SEC. 11316. STREAMLINING OF SECTION 4(F) REVIEWS.

    Section 138(a) of title 23, United States Code, is amended--
            (1) in the fourth sentence, by striking ``In carrying out'' 
        and inserting the following:
            ``(4) Studies.--In carrying out'';
            (2) in the third sentence--
                    (A) by striking ``such land, and (2) such program'' 
                and inserting the following: ``the land; and
                    ``(B) the program'';
                    (B) by striking ``unless (1) there is'' and 
                inserting the following: ``unless--
                    ``(A) there is''; and
                    (C) by striking ``After the'' and inserting the 
                following:
            ``(3) Requirement.--After the'';
            (3) in the second sentence--
                    (A) by striking ``The Secretary of Transportation'' 
                and inserting the following:
            ``(2) Cooperation and consultation.--
                    ``(A) In general.--The Secretary''; and
                    (B) by adding at the end the following:
                    ``(B) Timeline for approvals.--
                          ``(i) In general.--The Secretary shall--
                                    ``(I) provide an evaluation under 
                                this section to the Secretaries 
                                described in subparagraph (A); and
                                    ``(II) provide a period of 30 days 
                                for receipt of comments.
                          ``(ii) <<NOTE: Deadline.>>  Assumed 
                      acceptance.--If the Secretary does not receive 
                      comments by 15 days after the deadline under 
                      clause (i)(II), the Secretary shall assume a lack 
                      of objection and proceed with the action.
                    ``(C) Effect.--Nothing in subparagraph (B) affects--
                          ``(i) the requirements under--
                                    ``(I) subsections (b) through (f); 
                                or
                                    ``(II) the consultation process 
                                under section 306108 of title 54; or
                          ``(ii) programmatic section 4(f) evaluations, 
                      as described in regulations issued by the 
                      Secretary.''; and
            (4) in the first sentence, by striking ``It is declared to 
        be'' and inserting the following:
            ``(1) In general.--It is''.
SEC. 11317. CATEGORICAL EXCLUSION FOR PROJECTS OF LIMITED FEDERAL 
                            ASSISTANCE.

    Section 1317(1) of MAP-21 (23 U.S.C. 109 note; Public Law 112-141) 
is amended--
            (1) in subparagraph (A), by striking ``$5,000,000'' and 
        inserting ``$6,000,000''; and
            (2) in subparagraph (B), by striking ``$30,000,000'' and 
        inserting ``$35,000,000''.
SEC. 11318. <<NOTE: 42 USC 15943.>>  CERTAIN GATHERING LINES 
                            LOCATED ON FEDERAL LAND AND INDIAN 
                            LAND.

    (a) Definitions.--In this section:
            (1) Federal land.--

[[Page 135 STAT. 544]]

                    (A) In general.--The term ``Federal land'' means 
                land the title to which is held by the United States.
                    (B) Exclusions.--The term ``Federal land'' does not 
                include--
                          (i) a unit of the National Park System;
                          (ii) a unit of the National Wildlife Refuge 
                      System;
                          (iii) a component of the National Wilderness 
                      Preservation System;
                          (iv) a wilderness study area within the 
                      National Forest System; or
                          (v) Indian land.
            (2) Gathering line and associated field compression or 
        pumping unit.--
                    (A) In general.--The term ``gathering line and 
                associated field compression or pumping unit'' means--
                          (i) a pipeline that is installed to transport 
                      oil, natural gas and related constituents, or 
                      produced water from 1 or more wells drilled and 
                      completed to produce oil or gas; and
                          (ii) if necessary, 1 or more compressors or 
                      pumps to raise the pressure of the transported 
                      oil, natural gas and related constituents, or 
                      produced water to higher pressures necessary to 
                      enable the oil, natural gas and related 
                      constituents, or produced water to flow into 
                      pipelines and other facilities.
                    (B) Inclusions.--The term ``gathering line and 
                associated field compression or pumping unit'' includes 
                a pipeline or associated compression or pumping unit 
                that is installed to transport oil or natural gas from a 
                processing plant to a common carrier pipeline or 
                facility.
                    (C) Exclusions.--The term ``gathering line and 
                associated field compression or pumping unit'' does not 
                include a common carrier pipeline.
            (3) Indian land.--The term ``Indian land'' means land the 
        title to which is held by--
                    (A) the United States in trust for an Indian Tribe 
                or an individual Indian; or
                    (B) an Indian Tribe or an individual Indian subject 
                to a restriction by the United States against 
                alienation.
            (4) Produced water.--The term ``produced water'' means water 
        produced from an oil or gas well bore that is not a fluid 
        prepared at, or transported to, the well site to resolve a 
        specific oil or gas well bore or reservoir condition.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

    (b) Certain Gathering Lines.--
            (1) In general.--Subject to paragraph (2), the issuance of a 
        sundry notice or right-of-way for a gathering line and 
        associated field compression or pumping unit that is located on 
        Federal land or Indian land and that services any oil or gas 
        well may be considered by the Secretary to be an action that is 
        categorically excluded (as defined in section 1508.1 of title 
        40, Code of Federal Regulations (as in effect on the date of 
        enactment of this Act)) for purposes of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if the 
        gathering line and associated field compression or pumping 
        unit--

[[Page 135 STAT. 545]]

                    (A) are within a field or unit for which an approved 
                land use plan or an environmental document prepared 
                pursuant to the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.) analyzed transportation of 
                oil, natural gas, or produced water from 1 or more oil 
                or gas wells in the field or unit as a reasonably 
                foreseeable activity;
                    (B) are located adjacent to or within--
                          (i) any existing disturbed area; or
                          (ii) an existing corridor for a right-of-way; 
                      and
                    (C) would reduce--
                          (i) in the case of a gathering line and 
                      associated field compression or pumping unit 
                      transporting methane, the total quantity of 
                      methane that would otherwise be vented, flared, or 
                      unintentionally emitted from the field or unit; or
                          (ii) in the case of a gathering line and 
                      associated field compression or pumping unit not 
                      transporting methane, the vehicular traffic that 
                      would otherwise service the field or unit.
            (2) Applicability.--Paragraph (1) shall apply to Indian 
        land, or a portion of Indian land--
                    (A) to which the National Environmental Policy Act 
                of 1969 (42 U.S.C. 4321 et seq.) applies; and
                    (B) for which the Indian Tribe with jurisdiction 
                over the Indian land submits to the Secretary a written 
                request that paragraph (1) apply to that Indian land (or 
                portion of Indian land).

    (c) Effect on Other Law.--Nothing in this section--
            (1) affects or alters any requirement--
                    (A) relating to prior consent under--
                          (i) section 2 of the Act of February 5, 1948 
                      (62 Stat. 18, chapter 45; 25 U.S.C. 324); or
                          (ii) section 16(e) of the Act of June 18, 1934 
                      (48 Stat. 987, chapter 576; 102 Stat. 2939; 114 
                      Stat. 47; 25 U.S.C. 5123(e)) (commonly known as 
                      the ``Indian Reorganization Act'');
                    (B) under section 306108 of title 54, United States 
                Code; or
                    (C) under any other Federal law (including 
                regulations) relating to Tribal consent for rights-of-
                way across Indian land; or
            (2) makes the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.) applicable to land to which that Act 
        otherwise would not apply.
SEC. 11319. <<NOTE: 49 USC 308 note.>>  ANNUAL REPORT.

    (a) Definition of Covered Project.--In this section, the term 
``covered project'' means a project or activity carried out with funds 
provided by the Department, including a project carried out under title 
23 or 49, United States Code--
            (1) that is more than 5 years behind schedule; or
            (2) for which the total amount spent on the project or 
        activity is not less than $1,000,000,000 more than the original 
        cost estimate for the project or activity.

    (b) Requirement.--Not later than 1 year after the date of enactment 
of this Act, and annually thereafter, the Secretary shall

[[Page 135 STAT. 546]]

submit to Congress a report on covered projects of the Department, which 
shall include, for each covered project--
            (1) a brief description of the covered project, including--
                    (A) the purpose of the covered project;
                    (B) each location in which the covered project is 
                carried out;
                    (C) the contract or award number of the covered 
                project, if applicable;
                    (D) the year in which the covered project was 
                initiated;
                    (E) the Federal share of the total cost of the 
                covered project; and
                    (F) each primary contractor, subcontractor, grant 
                recipient, and subgrantee recipient of the covered 
                project;
            (2) an explanation of any change to the original scope of 
        the covered project, including by the addition or narrowing of 
        the initial requirements of the covered project;
            (3) the original expected date for completion of the covered 
        project;
            (4) the current expected date for completion of the covered 
        project;
            (5) <<NOTE: Cost estimate.>>  the original cost estimate for 
        the covered project, as adjusted to reflect increases in the 
        Consumer Price Index for All Urban Consumers, as published by 
        the Bureau of Labor Statistics;
            (6) <<NOTE: Cost estimate.>>  the current cost estimate for 
        the covered project, as adjusted to reflect increases in the 
        Consumer Price Index for All Urban Consumers, as published by 
        the Bureau of Labor Statistics;
            (7) an explanation for a delay in completion or an increase 
        in the original cost estimate for the covered project, 
        including, where applicable, any impact of insufficient or 
        delayed appropriations; and
            (8) the amount of and rationale for any award, incentive 
        fee, or other type of bonus, if any, awarded for the covered 
        project.

                       Subtitle D--Climate Change

SEC. 11401. GRANTS FOR CHARGING AND FUELING INFRASTRUCTURE.

    (a) <<NOTE: 23 USC 151 note.>>  Purpose.--The purpose of this 
section is to establish a grant program to strategically deploy publicly 
accessible electric vehicle charging infrastructure, hydrogen fueling 
infrastructure, propane fueling infrastructure, and natural gas fueling 
infrastructure along designated alternative fuel corridors or in certain 
other locations that will be accessible to all drivers of electric 
vehicles, hydrogen vehicles, propane vehicles, and natural gas vehicles.

    (b) Grant Program.--Section 151 of title 23, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) by striking ``Not later than 1 year after the 
                date of enactment of the FAST Act, the Secretary shall'' 
                and inserting ``The Secretary shall periodically''; and
                    (B) by striking ``to improve the mobility'' and 
                inserting ``to support changes in the transportation 
                sector that help achieve a reduction in greenhouse gas 
                emissions and improve the mobility'';

[[Page 135 STAT. 547]]

            (2) in subsection (b)(2), by inserting ``previously 
        designated by the Federal Highway Administration or'' before 
        ``designated by'';
            (3) by striking subsection (d) and inserting the following:

    ``(d) <<NOTE: Updates.>>  Redesignation.--
            ``(1) <<NOTE: Deadline.>>  Initial redesignation.--Not later 
        than 180 days after the date of enactment of the Surface 
        Transportation Reauthorization Act of 2021, the Secretary shall 
        update and redesignate the corridors under subsection (a).
            ``(2) Subsequent redesignation.--The Secretary shall 
        establish a recurring process to regularly update and 
        redesignate the corridors under subsection (a).'';
            (4) in subsection (e)--
                    (A) in paragraph (1), by striking ``and'' at the 
                end;
                    (B) in paragraph (2)--
                          (i) by striking ``establishes an aspirational 
                      goal of achieving'' and inserting ``describes 
                      efforts, including through funds awarded through 
                      the grant program under subsection (f), that will 
                      aid efforts to achieve''; and
                          (ii) by striking ``by the end of fiscal year 
                      2020.'' and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(3) <<NOTE: Consultation.>>  summarizes best practices and 
        provides guidance, developed through consultation with the 
        Secretary of Energy, for project development of electric vehicle 
        charging infrastructure, hydrogen fueling infrastructure, 
        propane fueling infrastructure and natural gas fueling 
        infrastructure at the State, Tribal, and local level to allow 
        for the predictable deployment of that infrastructure.''; and
            (5) by adding at the end the following:

    ``(f) Grant Program.--
            ``(1) Definition of private entity.--In this subsection, the 
        term `private entity' means a corporation, partnership, company, 
        or nonprofit organization.
            ``(2) <<NOTE: Deadline.>>  Establishment.--Not later than 1 
        year after the date of enactment of the Surface Transportation 
        Reauthorization Act of 2021, the Secretary shall establish a 
        grant program to award grants to eligible entities to carry out 
        the activities described in paragraph (6).
            ``(3) Eligible entities.--An entity eligible to receive a 
        grant under this subsection is--
                    ``(A) a State or political subdivision of a State;
                    ``(B) a metropolitan planning organization;
                    ``(C) a unit of local government;
                    ``(D) a special purpose district or public authority 
                with a transportation function, including a port 
                authority;
                    ``(E) an Indian tribe (as defined in section 4 of 
                the Indian Self-Determination and Education Assistance 
                Act (25 U.S.C. 5304));
                    ``(F) a territory of the United States;
                    ``(G) an authority, agency, or instrumentality of, 
                or an entity owned by, 1 or more entities described in 
                subparagraphs (A) through (F); or
                    ``(H) a group of entities described in subparagraphs 
                (A) through (G).

[[Page 135 STAT. 548]]

            ``(4) Applications.--To be eligible to receive a grant under 
        this subsection, an eligible entity shall submit to the 
        Secretary an application at such time, in such manner, and 
        containing such information as the Secretary shall require, 
        including--
                    ``(A) a description of how the eligible entity has 
                considered--
                          ``(i) public accessibility of charging or 
                      fueling infrastructure proposed to be funded with 
                      a grant under this subsection, including--
                                    ``(I) charging or fueling connector 
                                types and publicly available information 
                                on real-time availability; and
                                    ``(II) payment methods to ensure 
                                secure, convenient, fair, and equal 
                                access;
                          ``(ii) collaborative engagement with 
                      stakeholders (including automobile manufacturers, 
                      utilities, infrastructure providers, technology 
                      providers, electric charging, hydrogen, propane, 
                      and natural gas fuel providers, metropolitan 
                      planning organizations, States, Indian tribes, and 
                      units of local governments, fleet owners, fleet 
                      managers, fuel station owners and operators, labor 
                      organizations, infrastructure construction and 
                      component parts suppliers, and multi-State and 
                      regional entities)--
                                    ``(I) to foster enhanced, 
                                coordinated, public-private or private 
                                investment in electric vehicle charging 
                                infrastructure, hydrogen fueling 
                                infrastructure, propane fueling 
                                infrastructure, or natural gas fueling 
                                infrastructure;
                                    ``(II) to expand deployment of 
                                electric vehicle charging 
                                infrastructure, hydrogen fueling 
                                infrastructure, propane fueling 
                                infrastructure, or natural gas fueling 
                                infrastructure;
                                    ``(III) to protect personal privacy 
                                and ensure cybersecurity; and
                                    ``(IV) to ensure that a properly 
                                trained workforce is available to 
                                construct and install electric vehicle 
                                charging infrastructure, hydrogen 
                                fueling infrastructure, propane fueling 
                                infrastructure, or natural gas fueling 
                                infrastructure;
                          ``(iii) the location of the station or fueling 
                      site, such as consideration of--
                                    ``(I) the availability of onsite 
                                amenities for vehicle operators, such as 
                                restrooms or food facilities;
                                    ``(II) access in compliance with the 
                                Americans with Disabilities Act of 1990 
                                (42 U.S.C. 12101 et seq.);
                                    ``(III) height and fueling capacity 
                                requirements for facilities that charge 
                                or refuel large vehicles, such as semi-
                                trailer trucks; and
                                    ``(IV) appropriate distribution to 
                                avoid redundancy and fill charging or 
                                fueling gaps;
                          ``(iv) infrastructure installation that can be 
                      responsive to technology advancements, such as 
                      accommodating autonomous vehicles, vehicle-to-grid 
                      technology, and future charging methods; and

[[Page 135 STAT. 549]]

                          ``(v) the long-term operation and maintenance 
                      of the electric vehicle charging infrastructure, 
                      hydrogen fueling infrastructure, propane fueling 
                      infrastructure, or natural gas fueling 
                      infrastructure, to avoid stranded assets and 
                      protect the investment of public funds in that 
                      infrastructure; and
                    ``(B) <<NOTE: Assessment.>>  an assessment of the 
                estimated emissions that will be reduced through the use 
                of electric vehicle charging infrastructure, hydrogen 
                fueling infrastructure, propane fueling infrastructure, 
                or natural gas fueling infrastructure, which shall be 
                conducted using the Alternative Fuel Life-Cycle 
                Environmental and Economic Transportation (AFLEET) tool 
                developed by Argonne National Laboratory (or a successor 
                tool).
            ``(5) Considerations.--In selecting eligible entities to 
        receive a grant under this subsection, the Secretary shall--
                    ``(A) consider the extent to which the application 
                of the eligible entity would--
                          ``(i) improve alternative fueling corridor 
                      networks by--
                                    ``(I) converting corridor-pending 
                                corridors to corridor-ready corridors; 
                                or
                                    ``(II) in the case of corridor-ready 
                                corridors, providing redundancy--
                                            ``(aa) to meet excess demand 
                                        for charging or fueling 
                                        infrastructure; or
                                            ``(bb) to reduce congestion 
                                        at existing charging or fueling 
                                        infrastructure in high-traffic 
                                        locations;
                          ``(ii) meet current or anticipated market 
                      demands for charging or fueling infrastructure;
                          ``(iii) enable or accelerate the construction 
                      of charging or fueling infrastructure that would 
                      be unlikely to be completed without Federal 
                      assistance;
                          ``(iv) support a long-term competitive market 
                      for electric vehicle charging infrastructure, 
                      hydrogen fueling infrastructure, propane fueling 
                      infrastructure, or natural gas fueling 
                      infrastructure that does not significantly impair 
                      existing electric vehicle charging infrastructure, 
                      hydrogen fueling infrastructure, propane fueling 
                      infrastructure, or natural gas fueling 
                      infrastructure providers;
                          ``(v) provide access to electric vehicle 
                      charging infrastructure, hydrogen fueling 
                      infrastructure, propane fueling infrastructure, or 
                      natural gas fueling infrastructure in areas with a 
                      current or forecasted need; and
                          ``(vi) deploy electric vehicle charging 
                      infrastructure, hydrogen fueling infrastructure, 
                      propane fueling infrastructure, or natural gas 
                      fueling infrastructure for medium- and heavy-duty 
                      vehicles (including along the National Highway 
                      Freight Network established under section 167(c)) 
                      and in proximity to intermodal transfer stations;
                    ``(B) ensure, to the maximum extent practicable, 
                geographic diversity among grant recipients to ensure 
                that electric vehicle charging infrastructure, hydrogen 
                fueling

[[Page 135 STAT. 550]]

                infrastructure, propane fueling infrastructure, or 
                natural gas fueling infrastructure is available 
                throughout the United States;
                    ``(C) consider whether the private entity that the 
                eligible entity contracts with under paragraph (6)--
                          ``(i) submits to the Secretary the most recent 
                      year of audited financial statements; and
                          ``(ii) has experience in installing and 
                      operating electric vehicle charging 
                      infrastructure, hydrogen fueling infrastructure, 
                      propane fueling infrastructure, or natural gas 
                      fueling infrastructure; and
                    ``(D) consider whether, to the maximum extent 
                practicable, the eligible entity and the private entity 
                that the eligible entity contracts with under paragraph 
                (6) enter into an agreement--
                          ``(i) to operate and maintain publicly 
                      available electric vehicle charging 
                      infrastructure, hydrogen fueling infrastructure, 
                      propane fueling infrastructure, or natural gas 
                      infrastructure; and
                          ``(ii) that provides a remedy and an 
                      opportunity to cure if the requirements described 
                      in clause (i) are not met.
            ``(6) Use of funds.--
                    ``(A) <<NOTE: Contracts.>>  In general.--An eligible 
                entity receiving a grant under this subsection shall 
                only use the funds in accordance with this paragraph to 
                contract with a private entity for acquisition and 
                installation of publicly accessible electric vehicle 
                charging infrastructure, hydrogen fueling 
                infrastructure, propane fueling infrastructure, or 
                natural gas fueling infrastructure that is directly 
                related to the charging or fueling of a vehicle.
                    ``(B) Location of infrastructure.--Any publicly 
                accessible electric vehicle charging infrastructure, 
                hydrogen fueling infrastructure, propane fueling 
                infrastructure, or natural gas fueling infrastructure 
                acquired and installed with a grant under this 
                subsection shall be located along an alternative fuel 
                corridor designated under this section, on the condition 
                that any affected Indian tribes are consulted before the 
                designation.
                    ``(C) Operating assistance.--
                          ``(i) <<NOTE: Time period.>>  In general.--
                      Subject to clauses (ii) and (iii), an eligible 
                      entity that receives a grant under this subsection 
                      may use a portion of the funds to provide to a 
                      private entity operating assistance for the first 
                      5 years of operations after the installation of 
                      publicly available electric vehicle charging 
                      infrastructure, hydrogen fueling infrastructure, 
                      propane fueling infrastructure, or natural gas 
                      fueling infrastructure while the facility 
                      transitions to independent system operations.
                          ``(ii) Inclusions.--Operating assistance under 
                      this subparagraph shall be limited to costs 
                      allocable to operating and maintaining the 
                      electric vehicle charging infrastructure, hydrogen 
                      fueling infrastructure, propane fueling 
                      infrastructure, or natural gas fueling 
                      infrastructure and service.

[[Page 135 STAT. 551]]

                          ``(iii) Limitation.--Operating assistance 
                      under this subparagraph may not exceed the amount 
                      of a contract under subparagraph (A) to acquire 
                      and install publicly accessible electric vehicle 
                      charging infrastructure, hydrogen fueling 
                      infrastructure, propane fueling infrastructure, or 
                      natural gas fueling infrastructure.
                    ``(D) Traffic control devices.--
                          ``(i) In general.--Subject to this paragraph, 
                      an eligible entity that receives a grant under 
                      this subsection may use a portion of the funds to 
                      acquire and install traffic control devices 
                      located in the right-of-way to provide directional 
                      information to publicly accessible electric 
                      vehicle charging infrastructure, hydrogen fueling 
                      infrastructure, propane fueling infrastructure, or 
                      natural gas fueling infrastructure acquired, 
                      installed, or operated with the grant.
                          ``(ii) Applicability.--Clause (i) shall apply 
                      only to an eligible entity that--
                                    ``(I) receives a grant under this 
                                subsection; and
                                    ``(II) is using that grant for the 
                                acquisition and installation of publicly 
                                accessible electric vehicle charging 
                                infrastructure, hydrogen fueling 
                                infrastructure, propane fueling 
                                infrastructure, or natural gas fueling 
                                infrastructure.
                          ``(iii) Limitation on amount.--The amount of 
                      funds used to acquire and install traffic control 
                      devices under clause (i) may not exceed the amount 
                      of a contract under subparagraph (A) to acquire 
                      and install publicly accessible charging or 
                      fueling infrastructure.
                          ``(iv) No new authority created.--Nothing in 
                      this subparagraph authorizes an eligible entity 
                      that receives a grant under this subsection to 
                      acquire and install traffic control devices if the 
                      entity is not otherwise authorized to do so.
                    ``(E) <<NOTE: Contracts.>>  Revenue.--
                          ``(i) In general.--An eligible entity 
                      receiving a grant under this subsection and a 
                      private entity referred to in subparagraph (A) may 
                      enter into a cost-sharing agreement under which 
                      the private entity submits to the eligible entity 
                      a portion of the revenue from the electric vehicle 
                      charging infrastructure, hydrogen fueling 
                      infrastructure, propane fueling infrastructure, or 
                      natural gas fueling infrastructure.
                          ``(ii) Uses of revenue.--An eligible entity 
                      that receives revenue from a cost-sharing 
                      agreement under clause (i) may only use that 
                      revenue for a project that is eligible under this 
                      title.
            ``(7) Certain fuels.--The use of grants for propane fueling 
        infrastructure under this subsection shall be limited to 
        infrastructure for medium- and heavy-duty vehicles.
            ``(8) Community grants.--
                    ``(A) In general.--Notwithstanding paragraphs (4), 
                (5), and (6), the Secretary shall reserve 50 percent of 
                the amounts made available each fiscal year to carry out 
                this section to provide grants to eligible entities in 
                accordance with this paragraph.

[[Page 135 STAT. 552]]

                    ``(B) Applications.--To be eligible to receive a 
                grant under this paragraph, an eligible entity shall 
                submit to the Secretary an application at such time, in 
                such manner, and containing such information as the 
                Secretary may require.
                    ``(C) Eligible entities.--An entity eligible to 
                receive a grant under this paragraph is--
                          ``(i) an entity described in paragraph (3); 
                      and
                          ``(ii) a State or local authority with 
                      ownership of publicly accessible transportation 
                      facilities.
                    ``(D) Eligible projects.--The Secretary may provide 
                a grant under this paragraph for a project that is 
                expected to reduce greenhouse gas emissions and to 
                expand or fill gaps in access to publicly accessible 
                electric vehicle charging infrastructure, hydrogen 
                fueling infrastructure, propane fueling infrastructure, 
                or natural gas fueling infrastructure, including--
                          ``(i) development phase activities, including 
                      planning, feasibility analysis, revenue 
                      forecasting, environmental review, preliminary 
                      engineering and design work, and other 
                      preconstruction activities; and
                          ``(ii) the acquisition and installation of 
                      electric vehicle charging infrastructure, hydrogen 
                      fueling infrastructure, propane fueling 
                      infrastructure, or natural gas fueling 
                      infrastructure that is directly related to the 
                      charging or fueling of a vehicle, including any 
                      related construction or reconstruction and the 
                      acquisition of real property directly related to 
                      the project, such as locations described in 
                      subparagraph (E), to expand access to electric 
                      vehicle charging infrastructure, hydrogen fueling 
                      infrastructure, propane fueling infrastructure, or 
                      natural gas fueling infrastructure.
                    ``(E) Project locations.--A project receiving a 
                grant under this paragraph may be located on any public 
                road or in other publicly accessible locations, such as 
                parking facilities at public buildings, public schools, 
                and public parks, or in publicly accessible parking 
                facilities owned or managed by a private entity.
                    ``(F) Priority.--In providing grants under this 
                paragraph, the Secretary shall give priority to projects 
                that expand access to electric vehicle charging 
                infrastructure, hydrogen fueling infrastructure, propane 
                fueling infrastructure, or natural gas fueling 
                infrastructure within--
                          ``(i) rural areas;
                          ``(ii) low- and moderate-income neighborhoods; 
                      and
                          ``(iii) <<NOTE: Determination.>>  communities 
                      with a low ratio of private parking spaces to 
                      households or a high ratio of multiunit dwellings 
                      to single family homes, as determined by the 
                      Secretary.
                    ``(G) Additional considerations.--In providing 
                grants under this paragraph, the Secretary shall 
                consider the extent to which the project--
                          ``(i) contributes to geographic diversity 
                      among eligible entities, including achieving a 
                      balance between urban and rural communities; and
                          ``(ii) meets current or anticipated market 
                      demands for charging or fueling infrastructure, 
                      including faster

[[Page 135 STAT. 553]]

                      charging speeds with high-powered capabilities 
                      necessary to minimize the time to charge or refuel 
                      current and anticipated vehicles.
                    ``(H) <<NOTE: Contracts.>>  Partnering with private 
                entities.--An eligible entity that receives a grant 
                under this paragraph may use the grant funds to contract 
                with a private entity for the acquisition, construction, 
                installation, maintenance, or operation of electric 
                vehicle charging infrastructure, hydrogen fueling 
                infrastructure, propane fueling infrastructure, or 
                natural gas fueling infrastructure that is directly 
                related to the charging or fueling of a vehicle.
                    ``(I) Maximum grant amount.--The amount of a grant 
                under this paragraph shall not be more than $15,000,000.
                    ``(J) Technical assistance.--Of the amounts reserved 
                under subparagraph (A), the Secretary may use not more 
                than 1 percent to provide technical assistance to 
                eligible entities.
                    ``(K) Additional activities.--The recipient of a 
                grant under this paragraph may use not more than 5 
                percent of the grant funds on educational and community 
                engagement activities to develop and implement education 
                programs through partnerships with schools, community 
                organizations, and vehicle dealerships to support the 
                use of zero-emission vehicles and associated 
                infrastructure.
            ``(9) Requirements.--
                    ``(A) Project treatment.--Notwithstanding any other 
                provision of law, any project funded by a grant under 
                this subsection shall be treated as a project on a 
                Federal-aid highway under this chapter.
                    ``(B) Signs.--Any traffic control device or on-
                premises sign acquired, installed, or operated with a 
                grant under this subsection shall comply with--
                          ``(i) the Manual on Uniform Traffic Control 
                      Devices, if located in the right-of-way; and
                          ``(ii) other provisions of Federal, State, and 
                      local law, as applicable.
            ``(10) Federal share.--
                    ``(A) In general.--The Federal share of the cost of 
                a project carried out with a grant under this subsection 
                shall not exceed 80 percent of the total project cost.
                    ``(B) <<NOTE: Payment.>>  Responsibility of private 
                entity.--As a condition of contracting with an eligible 
                entity under paragraph (6) or (8), a private entity 
                shall agree to pay the share of the cost of a project 
                carried out with a grant under this subsection that is 
                not paid by the Federal Government under subparagraph 
                (A).
            ``(11) <<NOTE: Public information.>>  Report.--Not later 
        than 3 years after the date of enactment of this subsection, the 
        Secretary shall submit to the Committee on Environment and 
        Public Works of the Senate and the Committee on Transportation 
        and Infrastructure of the House of Representatives and make 
        publicly available a report on the progress and implementation 
        of this subsection.''.
SEC. 11402. <<NOTE: 23 USC 149 note.>>  REDUCTION OF TRUCK 
                            EMISSIONS AT PORT FACILITIES.

    (a) Establishment of Program.--

[[Page 135 STAT. 554]]

            (1) <<NOTE: Studies.>>  In general.--The Secretary shall 
        establish a program to reduce idling at port facilities, under 
        which the Secretary shall--
                    (A) study how ports and intermodal port transfer 
                facilities would benefit from increased opportunities to 
                reduce emissions at ports, including through the 
                electrification of port operations;
                    (B) study emerging technologies and strategies that 
                may help reduce port-related emissions from idling 
                trucks; and
                    (C) <<NOTE: Coordination.>>  coordinate and provide 
                funding to test, evaluate, and deploy projects that 
                reduce port-related emissions from idling trucks, 
                including through the advancement of port 
                electrification and improvements in efficiency, focusing 
                on port operations, including heavy-duty commercial 
                vehicles, and other related projects.
            (2) Consultation.--In carrying out the program under this 
        subsection, the Secretary may consult with the Secretary of 
        Energy and the Administrator of the Environmental Protection 
        Agency.

    (b) Grants.--
            (1) In general.--In carrying out subsection (a)(1)(C), the 
        Secretary shall award grants to fund projects that reduce 
        emissions at ports, including through the advancement of port 
        electrification.
            (2) Cost share.--A grant awarded under paragraph (1) shall 
        not exceed 80 percent of the total cost of the project funded by 
        the grant.
            (3) Coordination.--In carrying out the grant program under 
        this subsection, the Secretary shall--
                    (A) to the maximum extent practicable, leverage 
                existing resources and programs of the Department and 
                other relevant Federal agencies; and
                    (B) <<NOTE: Determination.>>  coordinate with other 
                Federal agencies, as the Secretary determines to be 
                appropriate.
            (4) Application; selection.--
                    (A) <<NOTE: Determination.>>  Application.--The 
                Secretary shall solicit applications for grants under 
                paragraph (1) at such time, in such manner, and 
                containing such information as the Secretary determines 
                to be necessary.
                    (B) <<NOTE: Deadlines.>>  Selection.--The Secretary 
                shall make grants under paragraph (1) by not later than 
                April 1 of each fiscal year for which funding is made 
                available.
            (5) Requirement.--Notwithstanding any other provision of 
        law, any project funded by a grant under this subsection shall 
        be treated as a project on a Federal-aid highway under chapter 1 
        of title 23, United States Code.

    (c) <<NOTE: Recommenda- tions.>>  Report.--Not later than 1 year 
after the date on which all of the projects funded with a grant under 
subsection (b) are completed, the Secretary shall submit to Congress a 
report that includes--
            (1) the findings of the studies described in subparagraphs 
        (A) and (B) of subsection (a)(1);
            (2) the results of the projects that received a grant under 
        subsection (b);
            (3) any recommendations for workforce development and 
        training opportunities with respect to port electrification; and

[[Page 135 STAT. 555]]

            (4) any policy recommendations based on the findings and 
        results described in paragraphs (1) and (2).
SEC. 11403. CARBON REDUCTION PROGRAM.

    (a) In General.--Chapter 1 of title 23, United States Code (as 
amended by section 11203(a)), is amended by adding at the end the 
following:
``Sec. 175. <<NOTE: 23 USC 175.>>  Carbon reduction program

    ``(a) Definitions.--In this section:
            ``(1) Metropolitan planning organization; urbanized area.--
        The terms `metropolitan planning organization' and `urbanized 
        area' have the meaning given those terms in section 134(b).
            ``(2) Transportation emissions.--The term `transportation 
        emissions' means carbon dioxide emissions from on-road highway 
        sources of those emissions within a State.
            ``(3) Transportation management area.--The term 
        `transportation management area' means a transportation 
        management area identified or designated by the Secretary under 
        section 134(k)(1).

    ``(b) Establishment.--The Secretary shall establish a carbon 
reduction program to reduce transportation emissions.
    ``(c) Eligible Projects.--
            ``(1) In general.--Subject to paragraph (2), funds 
        apportioned to a State under section 104(b)(7) may be obligated 
        for projects to support the reduction of transportation 
        emissions, including--
                    ``(A) a project described in section 149(b)(4) to 
                establish or operate a traffic monitoring, management, 
                and control facility or program, including advanced 
                truck stop electrification systems;
                    ``(B) a public transportation project that is 
                eligible for assistance under section 142;
                    ``(C) a project described in section 101(a)(29) (as 
                in effect on the day before the date of enactment of the 
                FAST Act (Public Law 114-94; 129 Stat. 1312)), including 
                the construction, planning, and design of on-road and 
                off-road trail facilities for pedestrians, bicyclists, 
                and other nonmotorized forms of transportation;
                    ``(D) a project described in section 503(c)(4)(E) 
                for advanced transportation and congestion management 
                technologies;
                    ``(E) a project for the deployment of 
                infrastructure-based intelligent transportation systems 
                capital improvements and the installation of vehicle-to-
                infrastructure communications equipment, including 
                retrofitting dedicated short-range communications (DSRC) 
                technology deployed as part of an existing pilot program 
                to cellular vehicle-to-everything (C-V2X) technology;
                    ``(F) a project to replace street lighting and 
                traffic control devices with energy-efficient 
                alternatives;
                    ``(G) the development of a carbon reduction strategy 
                in accordance with subsection (d);
                    ``(H) a project or strategy that is designed to 
                support congestion pricing, shifting transportation 
                demand to nonpeak hours or other transportation modes, 
                increasing

[[Page 135 STAT. 556]]

                vehicle occupancy rates, or otherwise reducing demand 
                for roads, including electronic toll collection, and 
                travel demand management strategies and programs;
                    ``(I) efforts to reduce the environmental and 
                community impacts of freight movement;
                    ``(J) a project to support deployment of alternative 
                fuel vehicles, including--
                          ``(i) the acquisition, installation, or 
                      operation of publicly accessible electric vehicle 
                      charging infrastructure or hydrogen, natural gas, 
                      or propane vehicle fueling infrastructure; and
                          ``(ii) the purchase or lease of zero-emission 
                      construction equipment and vehicles, including the 
                      acquisition, construction, or leasing of required 
                      supporting facilities;
                    ``(K) a project described in section 149(b)(8) for a 
                diesel engine retrofit;
                    ``(L) a project described in section 149(b)(5) that 
                does not result in the construction of new capacity; and
                    ``(M) a project that reduces transportation 
                emissions at port facilities, including through the 
                advancement of port electrification.
            ``(2) <<NOTE: Certification.>>  Flexibility.--In addition to 
        the eligible projects under paragraph (1), a State may use funds 
        apportioned under section 104(b)(7) for a project eligible under 
        section 133(b) if the Secretary certifies that the State has 
        demonstrated a reduction in transportation emissions--
                    ``(A) as estimated on a per capita basis; and
                    ``(B) as estimated on a per unit of economic output 
                basis.

    ``(d) Carbon Reduction Strategy.--
            ``(1) <<NOTE: Deadline. Consultation.>>  In general.--Not 
        later than 2 years after the date of enactment of the Surface 
        Transportation Reauthorization Act of 2021, a State, in 
        consultation with any metropolitan planning organization 
        designated within the State, shall develop a carbon reduction 
        strategy in accordance with this subsection.
            ``(2) Requirements.--The carbon reduction strategy of a 
        State developed under paragraph (1) shall--
                    ``(A) support efforts to reduce transportation 
                emissions;
                    ``(B) identify projects and strategies to reduce 
                transportation emissions, which may include projects and 
                strategies for safe, reliable, and cost-effective 
                options--
                          ``(i) to reduce traffic congestion by 
                      facilitating the use of alternatives to single-
                      occupant vehicle trips, including public 
                      transportation facilities, pedestrian facilities, 
                      bicycle facilities, and shared or pooled vehicle 
                      trips within the State or an area served by the 
                      applicable metropolitan planning organization, if 
                      any;
                          ``(ii) to facilitate the use of vehicles or 
                      modes of travel that result in lower 
                      transportation emissions per person-mile traveled 
                      as compared to existing vehicles and modes; and
                          ``(iii) to facilitate approaches to the 
                      construction of transportation assets that result 
                      in lower transportation emissions as compared to 
                      existing approaches;

[[Page 135 STAT. 557]]

                    ``(C) support the reduction of transportation 
                emissions of the State;
                    ``(D) at the discretion of the State, quantify the 
                total carbon emissions from the production, transport, 
                and use of materials used in the construction of 
                transportation facilities within the State; and
                    ``(E) be appropriate to the population density and 
                context of the State, including any metropolitan 
                planning organization designated within the State.
            ``(3) <<NOTE: Time period.>>  Updates.--The carbon reduction 
        strategy of a State developed under paragraph (1) shall be 
        updated not less frequently than once every 4 years.
            ``(4) <<NOTE: Deadline.>>  Review.--Not later than 90 days 
        after the date on which a State submits a request for the 
        approval of a carbon reduction strategy developed by the State 
        under paragraph (1), the Secretary shall--
                    ``(A) review the process used to develop the carbon 
                reduction strategy; and
                    ``(B)(i) <<NOTE: Certification.>>  certify that the 
                carbon reduction strategy meets the requirements of 
                paragraph (2); or
                    ``(ii) deny certification of the carbon reduction 
                strategy and specify the actions necessary for the State 
                to take to correct the deficiencies in the process of 
                the State in developing the carbon reduction strategy.
            ``(5) Technical assistance.--At the request of a State, the 
        Secretary shall provide technical assistance in the development 
        of the carbon reduction strategy under paragraph (1).

    ``(e) Suballocation.--
            ``(1) In general.--For each fiscal year, of the funds 
        apportioned to the State under section 104(b)(7)--
                    ``(A) 65 percent shall be obligated, in proportion 
                to their relative shares of the population of the 
                State--
                          ``(i) in urbanized areas of the State with an 
                      urbanized area population of more than 200,000;
                          ``(ii) in urbanized areas of the State with an 
                      urbanized population of not less than 50,000 and 
                      not more than 200,000;
                          ``(iii) in urban areas of the State with a 
                      population of not less than 5,000 and not more 
                      than 49,999; and
                          ``(iv) in other areas of the State with a 
                      population of less than 5,000; and
                    ``(B) the remainder may be obligated in any area of 
                the State.
            ``(2) Metropolitan areas.--Funds attributed to an urbanized 
        area under paragraph (1)(A)(i) may be obligated in the 
        metropolitan area established under section 134 that encompasses 
        the urbanized area.
            ``(3) Distribution among urbanized areas of over 50,000 
        population.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the amounts that a State is required 
                to obligate under clauses (i) and (ii) of paragraph 
                (1)(A) shall be obligated in urbanized areas described 
                in those clauses based on the relative population of the 
                areas.
                    ``(B) Other factors.--The State may obligate the 
                funds described in subparagraph (A) based on other 
                factors if--

[[Page 135 STAT. 558]]

                          ``(i) the State and the relevant metropolitan 
                      planning organizations jointly apply to the 
                      Secretary for the permission to base the 
                      obligation on other factors; and
                          ``(ii) the Secretary grants the request.
            ``(4) Coordination in urbanized areas.--Before obligating 
        funds for an eligible project under subsection (c) in an 
        urbanized area that is not a transportation management area, a 
        State shall coordinate with any metropolitan planning 
        organization that represents the urbanized area prior to 
        determining which activities should be carried out under the 
        project.
            ``(5) Consultation in rural areas.--Before obligating funds 
        for an eligible project under subsection (c) in a rural area, a 
        State shall consult with any regional transportation planning 
        organization or metropolitan planning organization that 
        represents the rural area prior to determining which activities 
        should be carried out under the project.
            ``(6) Obligation authority.--
                    ``(A) <<NOTE: Time period.>>  In general.--A State 
                that is required to obligate in an urbanized area with 
                an urbanized area population of 50,000 or more under 
                this subsection funds apportioned to the State under 
                section 104(b)(7) shall make available during the period 
                of fiscal years 2022 through 2026 an amount of 
                obligation authority distributed to the State for 
                Federal-aid highways and highway safety construction 
                programs for use in the area that is equal to the amount 
                obtained by multiplying--
                          ``(i) the aggregate amount of funds that the 
                      State is required to obligate in the area under 
                      this subsection during the period; and
                          ``(ii) the ratio that--
                                    ``(I) the aggregate amount of 
                                obligation authority distributed to the 
                                State for Federal-aid highways and 
                                highway safety construction programs 
                                during the period; bears to
                                    ``(II) the total of the sums 
                                apportioned to the State for Federal-aid 
                                highways and highway safety construction 
                                programs (excluding sums not subject to 
                                an obligation limitation) during the 
                                period.
                    ``(B) <<NOTE: Compliance.>>  Joint responsibility.--
                Each State, each affected metropolitan planning 
                organization, and the Secretary shall jointly ensure 
                compliance with subparagraph (A).

    ``(f) Federal Share.--The Federal share of the cost of a project 
carried out using funds apportioned to a State under section 104(b)(7) 
shall be determined in accordance with section 120.
    ``(g) Treatment of Projects.--Notwithstanding any other provision of 
law, a project assisted under this section shall be treated as a project 
on a Federal-aid highway under this chapter.''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code (as amended by section 11203(b)) <<NOTE: 23 USC 101 
prec.>>  is amended by inserting after the item relating to section 174 
the following:

``175. Carbon reduction program.''.

SEC. 11404. CONGESTION RELIEF PROGRAM.

    (a) In General.--Section 129 of title 23, United States Code, is 
amended by adding at the end the following:
    ``(d) Congestion Relief Program.--

[[Page 135 STAT. 559]]

            ``(1) Definitions.--In this subsection:
                    ``(A) Eligible entity.--The term `eligible entity' 
                means any of the following:
                          ``(i) A State, for the purpose of carrying out 
                      a project in an urbanized area with a population 
                      of more than 1,000,000.
                          ``(ii) A metropolitan planning organization, 
                      city, or municipality, for the purpose of carrying 
                      out a project in an urbanized area with a 
                      population of more than 1,000,000.
                    ``(B) Integrated congestion management system.--The 
                term `integrated congestion management system' means a 
                system for the integration of management and operations 
                of a regional transportation system that includes, at a 
                minimum, traffic incident management, work zone 
                management, traffic signal timing, managed lanes, real-
                time traveler information, and active traffic 
                management, in order to maximize the capacity of all 
                facilities and modes across the applicable region.
                    ``(C) Program.--The term `program' means the 
                congestion relief program established under paragraph 
                (2).
            ``(2) <<NOTE: Grants.>>  Establishment.--The Secretary shall 
        establish a congestion relief program to provide discretionary 
        grants to eligible entities to advance innovative, integrated, 
        and multimodal solutions to congestion relief in the most 
        congested metropolitan areas of the United States.
            ``(3) Program goals.--The goals of the program are to reduce 
        highway congestion, reduce economic and environmental costs 
        associated with that congestion, including transportation 
        emissions, and optimize existing highway capacity and usage of 
        highway and transit systems through--
                    ``(A) improving intermodal integration with 
                highways, highway operations, and highway performance;
                    ``(B) reducing or shifting highway users to off-peak 
                travel times or to nonhighway travel modes during peak 
                travel times; and
                    ``(C) pricing of, or based on, as applicable--
                          ``(i) parking;
                          ``(ii) use of roadways, including in 
                      designated geographic zones; or
                          ``(iii) congestion.
            ``(4) Eligible projects.--Funds from a grant under the 
        program may be used for a project or an integrated collection of 
        projects, including planning, design, implementation, and 
        construction activities, to achieve the program goals under 
        paragraph (3), including--
                    ``(A) deployment and operation of an integrated 
                congestion management system;
                    ``(B) deployment and operation of a system that 
                implements or enforces high occupancy vehicle toll 
                lanes, cordon pricing, parking pricing, or congestion 
                pricing;
                    ``(C) deployment and operation of mobility services, 
                including establishing account-based financial systems, 
                commuter buses, commuter vans, express operations, 
                paratransit, and on-demand microtransit; and

[[Page 135 STAT. 560]]

                    ``(D) incentive programs that encourage travelers to 
                carpool, use nonhighway travel modes during peak period, 
                or travel during nonpeak periods.
            ``(5) Application; selection.--
                    ``(A) Application.--To be eligible to receive a 
                grant under the program, an eligible entity shall submit 
                to the Secretary an application at such time, in such 
                manner, and containing such information as the Secretary 
                may require.
                    ``(B) Priority.--In providing grants under the 
                program, the Secretary shall give priority to projects 
                in urbanized areas that are experiencing a high degree 
                of recurrent congestion.
                    ``(C) Federal share.--The Federal share of the cost 
                of a project carried out with a grant under the program 
                shall not exceed 80 percent of the total project cost.
                    ``(D) Minimum award.--A grant provided under the 
                program shall be not less than $10,000,000.
            ``(6) Use of tolling.--
                    ``(A) In general.--Notwithstanding subsection (a)(1) 
                and section 301 and subject to subparagraphs (B) and 
                (C), the Secretary shall allow the use of tolls on the 
                Interstate System as part of a project carried out with 
                a grant under the program.
                    ``(B) Requirements.--The Secretary may only approve 
                the use of tolls under subparagraph (A) if--
                          ``(i) the eligible entity has authority under 
                      State, and if applicable, local, law to assess the 
                      applicable toll;
                          ``(ii) the maximum toll rate for any vehicle 
                      class is not greater than the product obtained by 
                      multiplying--
                                    ``(I) the toll rate for any other 
                                vehicle class; and
                                    ``(II) 5;
                          ``(iii) the toll rates are not charged or 
                      varied on the basis of State residency;
                          ``(iv) <<NOTE: Determination.>>  the Secretary 
                      determines that the use of tolls will enable the 
                      eligible entity to achieve the program goals under 
                      paragraph (3) without a significant impact to 
                      safety or mobility within the urbanized area in 
                      which the project is located; and
                          ``(v) the use of toll revenues complies with 
                      subsection (a)(3).
                    ``(C) Limitation.--The Secretary may not approve the 
                use of tolls on the Interstate System under the program 
                in more than 10 urbanized areas.
            ``(7) Financial effects on low-income drivers.--A project 
        under the program--
                    ``(A) <<NOTE: Analysis.>>  shall include, if 
                appropriate, an analysis of the potential effects of the 
                project on low-income drivers; and
                    ``(B) may include mitigation measures to deal with 
                any potential adverse financial effects on low-income 
                drivers.''.

    (b) High Occupancy Vehicle Use of Certain Toll Facilities.--Section 
129(a) of title 23, United States Code, is amended--

[[Page 135 STAT. 561]]

            (1) by redesignating paragraph (10) as paragraph (11); and
            (2) by inserting after paragraph (9) the following:
            ``(10) High occupancy vehicle use of certain toll 
        facilities. <<NOTE: Consultation. Determination.>> --
        Notwithstanding section 102(a), in the case of a toll facility 
        that is on the Interstate System and that is constructed or 
        converted after the date of enactment of the Surface 
        Transportation Reauthorization Act of 2021, the public authority 
        with jurisdiction over the toll facility shall allow high 
        occupancy vehicles, transit, and paratransit vehicles to use the 
        facility at a discount rate or without charge, unless the public 
        authority, in consultation with the Secretary, determines that 
        the number of those vehicles using the facility reduces the 
        travel time reliability of the facility.''.
SEC. 11405. PROMOTING RESILIENT OPERATIONS FOR TRANSFORMATIVE, 
                            EFFICIENT, AND COST-SAVING 
                            TRANSPORTATION (PROTECT) PROGRAM.

    (a) In General.--Chapter 1 of title 23, United States Code (as 
amended by section 11403(a)), is amended by adding at the end the 
following:
``Sec. 176. <<NOTE: 23 USC 176.>>  Promoting Resilient Operations 
                for Transformative, Efficient, and Cost-saving 
                Transportation (PROTECT) program

    ``(a) Definitions.--In this section:
            ``(1) Emergency event.--The term `emergency event' means a 
        natural disaster or catastrophic failure resulting in--
                    ``(A) an emergency declared by the Governor of the 
                State in which the disaster or failure occurred; or
                    ``(B) an emergency or disaster declared by the 
                President.
            ``(2) Evacuation route.--The term `evacuation route' means a 
        transportation route or system that--
                    ``(A) is owned, operated, or maintained by a 
                Federal, State, Tribal, or local government;
                    ``(B) is used--
                          ``(i) to transport the public away from 
                      emergency events; or
                          ``(ii) to transport emergency responders and 
                      recovery resources; and
                    ``(C) is designated by the eligible entity with 
                jurisdiction over the area in which the route is located 
                for the purposes described in subparagraph (B).
            ``(3) Program.--The term `program' means the program 
        established under subsection (b)(1).
            ``(4) Resilience improvement.--The term `resilience 
        improvement' means the use of materials or structural or 
        nonstructural techniques, including natural infrastructure--
                    ``(A) that allow a project--
                          ``(i) to better anticipate, prepare for, and 
                      adapt to changing conditions and to withstand and 
                      respond to disruptions; and
                          ``(ii) to be better able to continue to serve 
                      the primary function of the project during and 
                      after weather events and natural disasters for the 
                      expected life of the project; or

[[Page 135 STAT. 562]]

                    ``(B) that--
                          ``(i) reduce the magnitude and duration of 
                      impacts of current and future weather events and 
                      natural disasters to a project; or
                          ``(ii) have the absorptive capacity, adaptive 
                      capacity, and recoverability to decrease project 
                      vulnerability to current and future weather events 
                      or natural disasters.

    ``(b) Establishment.--
            ``(1) In general.--The Secretary shall establish a program, 
        to be known as the `Promoting Resilient Operations for 
        Transformative, Efficient, and Cost-saving Transportation 
        program' or the `PROTECT program'.
            ``(2) <<NOTE: Grants.>>  Purpose.--The purpose of the 
        program is to provide grants for resilience improvements 
        through--
                    ``(A) formula funding distributed to States to carry 
                out subsection (c);
                    ``(B) competitive planning grants to enable 
                communities to assess vulnerabilities to current and 
                future weather events and natural disasters and changing 
                conditions, including sea level rise, and plan 
                transportation improvements and emergency response 
                strategies to address those vulnerabilities; and
                    ``(C) competitive resilience improvement grants to 
                protect--
                          ``(i) surface transportation assets by making 
                      the assets more resilient to current and future 
                      weather events and natural disasters, such as 
                      severe storms, flooding, drought, levee and dam 
                      failures, wildfire, rockslides, mudslides, sea 
                      level rise, extreme weather, including extreme 
                      temperature, and earthquakes;
                          ``(ii) communities through resilience 
                      improvements and strategies that allow for the 
                      continued operation or rapid recovery of surface 
                      transportation systems that--
                                    ``(I) serve critical local, 
                                regional, and national needs, including 
                                evacuation routes; and
                                    ``(II) provide access or service to 
                                hospitals and other medical or emergency 
                                service facilities, major employers, 
                                critical manufacturing centers, ports 
                                and intermodal facilities, utilities, 
                                and Federal facilities;
                          ``(iii) coastal infrastructure, such as a tide 
                      gate to protect highways, that is at long-term 
                      risk to sea level rise; and
                          ``(iv) natural infrastructure that protects 
                      and enhances surface transportation assets while 
                      improving ecosystem conditions, including culverts 
                      that ensure adequate flows in rivers and estuarine 
                      systems.

    ``(c) Eligible Activities for Apportioned Funding.--
            ``(1) In general.--Except as provided in paragraph (2), 
        funds apportioned to the State under section 104(b)(8) shall be 
        obligated for activities eligible under subparagraph (A), (B), 
        or (C) of subsection (d)(4).
            ``(2) Planning set-aside.--Of the funds apportioned to a 
        State under section 104(b)(8) for each fiscal year, not less

[[Page 135 STAT. 563]]

        than 2 percent shall be for activities described in subsection 
        (d)(3).
            ``(3) Requirements.--
                    ``(A) Projects in certain areas.--If a project under 
                this subsection is carried out, in whole or in part, 
                within a base floodplain, the State shall--
                          ``(i) identify the base floodplain in which 
                      the project is to be located and disclose that 
                      information to the Secretary; and
                          ``(ii) indicate to the Secretary whether the 
                      State plans to implement 1 or more components of 
                      the risk mitigation plan under section 322 of the 
                      Robert T. Stafford Disaster Relief and Emergency 
                      Assistance Act (42 U.S.C. 5165) with respect to 
                      the area.
                    ``(B) Eligibilities.--A State shall use funds 
                apportioned to the State under section 104(b)(8) for--
                          ``(i) a highway project eligible for 
                      assistance under this title;
                          ``(ii) a public transportation facility or 
                      service eligible for assistance under chapter 53 
                      of title 49; or
                          ``(iii) a port facility, including a facility 
                      that--
                                    ``(I) connects a port to other modes 
                                of transportation;
                                    ``(II) improves the efficiency of 
                                evacuations and disaster relief; or
                                    ``(III) aids transportation.
                    ``(C) System resilience.--A project carried out by a 
                State with funds apportioned to the State under section 
                104(b)(8) may include the use of natural infrastructure 
                or the construction or modification of storm surge, 
                flood protection, or aquatic ecosystem restoration 
                elements that are functionally connected to a 
                transportation improvement, such as--
                          ``(i) increasing marsh health and total area 
                      adjacent to a highway right-of-way to promote 
                      additional flood storage;
                          ``(ii) upgrades to and installation of 
                      culverts designed to withstand 100-year flood 
                      events;
                          ``(iii) upgrades to and installation of tide 
                      gates to protect highways;
                          ``(iv) upgrades to and installation of flood 
                      gates to protect tunnel entrances; and
                          ``(v) improving functionality and resiliency 
                      of stormwater controls, including inventory 
                      inspections, upgrades to, and preservation of best 
                      management practices to protect surface 
                      transportation infrastructure.
                    ``(D) Federal cost share.--
                          ``(i) In general.--Except as provided in 
                      subsection (e)(1), the Federal share of the cost 
                      of a project carried out using funds apportioned 
                      to the State under section 104(b)(8) shall not 
                      exceed 80 percent of the total project cost.
                          ``(ii) Non-federal share.--A State may use 
                      Federal funds other than Federal funds apportioned 
                      to the State under section 104(b)(8) to meet the 
                      non-

[[Page 135 STAT. 564]]

                      Federal cost share requirement for a project under 
                      this subsection.
                    ``(E) Eligible project costs.--
                          ``(i) In general.--Except as provided in 
                      clause (ii), eligible project costs for activities 
                      carried out by a State with funds apportioned to 
                      the State under section 104(b)(8) may include the 
                      costs of--
                                    ``(I) development phase activities, 
                                including planning, feasibility 
                                analysis, revenue forecasting, 
                                environmental review, preliminary 
                                engineering and design work, and other 
                                preconstruction activities; and
                                    ``(II) construction, reconstruction, 
                                rehabilitation, and acquisition of real 
                                property (including land related to the 
                                project and improvements to land), 
                                environmental mitigation, construction 
                                contingencies, acquisition of equipment 
                                directly related to improving system 
                                performance, and operational 
                                improvements.
                          ``(ii) Eligible planning costs.--In the case 
                      of a planning activity described in subsection 
                      (d)(3) that is carried out by a State with funds 
                      apportioned to the State under section 104(b)(8), 
                      eligible costs may include development phase 
                      activities, including planning, feasibility 
                      analysis, revenue forecasting, environmental 
                      review, preliminary engineering and design work, 
                      other preconstruction activities, and other 
                      activities consistent with carrying out the 
                      purposes of subsection (d)(3).
                    ``(F) Limitations.--A State--
                          ``(i) may use not more than 40 percent of the 
                      amounts apportioned to the State under section 
                      104(b)(8) for the construction of new capacity; 
                      and
                          ``(ii) may use not more than 10 percent of the 
                      amounts apportioned to the State under section 
                      104(b)(8) for activities described in subparagraph 
                      (E)(i)(I).

    ``(d) Competitive Awards.--
            ``(1) In general.--In addition to funds apportioned to 
        States under section 104(b)(8) to carry out activities under 
        subsection (c), the Secretary shall provide grants on a 
        competitive basis under this subsection to eligible entities 
        described in paragraph (2).
            ``(2) Eligible entities.--Except as provided in paragraph 
        (4)(C), the Secretary may make a grant under this subsection to 
        any of the following:
                    ``(A) A State or political subdivision of a State.
                    ``(B) A metropolitan planning organization.
                    ``(C) A unit of local government.
                    ``(D) A special purpose district or public authority 
                with a transportation function, including a port 
                authority.
                    ``(E) An Indian tribe (as defined in section 
                207(m)(1)).
                    ``(F) A Federal land management agency that applies 
                jointly with a State or group of States.
                    ``(G) A multi-State or multijurisdictional group of 
                entities described in subparagraphs (A) through (F).

[[Page 135 STAT. 565]]

            ``(3) Planning grants.--Using funds made available under 
        this subsection, the Secretary shall provide planning grants to 
        eligible entities for the purpose of--
                    ``(A) in the case of a State or metropolitan 
                planning organization, developing a resilience 
                improvement plan under subsection (e)(2);
                    ``(B) resilience planning, predesign, design, or the 
                development of data tools to simulate transportation 
                disruption scenarios, including vulnerability 
                assessments;
                    ``(C) technical capacity building by the eligible 
                entity to facilitate the ability of the eligible entity 
                to assess the vulnerabilities of the surface 
                transportation assets and community response strategies 
                of the eligible entity under current conditions and a 
                range of potential future conditions; or
                    ``(D) evacuation planning and preparation.
            ``(4) Resilience grants.--
                    ``(A) Resilience improvement grants.--
                          ``(i) In general.--Using funds made available 
                      under this subsection, the Secretary shall provide 
                      resilience improvement grants to eligible entities 
                      to carry out 1 or more eligible activities under 
                      clause (ii).
                          ``(ii) Eligible activities.--
                                    ``(I) In general.--An eligible 
                                entity may use a resilience improvement 
                                grant under this subparagraph for 1 or 
                                more construction activities to improve 
                                the ability of an existing surface 
                                transportation asset to withstand 1 or 
                                more elements of a weather event or 
                                natural disaster, or to increase the 
                                resilience of surface transportation 
                                infrastructure from the impacts of 
                                changing conditions, such as sea level 
                                rise, flooding, wildfires, extreme 
                                weather events, and other natural 
                                disasters.
                                    ``(II) Inclusions.--An activity 
                                eligible to be carried out under this 
                                subparagraph includes--
                                            ``(aa) resurfacing, 
                                        restoration, rehabilitation, 
                                        reconstruction, replacement, 
                                        improvement, or realignment of 
                                        an existing surface 
                                        transportation facility eligible 
                                        for assistance under this title;
                                            ``(bb) the incorporation of 
                                        natural infrastructure;
                                            ``(cc) the upgrade of an 
                                        existing surface transportation 
                                        facility to meet or exceed a 
                                        design standard adopted by the 
                                        Federal Highway Administration;
                                            ``(dd) the installation of 
                                        mitigation measures that prevent 
                                        the intrusion of floodwaters 
                                        into surface transportation 
                                        systems;
                                            ``(ee) strengthening systems 
                                        that remove rainwater from 
                                        surface transportation 
                                        facilities;
                                            ``(ff) upgrades to and 
                                        installation of structural 
                                        stormwater controls;

[[Page 135 STAT. 566]]

                                            ``(gg) a resilience project 
                                        that addresses identified 
                                        vulnerabilities described in the 
                                        resilience improvement plan of 
                                        the eligible entity, if 
                                        applicable;
                                            ``(hh) relocating roadways 
                                        in a base floodplain to higher 
                                        ground above projected flood 
                                        elevation levels, or away from 
                                        slide prone areas;
                                            ``(ii) stabilizing slide 
                                        areas or slopes;
                                            ``(jj) installing riprap;
                                            ``(kk) lengthening or 
                                        raising bridges to increase 
                                        waterway openings, including to 
                                        respond to extreme weather;
                                            ``(ll) increasing the size 
                                        or number of drainage 
                                        structures;
                                            ``(mm) installing seismic 
                                        retrofits on bridges;
                                            ``(nn) adding scour 
                                        protection at bridges;
                                            ``(oo) adding scour, stream 
                                        stability, coastal, and other 
                                        hydraulic countermeasures, 
                                        including spur dikes;
                                            ``(pp) vegetation management 
                                        practices in transportation 
                                        rights-of-way to improve roadway 
                                        safety, prevent against invasive 
                                        species, facilitate wildfire 
                                        control, and provide erosion 
                                        control; and
                                            ``(qq) any other protective 
                                        features, including natural 
                                        infrastructure, as determined by 
                                        the Secretary.
                          ``(iii) Priority.--The Secretary shall 
                      prioritize a resilience improvement grant to an 
                      eligible entity if--
                                    ``(I) <<NOTE: Determination.>>  the 
                                Secretary determines--
                                            ``(aa) the benefits of the 
                                        eligible activity proposed to be 
                                        carried out by the eligible 
                                        entity exceed the costs of the 
                                        activity; and
                                            ``(bb) there is a need to 
                                        address the vulnerabilities of 
                                        surface transportation assets of 
                                        the eligible entity with a high 
                                        risk of, and impacts associated 
                                        with, failure due to the impacts 
                                        of weather events, natural 
                                        disasters, or changing 
                                        conditions, such as sea level 
                                        rise, wildfires, and increased 
                                        flood risk; or
                                    ``(II) the eligible activity 
                                proposed to be carried out by the 
                                eligible entity is included in the 
                                applicable resilience improvement plan 
                                under subsection (e)(2).
                    ``(B) Community resilience and evacuation route 
                grants.--
                          ``(i) In general.--Using funds made available 
                      under this subsection, the Secretary shall provide 
                      community resilience and evacuation route grants 
                      to eligible entities to carry out 1 or more 
                      eligible activities under clause (ii).
                          ``(ii) Eligible activities.--An eligible 
                      entity may use a community resilience and 
                      evacuation route grant under this subparagraph for 
                      1 or more projects that strengthen and protect 
                      evacuation routes that are

[[Page 135 STAT. 567]]

                      essential for providing and supporting evacuations 
                      caused by emergency events, including a project 
                      that--
                                    ``(I) is an eligible activity under 
                                subparagraph (A)(ii), if that eligible 
                                activity will improve an evacuation 
                                route;
                                    ``(II) ensures the ability of the 
                                evacuation route to provide safe passage 
                                during an evacuation and reduces the 
                                risk of damage to evacuation routes as a 
                                result of future emergency events, 
                                including restoring or replacing 
                                existing evacuation routes that are in 
                                poor condition or not designed to meet 
                                the anticipated demand during an 
                                emergency event, and including steps to 
                                protect routes from mud, rock, or other 
                                debris slides;
                                    ``(III) <<NOTE: Notification.>>  if 
                                the eligible entity notifies the 
                                Secretary that existing evacuation 
                                routes are not sufficient to adequately 
                                facilitate evacuations, including the 
                                transportation of emergency responders 
                                and recovery resources, expands the 
                                capacity of evacuation routes to swiftly 
                                and safely accommodate evacuations, 
                                including installation of--
                                            ``(aa) communications and 
                                        intelligent transportation 
                                        system equipment and 
                                        infrastructure;
                                            ``(bb) counterflow measures; 
                                        or
                                            ``(cc) shoulders;
                                    ``(IV) <<NOTE: Notification.>>  is 
                                for the construction of new or redundant 
                                evacuation routes, if the eligible 
                                entity notifies the Secretary that 
                                existing evacuation routes are not 
                                sufficient to adequately facilitate 
                                evacuations, including the 
                                transportation of emergency responders 
                                and recovery resources;
                                    ``(V) is for the acquisition of 
                                evacuation route or traffic incident 
                                management equipment or signage; or
                                    ``(VI) will ensure access or service 
                                to critical destinations, including 
                                hospitals and other medical or emergency 
                                service facilities, major employers, 
                                critical manufacturing centers, ports 
                                and intermodal facilities, utilities, 
                                and Federal facilities.
                          ``(iii) <<NOTE: Determination.>>  Priority.--
                      The Secretary shall prioritize community 
                      resilience and evacuation route grants under this 
                      subparagraph for eligible activities that are 
                      cost-effective, as determined by the Secretary, 
                      taking into account--
                                    ``(I) current and future 
                                vulnerabilities to an evacuation route 
                                due to future occurrence or recurrence 
                                of emergency events that are likely to 
                                occur in the geographic area in which 
                                the evacuation route is located; and
                                    ``(II) projected changes in 
                                development patterns, demographics, and 
                                extreme weather events based on the best 
                                available evidence and analysis.
                          ``(iv) Consultation.--In providing grants for 
                      community resilience and evacuation routes under 
                      this subparagraph, the Secretary may consult with 
                      the

[[Page 135 STAT. 568]]

                      Administrator of the Federal Emergency Management 
                      Agency, who may provide technical assistance to 
                      the Secretary and to eligible entities.
                    ``(C) At-risk coastal infrastructure grants.--
                          ``(i) Definition of eligible entity.--In this 
                      subparagraph, the term `eligible entity' means any 
                      of the following:
                                    ``(I) <<NOTE: Territories.>>  A 
                                State (including the United States 
                                Virgin Islands, Guam, American Samoa, 
                                and the Commonwealth of the Northern 
                                Mariana Islands) in, or bordering on, 
                                the Atlantic, Pacific, or Arctic Ocean, 
                                the Gulf of Mexico, Long Island Sound, 
                                or 1 or more of the Great Lakes.
                                    ``(II) A political subdivision of a 
                                State described in subclause (I).
                                    ``(III) A metropolitan planning 
                                organization in a State described in 
                                subclause (I).
                                    ``(IV) A unit of local government in 
                                a State described in subclause (I).
                                    ``(V) A special purpose district or 
                                public authority with a transportation 
                                function, including a port authority, in 
                                a State described in subclause (I).
                                    ``(VI) An Indian tribe in a State 
                                described in subclause (I).
                                    ``(VII) A Federal land management 
                                agency that applies jointly with a State 
                                or group of States described in 
                                subclause (I).
                                    ``(VIII) A multi-State or 
                                multijurisdictional group of entities 
                                described in subclauses (I) through 
                                (VII).
                          ``(ii) Grants.--Using funds made available 
                      under this subsection, the Secretary shall provide 
                      at-risk coastal infrastructure grants to eligible 
                      entities to carry out 1 or more eligible 
                      activities under clause (iii).
                          ``(iii) Eligible activities.--An eligible 
                      entity may use an at-risk coastal infrastructure 
                      grant under this subparagraph for strengthening, 
                      stabilizing, hardening, elevating, relocating, or 
                      otherwise enhancing the resilience of highway and 
                      non-rail infrastructure, including bridges, roads, 
                      pedestrian walkways, and bicycle lanes, and 
                      associated infrastructure, such as culverts and 
                      tide gates to protect highways, that are subject 
                      to, or face increased long-term future risks of, a 
                      weather event, a natural disaster, or changing 
                      conditions, including coastal flooding, coastal 
                      erosion, wave action, storm surge, or sea level 
                      rise, in order to improve transportation and 
                      public safety and to reduce costs by avoiding 
                      larger future maintenance or rebuilding costs.
                          ``(iv) Criteria.--The Secretary shall provide 
                      at-risk coastal infrastructure grants under this 
                      subparagraph for a project--
                                    ``(I) that addresses the risks from 
                                a current or future weather event or 
                                natural disaster, including coastal 
                                flooding, coastal erosion, wave action, 
                                storm surge, or sea level change; and

[[Page 135 STAT. 569]]

                                    ``(II) that reduces long-term 
                                infrastructure costs by avoiding larger 
                                future maintenance or rebuilding costs.
                          ``(v) <<NOTE: Evaluation.>>  Coastal 
                      benefits.--In addition to the criteria under 
                      clause (iv), for the purpose of providing at-risk 
                      coastal infrastructure grants under this 
                      subparagraph, the Secretary shall evaluate the 
                      extent to which a project will provide--
                                    ``(I) access to coastal homes, 
                                businesses, communities, and other 
                                critical infrastructure, including 
                                access by first responders and other 
                                emergency personnel; or
                                    ``(II) access to a designated 
                                evacuation route.
            ``(5) Grant requirements.--
                    ``(A) Solicitations for grants.--In providing grants 
                under this subsection, the Secretary shall conduct a 
                transparent and competitive national solicitation 
                process to select eligible projects to receive grants 
                under paragraph (3) and subparagraphs (A), (B), and (C) 
                of paragraph (4).
                    ``(B) Applications.--
                          ``(i) <<NOTE: Determination.>>  In general.--
                      To be eligible to receive a grant under paragraph 
                      (3) or subparagraph (A), (B), or (C) of paragraph 
                      (4), an eligible entity shall submit to the 
                      Secretary an application in such form, at such 
                      time, and containing such information as the 
                      Secretary determines to be necessary.
                          ``(ii) Projects in certain areas.--If a 
                      project is proposed to be carried out by the 
                      eligible entity, in whole or in part, within a 
                      base floodplain, the eligible entity shall--
                                    ``(I) <<NOTE: Disclosure.>>  as part 
                                of the application, identify the 
                                floodplain in which the project is to be 
                                located and disclose that information to 
                                the Secretary; and
                                    ``(II) indicate in the application 
                                whether, if selected, the eligible 
                                entity will implement 1 or more 
                                components of the risk mitigation plan 
                                under section 322 of the Robert T. 
                                Stafford Disaster Relief and Emergency 
                                Assistance Act (42 U.S.C. 5165) with 
                                respect to the area.
                    ``(C) Eligibilities.--The Secretary may make a grant 
                under paragraph (3) or subparagraph (A), (B), or (C) of 
                paragraph (4) only for--
                          ``(i) a highway project eligible for 
                      assistance under this title;
                          ``(ii) a public transportation facility or 
                      service eligible for assistance under chapter 53 
                      of title 49;
                          ``(iii) a facility or service for intercity 
                      rail passenger transportation (as defined in 
                      section 24102 of title 49); or
                          ``(iv) a port facility, including a facility 
                      that--
                                    ``(I) connects a port to other modes 
                                of transportation;
                                    ``(II) improves the efficiency of 
                                evacuations and disaster relief; or
                                    ``(III) aids transportation.
                    ``(D) <<NOTE: Determination.>>  System resilience.--
                A project for which a grant is provided under paragraph 
                (3) or subparagraph (A), (B),

[[Page 135 STAT. 570]]

                or (C) of paragraph (4) may include the use of natural 
                infrastructure or the construction or modification of 
                storm surge, flood protection, or aquatic ecosystem 
                restoration elements that the Secretary determines are 
                functionally connected to a transportation improvement, 
                such as--
                          ``(i) increasing marsh health and total area 
                      adjacent to a highway right-of-way to promote 
                      additional flood storage;
                          ``(ii) upgrades to and installing of culverts 
                      designed to withstand 100-year flood events;
                          ``(iii) upgrades to and installation of tide 
                      gates to protect highways; and
                          ``(iv) upgrades to and installation of flood 
                      gates to protect tunnel entrances.
                    ``(E) Federal cost share.--
                          ``(i) Planning grant.--The Federal share of 
                      the cost of a planning activity carried out using 
                      a planning grant under paragraph (3) shall be 100 
                      percent.
                          ``(ii) Resilience grants.--
                                    ``(I) In general.--Except as 
                                provided in subclause (II) and 
                                subsection (e)(1), the Federal share of 
                                the cost of a project carried out using 
                                a grant under subparagraph (A), (B), or 
                                (C) of paragraph (4) shall not exceed 80 
                                percent of the total project cost.
                                    ``(II) <<NOTE: Determination.>>  
                                Tribal projects.--On the determination 
                                of the Secretary, the Federal share of 
                                the cost of a project carried out using 
                                a grant under subparagraph (A), (B), or 
                                (C) of paragraph (4) by an Indian tribe 
                                (as defined in section 207(m)(1)) may be 
                                up to 100 percent.
                          ``(iii) Non-federal share.--The eligible 
                      entity may use Federal funds other than Federal 
                      funds provided under this subsection to meet the 
                      non-Federal cost share requirement for a project 
                      carried out with a grant under this subsection.
                    ``(F) Eligible project costs.--
                          ``(i) Resilience grant projects.--Eligible 
                      project costs for activities funded with a grant 
                      under subparagraph (A), (B), or (C) of paragraph 
                      (4) may include the costs of--
                                    ``(I) development phase activities, 
                                including planning, feasibility 
                                analysis, revenue forecasting, 
                                environmental review, preliminary 
                                engineering and design work, and other 
                                preconstruction activities; and
                                    ``(II) construction, reconstruction, 
                                rehabilitation, and acquisition of real 
                                property (including land related to the 
                                project and improvements to land), 
                                environmental mitigation, construction 
                                contingencies, acquisition of equipment 
                                directly related to improving system 
                                performance, and operational 
                                improvements.
                          ``(ii) Planning grants.--Eligible project 
                      costs for activities funded with a grant under 
                      paragraph (3) may include the costs of development 
                      phase activities,

[[Page 135 STAT. 571]]

                      including planning, feasibility analysis, revenue 
                      forecasting, environmental review, preliminary 
                      engineering and design work, other preconstruction 
                      activities, and other activities consistent with 
                      carrying out the purposes of that paragraph.
                    ``(G) Limitations.--
                          ``(i) In general.--An eligible entity that 
                      receives a grant under subparagraph (A), (B), or 
                      (C) of paragraph (4)--
                                    ``(I) may use not more than 40 
                                percent of the amount of the grant for 
                                the construction of new capacity; and
                                    ``(II) may use not more than 10 
                                percent of the amount of the grant for 
                                activities described in subparagraph 
                                (F)(i)(I).
                          ``(ii) Limit on certain activities.--For each 
                      fiscal year, not more than 25 percent of the total 
                      amount provided under this subsection may be used 
                      for projects described in subparagraph (C)(iii).
                    ``(H) <<NOTE: Determinations.>>  Distribution of 
                grants.--
                          ``(i) In general.--Subject to the availability 
                      of funds, an eligible entity may request and the 
                      Secretary may distribute funds for a grant under 
                      this subsection on a multiyear basis, as the 
                      Secretary determines to be necessary.
                          ``(ii) Rural set-aside.--Of the amounts made 
                      available to carry out this subsection for each 
                      fiscal year, the Secretary shall use not less than 
                      25 percent for grants for projects located in 
                      areas that are outside an urbanized area with a 
                      population of over 200,000.
                          ``(iii) Tribal set-aside.--Of the amounts made 
                      available to carry out this subsection for each 
                      fiscal year, the Secretary shall use not less than 
                      2 percent for grants to Indian tribes (as defined 
                      in section 207(m)(1)).
                          ``(iv) Reallocation.--For any fiscal year, if 
                      the Secretary determines that the amount described 
                      in clause (ii) or (iii) will not be fully utilized 
                      for the grant described in that clause, the 
                      Secretary may reallocate the unutilized funds to 
                      provide grants to other eligible entities under 
                      this subsection.
            ``(6) Consultation.--In carrying out this subsection, the 
        Secretary shall--
                    ``(A) consult with the Assistant Secretary of the 
                Army for Civil Works, the Administrator of the 
                Environmental Protection Agency, the Secretary of the 
                Interior, and the Secretary of Commerce; and
                    ``(B) solicit technical support from the 
                Administrator of the Federal Emergency Management 
                Agency.
            ``(7) Grant administration.--The Secretary may--
                    ``(A) retain not more than a total of 5 percent of 
                the funds made available to carry out this subsection 
                and to review applications for grants under this 
                subsection; and
                    ``(B) <<NOTE: Transfer authority.>>  transfer 
                portions of the funds retained under subparagraph (A) to 
                the relevant Administrators to fund the award and 
                oversight of grants provided under this subsection.

[[Page 135 STAT. 572]]

    ``(e) Resilience Improvement Plan and Lower Non-Federal Share.--
            ``(1) Federal share reductions.--
                    ``(A) In general.--A State that receives funds 
                apportioned to the State under section 104(b)(8) or an 
                eligible entity that receives a grant under subsection 
                (d) shall have the non-Federal share of a project 
                carried out with the funds or grant, as applicable, 
                reduced by an amount described in subparagraph (B) if 
                the State or eligible entity meets the applicable 
                requirements under that subparagraph.
                    ``(B) Amount of reductions.--
                          ``(i) Resilience improvement plan.--Subject to 
                      clause (iii), the amount of the non-Federal share 
                      of the costs of a project carried out with funds 
                      apportioned to a State under section 104(b)(8) or 
                      a grant under subsection (d) shall be reduced by 7 
                      percentage points if--
                                    ``(I) in the case of a State or an 
                                eligible entity that is a State or a 
                                metropolitan planning organization, the 
                                State or eligible entity has--
                                            ``(aa) developed a 
                                        resilience improvement plan in 
                                        accordance with this subsection; 
                                        and
                                            ``(bb) prioritized the 
                                        project on that resilience 
                                        improvement plan; and
                                    ``(II) in the case of an eligible 
                                entity not described in subclause (I), 
                                the eligible entity is located in a 
                                State or an area served by a 
                                metropolitan planning organization that 
                                has--
                                            ``(aa) developed a 
                                        resilience improvement plan in 
                                        accordance with this subsection; 
                                        and
                                            ``(bb) prioritized the 
                                        project on that resilience 
                                        improvement plan.
                          ``(ii) Incorporation of resilience improvement 
                      plan in other planning.--Subject to clause (iii), 
                      the amount of the non-Federal share of the cost of 
                      a project carried out with funds under subsection 
                      (c) or a grant under subsection (d) shall be 
                      reduced by 3 percentage points if--
                                    ``(I) in the case of a State or an 
                                eligible entity that is a State or a 
                                metropolitan planning organization, the 
                                resilience improvement plan developed in 
                                accordance with this subsection has been 
                                incorporated into the metropolitan 
                                transportation plan under section 134 or 
                                the long-range statewide transportation 
                                plan under section 135, as applicable; 
                                and
                                    ``(II) in the case of an eligible 
                                entity not described in subclause (I), 
                                the eligible entity is located in a 
                                State or an area served by a 
                                metropolitan planning organization that 
                                incorporated a resilience improvement 
                                plan into the metropolitan 
                                transportation plan under section 134 or 
                                the long-range statewide transportation 
                                plan under section 135, as applicable.
                          ``(iii) Limitations.--

[[Page 135 STAT. 573]]

                                    ``(I) Maximum reduction.--A State or 
                                eligible entity may not receive a 
                                reduction under this paragraph of more 
                                than 10 percentage points for any single 
                                project carried out with funds under 
                                subsection (c) or a grant under 
                                subsection (d).
                                    ``(II) No negative non-federal 
                                share.--A reduction under this paragraph 
                                shall not reduce the non-Federal share 
                                of the costs of a project carried out 
                                with funds under subsection (c) or a 
                                grant under subsection (d) to an amount 
                                that is less than zero.
            ``(2) Plan contents.--A resilience improvement plan referred 
        to in paragraph (1)--
                    ``(A) shall be for the immediate and long-range 
                planning activities and investments of the State or 
                metropolitan planning organization with respect to 
                resilience of the surface transportation system within 
                the boundaries of the State or metropolitan planning 
                organization, as applicable;
                    ``(B) shall demonstrate a systemic approach to 
                surface transportation system resilience and be 
                consistent with and complementary of the State and local 
                mitigation plans required under section 322 of the 
                Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5165);
                    ``(C) <<NOTE: Assessment.>>  shall include a risk-
                based assessment of vulnerabilities of transportation 
                assets and systems to current and future weather events 
                and natural disasters, such as severe storms, flooding, 
                drought, levee and dam failures, wildfire, rockslides, 
                mudslides, sea level rise, extreme weather, including 
                extreme temperatures, and earthquakes;
                    ``(D) may--
                          ``(i) designate evacuation routes and 
                      strategies, including multimodal facilities, 
                      designated with consideration for individuals 
                      without access to personal vehicles;
                          ``(ii) plan for response to anticipated 
                      emergencies, including plans for the mobility of--
                                    ``(I) emergency response personnel 
                                and equipment; and
                                    ``(II) access to emergency services, 
                                including for vulnerable or 
                                disadvantaged populations;
                          ``(iii) describe the resilience improvement 
                      policies, including strategies, land-use and 
                      zoning changes, investments in natural 
                      infrastructure, or performance measures that will 
                      inform the transportation investment decisions of 
                      the State or metropolitan planning organization 
                      with the goal of increasing resilience;
                          ``(iv) include an investment plan that--
                                    ``(I) <<NOTE: List.>>  includes a 
                                list of priority projects; and
                                    ``(II) describes how funds 
                                apportioned to the State under section 
                                104(b)(8) or provided by a grant under 
                                the program would be invested and 
                                matched, which shall not be subject to 
                                fiscal constraint requirements; and
                          ``(v) use science and data and indicate the 
                      source of data and methodologies; and

[[Page 135 STAT. 574]]

                    ``(E) shall, as appropriate--
                          ``(i) include a description of how the plan 
                      will improve the ability of the State or 
                      metropolitan planning organization--
                                    ``(I) to respond promptly to the 
                                impacts of weather events and natural 
                                disasters; and
                                    ``(II) to be prepared for changing 
                                conditions, such as sea level rise and 
                                increased flood risk;
                          ``(ii) describe the codes, standards, and 
                      regulatory framework, if any, adopted and enforced 
                      to ensure resilience improvements within the 
                      impacted area of proposed projects included in the 
                      resilience improvement plan;
                          ``(iii) consider the benefits of combining 
                      hard surface transportation assets, and natural 
                      infrastructure, through coordinated efforts by the 
                      Federal Government and the States;
                          ``(iv) <<NOTE: Assessment.>>  assess the 
                      resilience of other community assets, including 
                      buildings and housing, emergency management 
                      assets, and energy, water, and communication 
                      infrastructure;
                          ``(v) use a long-term planning period; and
                          ``(vi) include such other information as the 
                      State or metropolitan planning organization 
                      considers appropriate.
            ``(3) No new planning requirements.--Nothing in this section 
        requires a metropolitan planning organization or a State to 
        develop a resilience improvement plan or to include a resilience 
        improvement plan under the metropolitan transportation plan 
        under section 134 or the long-range statewide transportation 
        plan under section 135, as applicable, of the metropolitan 
        planning organization or State.

    ``(f) Monitoring.--
            ``(1) <<NOTE: Deadline.>>  In general.--Not later than 18 
        months after the date of enactment of this section, the 
        Secretary shall--
                    ``(A) establish, for the purpose of evaluating the 
                effectiveness and impacts of projects carried out with a 
                grant under subsection (d)--
                          ``(i) <<NOTE: Determination.>>  subject to 
                      paragraph (2), transportation and any other 
                      metrics as the Secretary determines to be 
                      necessary; and
                          ``(ii) <<NOTE: Procedures.>>  procedures for 
                      monitoring and evaluating projects based on those 
                      metrics; and
                    ``(B) select a representative sample of projects to 
                evaluate based on the metrics and procedures established 
                under subparagraph (A).
            ``(2) Notice.--Before adopting any metrics described in 
        paragraph (1), the Secretary shall--
                    ``(A) <<NOTE: Federal Register, publication.>>  
                publish the proposed metrics in the Federal Register; 
                and
                    ``(B) <<NOTE: Public comment.>>  provide to the 
                public an opportunity for comment on the proposed 
                metrics.

    ``(g) Reports.--
            ``(1) Reports from eligible entities.--Not later than 1 year 
        after the date on which a project carried out with a grant under 
        subsection (d) is completed, the eligible entity that carried 
        out the project shall submit to the Secretary a

[[Page 135 STAT. 575]]

        report on the results of the project and the use of the funds 
        awarded.
            ``(2) Reports to congress.--
                    ``(A) <<NOTE: Web posting.>>  Annual reports.--The 
                Secretary shall submit to the Committee on Environment 
                and Public Works of the Senate and the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives, and publish on the website of the 
                Department of Transportation, an annual report that 
                describes the implementation of the program during the 
                preceding calendar year, including--
                          ``(i) each project for which a grant was 
                      provided under subsection (d);
                          ``(ii) information relating to project 
                      applications received;
                          ``(iii) the manner in which the consultation 
                      requirements were implemented under subsection 
                      (d);
                          ``(iv) <<NOTE: Recommenda- tions.>>  
                      recommendations to improve the administration of 
                      subsection (d), including whether assistance from 
                      additional or fewer agencies to carry out the 
                      program is appropriate;
                          ``(v) the period required to disburse grant 
                      funds to eligible entities based on applicable 
                      Federal coordination requirements; and
                          ``(vi) <<NOTE: List.>>  a list of facilities 
                      that repeatedly require repair or reconstruction 
                      due to emergency events.
                    ``(B) Final report.--Not later than 5 years after 
                the date of enactment of the Surface Transportation 
                Reauthorization Act of 2021, the Secretary shall submit 
                to Congress a report that includes the results of the 
                reports submitted under subparagraph (A).

    ``(h) Treatment of Projects.--Notwithstanding any other provision of 
law, a project assisted under this section shall be treated as a project 
on a Federal-aid highway under this chapter.''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code (as amended by section 11403(b)), <<NOTE: 23 USC 101 
prec.>>  is amended by inserting after the item relating to section 175 
the following:

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

SEC. 11406. <<NOTE: 23 USC 149 note.>>  HEALTHY STREETS PROGRAM.

    (a) Definitions.--In this section:
            (1) Cool pavement.--The term ``cool pavement'' means a 
        pavement with reflective surfaces with higher albedo to decrease 
        the surface temperature of that pavement.
            (2) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State;
                    (B) a metropolitan planning organization;
                    (C) a unit of local government;
                    (D) a Tribal government; and
                    (E) a nonprofit organization working in coordination 
                with an entity described in subparagraphs (A) through 
                (D).
            (3) Low-income community.--The term ``low-income community'' 
        means a census block group in which not less than 30 percent of 
        the population lives below the poverty line

[[Page 135 STAT. 576]]

        (as defined in section 673 of the Community Services Block Grant 
        Act (42 U.S.C. 9902)).
            (4) Porous pavement.--The term ``porous pavement'' means a 
        paved surface with a higher than normal percentage of air voids 
        to allow water to pass through the surface and infiltrate into 
        the subsoil.
            (5) Program.--The term ``program'' means the Healthy Streets 
        program established under subsection (b).
            (6) State.--The term ``State'' has the meaning given the 
        term in section 101(a) of title 23, United States Code.
            (7) Tribal government.--The term ``Tribal government'' means 
        the recognized governing body of any Indian or Alaska Native 
        tribe, band, nation, pueblo, village, community, component band, 
        or component reservation, individually identified (including 
        parenthetically) in the list published most recently as of the 
        date of enactment of this Act pursuant to section 104 of the 
        Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 
        5131).

    (b) <<NOTE: Grants.>>  Establishment.--The Secretary shall establish 
a discretionary grant program, to be known as the ``Healthy Streets 
program'', to provide grants to eligible entities--
            (1) to deploy cool pavements and porous pavements; and
            (2) to expand tree cover.

    (c) Goals.--The goals of the program are--
            (1) to mitigate urban heat islands;
            (2) to improve air quality; and
            (3) to reduce--
                    (A) the extent of impervious surfaces;
                    (B) stormwater runoff and flood risks; and
                    (C) heat impacts to infrastructure and road users.

    (d) Application.--
            (1) In general.--To be eligible to receive a grant under the 
        program, an eligible entity shall submit to the Secretary an 
        application at such time, in such manner, and containing such 
        information as the Secretary may require.
            (2) Requirements.--The application submitted by an eligible 
        entity under paragraph (1) shall include a description of--
                    (A) how the eligible entity would use the grant 
                funds; and
                    (B) the contribution that the projects intended to 
                be carried out with grant funds would make to improving 
                the safety, health outcomes, natural environment, and 
                quality of life in low-income communities and 
                disadvantaged communities.

    (e) Use of Funds.--An eligible entity that receives a grant under 
the program may use the grant funds for 1 or more of the following 
activities:
            (1) <<NOTE: Assessment.>>  Conducting an assessment of urban 
        heat islands to identify hot spot areas of extreme heat or 
        elevated air pollution.
            (2) <<NOTE: Assessment.>>  Conducting a comprehensive tree 
        canopy assessment, which shall assess the current tree locations 
        and canopy, including--
                    (A) <<NOTE: Inventory.>>  an inventory of the 
                location, species, condition, and health of existing 
                tree canopies and trees on public facilities; and
                    (B) an identification of--

[[Page 135 STAT. 577]]

                          (i) the locations where trees need to be 
                      replaced;
                          (ii) empty tree boxes or other locations where 
                      trees could be added; and
                          (iii) flood-prone locations where trees or 
                      other natural infrastructure could mitigate 
                      flooding.
            (3) <<NOTE: Assessment.>>  Conducting an equity assessment 
        by mapping tree canopy gaps, flood-prone locations, and urban 
        heat island hot spots as compared to--
                    (A) pedestrian walkways and public transportation 
                stop locations;
                    (B) low-income communities; and
                    (C) disadvantaged communities.
            (4) <<NOTE: Plan.>>  Planning activities, including 
        developing an investment plan based on the results of the 
        assessments carried out under paragraphs (1), (2), and (3).
            (5) Purchasing and deploying cool pavements to mitigate 
        urban heat island hot spots.
            (6) Purchasing and deploying porous pavement to mitigate 
        flooding and stormwater runoff in--
                    (A) pedestrian-only areas; and
                    (B) areas of low-volume, low-speed vehicular use.
            (7) Purchasing of trees, site preparation, planting of 
        trees, ongoing maintenance and monitoring of trees, and 
        repairing of storm damage to trees, with priority given to--
                    (A) to the extent practicable, the planting of 
                native species; and
                    (B) projects located in a neighborhood with lower 
                tree cover or higher maximum daytime summer temperatures 
                compared to surrounding neighborhoods.
            (8) <<NOTE: Assessment.>>  Assessing underground 
        infrastructure and coordinating with local transportation and 
        utility providers.
            (9) Hiring staff to conduct any of the activities described 
        in paragraphs (1) through (8).

    (f) Priority.--In awarding grants to eligible entities under the 
program, the Secretary shall give priority to an eligible entity--
            (1) proposing to carry out an activity or project in a low-
        income community or a disadvantaged community;
            (2) that has entered into a community benefits agreement 
        with representatives of the community; or
            (3) that is partnering with a qualified youth or 
        conservation corps (as defined in section 203 of the Public 
        Lands Corps Act of 1993 (16 U.S.C. 1722)).

    (g) Distribution Requirement.--Of the amounts made available to 
carry out the program for each fiscal year, not less than 80 percent 
shall be provided for projects in urbanized areas (as defined in section 
101(a) of title 23, United States Code).
    (h) Federal Share.--
            (1) In general.--Except as provided under paragraph (2), the 
        Federal share of the cost of a project carried out under the 
        program shall be 80 percent.
            (2) <<NOTE: Determination.>>  Waiver.--The Secretary may 
        increase the Federal share requirement under paragraph (1) to 
        100 percent for projects carried out by an eligible entity that 
        demonstrates economic hardship, as determined by the Secretary.

    (i) Maximum Grant Amount.--An individual grant under this section 
shall not exceed $15,000,000.

[[Page 135 STAT. 578]]

    (j) Treatment of Projects.--Notwithstanding any other provision of 
law, a project assisted under this section shall be treated as a project 
on a Federal-aid highway under chapter 1 of title 23, United States 
Code.

                        Subtitle E--Miscellaneous

SEC. 11501. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST FUND.

    (a) <<NOTE: Repeal.>>  In General.--Section 105 of title 23, United 
States Code, is repealed.

    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, <<NOTE: 23 USC 101 prec.>>  is amended by striking 
the item relating to section 105.
SEC. 11502. <<NOTE: 23 USC 148 note.>>  STOPPING THREATS ON 
                            PEDESTRIANS.

    (a) Definition of Bollard Installation Project.--In this section, 
the term ``bollard installation project'' means a project to install 
raised concrete or metal posts on a sidewalk adjacent to a roadway that 
are designed to slow or stop a motor vehicle.
    (b) <<NOTE: Deadline. Grants.>>  Establishment.--Not later than 1 
year after the date of enactment of this Act and subject to the 
availability of appropriations, the Secretary shall establish and carry 
out a competitive grant pilot program to provide assistance to State 
departments of transportation and local government entities for bollard 
installation projects designed to prevent pedestrian injuries and acts 
of terrorism in areas used by large numbers of pedestrians.

    (c) <<NOTE: Determination.>>  Application.--To be eligible to 
receive a grant under this section, a State department of transportation 
or local government entity shall submit to the Secretary an application 
at such time, in such form, and containing such information as the 
Secretary determines to be appropriate, which shall include, at a 
minimum--
            (1) a description of the proposed bollard installation 
        project to be carried out;
            (2) a description of the pedestrian injury or terrorism 
        risks with respect to the proposed installation area; and
            (3) <<NOTE: Analysis.>>  an analysis of how the proposed 
        bollard installation project will mitigate those risks.

    (d) Use of Funds.--A recipient of a grant under this section may 
only use the grant funds for a bollard installation project.
    (e) Federal Share.--The Federal share of the costs of a bollard 
installation project carried out with a grant under this section may be 
up to 100 percent.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $5,000,000 for 
each of fiscal years 2022 through 2026.
    (g) Treatment of Projects.--Notwithstanding any other provision of 
law, a project assisted under this section shall be treated as a project 
on a Federal-aid highway under chapter 1 of title 23, United States 
Code.
SEC. 11503. <<NOTE: 23 USC 120 note.>>  TRANSFER AND SALE OF TOLL 
                            CREDITS.

    (a) Definitions.--In this section:
            (1) Originating state.--The term ``originating State'' means 
        a State that--
                    (A) is eligible to use a credit under section 120(i) 
                of title 23, United States Code; and

[[Page 135 STAT. 579]]

                    (B) has been selected by the Secretary under 
                subsection (d)(2).
            (2) Pilot program.--The term ``pilot program'' means the 
        pilot program established under subsection (b).
            (3) Recipient state.--The term ``recipient State'' means a 
        State that receives a credit by transfer or by sale under this 
        section from an originating State.
            (4) State.--The term ``State'' has the meaning given the 
        term in section 101(a) of title 23, United States Code.

    (b) Establishment of Pilot Program.--The Secretary shall establish 
and implement a toll credit exchange pilot program in accordance with 
this section.
    (c) Purposes.--The purposes of the pilot program are--
            (1) to identify the extent of the demand to purchase toll 
        credits;
            (2) to identify the cash price of toll credits through 
        bilateral transactions between States;
            (3) to analyze the impact of the purchase or sale of toll 
        credits on transportation expenditures;
            (4) to test the feasibility of expanding the pilot program 
        to allow all States to participate on a permanent basis; and
            (5) to identify any other repercussions of the toll credit 
        exchange.

    (d) Selection of Originating States.--
            (1) <<NOTE: Verification.>>  Application.--In order to 
        participate in the pilot program as an originating State, a 
        State shall submit to the Secretary an application at such time, 
        in such manner, and containing such information as the Secretary 
        may require, including, at a minimum, such information as is 
        required for the Secretary to verify--
                    (A) the amount of unused toll credits for which the 
                State has submitted certification to the Secretary that 
                are available to be sold or transferred under the pilot 
                program, including--
                          (i) toll revenue generated and the sources of 
                      that revenue;
                          (ii) toll revenue used by public, quasi-
                      public, and private agencies to build, improve, or 
                      maintain highways, bridges, or tunnels that serve 
                      the public purpose of interstate commerce; and
                          (iii) an accounting of any Federal funds used 
                      by the public, quasi-public, or private agency to 
                      build, improve, or maintain the toll facility, to 
                      validate that the credit has been reduced by a 
                      percentage equal to the percentage of the total 
                      cost of building, improving, or maintaining the 
                      facility that was derived from Federal funds;
                    (B) the documentation of maintenance of effort for 
                toll credits earned by the originating State; and
                    (C) the accuracy of the accounting system of the 
                State to earn and track toll credits.
            (2) Selection.--Of the States that submit an application 
        under paragraph (1), the Secretary may select not more than 10 
        States to be designated as an originating State.
            (3) Limitation on sales.--At any time, the Secretary may 
        limit the amount of unused toll credits that may be offered for 
        sale under the pilot program.

[[Page 135 STAT. 580]]

    (e) Transfer or Sale of Credits.--
            (1) In general.--In carrying out the pilot program, the 
        Secretary shall provide that an originating State may transfer 
        or sell to a recipient State a credit not previously used by the 
        originating State under section 120(i) of title 23, United 
        States Code.
            (2) <<NOTE: Public information.>>  Website support.--The 
        Secretary shall make available a publicly accessible website on 
        which originating States shall post the amount of toll credits, 
        verified under subsection (d)(1)(A), that are available for sale 
        or transfer to a recipient State.
            (3) Bilateral transactions.--An originating State and a 
        recipient State may enter into a bilateral transaction to sell 
        or transfer verified toll credits.
            (4) <<NOTE: Deadline.>>  Notification.--Not later than 30 
        days after the date on which a credit is transferred or sold, 
        the originating State and the recipient State shall jointly 
        submit to the Secretary a written notification of the transfer 
        or sale, including details on--
                    (A) the amount of toll credits that have been sold 
                or transferred;
                    (B) the price paid or other value transferred in 
                exchange for the toll credits;
                    (C) the intended use by the recipient State of the 
                toll credits, if known;
                    (D) the intended use by the originating State of the 
                cash or other value transferred;
                    (E) an update on the toll credit balance of the 
                originating State and the recipient State; and
                    (F) any other information about the transaction that 
                the Secretary may require.
            (5) Use of credits by transferee or purchaser.--A recipient 
        State may use a credit received under paragraph (1) toward the 
        non-Federal share requirement for any funds made available to 
        carry out title 23 or chapter 53 of title 49, United States 
        Code, in accordance with section 120(i) of title 23, United 
        States Code.
            (6) Use of proceeds from sale of credits.--An originating 
        State shall use the proceeds from the sale of a credit under 
        paragraph (1) for the construction costs of any project in the 
        originating State that is eligible under title 23, United States 
        Code.

    (f) Reporting Requirements.--
            (1) Initial report.--Not later than 1 year after the date on 
        which the pilot program is established, 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 progress of the 
        pilot program.
            (2) Final report.--Not later than 3 years after the date on 
        which the pilot program is established, the Secretary shall--
                    (A) submit to the Committee on Environment and 
                Public Works of the Senate and the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives a report that--
                          (i) <<NOTE: Determination.>>  determines 
                      whether a toll credit marketplace is viable and 
                      cost-effective;

[[Page 135 STAT. 581]]

                          (ii) describes the buying and selling 
                      activities under the pilot program;
                          (iii) describes the average sale price of toll 
                      credits;
                          (iv) <<NOTE: Determination.>>  determines 
                      whether the pilot program could be expanded to 
                      more States or all States or to non-State 
                      operators of toll facilities;
                          (v) provides updated information on the toll 
                      credit balance accumulated by each State; and
                          (vi) describes the list of projects that were 
                      assisted by the pilot program; and
                    (B) <<NOTE: Public information. Web posting.>>  make 
                the report under subparagraph (A) publicly available on 
                the website of the Department.

    (g) Termination.--
            (1) <<NOTE: Determination.>>  In general.--The Secretary may 
        terminate the pilot program or the participation of any State in 
        the pilot program if the Secretary determines that--
                    (A) the pilot program is not serving a public 
                benefit; or
                    (B) it is not cost effective to carry out the pilot 
                program.
            (2) Procedures.--The termination of the pilot program or the 
        participation of a State in the pilot program shall be carried 
        out consistent with Federal requirements for project closeout, 
        adjustment, and continuing responsibilities.
SEC. 11504. STUDY OF IMPACTS ON ROADS FROM SELF-DRIVING VEHICLES.

    (a) <<NOTE: Deadline.>>  In General.--Not later than 60 days after 
the date of enactment of this Act, the Secretary shall initiate a study 
on the existing and future impacts of self-driving vehicles to 
transportation infrastructure, mobility, the environment, and safety, 
including impacts on--
            (1) the Interstate System (as defined in section 101(a) of 
        title 23, United States Code);
            (2) urban roads;
            (3) rural roads;
            (4) corridors with heavy traffic congestion;
            (5) transportation systems optimization; and
            (6) any other areas or issues relevant to operations of the 
        Federal Highway Administration that the Secretary determines to 
        be appropriate.

    (b) <<NOTE: Recommenda- tions. Rural and urban areas.>>  Contents of 
Study.--The study under subsection (a) shall include specific 
recommendations for both rural and urban communities regarding the 
impacts of self-driving vehicles on existing transportation system 
capacity.

    (c) Considerations.--In carrying out the study under subsection (a), 
the Secretary shall--
            (1) <<NOTE: Recommenda- tions.>>  consider the need for and 
        recommend any policy changes to be undertaken by the Federal 
        Highway Administration on the impacts of self-driving vehicles 
        as identified under paragraph (2); and
            (2) for both rural and urban communities, include a 
        discussion of--
                    (A) the impacts that self-driving vehicles will have 
                on existing transportation infrastructure, such as 
                signage and markings, traffic lights, and highway 
                capacity and design;
                    (B) the impact on commercial and private traffic 
                flows;

[[Page 135 STAT. 582]]

                    (C) infrastructure improvement needs that may be 
                necessary for transportation infrastructure to 
                accommodate self-driving vehicles;
                    (D) the impact of self-driving vehicles on the 
                environment, congestion, and vehicle miles traveled; and
                    (E) the impact of self-driving vehicles on mobility.

    (d) Coordination.--In carrying out the study under subsection (a), 
the Secretary shall consider and incorporate relevant current and 
ongoing research of the Department.
    (e) Consultation.--In carrying out the study under subsection (a), 
the Secretary shall convene and consult with a panel of national experts 
in both rural and urban transportation, including--
            (1) operators and users of the Interstate System (as defined 
        in section 101(a) of title 23, United States Code), including 
        private sector stakeholders;
            (2) States and State departments of transportation;
            (3) metropolitan planning organizations;
            (4) the motor carrier industry;
            (5) representatives of public transportation agencies or 
        organizations;
            (6) highway safety and academic groups;
            (7) nonprofit entities with experience in transportation 
        policy;
            (8) National Laboratories (as defined in section 2 of the 
        Energy Policy Act of 2005 (42 U.S.C. 15801));
            (9) environmental stakeholders; and
            (10) self-driving vehicle producers, manufacturers, and 
        technology developers.

    (f) Report.--Not later than 1 year after the date on which the study 
under subsection (a) is initiated, the Secretary shall submit a report 
on the results of the study to--
            (1) the Committee on Environment and Public Works of the 
        Senate; and
            (2) the Committee on Transportation and Infrastructure of 
        the House of Representatives.
SEC. 11505. DISASTER RELIEF MOBILIZATION STUDY.

    (a) Definition of Local Community.--In this section, the term 
``local community'' means--
            (1) a unit of local government;
            (2) a political subdivision of a State or local government;
            (3) a metropolitan planning organization (as defined in 
        section 134(b) of title 23, United States Code);
            (4) a rural planning organization; or
            (5) a Tribal government.

    (b) Study.--
            (1) <<NOTE: Determination.>>  In general.--The Secretary 
        shall carry out a study to determine the utility of 
        incorporating the use of bicycles into the disaster preparedness 
        and disaster response plans of local communities.
            (2) Requirements.--The study carried out under paragraph (1) 
        shall include--
                    (A) <<NOTE: Assessment.>>  a vulnerability 
                assessment of the infrastructure in local communities as 
                of the date of enactment of this Act that supports 
                active transportation, including bicycling, walking, and 
                personal mobility devices, with a particular focus on 
                areas in local communities that--

[[Page 135 STAT. 583]]

                          (i) have low levels of vehicle ownership; and
                          (ii) lack sufficient active transportation 
                      infrastructure routes to public transportation;
                    (B) <<NOTE: Evaluation.>>  an evaluation of whether 
                disaster preparedness and disaster response plans should 
                include the use of bicycles by first responders, 
                emergency workers, and community organization 
                representatives--
                          (i) during a mandatory or voluntary evacuation 
                      ordered by a Federal, State, Tribal, or local 
                      government entity--
                                    (I) to notify residents of the need 
                                to evacuate;
                                    (II) to evacuate individuals and 
                                goods; and
                                    (III) to reach individuals who are 
                                in need of first aid and medical 
                                assistance; and
                          (ii) after a disaster or emergency declared by 
                      a Federal, State, Tribal, or local government 
                      entity--
                                    (I) to participate in search and 
                                rescue activities;
                                    (II) to carry commodities to be used 
                                for life-saving or life-sustaining 
                                purposes, including--
                                            (aa) water;
                                            (bb) food;
                                            (cc) first aid and other 
                                        medical supplies; and
                                            (dd) power sources and 
                                        electric supplies, such as cell 
                                        phones, radios, lights, and 
                                        batteries;
                                    (III) to reach individuals who are 
                                in need of the commodities described in 
                                subclause (II); and
                                    (IV) to assist with other disaster 
                                relief tasks, as appropriate; and
                    (C) <<NOTE: Review.>>  a review of training programs 
                for first responders, emergency workers, and community 
                organization representatives relating to--
                          (i) competent bicycle skills, including the 
                      use of cargo bicycles and electric bicycles, as 
                      applicable;
                          (ii) basic bicycle maintenance;
                          (iii) compliance with relevant traffic safety 
                      laws;
                          (iv) methods to use bicycles to carry out the 
                      activities described in clauses (i) and (ii) of 
                      subparagraph (2)(B); and
                          (v) exercises conducted for the purpose of--
                                    (I) exercising the skills described 
                                in clause (i); and
                                    (II) maintaining bicycles and 
                                related equipment.

    (c) Report.--Not later than 2 years 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 that--
            (1) describes the results of the study carried out under 
        subsection (b); and
            (2) <<NOTE: Recommenda- tions.>>  provides recommendations, 
        if any, relating to--
                    (A) the methods by which to incorporate bicycles 
                into disaster preparedness and disaster response plans 
                of local communities; and

[[Page 135 STAT. 584]]

                    (B) improvements to training programs described in 
                subsection (b)(2)(C).
SEC. 11506. APPALACHIAN REGIONAL COMMISSION.

    (a) Definitions.--Section 14102(a)(1) of title 40, United States 
Code, is amended--
            (1) in subparagraph (G)--
                    (A) by inserting ``Catawba,'' after ``Caldwell,''; 
                and
                    (B) by inserting ``Cleveland,'' after ``Clay,'';
            (2) in subparagraph (J), by striking ``and Spartanburg'' and 
        inserting ``Spartanburg, and Union''; and
            (3) in subparagraph (M), by inserting ``, of which the 
        counties of Brooke, Hancock, Marshall, and Ohio shall be 
        considered to be located in the North Central subregion'' after 
        ``West Virginia''.

    (b) Functions.--Section 14303(a) of title 40, United States Code, is 
amended--
            (1) in paragraph (9), by striking ``and'' at the end;
            (2) in paragraph (10), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(11) support broadband access in the Appalachian 
        region.''.

    (c) Congressional Notification.--
            (1) In general.--Subchapter II of chapter 143 of subtitle IV 
        of title 40, United States Code, is amended by adding at the end 
        the following:
``Sec. 14323. <<NOTE: 40 USC 14323.>>  Congressional notification

    ``(a) <<NOTE: Time period.>>  In General.--In the case of a project 
described in subsection (b), the Appalachian Regional Commission shall 
provide to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Environment and Public 
Works of the Senate notice of the award of a grant or other financial 
assistance not less than 3 full business days before awarding the grant 
or other financial assistance.

    ``(b) Projects Described.--A project referred to in subsection (a) 
is a project that the Appalachian Regional Commission has selected to 
receive a grant or other financial assistance under this subtitle in an 
amount not less than $50,000.''.
            (2) Clerical amendment.--The analysis for subchapter II of 
        chapter 143 of subtitle IV of title 40, United States 
        Code, <<NOTE: 40 USC 14301 prec.>> is amended by adding at the 
        end the following:

``14323. Congressional notification.''.

    (d) High-speed Broadband Deployment Initiative.--Section 14509 of 
title 40, United States Code, is amended--
            (1) by striking subsection (a) and inserting the following:

    ``(a) <<NOTE: Grants. Contracts.>>  In General.--The Appalachian 
Regional Commission may provide technical assistance, make grants, enter 
into contracts, or otherwise provide amounts to individuals or entities 
in the Appalachian region for projects and activities to increase 
affordable access to broadband networks throughout the Appalachian 
region.'';
            (2) by redesignating subsections (b) through (d) as 
        subsections (c) through (e), respectively;
            (3) by inserting after subsection (a) the following:

    ``(b) Eligible Projects and Activities.--A project or activity 
eligible to be carried out under this section is a project or activity--

[[Page 135 STAT. 585]]

            ``(1) to conduct research, analysis, and training to 
        increase broadband adoption efforts in the Appalachian region; 
        or
            ``(2) for the construction and deployment of broadband 
        service-related infrastructure in the Appalachian region.'';
            (4) in subsection (d) (as so redesignated), in the matter 
        preceding paragraph (1), by striking ``subsection (b)'' and 
        inserting ``subsection (c)''; and
            (5) by adding at the end the following:

    ``(f) Request for Data.--Before making a grant for a project or 
activity described in subsection (b)(2), the Appalachian Regional 
Commission shall request from the Federal Communications Commission, the 
National Telecommunications and Information Administration, the Economic 
Development Administration, and the Department of Agriculture data on--
            ``(1) the level and extent of broadband service that exists 
        in the area proposed to be served by the broadband service-
        related infrastructure; and
            ``(2) the level and extent of broadband service that will be 
        deployed in the area proposed to be served by the broadband 
        service-related infrastructure pursuant to another Federal 
        program.

    ``(g) Requirement.--For each fiscal year, not less than 65 percent 
of the amounts made available to carry out this section shall be used 
for grants for projects and activities described in subsection 
(b)(2).''.
    (e) Appalachian Regional Energy Hub Initiative.--
            (1) In general.--Subchapter I of chapter 145 of subtitle IV 
        of title 40, United States Code, is amended by adding at the end 
        the following:
``Sec. 14511. <<NOTE: 40 USC 14511.>>  Appalachian regional energy 
                    hub initiative

    ``(a) <<NOTE: Grants. Contracts.>>  In General.--The Appalachian 
Regional Commission may provide technical assistance to, make grants to, 
enter into contracts with, or otherwise provide amounts to individuals 
or entities in the Appalachian region for projects and activities--
            ``(1) to conduct research and analysis regarding the 
        economic impact of an ethane storage hub in the Appalachian 
        region that supports a more-effective energy market performance 
        due to the scale of the project, such as a project with the 
        capacity to store and distribute more than 100,000 barrels per 
        day of hydrocarbon feedstock with a minimum gross heating value 
        of 1,700 Btu per standard cubic foot;
            ``(2) with the potential to significantly contribute to the 
        economic resilience of the area in which the project is located; 
        and
            ``(3) that will help establish a regional energy hub in the 
        Appalachian region for natural gas and natural gas liquids, 
        including hydrogen produced from the steam methane reforming of 
        natural gas feedstocks.

    ``(b) Limitation on Available Amounts.--Of the cost of any project 
or activity eligible for a grant under this section--
            ``(1) except as provided in paragraphs (2) and (3), not more 
        than 50 percent may be provided from amounts made available to 
        carry out this section;
            ``(2) in the case of a project or activity to be carried out 
        in a county for which a distressed county designation is in 
        effect under section 14526, not more than 80 percent may

[[Page 135 STAT. 586]]

        be provided from amounts made available to carry out this 
        section; and
            ``(3) in the case of a project or activity to be carried out 
        in a county for which an at-risk county designation is in effect 
        under section 14526, not more than 70 percent may be provided 
        from amounts made available to carry out this section.

    ``(c) Sources of Assistance.--Subject to subsection (b), a grant 
provided under this section may be provided from amounts made available 
to carry out this section, in combination with amounts made available--
            ``(1) under any other Federal program; or
            ``(2) from any other source.

    ``(d) Federal Share.--Notwithstanding any provision of law limiting 
the Federal share under any other Federal program, amounts made 
available to carry out this section may be used to increase that Federal 
share, as the Appalachian Regional Commission determines to be 
appropriate.''.
            (2) Clerical amendment.--The analysis for subchapter I of 
        chapter 145 of title 40, United States Code, <<NOTE: 40 USC 
        14501 prec.>>  is amended by adding at the end the following:

``14511. Appalachian regional energy hub initiative.''.

    (f) Authorization of Appropriations.--Section 14703 of title 40, 
United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (4), by striking ``and'' at the 
                end;
                    (B) in paragraph (5), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(6) $200,000,000 for each of fiscal years 2022 through 
        2026.'';
            (2) in subsection (c), by striking ``$10,000,000 may be used 
        to carry out section 14509 for each of fiscal years 2016 through 
        2021'' and inserting ``$20,000,000 may be used to carry out 
        section 14509 for each of fiscal years 2022 through 2026'';
            (3) by redesignating subsections (d) and (e) as subsections 
        (e) and (f), respectively; and
            (4) by inserting after subsection (c) the following:

    ``(d) Appalachian Regional Energy Hub Initiative.--Of the amounts 
made available under subsection (a), $5,000,000 shall be used to carry 
out section 14511 for each of fiscal years 2022 through 2026.''.
    (g) Termination.--Section 14704 of title 40, United States Code, is 
amended by striking ``2021'' and inserting ``2026''.
SEC. 11507. DENALI COMMISSION.

    (a) Denali Access System Program.--Notwithstanding subsection (j) of 
section 309 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; 
Public Law 105-277), there is authorized to be appropriated $20,000,000 
for each of fiscal years 2022 through 2026 to carry out that section.
    (b) Transfers of Funds.--Section 311(c) of the Denali Commission Act 
of 1998 (42 U.S.C. 3121 note; Public Law 105-277) is amended--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:

[[Page 135 STAT. 587]]

            ``(3) notwithstanding any other provision of law, shall--
                    ``(A) be treated as if directly appropriated to the 
                Commission and subject to applicable provisions of this 
                Act; and
                    ``(B) not be subject to any requirements that 
                applied to the funds before the transfer, including a 
                requirement in an appropriations Act or a requirement or 
                regulation of the Federal agency from which the funds 
                are transferred.''.
SEC. 11508. <<NOTE: 23 USC 106 note.>>  REQUIREMENTS FOR 
                            TRANSPORTATION PROJECTS CARRIED OUT 
                            THROUGH PUBLIC-PRIVATE PARTNERSHIPS.

    (a) Definitions.--In this section:
            (1) Project.--The term ``project'' means a project (as 
        defined in section 101 of title 23, United States Code) that--
                    (A) is carried out, in whole or in part, using 
                Federal financial assistance; and
                    (B) has an estimated total cost of $100,000,000 or 
                more.
            (2) Public-private partnership.--The term ``public-private 
        partnership'' means an agreement between a public agency and a 
        private entity to finance, build, and maintain or operate a 
        project.

    (b) <<NOTE: Deadline.>>  Requirements for Projects Carried Out 
Through Public-private Partnerships.--With respect to a public-private 
partnership, as a condition of receiving Federal financial assistance 
for a project, the Secretary shall require the public partner, not later 
than 3 years after the date of opening of the project to traffic--
            (1) <<NOTE: Reviews. Compliance.>>  to conduct a review of 
        the project, including a review of the compliance of the private 
        partner with the terms of the public-private partnership 
        agreement;
            (2)(A) <<NOTE: Certification.>>  to certify to the Secretary 
        that the private partner of the public-private partnership is 
        meeting the terms of the public-private partnership agreement 
        for the project; or
            (B) <<NOTE: Notification.>>  to notify the Secretary that 
        the private partner of the public-private partnership has not 
        met 1 or more of the terms of the public-private partnership 
        agreement for the project, including a brief description of each 
        violation of the public-private partnership agreement; and
            (3) <<NOTE: Public information.>>  to make publicly 
        available the certification or notification, as applicable, 
        under paragraph (2) in a form that does not disclose any 
        proprietary or confidential business information.

    (c) <<NOTE: Deadline.>>  Notification.--If the Secretary provides 
Federal financial assistance to a project carried out through a public-
private partnership, not later than 30 days after the date on which the 
Federal financial assistance is first obligated, 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 notification of the Federal financial assistance made 
available for the project.

    (d) Value for Money Analysis.--
            (1) Project approval and oversight.--Section 106(h)(3) of 
        title 23, United States Code, is amended--
                    (A) in subparagraph (C), by striking ``and'' at the 
                end;

[[Page 135 STAT. 588]]

                    (B) by redesignating subparagraph (D) as 
                subparagraph (E); and
                    (C) by inserting after subparagraph (C) the 
                following:
                    ``(D) <<NOTE: Analysis.>>  for a project in which 
                the project sponsor intends to carry out the project 
                through a public-private partnership agreement, shall 
                include a detailed value for money analysis or similar 
                comparative analysis for the project; and''.
            (2) Surface transportation block grant program.--Paragraph 
        (21) of section 133(b) of title 23, United States Code (as 
        redesignated by section 1109(a)(1)(C)), is amended by inserting 
        ``, including conducting value for money analyses or similar 
        comparative analyses,'' after ``oversight''.
            (3) TIFIA.--Section 602(a) of title 23, United States Code, 
        is amended by adding at the end the following:
            ``(11) Public-private partnerships.--In the case of a 
        project to be carried out through a public-private partnership, 
        the public partner shall have--
                    ``(A) <<NOTE: Analysis.>>  conducted a value for 
                money analysis or similar comparative analysis; and
                    ``(B) <<NOTE: Determination.>>  determined the 
                appropriateness of the public-private partnership 
                agreement.''.

    (e) Applicability.--This section and the amendments made by this 
section shall only apply to a public-private partnership agreement 
entered into on or after the date of enactment of this Act.
SEC. 11509. <<NOTE: 23 USC 101 note.>>  RECONNECTING COMMUNITIES 
                            PILOT PROGRAM.

    (a) Definition of Eligible Facility.--
            (1) In general.--In this section, the term ``eligible 
        facility'' means a highway or other transportation facility that 
        creates a barrier to community connectivity, including barriers 
        to mobility, access, or economic development, due to high 
        speeds, grade separations, or other design factors.
            (2) Inclusions.--In this section, the term ``eligible 
        facility'' may include--
                    (A) a limited access highway;
                    (B) a viaduct; and
                    (C) any other principal arterial facility.

    (b) Establishment.--The Secretary shall establish a pilot program 
through which an eligible entity may apply for funding, in order to 
restore community connectivity--
            (1) <<NOTE: Study.>>  to study the feasibility and impacts 
        of removing, retrofitting, or mitigating an existing eligible 
        facility;
            (2) to conduct planning activities necessary to design a 
        project to remove, retrofit, or mitigate an existing eligible 
        facility; and
            (3) to conduct construction activities necessary to carry 
        out a project to remove, retrofit, or mitigate an existing 
        eligible facility.

    (c) Planning Grants.--
            (1) Eligible entities.--The Secretary may award a grant 
        (referred to in this section as a ``planning grant'') to carry 
        out planning activities described in paragraph (2) to--
                    (A) a State;
                    (B) a unit of local government;
                    (C) a Tribal government;

[[Page 135 STAT. 589]]

                    (D) a metropolitan planning organization; and
                    (E) a nonprofit organization.
            (2) Eligible activities described.--The planning activities 
        referred to in paragraph (1) are--
                    (A) planning studies to evaluate the feasibility of 
                removing, retrofitting, or mitigating an existing 
                eligible facility to restore community connectivity, 
                including evaluations of--
                          (i) current traffic patterns on the eligible 
                      facility proposed for removal, retrofit, or 
                      mitigation and the surrounding street network;
                          (ii) the capacity of existing transportation 
                      networks to maintain mobility needs;
                          (iii) an analysis of alternative roadway 
                      designs or other uses for the right-of-way of the 
                      eligible facility, including an analysis of 
                      whether the available right-of-way would suffice 
                      to create an alternative roadway design;
                          (iv) the effect of the removal, retrofit, or 
                      mitigation of the eligible facility on the 
                      mobility of freight and people;
                          (v) the effect of the removal, retrofit, or 
                      mitigation of the eligible facility on the safety 
                      of the traveling public;
                          (vi) the cost to remove, retrofit, or mitigate 
                      the eligible facility--
                                    (I) to restore community 
                                connectivity; and
                                    (II) to convert the eligible 
                                facility to a different roadway design 
                                or use, compared to any expected costs 
                                for necessary maintenance or 
                                reconstruction of the eligible facility;
                          (vii) the anticipated economic impact of 
                      removing, retrofitting, or mitigating and 
                      converting the eligible facility and any economic 
                      development opportunities that would be created by 
                      removing, retrofitting, or mitigating and 
                      converting the eligible facility; and
                          (viii) the environmental impacts of retaining 
                      or reconstructing the eligible facility and the 
                      anticipated effect of the proposed alternative use 
                      or roadway design;
                    (B) public engagement activities to provide 
                opportunities for public input into a plan to remove and 
                convert an eligible facility; and
                    (C) <<NOTE: Determination.>>  other transportation 
                planning activities required in advance of a project to 
                remove, retrofit, or mitigate an existing eligible 
                facility to restore community connectivity, as 
                determined by the Secretary.
            (3) Technical assistance program.--
                    (A) In general.--The Secretary may provide technical 
                assistance described in subparagraph (B) to an eligible 
                entity.
                    (B) Technical assistance described.--The technical 
                assistance referred to in subparagraph (A) is technical 
                assistance in building organizational or community 
                capacity--
                          (i) to engage in transportation planning; and

[[Page 135 STAT. 590]]

                          (ii) to identify innovative solutions to 
                      infrastructure challenges, including reconnecting 
                      communities that--
                                    (I) are bifurcated by eligible 
                                facilities; or
                                    (II) lack safe, reliable, and 
                                affordable transportation choices.
                    (C) Priorities.--In selecting recipients of 
                technical assistance under subparagraph (A), the 
                Secretary shall give priority to an application from a 
                community that is economically disadvantaged.
            (4) Selection.--The Secretary shall--
                    (A) solicit applications for--
                          (i) planning grants; and
                          (ii) technical assistance under paragraph (3); 
                      and
                    (B) <<NOTE: Evaluation.>>  evaluate applications for 
                a planning grant on the basis of the demonstration by 
                the applicant that--
                          (i) <<NOTE: Time period.>>  the eligible 
                      facility is aged and is likely to need replacement 
                      or significant reconstruction within the 20-year 
                      period beginning on the date of the submission of 
                      the application;
                          (ii) the eligible facility--
                                    (I) creates barriers to mobility, 
                                access, or economic development; or
                                    (II) is not justified by current and 
                                forecast future travel demand; and
                          (iii) on the basis of preliminary 
                      investigations into the feasibility of removing, 
                      retrofitting, or mitigating the eligible facility 
                      to restore community connectivity, further 
                      investigation is necessary and likely to be 
                      productive.
            (5) Award amounts.--A planning grant may not exceed 
        $2,000,000 per recipient.
            (6) Federal share.--The total Federal share of the cost of a 
        planning activity for which a planning grant is used shall not 
        exceed 80 percent.

    (d) Capital Construction Grants.--
            (1) Eligible entities.--The Secretary may award a grant 
        (referred to in this section as a ``capital construction 
        grant'') to the owner of an eligible facility to carry out an 
        eligible project described in paragraph (3) for which all 
        necessary feasibility studies and other planning activities have 
        been completed.
            (2) Partnerships.--An owner of an eligible facility may, for 
        the purposes of submitting an application for a capital 
        construction grant, if applicable, partner with--
                    (A) a State;
                    (B) a unit of local government;
                    (C) a Tribal government;
                    (D) a metropolitan planning organization; or
                    (E) a nonprofit organization.
            (3) Eligible projects.--A project eligible to be carried out 
        with a capital construction grant includes--
                    (A) the removal, retrofit, or mitigation of an 
                eligible facility; and
                    (B) the replacement of an eligible facility with a 
                new facility that--
                          (i) restores community connectivity; and
                          (ii) is--

[[Page 135 STAT. 591]]

                                    (I) sensitive to the context of the 
                                surrounding community; and
                                    (II) otherwise eligible for funding 
                                under title 23, United States Code.
            (4) Selection.--The Secretary shall--
                    (A) solicit applications for capital construction 
                grants; and
                    (B) <<NOTE: Evaluation.>>  evaluate applications on 
                the basis of--
                          (i) the degree to which the project will 
                      improve mobility and access through the removal of 
                      barriers;
                          (ii) the appropriateness of removing, 
                      retrofitting, or mitigating the eligible facility, 
                      based on current traffic patterns and the ability 
                      of the replacement facility and the regional 
                      transportation network to absorb transportation 
                      demand and provide safe mobility and access;
                          (iii) the impact of the project on freight 
                      movement;
                          (iv) the results of a cost-benefit analysis of 
                      the project;
                          (v) the opportunities for inclusive economic 
                      development;
                          (vi) the degree to which the eligible facility 
                      is out of context with the current or planned land 
                      use;
                          (vii) the results of any feasibility study 
                      completed for the project; and
                          (viii) the plan of the applicant for--
                                    (I) employing residents in the area 
                                impacted by the project through targeted 
                                hiring programs, in partnership with 
                                registered apprenticeship programs, if 
                                applicable; and
                                    (II) contracting and subcontracting 
                                with disadvantaged business enterprises.
            (5) Minimum award amounts.--A capital construction grant 
        shall be in an amount not less than $5,000,000 per recipient.
            (6) Federal share.--
                    (A) In general.--Subject to subparagraph (B), a 
                capital construction grant may not exceed 50 percent of 
                the total cost of the project for which the grant is 
                awarded.
                    (B) Maximum federal involvement.--Federal assistance 
                other than a capital construction grant may be used to 
                satisfy the non-Federal share of the cost of a project 
                for which the grant is awarded, except that the total 
                Federal assistance provided for a project for which the 
                grant is awarded may not exceed 80 percent of the total 
                cost of the project.
            (7) Community advisory board.--
                    (A) In general.--To help achieve inclusive economic 
                development benefits with respect to the project for 
                which a grant is awarded, a grant recipient may form a 
                community advisory board, which shall--
                          (i) facilitate community engagement with 
                      respect to the project; and
                          (ii) track progress with respect to 
                      commitments of the grant recipient to inclusive 
                      employment, contracting, and economic development 
                      under the project.

[[Page 135 STAT. 592]]

                    (B) Membership.--If a grant recipient forms a 
                community advisory board under subparagraph (A), the 
                community advisory board shall be composed of 
                representatives of--
                          (i) the community;
                          (ii) owners of businesses that serve the 
                      community;
                          (iii) labor organizations that represent 
                      workers that serve the community; and
                          (iv) State and local government.

    (e) Reports.--
            (1) <<NOTE: Evaluation.>>  USDOT report on program.--Not 
        later than January 1, 2026, the Secretary shall submit to the 
        Committee on Environment and Public Works of the Senate and the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives a report that evaluates the program under this 
        section, including--
                    (A) information about the level of applicant 
                interest in planning grants, technical assistance under 
                subsection (c)(3), and capital construction grants, 
                including the extent to which overall demand exceeded 
                available funds; and
                    (B) for recipients of capital construction grants, 
                the outcomes and impacts of the highway removal project, 
                including--
                          (i) any changes in the overall level of 
                      mobility, congestion, access, and safety in the 
                      project area; and
                          (ii) environmental impacts and economic 
                      development opportunities in the project area.
            (2) GAO report on highway removals.--Not later than 2 years 
        after the date of enactment of this Act, the Comptroller General 
        of the United States shall issue a report that--
                    (A) identifies examples of projects to remove 
                highways using Federal highway funds;
                    (B) <<NOTE: Evaluation.>>  evaluates the effect of 
                highway removal projects on the surrounding area, 
                including impacts to the local economy, congestion 
                effects, safety outcomes, and impacts on the movement of 
                freight and people;
                    (C) <<NOTE: Evaluation.>>  evaluates the existing 
                Federal-aid program eligibility under title 23, United 
                States Code, for highway removal projects;
                    (D) <<NOTE: Analysis.>> analyzes the costs and 
                benefits of and barriers to removing underutilized 
                highways that are nearing the end of their useful life 
                compared to replacing or reconstructing the highway; and
                    (E) <<NOTE: Recommenda- tions.>>  provides 
                recommendations for integrating those assessments into 
                transportation planning and decision-making processes.

    (f) <<NOTE: Time period.>>  Technical Assistance.--Of the funds made 
available to carry out this section for planning grants, the Secretary 
may use not more than $15,000,000 during the period of fiscal years 2022 
through 2026 to provide technical assistance under subsection (c)(3).

    (g) Treatment of Projects.--Notwithstanding any other provision of 
law, a project assisted under this section shall be treated as a project 
on a Federal-aid highway under chapter 1 of title 23, United States 
Code.
SEC. 11510. <<NOTE: 23 USC 101 note.>>  CYBERSECURITY TOOL; CYBER 
                            COORDINATOR.

    (a) Definitions.--In this section:

[[Page 135 STAT. 593]]

            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Highway Administration.
            (2) Cyber incident.--The term ``cyber incident'' has the 
        meaning given the term ``incident'' in section 3552 of title 44, 
        United States Code.
            (3) Transportation authority.--The term ``transportation 
        authority'' means--
                    (A) a public authority (as defined in section 101(a) 
                of title 23, United States Code);
                    (B) an owner or operator of a highway (as defined in 
                section 101(a) of title 23, United States Code);
                    (C) a manufacturer that manufactures a product 
                related to transportation; and
                    (D) a division office of the Federal Highway 
                Administration.

    (b) Cybersecurity Tool.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 2 years 
        after the date of enactment of this Act, the Administrator shall 
        develop a tool to assist transportation authorities in 
        identifying, detecting, protecting against, responding to, and 
        recovering from cyber incidents.
            (2) Requirements.--In developing the tool under paragraph 
        (1), the Administrator shall--
                    (A) use the cybersecurity framework established by 
                the National Institute of Standards and Technology and 
                required by Executive Order 13636 of February 12, 2013 
                (78 Fed. Reg. 11739; relating to improving critical 
                infrastructure cybersecurity);
                    (B) establish a structured cybersecurity assessment 
                and development program;
                    (C) coordinate with the Transportation Security 
                Administration and the Cybersecurity and Infrastructure 
                Security Agency;
                    (D) <<NOTE: Consultation.>>  consult with 
                appropriate transportation authorities, operating 
                agencies, industry stakeholders, and cybersecurity 
                experts; and
                    (E) <<NOTE: Public comment. Review.>>  provide for a 
                period of public comment and review on the tool.

    (c) Designation of Cyber Coordinator.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 2 years 
        after the date of enactment of this Act, the Administrator shall 
        designate an office as a ``cyber coordinator'', which shall be 
        responsible for monitoring, alerting, and advising 
        transportation authorities of cyber incidents.
            (2) Requirements.--The office designated under paragraph (1) 
        shall, in coordination with the Transportation Security 
        Administration and the Cybersecurity and Infrastructure Security 
        Agency--
                    (A) provide to transportation authorities a secure 
                method of notifying the Federal Highway Administration 
                of cyber incidents;
                    (B) share the information collected under 
                subparagraph (A) with the Transportation Security 
                Administration and the Cybersecurity and Infrastructure 
                Security Agency;
                    (C) monitor cyber incidents that affect 
                transportation authorities;

[[Page 135 STAT. 594]]

                    (D) alert transportation authorities to cyber 
                incidents that affect those transportation authorities;
                    (E) <<NOTE: Investigation.>>  investigate 
                unaddressed cyber incidents that affect transportation 
                authorities; and
                    (F) provide to transportation authorities 
                educational resources, outreach, and awareness on 
                fundamental principles and best practices in 
                cybersecurity for transportation systems.
SEC. 11511. REPORT ON EMERGING ALTERNATIVE FUEL VEHICLES AND 
                            INFRASTRUCTURE.

    (a) Definitions.--In this section:
            (1) Emerging alternative fuel vehicle.--The term ``emerging 
        alternative fuel vehicle'' means a vehicle fueled by hydrogen, 
        natural gas, or propane.
            (2) Emerging alternative fueling infrastructure.--The term 
        ``emerging alternative fueling infrastructure'' means 
        infrastructure for fueling an emerging alternative fuel vehicle.

    (b) <<NOTE: Public information.>>  Report.--Not later than 1 year 
after the date of enactment of this Act, to help guide future 
investments for emerging alternative fueling infrastructure, the 
Secretary shall submit to Congress and make publicly available a report 
that--
            (1) <<NOTE: Evaluation. Time period. Effective date.>>  
        includes an evaluation of emerging alternative fuel vehicles and 
        projections for potential locations of emerging alternative fuel 
        vehicle owners during the 5-year period beginning on the date of 
        submission of the report;
            (2) <<NOTE: Time period. Effective date.>>  identifies areas 
        where emerging alternative fueling infrastructure will be needed 
        to meet the current and future needs of drivers during the 5-
        year period beginning on the date of submission of the report;
            (3) identifies specific areas, such as a lack of pipeline 
        infrastructure, that may impede deployment and adoption of 
        emerging alternative fuel vehicles;
            (4) includes a map that identifies concentrations of 
        emerging alternative fuel vehicles to meet the needs of current 
        and future emerging alternative fueling infrastructure;
            (5) <<NOTE: Estimates.>>  estimates the future need for 
        emerging alternative fueling infrastructure to support the 
        adoption and use of emerging alternative fuel vehicles; and
            (6) <<NOTE: Evaluation.>>  includes a tool to allow States 
        to compare and evaluate different adoption and use scenarios for 
        emerging alternative fuel vehicles, with the ability to adjust 
        factors to account for regionally specific characteristics.
SEC. 11512. <<NOTE: Determinations. 23 USC 206 note.>>  NONHIGHWAY 
                            RECREATIONAL FUEL STUDY.

    (a) Definitions.--In this section:
            (1) Highway trust fund.--The term ``Highway Trust Fund'' 
        means the Highway Trust Fund established by section 9503(a) of 
        the Internal Revenue Code of 1986.
            (2) Nonhighway recreational fuel taxes.--The term 
        ``nonhighway recreational fuel taxes'' means taxes under section 
        4041 and 4081 of the Internal Revenue Code of 1986 with respect 
        to fuel used in vehicles on recreational trails or back country 
        terrain (including vehicles registered for highway use when used 
        on recreational trails, trail access roads not eligible for 
        funding under title 23, United States Code, or back country 
        terrain).

[[Page 135 STAT. 595]]

            (3) Recreational trails program.--The term ``recreational 
        trails program'' means the recreational trails program under 
        section 206 of title 23, United States Code.

    (b) Assessment; Report.--
            (1) <<NOTE: Deadline. Time period.>>  Assessment.--Not later 
        than 1 year after the date of enactment of this Act and not less 
        frequently than once every 5 years thereafter, as determined by 
        the Secretary, the Secretary shall carry out an assessment of 
        the best available estimate of the total amount of nonhighway 
        recreational fuel taxes received by the Secretary of the 
        Treasury and transferred to the Highway Trust Fund for the 
        period covered by the assessment.
            (2) Report.--After carrying out each assessment under 
        paragraph (1), the Secretary shall submit to the Committees on 
        Finance and Environment and Public Works of the Senate and the 
        Committees on Ways and Means and Transportation and 
        Infrastructure of the House of Representatives a report that 
        includes--
                    (A) to assist Congress in determining an appropriate 
                funding level for the recreational trails program--
                          (i) a description of the results of the 
                      assessment; and
                          (ii) <<NOTE: Evaluation.>>  an evaluation of 
                      whether the current recreational trails program 
                      funding level reflects the amount of nonhighway 
                      recreational fuel taxes collected and transferred 
                      to the Highway Trust Fund; and
                    (B) <<NOTE: Estimate. Time period.>> in the case of 
                the first report submitted under this paragraph, an 
                estimate of the frequency with which the Secretary 
                anticipates carrying out the assessment under paragraph 
                (1), subject to the condition that such an assessment 
                shall be carried out not less frequently than once every 
                5 years.

    (c) Consultation.--In carrying out an assessment under subsection 
(b)(1), the Secretary may consult with, as the Secretary determines to 
be appropriate--
            (1) the heads of--
                    (A) State agencies designated by Governors pursuant 
                to section 206(c)(1) of title 23, United States Code, to 
                administer the recreational trails program; and
                    (B) division offices of the Department;
            (2) the Secretary of the Treasury;
            (3) the Administrator of the Federal Highway Administration; 
        and
            (4) groups representing recreational activities and 
        interests, including hiking, biking and mountain biking, 
        horseback riding, water trails, snowshoeing, cross-country 
        skiing, snowmobiling, off-highway motorcycling, all-terrain 
        vehicles and other offroad motorized vehicle activities, and 
        recreational trail advocates.
SEC. 11513. BUY AMERICA.

    Section 313 of title 23, United States Code, is amended--
            (1) by redesignating subsection (g) as subsection (h); and
            (2) by inserting after subsection (f) the following:

    ``(g) Waivers.--
            ``(1) <<NOTE: Deadline.>>  In general.--Not less than 15 
        days before issuing a waiver under this section, the Secretary 
        shall provide to the public--

[[Page 135 STAT. 596]]

                    ``(A) <<NOTE: Notice.>>  notice of the proposed 
                waiver;
                    ``(B) <<NOTE: Public comment.>>  an opportunity for 
                comment on the proposed waiver; and
                    ``(C) the reasons for the proposed waiver.
            ``(2) Report.--Not less frequently than annually, the 
        Secretary shall submit to the Committee on Environment and 
        Public Works of the Senate and the Committee on Transportation 
        and Infrastructure of the House of Representatives a report on 
        the waivers provided under this section.''.
SEC. 11514. <<NOTE: State listing.>>  HIGH PRIORITY CORRIDORS ON 
                            THE NATIONAL HIGHWAY SYSTEM.

    (a) High Priority Corridors.--Section 1105(c) of the Intermodal 
Surface Transportation Efficiency Act of 1991 (Public Law 102-240; 105 
Stat. 2032; 133 Stat. 3018) is amended--
            (1) by striking paragraph (84) and inserting the following:
            ``(84) The Central Texas Corridor, including the route--
                    ``(A) commencing in the vicinity of Texas Highway 
                338 in Odessa, Texas, running eastward generally 
                following Interstate Route 20, connecting to Texas 
                Highway 158 in the vicinity of Midland, Texas, then 
                following Texas Highway 158 eastward to United States 
                Route 87 and then following United States Route 87 
                southeastward, passing in the vicinity of San Angelo, 
                Texas, and connecting to United States Route 190 in the 
                vicinity of Brady, Texas;
                    ``(B) commencing at the intersection of Interstate 
                Route 10 and United States Route 190 in Pecos County, 
                Texas, and following United States Route 190 to Brady, 
                Texas;
                    ``(C) following portions of United States Route 190 
                eastward, passing in the vicinity of Fort Hood, Killeen, 
                Belton, Temple, Bryan, College Station, Huntsville, 
                Livingston, Woodville, and Jasper, to the logical 
                terminus of Texas Highway 63 at the Sabine River Bridge 
                at Burrs Crossing and including a loop generally 
                encircling Bryan/College Station, Texas;
                    ``(D) following United States Route 83 southward 
                from the vicinity of Eden, Texas, to a logical 
                connection to Interstate Route 10 at Junction, Texas;
                    ``(E) following United States Route 69 from 
                Interstate Route 10 in Beaumont, Texas, north to United 
                States Route 190 in the vicinity of Woodville, Texas;
                    ``(F) following United States Route 96 from 
                Interstate Route 10 in Beaumont, Texas, north to United 
                States Route 190 in the vicinity of Jasper, Texas; and
                    ``(G) following United States Route 190, State 
                Highway 305, and United States Route 385 from Interstate 
                Route 10 in Pecos County, Texas, to Interstate 20 at 
                Odessa, Texas.''; and
            (2) by adding at the end the following:
            ``(92) United States Route 421 from the interchange with 
        Interstate Route 85 in Greensboro, North Carolina, to the 
        interchange with Interstate Route 95 in Dunn, North Carolina.
            ``(93) The South Mississippi Corridor from the Louisiana and 
        Mississippi border near Natchez, Mississippi, to Gulfport, 
        Mississippi, shall generally follow--
                    ``(A) United States Route 84 from the Louisiana 
                border at the Mississippi River passing in the vicinity 
                of Natchez,

[[Page 135 STAT. 597]]

                Brookhaven, Monticello, Prentiss, and Collins, 
                Mississippi, to the logical terminus with Interstate 
                Route 59 in the vicinity of Laurel, Mississippi, and 
                continuing on Interstate Route 59 south to the vicinity 
                of Hattiesburg, Mississippi; and
                    ``(B) United States Route 49 from the vicinity of 
                Hattiesburg, Mississippi, south to Interstate Route 10 
                in the vicinity of Gulfport, Mississippi, following 
                Mississippi Route 601 south and terminating near the 
                Mississippi State Port at Gulfport.
            ``(94) The Kosciusko to Gulf Coast corridor commencing at 
        the logical terminus of Interstate Route 55 near Vaiden, 
        Mississippi, running south and passing east of the vicinity of 
        the Jackson Urbanized Area, connecting to United States Route 49 
        north of Hattiesburg, Mississippi, and generally following 
        United States Route 49 to a logical connection with Interstate 
        Route 10 in the vicinity of Gulfport, Mississippi.
            ``(95) The Interstate Route 22 spur from the vicinity of 
        Tupelo, Mississippi, running south generally along United States 
        Route 45 to the vicinity of Shannon, Mississippi.
            ``(96) The route that generally follows United States Route 
        412 from its intersection with Interstate Route 35 in Noble 
        County, Oklahoma, passing through Tulsa, Oklahoma, to its 
        intersection with Interstate Route 49 in Springdale, Arkansas.
            ``(97) The Louie B. Nunn Cumberland Expressway from the 
        interchange with Interstate Route 65 in Barren County, Kentucky, 
        east to the interchange with United States Highway 27 in 
        Somerset, Kentucky.
            ``(98) The route that generally follows State Route 7 from 
        Grenada, Mississippi, to Holly Springs, Mississippi, passing in 
        the vicinity of Coffeeville, Water Valley, Oxford, and 
        Abbeville, Mississippi, to its logical connection with 
        Interstate Route 22 in the vicinity of Holly Springs, 
        Mississippi.
            ``(99) The Central Louisiana Corridor commencing at the 
        logical terminus of Louisiana Highway 8 at the Sabine River 
        Bridge at Burrs Crossing and generally following portions of 
        Louisiana Highway 8 to Leesville, Louisiana, and then eastward 
        on Louisiana Highway 28, passing in the vicinity of Alexandria, 
        Pineville, Walters, and Archie, to the logical terminus of 
        United States Route 84 at the Mississippi River Bridge at 
        Vidalia, Louisiana.
            ``(100) The Central Mississippi Corridor, including the 
        route--
                    ``(A) commencing at the logical terminus of United 
                States Route 84 at the Mississippi River and then 
                generally following portions of United States Route 84 
                passing in the vicinity of Natchez, Brookhaven, 
                Monticello, Prentiss, and Collins, to Interstate Route 
                59 in the vicinity of Laurel, Mississippi, and 
                continuing on Interstate Route 59 north to Interstate 
                Route 20 and on Interstate Route 20 to the Mississippi-
                Alabama State border; and
                    ``(B) commencing in the vicinity of Laurel, 
                Mississippi, running south on Interstate Route 59 to 
                United States Route 98 in the vicinity of Hattiesburg, 
                connecting to United States Route 49 south then 
                following United States Route 49 south to Interstate 
                Route 10 in the vicinity of

[[Page 135 STAT. 598]]

                Gulfport and following Mississippi Route 601 southerly 
                terminating near the Mississippi State Port at Gulfport.
            ``(101) The Middle Alabama Corridor including the route--
                    ``(A) beginning at the Alabama-Mississippi border 
                generally following portions of I-20 until following a 
                new interstate extension paralleling United States 
                Highway 80, specifically--
                    ``(B) crossing Alabama Route 28 near Coatopa, 
                Alabama, traveling eastward crossing United States 
                Highway 43 and Alabama Route 69 near Selma, Alabama, 
                traveling eastwards closely paralleling United States 
                Highway 80 to the south crossing over Alabama Routes 22, 
                41, and 21, until its intersection with I-65 near Hope 
                Hull, Alabama;
                    ``(C) continuing east along the proposed Montgomery 
                Outer Loop south of Montgomery, Alabama where it would 
                next join with I-85 east of Montgomery, Alabama;
                    ``(D) continuing along I-85 east bound until its 
                intersection with United States Highway 280 near 
                Opelika, Alabama or United States Highway 80 near 
                Tuskegee, Alabama;
                    ``(E) generally following the most expedient route 
                until intersecting with existing United States Highway 
                80 (JR Allen Parkway) through Phenix City until 
                continuing into Columbus, Georgia.
            ``(102) The Middle Georgia Corridor including the route--
                    ``(A) beginning at the Alabama-Georgia Border 
                generally following the Fall Line Freeway from Columbus, 
                Georgia to Augusta, Georgia, specifically--
                    ``(B) travelling along United States Route 80 (JR 
                Allen Parkway) through Columbus, Georgia and near Fort 
                Benning, Georgia, east to Talbot County, Georgia where 
                it would follow Georgia Route 96, then commencing on 
                Georgia Route 49C (Fort Valley Bypass) to Georgia Route 
                49 (Peach Parkway) to its intersection with Interstate 
                Route 75 in Byron, Georgia;
                    ``(C) continuing north along Interstate Route 75 
                through Warner Robins and Macon, Georgia where it would 
                meet Interstate Route 16, then following Interstate 
                Route 16 east it would next join United States Route 80 
                and then onto State Route 57;
                    ``(D) commencing with State Route 57 which turns 
                into State Route 24 near Milledgeville, Georgia would 
                then bypass Wrens, Georgia with a newly constructed 
                bypass, and after the bypass it would join United States 
                Route 1 near Fort Gordon into Augusta, Georgia where it 
                will terminate at Interstate Route 520.''.

    (b) Designation as Future Interstates.--Section 1105(e)(5)(A) of the 
Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 
102-240; 109 Stat. 597; 133 Stat. 3018) is amended in the first 
sentence--
            (1) by inserting ``subsection (c)(84),'' after ``subsection 
        (c)(83),''; and
            (2) by striking ``and subsection (c)(91)'' and inserting 
        ``subsection (c)(91), subsection (c)(92), subsection (c)(93)(A), 
        subsection (c)(94), subsection (c)(95), subsection (c)(96), 
        subsection

[[Page 135 STAT. 599]]

        (c)(97), subsection (c)(99), subsection (c)(100), subsection 
        (c)(101), and subsection (c)(102)''.

    (c) Numbering of Parkway.--Section 1105(e)(5)(C)(i) of the 
Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 
102-240; 109 Stat. 598; 133 Stat. 3018) is amended--
            (1) by striking the fifteenth sentence and inserting the 
        following: ``The route referred to in subsection (c)(84)(A) is 
        designated as Interstate Route I-14 North. The route referred to 
        in subsection (c)(84)(B) is designated as Interstate Route I-14 
        South. The Bryan/College Station, Texas loop referred to in 
        subsection (c)(84)(C) is designated as Interstate Route I-
        214.''; and
            (2) by adding at the end the following: ``The route referred 
        to in subsection (c)(97) is designated as Interstate Route I-
        365. The routes referred to in subsections (c)(84)(C), (c)(99), 
        (c)(100), (c)(101), and (c)(102) are designated as Interstate 
        Route I-14. The routes referred to in subparagraphs (D), (E), 
        (F), and (G) of subsection (c)(84) and subparagraph (B) of 
        subsection (c)(100) shall each be given separate Interstate 
        route numbers.''.

    (d) GAO Report on Designation of Segments as Part of Interstate 
System.--
            (1) Definition of applicable segment.--In this subsection, 
        the term ``applicable segment'' means the route described in 
        paragraph (92) of section 1105(c) of the Intermodal Surface 
        Transportation Efficiency Act of 1991 (Public Law 102-240; 105 
        Stat. 2032).
            (2) Report.--
                    (A) <<NOTE: Time period.>>  In general.--Not later 
                than 2 years after the date on which the applicable 
                segment is open for operations as part of the Interstate 
                System, the Comptroller General of the United States 
                shall submit to Congress a report on the impact, if any, 
                during that 2-year period of allowing the continuation 
                of weight limits that applied before the designation of 
                the applicable segment as a route on the Interstate 
                System.
                    (B) Requirements.--The report under subparagraph (A) 
                shall--
                          (i) be informed by the views and documentation 
                      provided by the State highway agency (or 
                      equivalent agency) in the State in which the 
                      applicable segment is located;
                          (ii) describe any impacts on safety and 
                      infrastructure on the applicable segment;
                          (iii) describe any view of the State highway 
                      agency (or equivalent agency) in the State in 
                      which the applicable segment is located on the 
                      impact of the applicable segment; and
                          (iv) focus only on the applicable segment.
SEC. 11515. INTERSTATE WEIGHT LIMITS.

    Section 127 of title 23, United States Code, is amended--
            (1) in subsection (l)(3)(A)--
                    (A) in the matter preceding clause (i), in the first 
                sentence, by striking ``clauses (i) through (iv) of this 
                subparagraph'' and inserting ``clauses (i) through 
                (v)''; and
                    (B) by adding at the end the following:

[[Page 135 STAT. 600]]

                          ``(v) <<NOTE: Kentucky.>>  The Louie B. Nunn 
                      Cumberland Expressway (to be designated as a spur 
                      of Interstate Route 65) from the interchange with 
                      Interstate Route 65 in Barren County, Kentucky, 
                      east to the interchange with United States Highway 
                      27 in Somerset, Kentucky.''; and
            (2) by adding at the end the following:

    ``(v) Operation of Vehicles on Certain North Carolina Highways.--If 
any segment in the State of North Carolina of United States Route 17, 
United States Route 29, United States Route 52, United States Route 64, 
United States Route 70, United States Route 74, United States Route 117, 
United States Route 220, United States Route 264, or United States Route 
421 is designated as a route on the Interstate System, a vehicle that 
could operate legally on that segment before the date of such 
designation may continue to operate on that segment, without regard to 
any requirement under subsection (a).
    ``(w) Operation of Vehicles on Certain Oklahoma Highways.--If any 
segment of the highway referred to in paragraph (96) of section 1105(c) 
of the Intermodal Surface Transportation Efficiency Act of 1991 (Public 
Law 102-240; 105 Stat. 2032) is designated as a route on the Interstate 
System, a vehicle that could operate legally on that segment before the 
date of such designation may continue to operate on that segment, 
without any regard to any requirement under this section.''.
SEC. 11516. <<NOTE: Evaluations.>>  REPORT ON AIR QUALITY 
                            IMPROVEMENTS.

    (a) In General.--Not later than 3 years after the date of enactment 
of this Act, the Comptroller General of the United States shall submit a 
report that evaluates the congestion mitigation and air quality 
improvement program under section 149 of title 23, United States Code 
(referred to in this section as the ``program''), to--
            (1) the Committee on Environment and Public Works of the 
        Senate; and
            (2) the Committee on Transportation and Infrastructure of 
        the House of Representatives.

    (b) Contents.--The evaluation under subsection (a) shall include an 
evaluation of--
            (1) the reductions of ozone, carbon monoxide, and 
        particulate matter that result from projects under the program;
            (2) the cost-effectiveness of the reductions described in 
        paragraph (1);
            (3) the result of investments of funding under the program 
        in minority and low-income communities that are 
        disproportionately affected by ozone, carbon monoxide, and 
        particulate matter;
            (4) the effectiveness, with respect to the attainment or 
        maintenance of national ambient air quality standards under 
        section 109 of the Clean Air Act (42 U.S.C. 7409) for ozone, 
        carbon monoxide, and particulate matter, of performance measures 
        established under section 150(c)(5) of title 23, United States 
        Code, and performance targets established under subsection (d) 
        of that section for traffic congestion and on-road mobile source 
        emissions;
            (5) the extent to which there are any types of projects that 
        are not eligible funding under the program that would

[[Page 135 STAT. 601]]

        be likely to contribute to the attainment or maintenance of the 
        national ambient air quality standards described in paragraph 
        (4); and
            (6) the extent to which projects under the program reduce 
        sulfur dioxide, nitrogen dioxide, and lead.
SEC. 11517. <<NOTE: 23 USC 109 note.>>  ROADSIDE HIGHWAY SAFETY 
                            HARDWARE.

    (a) <<NOTE: Verification. Determination.>> In General.--To the 
maximum extent practicable, the Secretary shall develop a process for 
third party verification of full-scale crash testing results from crash 
test labs, including a method for formally verifying the testing 
outcomes and providing for an independent pass/fail determination. In 
establishing such a process, the Secretary shall seek to ensure the 
independence of crash test labs by ensuring that those labs have a clear 
separation between device development and testing in cases in which lab 
employees test devices that were developed within the parent 
organization of the employee.

    (b) Continued Issuance of Eligibility Letters.--Until the 
implementation of the process described in subsection (a) is complete, 
the Secretary may, and is encouraged to, ensure that the Administrator 
of the Federal Highway Administration continues to issue Federal-aid 
reimbursement eligibility letters for roadside safety hardware as a 
service to States.
    (c) Report to Congress.--
            (1) <<NOTE: Time period.>>  In general.--If the Secretary 
        seeks to discontinue issuing the letters described in subsection 
        (b), 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 at least 1 year before discontinuing 
        the letters.
            (2) <<NOTE: Summary.>>  Inclusions.--The report described in 
        paragraph (1) shall include a summary of the third-party 
        verification process described in subsection (a) that will 
        replace the Federal Highway Administration issuance of 
        eligibility letters and any other relevant information that the 
        Secretary deems necessary.
SEC. 11518. PERMEABLE PAVEMENTS STUDY.

    (a) <<NOTE: Deadline.>>  In General.--Not later than 1 year after 
the date of enactment of this Act, the Secretary shall carry out a 
study--
            (1) to gather existing information on the effects of 
        permeable pavements on flood control in different contexts, 
        including in urban areas, and over the lifetime of the permeable 
        pavement;
            (2) to perform research to fill gaps in the existing 
        information gathered under paragraph (1); and
            (3) to develop--
                    (A) models for the performance of permeable 
                pavements in flood control; and
                    (B) best practices for designing permeable pavement 
                to meet flood control requirements.

    (b) Data Survey.--In carrying out the study under subsection (a), 
the Secretary shall develop--
            (1) <<NOTE: Summary.>>  a summary, based on available 
        literature and models, of localized flood control capabilities 
        of permeable pavement that considers long-term performance and 
        cost information; and

[[Page 135 STAT. 602]]

            (2) best practices for the design of localized flood control 
        using permeable pavement that considers long-term performance 
        and cost information.

    (c) <<NOTE: Public information.>>  Publication.--The Secretary shall 
make a report describing the results of the study under subsection (a) 
publicly available.
SEC. 11519. <<NOTE: 23 USC 125 note.>>  EMERGENCY RELIEF PROJECTS.

    (a) Definition of Emergency Relief Project.--In this section, the 
term ``emergency relief project'' means a project carried out under the 
emergency relief program under section 125 of title 23, United States 
Code.
    (b) <<NOTE: Deadline.>>  Improving the Emergency Relief Program.--
Not later than 90 days after the date of enactment of this Act, the 
Secretary shall--
            (1) <<NOTE: Revision.>>  revise the emergency relief manual 
        of the Federal Highway Administration--
                    (A) to include and reflect the definition of the 
                term ``resilience'' (as defined in section 101(a) of 
                title 23, United States Code);
                    (B) <<NOTE: Procedures.>>  to identify procedures 
                that States may use to incorporate resilience into 
                emergency relief projects; and
                    (C) to encourage the use of Complete Streets design 
                principles and consideration of access for moderate- and 
                low-income families impacted by a declared disaster;
            (2) develop best practices for improving the use of 
        resilience in--
                    (A) the emergency relief program under section 125 
                of title 23, United States Code; and
                    (B) emergency relief efforts;
            (3) provide to division offices of the Federal Highway 
        Administration and State departments of transportation 
        information on the best practices developed under paragraph (2); 
        and
            (4) develop and implement a process to track--
                    (A) the consideration of resilience as part of the 
                emergency relief program under section 125 of title 23, 
                United States Code; and
                    (B) the costs of emergency relief projects.
SEC. 11520. STUDY ON STORMWATER BEST MANAGEMENT PRACTICES.

    (a) <<NOTE: Deadline. Contracts.>>  Study.--Not later than 180 days 
after the date of enactment of this Act, the Secretary and the 
Administrator of the Environment Protection Agency shall offer to enter 
into an agreement with the Transportation Research Board of the National 
Academy of Sciences to conduct a study--
            (1) <<NOTE: Estimate.>>  to estimate pollutant loads from 
        stormwater runoff from highways and pedestrian facilities 
        eligible for assistance under title 23, United States Code, to 
        inform the development of appropriate total maximum daily load 
        (as defined in section 130.2 of title 40, Code of Federal 
        Regulations (or successor regulations)) requirements;
            (2) <<NOTE: Recommenda- 
        tions. Regulations. Determination.>>  to provide recommendations 
        regarding the evaluation and selection by State departments of 
        transportation of potential stormwater management and total 
        maximum daily load compliance strategies within a watershed, 
        including environmental restoration and pollution abatement 
        carried out under

[[Page 135 STAT. 603]]

        section 328 of title 23, United States Code (including any 
        revisions to law (including regulations) that the Transportation 
        Research Board determines to be appropriate); and
            (3) <<NOTE: Examination.>>  to examine the potential for the 
        Secretary to assist State departments of transportation in 
        carrying out and communicating stormwater management practices 
        for highways and pedestrian facilities that are eligible for 
        assistance under title 23, United States Code, through 
        information-sharing agreements, database assistance, or an 
        administrative platform to provide the information described in 
        paragraphs (1) and (2) to entities issued permits under the 
        Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).

    (b) Requirements.--If the Transportation Research Board enters into 
an agreement under subsection (a), in conducting the study under that 
subsection, the Transportation Research Board shall--
            (1) <<NOTE: Review.>>  review and supplement, as 
        appropriate, the methodologies examined and recommended in the 
        report of the National Academies of Sciences, Engineering, and 
        Medicine entitled ``Approaches for Determining and Complying 
        with TMDL Requirements Related to Roadway Stormwater Runoff'' 
        and dated 2019;
            (2) <<NOTE: Consultation.>>  consult with--
                    (A) the Secretary;
                    (B) the Administrator of the Environmental 
                Protection Agency;
                    (C) the Secretary of the Army, acting through the 
                Chief of Engineers; and
                    (D) State departments of transportation; and
            (3) solicit input from--
                    (A) stakeholders with experience in implementing 
                stormwater management practices for projects; and
                    (B) educational and technical stormwater management 
                groups.

    (c) Report.--If the Transportation Research Board enters into an 
agreement under subsection (a), not later than 18 months after the date 
of enactment of this Act, the Transportation Research Board shall submit 
to the Secretary, 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 results of the study.
SEC. 11521. <<NOTE: 23 USC 109 note.>>  STORMWATER BEST MANAGEMENT 
                            PRACTICES REPORTS.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Highway Administration.
            (2) Best management practices report.--The term ``best 
        management practices report'' means--
                    (A) the 2014 report sponsored by the Administrator 
                entitled ``Determining the State of the Practice in Data 
                Collection and Performance Measurement of Stormwater 
                Best Management Practices''; and
                    (B) the 1997 report sponsored by the Administrator 
                entitled ``Stormwater Best Management Practices in an 
                Ultra-Urban Setting: Selection and Monitoring''.

    (b) <<NOTE: Update.>>  Reissuance.--Not later than 1 year after the 
date of enactment of this Act, the Administrator shall update and 
reissue each

[[Page 135 STAT. 604]]

best management practices report to reflect new information and 
advancements in stormwater management.

    (c) Updates.--Not less frequently than once every 5 years after the 
date on which the Administrator reissues a best management practices 
report described in subsection (b), the Administrator shall update and 
reissue the best management practices report until the earlier of the 
date on which--
            (1) the best management practices report is withdrawn; or
            (2) the contents of the best management practices report are 
        incorporated (including by reference) into applicable 
        regulations of the Administrator.
SEC. 11522. <<NOTE: 23 USC 329 note.>>  INVASIVE PLANT ELIMINATION 
                            PROGRAM.

    (a) Definitions.--In this section:
            (1) Invasive plant.--The term ``invasive plant'' means a 
        nonnative plant, tree, grass, or weed species, including, at a 
        minimum, cheatgrass, Ventenata dubia, medusahead, bulbous 
        bluegrass, Japanese brome, rattail fescue, Japanese honeysuckle, 
        phragmites, autumn olive, Bradford pear, wild parsnip, sericea 
        lespedeza, spotted knapweed, garlic mustard, and palmer 
        amaranth.
            (2) Program.--The term ``program'' means the grant program 
        established under subsection (b).
            (3) Transportation corridor.--The term ``transportation 
        corridor'' means a road, highway, railroad, or other surface 
        transportation route.

    (b) <<NOTE: Grants.>>  Establishment.--The Secretary shall carry out 
a program to provide grants to States to eliminate or control existing 
invasive plants or prevent introduction of or encroachment by new 
invasive plants along and in areas adjacent to transportation corridor 
rights-of-way.

    (c) Application.--To be eligible to receive a grant under the 
program, a State shall submit to the Secretary an application at such 
time, in such manner, and containing such information as the Secretary 
may require.
    (d) Eligible Activities.--
            (1) In general.--Subject to this subsection, a State that 
        receives a grant under the program may use the grant funds to 
        carry out activities to eliminate or control existing invasive 
        plants or prevent introduction of or encroachment by new 
        invasive plants along and in areas adjacent to transportation 
        corridor rights-of-way.
            (2) Prioritization of projects.--In carrying out the 
        program, the Secretary shall give priority to projects that 
        utilize revegetation with native plants and wildflowers, 
        including those that are pollinator-friendly.
            (3) Prohibition on certain uses of funds.--Amounts provided 
        to a State under the program may not be used for costs relating 
        to mowing a transportation corridor right-of-way or the adjacent 
        area unless--
                    (A) mowing is identified as the best means of 
                treatment according to best management practices; or
                    (B) mowing is used in conjunction with another 
                treatment.

[[Page 135 STAT. 605]]

            (4) Limitation.--Not more than 10 percent of the amounts 
        provided to a State under the program may be used for the 
        purchase of equipment.
            (5) Administrative and indirect costs.--Not more than 5 
        percent of the amounts provided to a State under the program may 
        be used for the administrative and other indirect costs (such as 
        full time employee salaries, rent, insurance, subscriptions, 
        utilities, and office supplies) of carrying out eligible 
        activities.

    (e) Requirements.--
            (1) Coordination.--In carrying out eligible activities with 
        a grant under the program, a State shall coordinate with--
                    (A) units of local government, political 
                subdivisions of the State, and Tribal authorities that 
                are carrying out eligible activities in the areas to be 
                treated;
                    (B) local regulatory authorities, in the case of a 
                treatment along or adjacent to a railroad right-of-way; 
                and
                    (C) with respect to the most effective roadside 
                control methods, State and Federal land management 
                agencies and any relevant Tribal authorities.
            (2) Annual report.--Not later than 1 year after the date on 
        which a State receives a grant under the program, and annually 
        thereafter, that State shall provide to the Secretary an annual 
        report on the treatments carried out using funds from the grant.

    (f) Federal Share.--
            (1) In general.--The Federal share of the cost of an 
        eligible activity carried out using funds from a grant under the 
        program shall be--
                    (A) in the case of a project that utilizes 
                revegetation with native plants and wildflowers, 
                including those that are pollinator-friendly, 75 
                percent; and
                    (B) in the case of any other project not described 
                in subparagraph (A), 50 percent.
            (2) Certain funds counted toward non-federal share.--A State 
        may include amounts expended by the State or a unit of local 
        government in the State to address current invasive plant 
        populations and prevent future infestation along or in areas 
        adjacent to transportation corridor rights-of-way in calculating 
        the non-Federal share required under the program.

    (g) Funding.--There is authorized to be appropriated to carry out 
the program $50,000,000 for each of fiscal years 2022 through 2026.
SEC. 11523. OVER-THE-ROAD BUS TOLLING EQUITY.

    Section 129(a) of title 23, United States Code, is amended--
            (1) in paragraph (3)(B)(i), by inserting ``, together with 
        the results of the audit under paragraph (9)(C),'' after ``the 
        audits''; and
            (2) in paragraph (9)--
                    (A) by striking ``An over-the-road'' and inserting 
                the following:
                    ``(A) In general.--An over-the-road'';
                    (B) in subparagraph (A) (as so designated), by 
                striking ``public transportation buses'' and inserting 
                ``public transportation vehicles''; and

[[Page 135 STAT. 606]]

                    (C) by adding at the end the following:
                    ``(B) Reports.--
                          ``(i) In general.--Not later than 90 days 
                      after the date of enactment of this subparagraph, 
                      a public authority that operates a toll facility 
                      shall report to the Secretary any rates, terms, or 
                      conditions for access to the toll facility by 
                      public transportation vehicles that differ from 
                      the rates, terms, or conditions applicable to 
                      over-the-road buses.
                          ``(ii) Updates.--A public authority that 
                      operates a toll facility shall report to the 
                      Secretary any change to the rates, terms, or 
                      conditions for access to the toll facility by 
                      public transportation vehicles that differ from 
                      the rates, terms, or conditions applicable to 
                      over-the-road buses by not later than 30 days 
                      after the date on which the change takes effect.
                          ``(iii) <<NOTE: Public information. Web 
                      posting.>>  Publication.--The Secretary shall 
                      publish information reported to the Secretary 
                      under clauses (i) and (ii) on a publicly 
                      accessible internet website.
                    ``(C) Annual audit.--
                          ``(i) In general.--A public authority (as 
                      defined in section 101(a)) with jurisdiction over 
                      a toll facility shall--
                                    ``(I) conduct or have an independent 
                                auditor conduct an annual audit of toll 
                                facility records to verify compliance 
                                with this paragraph; and
                                    ``(II) <<NOTE: Reports.>>  report 
                                the results of the audit, together with 
                                the results of the audit under paragraph 
                                (3)(B), to the Secretary.
                          ``(ii) <<NOTE: Notice.>>  Records.--After 
                      providing reasonable notice, a public authority 
                      described in clause (i) shall make all records of 
                      the public authority pertaining to the toll 
                      facility available for audit by the Secretary.
                          ``(iii) <<NOTE: Determination.>>  
                      Noncompliance.--If the Secretary determines that a 
                      public authority described in clause (i) has not 
                      complied with this paragraph, the Secretary may 
                      require the public authority to discontinue 
                      collecting tolls until an agreement with the 
                      Secretary is reached to achieve compliance.''.
SEC. 11524. BRIDGE TERMINOLOGY.

    (a) Condition of NHS Bridges.--Section 119(f)(2) of title 23, United 
States Code, is amended by striking ``structurally deficient'' each 
place it appears and inserting ``in poor condition''.
    (b) National Bridge and Tunnel Inventories.--Section 144(b)(5) of 
title 23, United States Code, is amended by striking ``structurally 
deficient bridge'' and inserting ``bridge classified as in poor 
condition''.
    (c) Tribal Transportation Facility Bridges.--Section 202(d) of title 
23, United States Code, is amended--
            (1) in paragraph (1), by striking ``deficient bridges 
        eligible for the tribal transportation program'' and inserting 
        ``bridges eligible for the tribal transportation program 
        classified as in poor condition, having low load capacity, or 
        needing geometric improvements''; and
            (2) in paragraph (3)(C), by striking ``structurally 
        deficient or functionally obsolete'' and inserting ``classified 
        as in poor

[[Page 135 STAT. 607]]

        condition, having a low load capacity, or needing geometric 
        improvements''.
SEC. 11525. TECHNICAL CORRECTIONS.

    (a) Section 101(b)(1) of title 23, United States Code, is amended by 
inserting ``Highways'' after ``and Defense''.
    (b) Section 104(f)(3) of title 23, United States Code, is amended--
            (1) in the paragraph heading, by striking ``federal highway 
        administration'' and inserting ``an operating administration of 
        the department of transportation''; and
            (2) in subparagraph (A), by striking ``the Federal Highway 
        Administration'' and inserting ``an operating administration of 
        the Department of Transportation''.

    (c) Section 108(c)(3)(F) of title 23, United States Code, is 
amended--
            (1) by inserting ``of 1969 (42 U.S.C. 4321 et seq.)'' after 
        ``Policy Act''; and
            (2) by striking ``this Act'' and inserting ``this title''.

    (d) Section 112(b)(2) of title 23, United States Code, is amended by 
striking ``(F) (F) Subparagraphs'' and inserting the following:
                    ``(F) Exclusion.--Subparagraphs''.

    (e) Section 115(c) of title 23, United States Code, is amended by 
striking ``section 135(f)'' and inserting ``section 135(g)''.
    (f) Section 130(g) of title 23, United States Code, is amended--
            (1) in the third sentence--
                    (A) by striking ``and Transportation,'' and 
                inserting ``and Transportation''; and
                    (B) by striking ``thereafter,,'' and inserting 
                ``thereafter,''; and
            (2) in the fifth sentence, by striking ``railroad highway'' 
        and inserting ``railway-highway''.

    (g) Section 135(g) of title 23, United States Code, is amended--
            (1) in paragraph (3), by striking ``operators),,'' and 
        inserting ``operators),''; and
            (2) in paragraph (6)(B), by striking ``5310, 5311, 5316, and 
        5317'' and inserting ``5310 and 5311''.

    (h) Section 139 of title 23, United States Code (as amended by 
section 11301), is amended--
            (1) in subsection (b)(1), by inserting ``(42 U.S.C. 4321 et 
        seq.)'' after ``of 1969'';
            (2) in subsection (c), by inserting ``(42 U.S.C. 4321 et 
        seq.)'' after ``of 1969'' each place it appears; and
            (3) in subsection (k)(2), by inserting ``(42 U.S.C. 4321 et 
        seq.)'' after ``of 1969''.

    (i) Section 140(a) of title 23, United States Code, is amended, in 
the third sentence, by inserting a comma after ``Secretary''.
    (j) Section 148(i)(2)(D) of title 23, United States Code, is amended 
by striking ``safety safety'' and inserting ``safety''.
    (k) Section 166(a)(1) of title 23, United States Code, is amended by 
striking the paragraph designation and heading and all that follows 
through ``A public authority'' and inserting the following:
            ``(1) Authority of public authorities.--A public 
        authority''.

    (l) Section 201(c)(6)(A)(ii) of title 23, United States Code, is 
amended by striking ``(25 U.S.C. 450 et seq.)'' and inserting ``(25 
U.S.C. 5301 et seq.)''.

[[Page 135 STAT. 608]]

    (m) Section 202 of title 23, United States Code, is amended--
            (1) by striking ``(25 U.S.C. 450 et seq.)'' each place it 
        appears and inserting ``(25 U.S.C. 5301 et seq.)'';
            (2) in subsection (a)(10)(B), by striking ``(25 U.S.C. 
        450e(b))'' and inserting ``(25 U.S.C. 5307(b))''; and
            (3) in subsection (b)(5), in the matter preceding 
        subparagraph (A), by inserting ``the'' after ``agreement 
        under''.

    (n) Section 206(d)(2)(G) of title 23, United States Code, is amended 
by striking ``use of recreational trails'' and inserting ``uses of 
recreational trails''.
    (o) Section 207 of title 23, United States Code, is amended--
            (1) in subsection (g)--
                    (A) by striking ``(25 U.S.C. 450j-1)'' and inserting 
                ``(25 U.S.C. 5325)''; and
                    (B) by striking ``(25 U.S.C. 450j-1(f))'' and 
                inserting ``(25 U.S.C. 5325(f))'';
            (2) in subsection (l)--
                    (A) in paragraph (1), by striking ``(25 U.S.C. 
                458aaa-5)'' and inserting ``(25 U.S.C. 5386)'';
                    (B) in paragraph (2), by striking ``(25 U.S.C. 
                458aaa-6)'' and inserting ``(25 U.S.C. 5387)'';
                    (C) in paragraph (3), by striking ``(25 U.S.C. 
                458aaa-7)'' and inserting ``(25 U.S.C. 5388)'';
                    (D) in paragraph (4), by striking ``(25 U.S.C. 
                458aaa-9)'' and inserting ``(25 U.S.C. 5390)'';
                    (E) in paragraph (5), by striking ``(25 U.S.C. 
                458aaa-10)'' and inserting ``(25 U.S.C. 5391)'';
                    (F) in paragraph (6), by striking ``(25 U.S.C. 
                458aaa-11)'' and inserting ``(25 U.S.C. 5392)'';
                    (G) in paragraph (7), by striking ``(25 U.S.C. 
                458aaa-14)'' and inserting ``(25 U.S.C. 5395)'';
                    (H) in paragraph (8), by striking ``(25 U.S.C. 
                458aaa-15)'' and inserting ``(25 U.S.C. 5396)''; and
                    (I) in paragraph (9), by striking ``(25 U.S.C. 
                458aaa-17)'' and inserting ``(25 U.S.C. 5398)''; and
            (3) in subsection (m)(2)--
                    (A) by striking ``505'' and inserting ``501''; and
                    (B) by striking ``(25 U.S.C. 450b; 458aaa)'' and 
                inserting ``(25 U.S.C. 5304; 5381)''.

    (p) Section 217(d) of title 23, United States Code, is amended by 
striking ``104(b)(3)'' and inserting ``104(b)(4)''.
    (q) Section 323(d) of title 23, United States Code, is amended in 
the matter preceding paragraph (1), in the second sentence, by inserting 
``(42 U.S.C. 4321 et seq.)'' after ``of 1969''.
    (r) <<NOTE: Repeal.>>  Section 325 of title 23, United States Code, 
is repealed.

    (s) Section 504(g)(6) of title 23, United States Code, is amended by 
striking ``make grants or to'' and inserting ``make grants to''.
    (t) The analysis for chapter 3 of title 23, <<NOTE: 23 USC 301 
prec.>>  United States Code, is amended by striking the item relating to 
section 325.
SEC. 11526. WORKING GROUP ON COVERED RESOURCES.

    (a) Definitions.--In this section:
            (1) Covered resource.--The term ``covered resource'' means a 
        common variety material used in transportation infrastructure 
        construction and maintenance, including stone, sand, and gravel.

[[Page 135 STAT. 609]]

            (2) State.--The term ``State'' means each of the several 
        States, the District of Columbia, and each territory or 
        possession of the United States.
            (3) Working group.--The term ``Working Group'' means the 
        working group established under subsection (b).

    (b) <<NOTE: Deadline. Study.>>  Establishment.--Not later than 120 
days after the date of enactment of this Act, the Secretary shall 
establish a working group to conduct a study on access to covered 
resources for infrastructure projects.

    (c) Membership.--
            (1) Appointment.--The Secretary shall appoint to the Working 
        Group individuals with knowledge and expertise in the production 
        and transportation of covered resources.
            (2) Representation.--The Working Group shall include not 
        less than 1 representative of each of the following:
                    (A) State departments of transportation.
                    (B) State agencies associated with covered resources 
                protection.
                    (C) State planning and geologic survey and mapping 
                agencies.
                    (D) Commercial motor vehicle operators, including 
                small business operators and operators who transport 
                covered resources.
                    (E) Covered resources producers.
                    (F) Construction contractors.
                    (G) Labor organizations.
                    (H) Metropolitan planning organizations and regional 
                planning organizations.
                    (I) Indian Tribes, including Tribal elected 
                leadership or Tribal transportation officials.
                    (J) Any other stakeholders that the Secretary 
                determines appropriate.
            (3) Termination.--The Working Group shall terminate 180 days 
        after the date on which the Secretary receives the report under 
        subsection (f)(1).

    (d) Duties.--In carrying out the study required under subsection 
(b), the Working Group shall analyze--
            (1) the use of covered resources in transportation projects 
        funded with Federal dollars;
            (2) how the proximity of covered resources to such projects 
        affects the cost and environmental impact of those projects;
            (3) whether and how State, Tribal, and local transportation 
        and planning agencies consider covered resources when developing 
        transportation projects; and
            (4) any challenges for transportation project sponsors 
        regarding access and proximity to covered resources.

    (e) Consultation.--In carrying out the study required under 
subsection (b), the Working Group shall consult with, as appropriate--
            (1) chief executive officers of States;
            (2) State, Tribal, and local transportation and planning 
        agencies;
            (3) other relevant State, Tribal, and local agencies, 
        including State agencies associated with covered resources 
        protection;
            (4) members of the public with industry experience with 
        respect to covered resources;

[[Page 135 STAT. 610]]

            (5) other Federal entities that provide funding for 
        transportation projects; and
            (6) any other stakeholder the Working Group determines 
        appropriate.

    (f) <<NOTE: Summaries. Recommenda- tions.>>  Reports.--
            (1) Working group report.--Not later than 2 years after the 
        date on which the Working Group is established, the Working 
        Group shall submit to the Secretary a report that includes--
                    (A) the findings of the study required under 
                subsection (b), including a summary of comments received 
                during the consultation process under subsection (e); 
                and
                    (B) any recommendations to preserve access to and 
                reduce the costs and environmental impacts of covered 
                resources for infrastructure projects.
            (2) Departmental report.--Not later than 90 days after the 
        date on which the Secretary receives the report under paragraph 
        (1), 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 summary of the findings under the report 
        and any recommendations, as appropriate.
SEC. 11527. BLOOD TRANSPORT VEHICLES.

    Section 166(b) of title 23, United States Code, is amended by adding 
at the end the following:
            ``(6) Blood transport vehicles.--The public authority may 
        allow blood transport vehicles that are transporting blood 
        between a collection point and a hospital or storage center to 
        use the HOV facility if the public authority establishes 
        requirements for clearly identifying such vehicles.''.
SEC. 11528. POLLINATOR-FRIENDLY PRACTICES ON ROADSIDES AND HIGHWAY 
                            RIGHTS-OF-WAY.

    (a) In General.--Chapter 3 of title 23, United States Code (as 
amended by section 11309(a)), is amended by adding at the end the 
following:
``Sec. 332. <<NOTE: 23 USC 332.>>  Pollinator-friendly practices 
                on roadsides and highway rights-of-way

    ``(a) <<NOTE: Grants.>>  In General.--The Secretary shall establish 
a program to provide grants to eligible entities to carry out activities 
to benefit pollinators on roadsides and highway rights-of-way, including 
the planting and seeding of native, locally-appropriate grasses and 
wildflowers, including milkweed.

    ``(b) Eligible Entities.--An entity eligible to receive a grant 
under this section is--
            ``(1) a State department of transportation;
            ``(2) an Indian tribe; or
            ``(3) a Federal land management agency.

    ``(c) Application.--To be eligible to receive a grant under this 
section, an eligible entity shall submit to the Secretary an application 
at such time, in such manner, and containing such information as the 
Secretary may require, including a pollinator-friendly practices plan 
described in subsection (d).
    ``(d) Pollinator-friendly Practices Plan.--

[[Page 135 STAT. 611]]

            ``(1) In general.--An eligible entity shall include in the 
        application under subsection (c) a plan that describes the 
        pollinator-friendly practices that the eligible entity has 
        implemented or plans to implement, including--
                    ``(A) practices relating to mowing strategies that 
                promote early successional vegetation and limit 
                disturbance during periods of highest use by target 
                pollinator species on roadsides and highway rights-of-
                way, such as--
                          ``(i) reducing the mowing swath outside of the 
                      State-designated safety zone;
                          ``(ii) increasing the mowing height;
                          ``(iii) reducing the mowing frequency;
                          ``(iv) refraining from mowing monarch and 
                      other pollinator habitat during periods in which 
                      monarchs or other pollinators are present;
                          ``(v) use of a flushing bar and cutting at 
                      reduced speeds to reduce pollinator deaths due to 
                      mowing; or
                          ``(vi) reducing raking along roadsides and 
                      highway rights-of-way;
                    ``(B) implementation of an integrated vegetation 
                management plan that includes approaches such as 
                mechanical tree and brush removal, targeted and 
                judicious use of herbicides, and mowing, to address weed 
                issues on roadsides and highway rights-of-way;
                    ``(C) planting or seeding of native, locally-
                appropriate grasses and wildflowers, including milkweed, 
                on roadsides and highway rights-of-way to enhance 
                pollinator habitat, including larval host plants;
                    ``(D) removing nonnative grasses from planting and 
                seeding mixes, except for use as nurse or cover crops;
                    ``(E) obtaining expert training or assistance on 
                pollinator-friendly practices, including--
                          ``(i) native plant identification;
                          ``(ii) establishment and management of 
                      locally-appropriate native plants that benefit 
                      pollinators;
                          ``(iii) land management practices that benefit 
                      pollinators; and
                          ``(iv) pollinator-focused integrated 
                      vegetation management; or
                    ``(F) <<NOTE: Determination.>>  any other 
                pollinator-friendly practices the Secretary determines 
                to be appropriate.
            ``(2) Coordination.--In developing a plan under paragraph 
        (1), an eligible entity that is a State department of 
        transportation or a Federal land management agency shall 
        coordinate with applicable State agencies, including State 
        agencies with jurisdiction over agriculture and fish and 
        wildlife.
            ``(3) Consultation.--In developing a plan under paragraph 
        (1)--
                    ``(A) an eligible entity that is a State department 
                of transportation or a Federal land management agency 
                shall consult with affected or interested Indian tribes; 
                and
                    ``(B) any eligible entity may consult with nonprofit 
                organizations, institutions of higher education, 
                metropolitan planning organizations, and any other 
                relevant entities.

    ``(e) Award of Grants.--

[[Page 135 STAT. 612]]

            ``(1) <<NOTE: Determination.>>  In general.--The Secretary 
        shall provide a grant to each eligible entity that submits an 
        application under subsection (c), including a plan under 
        subsection (d), that the Secretary determines to be 
        satisfactory.
            ``(2) Amount of grants.--The amount of a grant under this 
        section--
                    ``(A) shall be based on the number of pollinator-
                friendly practices the eligible entity has implemented 
                or plans to implement; and
                    ``(B) shall not exceed $150,000.

    ``(f) Use of Funds.--An eligible entity that receives a grant under 
this section shall use the funds for the implementation, improvement, or 
further development of the plan under subsection (d).
    ``(g) Federal Share.--The Federal share of the cost of an activity 
carried out with a grant under this section shall be 100 percent.
    ``(h) Best Practices.--The Secretary shall develop and make 
available to eligible entities best practices for, and a priority 
ranking of, pollinator-friendly practices on roadsides and highway 
rights-of-way.
    ``(i) Technical Assistance.--On request of an eligible entity that 
receives a grant under this section, the Secretary shall provide 
technical assistance with the implementation, improvement, or further 
development of a plan under subsection (d).
    ``(j) Administrative Costs.--For each fiscal year, the Secretary may 
use not more than 2 percent of the amounts made available to carry out 
this section for the administrative costs of carrying out this section.
    ``(k) Report.--Not later than 1 year after the date on which the 
first grant is provided under this section, the Secretary shall submit 
to the Committee on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a report on the implementation of the program under this 
section.
    ``(l) <<NOTE: Time periods.>> Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated to 
        carry out this section $2,000,000 for each of fiscal years 2022 
        through 2026.
            ``(2) Availability.--Amounts made available under this 
        section shall remain available for a period of 3 years after the 
        last day of the fiscal year for which the funds are 
        authorized.''.

    (b) Clerical Amendment.--The analysis for chapter 3 of title 23, 
United States Code (as amended by section 11309(b)), <<NOTE: 23 USC 301 
prec.>> is amended by adding at the end the following:

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

SEC. 11529. <<NOTE: 23 USC 217 note.>>  ACTIVE TRANSPORTATION 
                            INFRASTRUCTURE INVESTMENT PROGRAM.

    (a) <<NOTE: Grants.>>  In General.--Subject to the availability of 
appropriations, the Secretary shall carry out an active transportation 
infrastructure investment program to make grants, on a competitive 
basis, to eligible organizations to construct eligible projects to 
provide safe and connected active transportation facilities in an active 
transportation network or active transportation spine.

    (b) Application.--

[[Page 135 STAT. 613]]

            (1) In general.--To be eligible to receive a grant under 
        this section, an eligible organization shall submit to the 
        Secretary an application in such manner and containing such 
        information as the Secretary may require.
            (2) <<NOTE: Contracts.>>  Eligible projects partially on 
        federal land.--With respect to an application for an eligible 
        project that is located in part on Federal land, an eligible 
        organization shall enter into a cooperative agreement with the 
        appropriate Federal agency with jurisdiction over such land to 
        submit an application described in paragraph (1).

    (c) Application Considerations.--In making a grant for construction 
of an active transportation network or active transportation spine under 
this section, the Secretary shall consider the following:
            (1) <<NOTE: Plans.>>  Whether the eligible organization 
        submitted a plan for an eligible project for the development of 
        walking and bicycling infrastructure that is likely to provide 
        substantial additional opportunities for walking and bicycling, 
        including effective plans--
                    (A) to create an active transportation network 
                connecting destinations within or between communities, 
                including schools, workplaces, residences, businesses, 
                recreation areas, and other community areas, or create 
                an active transportation spine connecting two or more 
                communities, metropolitan regions, or States; and
                    (B) to integrate active transportation facilities 
                with transit services, where available, to improve 
                access to public transportation.
            (2) Whether the eligible organization demonstrates broad 
        community support through--
                    (A) the use of public input in the development of 
                transportation plans; and
                    (B) the commitment of community leaders to the 
                success and timely implementation of an eligible 
                project.
            (3) Whether the eligible organization provides evidence of 
        commitment to traffic safety, regulations, financial incentives, 
        or community design policies that facilitate significant 
        increases in walking and bicycling.
            (4) The extent to which the eligible organization 
        demonstrates commitment of State, local, or eligible Federal 
        matching funds, and land or in-kind contributions, in addition 
        to the local match required under subsection (f)(1), unless the 
        applicant qualifies for an exception under subsection (f)(2).
            (5) The extent to which the eligible organization 
        demonstrates that the grant will address existing disparities in 
        bicyclist and pedestrian fatality rates based on race or income 
        level or provide access to jobs and services for low-income 
        communities and disadvantaged communities.
            (6) Whether the eligible organization demonstrates how 
        investment in active transportation will advance safety for 
        pedestrians and cyclists, accessibility to jobs and key 
        destinations, economic competitiveness, environmental 
        protection, and quality of life.

    (d) Use of Funds.--
            (1) In general.--Of the amounts made available to carry out 
        this section and subject to paragraphs (2) and (3), the 
        Secretary shall obligate--

[[Page 135 STAT. 614]]

                    (A) not less than 30 percent to eligible projects 
                that construct active transportation networks that 
                connect people with public transportation, businesses, 
                workplaces, schools, residences, recreation areas, and 
                other community activity centers; and
                    (B) not less than 30 percent to eligible projects 
                that construct active transportation spines.
            (2) Planning and design grants.--Each fiscal year, the 
        Secretary shall set aside not less than $3,000,000 of the funds 
        made available to carry out this section to provide planning 
        grants for eligible organizations to develop plans for active 
        transportation networks and active transportation spines.
            (3) Administrative costs.--Each fiscal year, the Secretary 
        shall set aside not more than $2,000,000 of the funds made 
        available to carry out this section to cover the costs of 
        administration, research, technical assistance, communications, 
        and training activities under the program.
            (4) Limitation on statutory construction.--Nothing in this 
        subsection prohibits an eligible organization from receiving 
        research or other funds under title 23 or 49, United States 
        Code.

    (e) <<NOTE: Deadlines.>>  Grant Timing.--
            (1) <<NOTE: Federal Register, publication.>>  Request for 
        application.--Not later than 30 days after funds are made 
        available to carry out this section for a fiscal year, the 
        Secretary shall publish in the Federal Register a request for 
        applications for grants under this section for that fiscal year.
            (2) Selection of grant recipients.--Not later than 150 days 
        after funds are made available to carry out this section for a 
        fiscal year, the Secretary shall select grant recipients of 
        grants under this section for that fiscal year.

    (f) Federal Share.--
            (1) In general.--Except as provided in paragraph (2), the 
        Federal share of the cost of an eligible project carried out 
        using a grant under this section shall not exceed 80 percent of 
        the total project cost.
            (2) Exception for disadvantaged communities.--For eligible 
        projects serving communities with a poverty rate of over 40 
        percent based on the majority of census tracts served by the 
        eligible project, the Secretary may increase the Federal share 
        of the cost of the eligible project up to 100 percent of the 
        total project cost.

    (g) <<NOTE: Contracts.>>  Assistance to Indian Tribes.--In carrying 
out this section, the Secretary may enter into grant agreements, self-
determination contracts, and self-governance compacts under the Indian 
Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.) 
with Indian tribes that are eligible organizations, and such agreements, 
contracts, and compacts shall be administered in accordance with that 
Act.

    (h) Reports.--
            (1) Interim report.--Not later than September 30, 2024, the 
        Secretary shall submit to Congress a report containing the 
        information described in paragraph (3).
            (2) Final report.--Not later than September 30, 2026, the 
        Secretary shall submit to Congress a report containing the 
        information described in paragraph (3).

[[Page 135 STAT. 615]]

            (3) Report information.--A report submitted under this 
        subsection shall contain the following, with respect to the 
        period covered by the applicable report:
                    (A) <<NOTE: List.>> A list of grants made under this 
                section.
                    (B) Best practices of eligible organizations that 
                receive grants under this section in implementing 
                eligible projects.
                    (C) Impediments experienced by eligible 
                organizations that receive grants under this section in 
                developing and shifting to active transportation.

    (i) <<NOTE: Deadline.>>  Rule Required.--Not later than 1 year after 
the date of enactment of this Act, the Secretary shall issue a final 
rule that encourages the use of the programmatic categorical exclusion, 
expedited procurement techniques, and other best practices to facilitate 
productive and timely expenditures for eligible projects that are small, 
low-impact, and constructed within an existing built environment.

    (j) <<NOTE: Time period.>>  Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        the Secretary to carry out this section $200,000,000 for each of 
        fiscal years 2022 through 2026.
            (2) Availability.--The amounts made available to carry out 
        this section shall remain available until expended.

    (k) Treatment of Projects.--Notwithstanding any other provision of 
law, a project assisted under this section shall be treated as a project 
on a Federal-aid highway under chapter 1 of title 23, United States 
Code.
    (l) Definitions.--In this section:
            (1) Active transportation.--The term ``active 
        transportation'' means mobility options powered primarily by 
        human energy, including bicycling and walking.
            (2) Active transportation network.--The term ``active 
        transportation network'' means facilities built for active 
        transportation, including sidewalks, bikeways, and pedestrian 
        and bicycle trails, that connect between destinations within a 
        community or metropolitan region.
            (3) Active transportation spine.--The term ``active 
        transportation spine'' means facilities built for active 
        transportation, including sidewalks, bikeways, and pedestrian 
        and bicycle trails that connect between communities, 
        metropolitan regions, or States.
            (4) Community.--The term ``community'' means a geographic 
        area that is socioeconomically interdependent and may include 
        rural, suburban, and urban jurisdictions.
            (5) Eligible organization.--The term ``eligible 
        organization'' means--
                    (A) a local or regional governmental organization, 
                including a metropolitan planning organization or 
                regional planning organization or council;
                    (B) a multicounty special district;
                    (C) a State;
                    (D) a multistate group of governments; or
                    (E) an Indian tribe.
            (6) Eligible project.--The term ``eligible project'' means 
        an active transportation project or group of projects--
                    (A) within or between a community or group of 
                communities, at least one of which falls within the 
                jurisdiction

[[Page 135 STAT. 616]]

                of an eligible organization, which has submitted an 
                application under this section; and
                    (B) that has--
                          (i) a total cost of not less than $15,000,000; 
                      or
                          (ii) with respect to planning and design 
                      grants, planning and design costs of not less than 
                      $100,000.
            (7) Indian tribe.--The term ``Indian tribe'' has the meaning 
        given the term in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 5304).
            (8) Total project cost.--The term ``total project cost'' 
        means the sum total of all costs incurred in the development of 
        an eligible project that are approved by the Secretary as 
        reasonable and necessary, including--
                    (A) the cost of acquiring real property;
                    (B) the cost of site preparation, demolition, and 
                development;
                    (C) expenses related to the issuance of bonds or 
                notes;
                    (D) fees in connection with the planning, execution, 
                and financing of the eligible project;
                    (E) the cost of studies, surveys, plans, permits, 
                insurance, interest, financing, tax, and assessments;
                    (F) the cost of construction, rehabilitation, 
                reconstruction, and equipping the eligible project;
                    (G) the cost of land improvements;
                    (H) contractor fees;
                    (I) the cost of training and education related to 
                the safety of users of any bicycle or pedestrian network 
                or spine constructed as part of an eligible project; and
                    (J) any other cost that the Secretary determines is 
                necessary and reasonable.
SEC. 11530. HIGHWAY COST ALLOCATION STUDY.

    (a) <<NOTE: Deadline. Coordination. Determination.>>  In General.--
Not later than 4 years after the date of enactment of this Act, the 
Secretary, in coordination with State departments of transportation, 
shall carry out a highway cost allocation study to determine the direct 
costs of highway use by various types of users.

    (b) <<NOTE: Examination.>>  Inclusions.--The study under subsection 
(a) shall include an examination of--
            (1) the Federal costs occasioned in the design, 
        construction, rehabilitation, and maintenance of Federal-aid 
        highways by--
                    (A) the use of vehicles of different dimensions, 
                weights, number of axles, and other specifications; and
                    (B) the frequency of those vehicles in the traffic 
                stream;
            (2) <<NOTE: Determination.>>  the safety-, emissions-, 
        congestion-, and noise-related costs of highway use by various 
        types of users, and other costs as determined by the Secretary; 
        and
            (3) the proportionate share of the costs described in 
        paragraph (1) that are attributable to each class of highway 
        users.

    (c) Requirements.--In carrying out the study under subsection (a), 
the Secretary shall--
            (1) ensure that the study examines only direct costs of 
        highway use;
            (2) capture the various driving conditions in different 
        geographic areas of the United States;

[[Page 135 STAT. 617]]

            (3) to the maximum extent practicable, distinguish between 
        costs directly occasioned by a highway user class and costs 
        occasioned by all highway user classes; and
            (4) compare the costs occasioned by various highway user 
        classes with the user fee revenue contributed to the Highway 
        Trust Fund by those highway user classes.

    (d) Reports.--
            (1) Interim reports.--Not less frequently than annually 
        during the period during which the Secretary is carrying out the 
        study under subsection (a), the Secretary shall submit to 
        Congress an interim report on the progress of the study.
            (2) <<NOTE: Recommenda- tions.>>  Final report.--On 
        completion of the study under subsection (a), the Secretary 
        shall submit to Congress a final report on the results of the 
        study, including the recommendations under subsection (e).

    (e) <<NOTE: Coordination.>>  Recommendations.--On completion of the 
study under subsection (a), the Secretary, in coordination with the 
Secretary of the Treasury, shall develop recommendations for a set of 
revenue options to fully cover the costs occasioned by highway users, 
including recommendations for--
            (1) changes to existing revenue streams; and
            (2) new revenue streams based on user fees.

     TITLE II--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION

SEC. 12001. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION 
                            ACT OF 1998 AMENDMENTS.

    (a) Definitions.--Section 601(a) of title 23, United States Code, is 
amended--
            (1) in subparagraph (E) of paragraph (10), by striking ``3 
        years'' and inserting ``5 years''; and
            (2) in paragraph (12)--
                    (A) by striking subparagraph (E) and inserting the 
                following:
                    ``(E) a project to improve or construct public 
                infrastructure--
                          ``(i) that--
                                    ``(I) is located within walking 
                                distance of, and accessible to, a fixed 
                                guideway transit facility, passenger 
                                rail station, intercity bus station, or 
                                intermodal facility, including a 
                                transportation, public utility, or 
                                capital project described in section 
                                5302(3)(G)(v) of title 49, and related 
                                infrastructure; or
                                    ``(II) is a project for economic 
                                development, including commercial and 
                                residential development, and related 
                                infrastructure and activities--
                                            ``(aa) that incorporates 
                                        private investment;
                                            ``(bb) that is physically or 
                                        functionally related to a 
                                        passenger rail station or 
                                        multimodal station that includes 
                                        rail service;

[[Page 135 STAT. 618]]

                                            
                                        ``(cc) <<NOTE: Deadline.>> for 
                                        which the project sponsor has a 
                                        high probability of commencing 
                                        the contracting process for 
                                        construction by not later than 
                                        90 days after the date on which 
                                        credit assistance under the 
                                        TIFIA program is provided for 
                                        the project; and
                                            ``(dd) that has a high 
                                        probability of reducing the need 
                                        for financial assistance under 
                                        any other Federal program for 
                                        the relevant passenger rail 
                                        station or service by increasing 
                                        ridership, tenant lease 
                                        payments, or other activities 
                                        that generate revenue exceeding 
                                        costs; and
                          ``(ii) <<NOTE: Deadline.>>  for which, by not 
                      later than September 30, 2026, the Secretary has--
                                    ``(I) received a letter of interest; 
                                and
                                    ``(II) <<NOTE: Determination.>>  
                                determined that the project is eligible 
                                for assistance;'';
                    (B) in subparagraph (F), by striking the period at 
                the end and inserting a semicolon; and
                    (C) by adding at the end the following:
                    ``(G) <<NOTE: Deadline.>>  an eligible airport-
                related project (as defined in section 40117(a) of title 
                49) for which, not later than September 30, 2025, the 
                Secretary has--
                          ``(i) received a letter of interest; and
                          ``(ii) <<NOTE: Determination.>>  determined 
                      that the project is eligible for assistance; and
                    ``(H) a project for the acquisition of plant and 
                wildlife habitat pursuant to a conservation plan that--
                          ``(i) has been approved by the Secretary of 
                      the Interior pursuant to section 10 of the 
                      Endangered Species Act of 1973 (16 U.S.C. 1539); 
                      and
                          ``(ii) in the judgment of the Secretary, would 
                      mitigate the environmental impacts of 
                      transportation infrastructure projects otherwise 
                      eligible for assistance under this title.''.

    (b) Eligibility.--Section 602(a)(2) of title 23, United States Code, 
is amended--
            (1) in subparagraph (A)(iv)--
                    (A) by striking ``a rating'' and inserting ``an 
                investment-grade rating''; and
                    (B) by striking ``$75,000,000'' and inserting 
                ``$150,000,000''; and
            (2) in subparagraph (B)--
                    (A) by striking ``the senior debt'' and inserting 
                ``senior debt''; and
                    (B) by striking ``credit instrument is for an amount 
                less than $75,000,000'' and inserting ``total amount of 
                other senior debt and the Federal credit instrument is 
                less than $150,000,000''.

    (c) Federal Requirements.--Section 602(c)(1) of title 23, United 
States Code, is amended in the matter preceding subparagraph (A) by 
striking ``and the requirements of section 5333(a) of title 49 for rail 
projects,'' and inserting ``the requirements of section 5333(a) of title 
49 for rail projects, and the requirements of sections 47112(b) and 
50101 of title 49 for airport-related projects,''.

[[Page 135 STAT. 619]]

    (d) Processing Timelines.--Section 602(d) of title 23, United States 
Code, is amended--
            (1) by redesignating paragraphs (1) and (2) as paragraphs 
        (2) and (3), respectively;
            (2) in paragraph (3) (as so redesignated), by striking 
        ``paragraph (1)'' and inserting ``paragraph (2)''; and
            (3) by inserting before paragraph (2) (as so redesignated) 
        the following:
            ``(1) <<NOTE: Estimate. Deadline.>>  Processing timelines.--
        Except in the case of an application described in subsection 
        (a)(8) and to the maximum extent practicable, the Secretary 
        shall provide an applicant with a specific estimate of the 
        timeline for the approval or disapproval of the application of 
        the applicant, which, to the maximum extent practicable, the 
        Secretary shall endeavor to complete by not later than 150 days 
        after the date on which the applicant submits a letter of 
        interest to the Secretary.''.

    (e) Maturity Date of Certain Secured Loans.--Section 603(b)(5) of 
title 23, United States Code, is amended--
            (1) in subparagraph (A), in the matter preceding clause (i), 
        by striking ``subparagraph (B)'' and inserting ``subparagraphs 
        (B) and (C)''; and
            (2) by adding at the end the following:
                    ``(C) Long lived assets.--In the case of a capital 
                asset with an estimated life of more than 50 years, the 
                final maturity date of the secured loan shall be the 
                lesser of--
                          ``(i) 75 years after the date of substantial 
                      completion of the project; or
                          ``(ii) 75 percent of the estimated useful life 
                      of the capital asset.''.

    (f) Secured Loans.--Section 603(c)(4)(A) of title 23, United States 
Code, is amended--
            (1) by striking ``Any excess'' and inserting the following:
                          ``(i) In general.--Except as provided in 
                      clause (ii), any excess''; and
            (2) by adding at the end the following:
                          ``(ii) <<NOTE: Contracts.>> Certain 
                      applicants.--In the case of a secured loan or 
                      other secured Federal credit instrument provided 
                      after the date of enactment of the Surface 
                      Transportation Reauthorization Act of 2021, if the 
                      obligor is a governmental entity, agency, or 
                      instrumentality, the obligor shall not be required 
                      to prepay the secured loan or other secured 
                      Federal credit instrument with any excess revenues 
                      described in clause (i) if the obligor enters into 
                      an agreement to use those excess revenues only for 
                      purposes authorized under this title or title 
                      49.''.

    (g) Technical Amendment.--Section 602(e) of title 23, United States 
Code, is amended by striking ``section 601(a)(1)(A)'' and inserting 
``section 601(a)(2)(A)''.
    (h) Streamlined Application Process.--Section 603(f) of title 23, 
United States Code, is amended by adding at the end the following:
            ``(3) Additional terms for expedited decisions.--
                    ``(A) <<NOTE: Deadline. Timeline.>>  In general.--
                Not later than 120 days after the date of enactment of 
                this paragraph, the Secretary shall implement an 
                expedited decision timeline for public agency borrowers 
                seeking secured loans that meet--

[[Page 135 STAT. 620]]

                          ``(i) the terms under paragraph (2); and
                          ``(ii) the additional criteria described in 
                      subparagraph (B).
                    ``(B) Additional criteria.--The additional criteria 
                referred to in subparagraph (A)(ii) are the following:
                          ``(i) The secured loan is made on terms and 
                      conditions that substantially conform to the 
                      conventional terms and conditions established by 
                      the National Surface Transportation Innovative 
                      Finance Bureau.
                          ``(ii) The secured loan is rated in the A 
                      category or higher.
                          ``(iii) The TIFIA program share of eligible 
                      project costs is 33 percent or less.
                          ``(iv) <<NOTE: Deadline.>> The applicant 
                      demonstrates a reasonable expectation that the 
                      contracting process for the project can commence 
                      by not later than 90 days after the date on which 
                      a Federal credit instrument is obligated for the 
                      project under the TIFIA program.
                          ``(v) The project has received a categorical 
                      exclusion, a finding of no significant impact, or 
                      a record of decision under the National 
                      Environmental Policy Act of 1969 (42 U.S.C. 4321 
                      et seq.).
                    ``(C) <<NOTE: Deadline.>>  Written notice.--The 
                Secretary shall provide to an applicant seeking a 
                secured loan under the expedited decision process under 
                this paragraph a written notice informing the applicant 
                whether the Secretary has approved or disapproved the 
                application by not later than 180 days after the date on 
                which the Secretary submits to the applicant a letter 
                indicating that the National Surface Transportation 
                Innovative Finance Bureau has commenced the 
                creditworthiness review of the project.''.

    (i) Funding.--
            (1) In general.--Section 608(a) of title 23, United States 
        Code, is amended--
                    (A) by redesignating paragraphs (4) and (5) as 
                paragraphs (5) and (6), respectively;
                    (B) by inserting after paragraph (3) the following:
            ``(4) Limitation for certain projects.--
                    ``(A) Transit-oriented development projects.--For 
                each fiscal year, the Secretary may use to carry out 
                projects described in section 601(a)(12)(E) not more 
                than 15 percent of the amounts made available to carry 
                out the TIFIA program for that fiscal year.
                    ``(B) Airport-related projects.--The Secretary may 
                use to carry out projects described in section 
                601(a)(12)(G)--
                          ``(i) for each fiscal year, not more than 15 
                      percent of the amounts made available to carry out 
                      the TIFIA program under the Surface Transportation 
                      Reauthorization Act of 2021 for that fiscal year; 
                      and
                          ``(ii) <<NOTE: Time period.>>  for the period 
                      of fiscal years 2022 through 2026, not more than 
                      15 percent of the unobligated carryover balances 
                      (as of October 1, 2021).''; and
                    (C) by striking paragraph (6) (as so redesignated) 
                and inserting the following:
            ``(6) Administrative costs.--Of the amounts made available 
        to carry out the TIFIA program, the Secretary may use

[[Page 135 STAT. 621]]

        not more than $10,000,000 for each of fiscal years 2022 through 
        2026 for the administration of the TIFIA program.''.
            (2) Conforming amendment.--Section 605(f)(1) of title 23, 
        United States Code, is amended by striking ``section 608(a)(5)'' 
        and inserting ``section 608(a)(6)''.

    (j) Status Reports.--Section 609 of title 23, United States Code, is 
amended by adding at the end the following:
    ``(c) Status Reports.--
            ``(1) <<NOTE: Web postings. Time periods.>>  In general.--
        The Secretary shall publish on the website for the TIFIA 
        program--
                    ``(A) on a monthly basis, a current status report on 
                all submitted letters of interest and applications 
                received for assistance under the TIFIA program; and
                    ``(B) on a quarterly basis, a current status report 
                on all approved applications for assistance under the 
                TIFIA program.
            ``(2) Inclusions.--Each monthly and quarterly status report 
        under paragraph (1) shall include, at a minimum, with respect to 
        each project included in the status report--
                    ``(A) the name of the party submitting the letter of 
                interest or application;
                    ``(B) the name of the project;
                    ``(C) the date on which the letter of interest or 
                application was received;
                    ``(D) <<NOTE: Cost estimate.>>  the estimated 
                project eligible costs;
                    ``(E) the type of credit assistance sought; and
                    ``(F) the anticipated fiscal year and quarter for 
                closing of the credit assistance.''.

    (k) State Infrastructure Bank Program.--Section 610 of title 23, 
United States Code, is amended--
            (1) in subsection (d)--
                    (A) in paragraph (1)(A), by striking ``fiscal years 
                2016 through 2020'' and inserting ``fiscal years 2022 
                through 2026'';
                    (B) in paragraph (2), by striking ``fiscal years 
                2016 through 2020'' and inserting ``fiscal years 2022 
                through 2026''; and
                    (C) in paragraph (3), by striking ``fiscal years 
                2016 through 2020'' and inserting ``fiscal years 2022 
                through 2026''; and
            (2) in subsection (k), by striking ``fiscal years 2016 
        through 2020'' and inserting ``fiscal years 2022 through 2026''.

    (l) Report.--Not later than September 30, 2025, 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 impact of the amendment relating to 
airport-related projects under subsection (a)(2)(C) and subsection 
(i)(1)(B), including--
            (1) information on the use of TIFIA program (as defined in 
        section 601(a) of title 23, United States Code) funds for 
        eligible airport-related projects (as defined in section 
        40117(a) of title 49, United States Code); and
            (2) <<NOTE: Recommenda- tions.>>  recommendations for 
        modifications to the TIFIA program.

[[Page 135 STAT. 622]]

SEC. 12002. FEDERAL REQUIREMENTS FOR TIFIA ELIGIBILITY AND PROJECT 
                            SELECTION.

    (a) In General.--Section 602(c) of title 23, United States Code, is 
amended by adding at the end the following:
            ``(3) Payment and performance security.--
                    ``(A) In general.--The Secretary shall ensure that 
                the design and construction of a project carried out 
                with assistance under the TIFIA program shall have 
                appropriate payment and performance security, regardless 
                of whether the obligor is a State, local government, 
                agency or instrumentality of a State or local 
                government, public authority, or private party.
                    ``(B) Written determination.--If payment and 
                performance security is required to be furnished by 
                applicable State or local statute or regulation, the 
                Secretary may accept such payment and performance 
                security requirements applicable to the obligor if the 
                Federal interest with respect to Federal funds and other 
                project risk related to design and construction is 
                adequately protected.
                    ``(C) No determination or applicable requirements.--
                If there are no payment and performance security 
                requirements applicable to the obligor, the security 
                under section 3131(b) of title 40 or an equivalent State 
                or local requirement, as determined by the Secretary, 
                shall be required.''.

    (b) <<NOTE: 23 USC 602 note.>>  Applicability.--The amendments made 
by this section shall apply with respect to any agreement for credit 
assistance entered into on or after the date of enactment of this Act.

             TITLE III--RESEARCH, TECHNOLOGY, AND EDUCATION

SEC. 13001. <<NOTE: 23 USC 503 note.>>  STRATEGIC INNOVATION FOR 
                            REVENUE COLLECTION.

    (a) In General.--The Secretary shall establish a program to test the 
feasibility of a road usage fee and other user-based alternative revenue 
mechanisms (referred to in this section as ``user-based alternative 
revenue mechanisms'') to help maintain the long-term solvency of the 
Highway Trust Fund, through pilot projects at the State, local, and 
regional level.
    (b) Grants.--
            (1) In general.--The Secretary shall provide grants to 
        eligible entities to carry out pilot projects under this 
        section.
            (2) Applications.--To be eligible for a grant under this 
        section, an eligible entity shall submit to the Secretary an 
        application at such time, in such manner, and containing such 
        information as the Secretary may require.
            (3) Objectives.--The Secretary shall ensure that, in the 
        aggregate, the pilot projects carried out using funds provided 
        under this section meet the following objectives:
                    (A) To test the design, acceptance, equity, and 
                implementation of user-based alternative revenue 
                mechanisms, including among--
                          (i) differing income groups; and
                          (ii) rural and urban drivers, as applicable.

[[Page 135 STAT. 623]]

                    (B) <<NOTE: Recommenda- tions.>>  To provide 
                recommendations regarding adoption and implementation of 
                user-based alternative revenue mechanisms.
                    (C) To quantify and minimize the administrative 
                costs of any potential user-based alternative revenue 
                mechanisms.
                    (D) To test a variety of solutions, including the 
                use of independent and private third-party vendors, for 
                the collection of data and fees from user-based 
                alternative revenue mechanisms, including the 
                reliability and security of those solutions and vendors.
                    (E) To test solutions to ensure the privacy and 
                security of data collected for the purpose of 
                implementing a user-based alternative revenue mechanism.
                    (F) To conduct public education and outreach to 
                increase public awareness regarding the need for user-
                based alternative revenue mechanisms for surface 
                transportation programs.
                    (G) <<NOTE: Evaluation.>> To evaluate the ease of 
                compliance and enforcement of a variety of 
                implementation approaches for different users of the 
                surface transportation system.
                    (H) To ensure, to the greatest extent practicable, 
                the use of innovation.
                    (I) To consider, to the greatest extent practicable, 
                the potential for revenue collection along a network of 
                alternative fueling stations.
                    (J) <<NOTE: Evaluation.>> To evaluate the impacts of 
                the imposition of a user-based alternative revenue 
                mechanism on--
                          (i) transportation revenues;
                          (ii) personal mobility, driving patterns, 
                      congestion, and transportation costs; and
                          (iii) freight movement and costs.
                    (K) <<NOTE: Evaluation.>>  To evaluate options for 
                the integration of a user-based alternative revenue 
                mechanism with--
                          (i) nationwide transportation revenue 
                      collections and regulations;
                          (ii) toll revenue collection platforms;
                          (iii) transportation network company fees; and
                          (iv) any other relevant transportation revenue 
                      mechanisms.
            (4) Eligible entity.--An entity eligible to apply for a 
        grant under this section is--
                    (A) a State or a group of States;
                    (B) a local government or a group of local 
                governments; or
                    (C) a metropolitan planning organization (as defined 
                in section 134(b) of title 23, United States Code) or a 
                group of metropolitan planning organizations.
            (5) Use of funds.--An eligible entity that receives a grant 
        under this section shall use the grant to carry out a pilot 
        project to address 1 or more of the objectives described in 
        paragraph (3).
            (6) Consideration.--The Secretary shall consider geographic 
        diversity in awarding grants under this subsection.
            (7) Federal share.--The Federal share of the cost of a pilot 
        project carried out under this section may not exceed--

[[Page 135 STAT. 624]]

                    (A) 80 percent of the total cost of a project 
                carried out by an eligible entity that has not otherwise 
                received a grant under this section; and
                    (B) 70 percent of the total cost of a project 
                carried out by an eligible entity that has received at 
                least 1 grant under this section.

    (c) Limitation on Revenue Collected.--Any revenue collected through 
a user-based alternative revenue mechanism established using funds 
provided under this section shall not be considered a toll under section 
301 of title 23, United States Code.
    (d) <<NOTE: Coordination.>>  Recommendations and Report.--Not later 
than 3 years after the date of enactment of this Act, the Secretary, in 
coordination with the Secretary of the Treasury and the Federal System 
Funding Alternative Advisory Board established under section 
13002(g)(1), shall submit to the Committee on Environment and Public 
Works of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives a report that--
            (1) <<NOTE: Summaries.>>  summarizes the results of the 
        pilot projects under this section and the national pilot program 
        under section 13002; and
            (2) provides recommendations, if applicable, to enable 
        potential implementation of a nationwide user-based alternative 
        revenue mechanism.

    (e) Funding.--
            (1) In general.--Of the funds made available to carry out 
        section 503(b) of title 23, United States Code, for each of 
        fiscal years 2022 through 2026 $15,000,000 shall be used for 
        pilot projects under this section.
            (2) <<NOTE: Effective date. Determination. Transfer 
        authority.>>  Flexibility.--If, by August 1 of each fiscal year, 
        the Secretary determines that there are not enough grant 
        applications to meet the requirements of this section for that 
        fiscal year, the Secretary shall transfer to the national pilot 
        program under section 13002 or to the highway research and 
        development program under section 503(b) of title 23, United 
        States Code--
                    (A) any funds reserved for a fiscal year under 
                paragraph (1) that the Secretary has not yet awarded 
                under this section; and
                    (B) an amount of obligation limitation equal to the 
                amount of funds that the Secretary transfers under 
                subparagraph (A).

    (f) Repeal.--
            (1) In general.--Section 6020 of the FAST Act (23 U.S.C. 503 
        note; Public Law 114-94) is repealed.
            (2) Clerical amendment.--The table of contents in section 
        1(b) of the FAST Act (Public Law 114-94; 129 Stat. 1312) is 
        amended by striking the item relating to section 6020.
SEC. 13002. <<NOTE: 23 USC 503 note.>>  NATIONAL MOTOR VEHICLE 
                            PER-MILE USER FEE PILOT.

    (a) Definitions.--In this section:
            (1) Advisory board.--The term ``advisory board'' means the 
        Federal System Funding Alternative Advisory Board established 
        under subsection (g)(1).
            (2) Commercial vehicle.--The term ``commercial vehicle'' has 
        the meaning given the term commercial motor vehicle in section 
        31101 of title 49, United States Code.

[[Page 135 STAT. 625]]

            (3) Highway trust fund.--The term ``Highway Trust Fund'' 
        means the Highway Trust Fund established under section 9503 of 
        the Internal Revenue Code of 1986.
            (4) Light truck.--The term ``light truck'' has the meaning 
        given the term in section 523.2 of title 49, Code of Federal 
        Regulations (or successor regulations).
            (5) Medium- and heavy-duty truck.--The term ``medium- and 
        heavy-duty truck'' has the meaning given the term ``commercial 
        medium- and heavy-duty on-highway vehicle'' in section 32901(a) 
        of title 49, United States Code.
            (6) Passenger motor vehicle.--The term ``passenger motor 
        vehicle'' has the meaning given the term in section 32101 of 
        title 49, United States Code.
            (7) Per-mile user fee.--The term ``per-mile user fee'' means 
        a revenue mechanism that--
                    (A) is applied to road users operating motor 
                vehicles on the surface transportation system; and
                    (B) is based on the number of vehicle miles traveled 
                by an individual road user.
            (8) Pilot program.--The term ``pilot program'' means the 
        pilot program established under subsection (b)(1).
            (9) Volunteer participant.--The term ``volunteer 
        participant'' means--
                    (A) an owner or lessee of a private, personal motor 
                vehicle who volunteers to participate in the pilot 
                program;
                    (B) a commercial vehicle operator who volunteers to 
                participate in the pilot program; or
                    (C) an owner of a motor vehicle fleet who volunteers 
                to participate in the pilot program.

    (b) Establishment.--
            (1) <<NOTE: Coordination.>>  In general.--The Secretary, in 
        coordination with the Secretary of the Treasury, and consistent 
        with the recommendations of the advisory board, shall establish 
        a pilot program to demonstrate a national motor vehicle per-mile 
        user fee--
                    (A) to restore and maintain the long-term solvency 
                of the Highway Trust Fund; and
                    (B) to improve and maintain the surface 
                transportation system.
            (2) Objectives.--The objectives of the pilot program are--
                    (A) to test the design, acceptance, implementation, 
                and financial sustainability of a national motor vehicle 
                per-mile user fee;
                    (B) to address the need for additional revenue for 
                surface transportation infrastructure and a national 
                motor vehicle per-mile user fee; and
                    (C) <<NOTE: Recommenda- tions.>> to provide 
                recommendations relating to the adoption and 
                implementation of a national motor vehicle per-mile user 
                fee.

    (c) <<NOTE: Coordination.>>  Parameters.--In carrying out the pilot 
program, the Secretary, in coordination with the Secretary of the 
Treasury, shall--
            (1) provide different methods that volunteer participants 
        can choose from to track motor vehicle miles traveled;
            (2) <<NOTE: District of Columbia. Puerto Rico.>>  solicit 
        volunteer participants from all 50 States, the District of 
        Columbia, and the Commonwealth of Puerto Rico;
            (3) ensure an equitable geographic distribution by 
        population among volunteer participants;

[[Page 135 STAT. 626]]

            (4) include commercial vehicles and passenger motor 
        vehicles; and
            (5) use components of and, where appropriate, coordinate 
        with--
                    (A) the States that received a grant under section 
                6020 of the FAST Act (23 U.S.C. 503 note; Public Law 
                114-94) (as in effect on the day before the date of 
                enactment of this Act); and
                    (B) eligible entities that received a grant under 
                section 13001.

    (d) Methods.--
            (1) <<NOTE: Coordination.>>  Tools.--In selecting the 
        methods described in subsection (c)(1), the Secretary shall 
        coordinate with entities that voluntarily provide to the 
        Secretary for use under the pilot program any of the following 
        vehicle-miles-traveled collection tools:
                    (A) Third-party on-board diagnostic (OBD-II) 
                devices.
                    (B) Smart phone applications.
                    (C) Telemetric data collected by automakers.
                    (D) Motor vehicle data obtained by car insurance 
                companies.
                    (E) Data from the States that received a grant under 
                section 6020 of the FAST Act (23 U.S.C. 503 note; Public 
                Law 114-94) (as in effect on the day before the date of 
                enactment of this Act).
                    (F) Motor vehicle data obtained from fueling 
                stations.
                    (G) Any other method that the Secretary considers 
                appropriate.
            (2) Coordination.--
                    (A) <<NOTE: Determination.>>  Selection.--The 
                Secretary shall determine which collection tools under 
                paragraph (1) are selected for the pilot program.
                    (B) Volunteer participants.--In a manner that the 
                Secretary considers appropriate, the Secretary shall 
                enable each volunteer participant to choose 1 of the 
                selected collection tools under paragraph (1).

    (e) Motor Vehicle Per-mile User Fees.--For the purposes of the pilot 
program, the Secretary of the Treasury shall establish, on an annual 
basis, per-mile user fees for passenger motor vehicles, light trucks, 
and medium- and heavy-duty trucks, which amount may vary between vehicle 
types and weight classes to reflect estimated impacts on infrastructure, 
safety, congestion, the environment, or other related social impacts.
    (f) <<NOTE: Coordination.>>  Volunteer Participants.--The Secretary, 
in coordination with the Secretary of the Treasury, shall--
            (1)(A) ensure, to the extent practicable, that the greatest 
        number of volunteer participants participate in the pilot 
        program; and
            (B) ensure that such volunteer participants represent 
        geographically diverse regions of the United States, including 
        from urban and rural areas; and
            (2) issue policies relating to the protection of volunteer 
        participants, including policies that--
                    (A) protect the privacy of volunteer participants; 
                and
                    (B) secure the data provided by volunteer 
                participants.

    (g) Federal System Funding Alternative Advisory Board.--

[[Page 135 STAT. 627]]

            (1) <<NOTE: Deadline.>> In general.--Not later than 90 days 
        after the date of enactment of this Act, the Secretary shall 
        establish an advisory board, to be known as the ``Federal System 
        Funding Alternative Advisory Board'', to assist with--
                    (A) <<NOTE: Recommenda- tions.>>  providing the 
                Secretary with recommendations related to the structure, 
                scope, and methodology for developing and implementing 
                the pilot program;
                    (B) carrying out the public awareness campaign under 
                subsection (h); and
                    (C) developing the report under subsection (n).
            (2) <<NOTE: Appointments.>> Membership.--The advisory board 
        shall include, at a minimum, the following representatives and 
        entities, to be appointed by the Secretary:
                    (A) State departments of transportation.
                    (B) Any public or nonprofit entity that led a 
                surface transportation system funding alternatives pilot 
                project under section 6020 of the FAST Act (23 U.S.C. 
                503 note; Public Law 114-94) (as in effect on the day 
                before the date of enactment of this Act).
                    (C) Representatives of the trucking industry, 
                including owner-operator independent drivers.
                    (D) Data security experts with expertise in personal 
                privacy.
                    (E) Academic experts on surface transportation 
                systems.
                    (F) Consumer advocates, including privacy experts.
                    (G) Advocacy groups focused on equity.
                    (H) Owners of motor vehicle fleets.
                    (I) Owners and operators of toll facilities.
                    (J) Tribal groups or representatives.
                    (K) <<NOTE: Determination.>> Any other 
                representatives or entities, as determined appropriate 
                by the Secretary.
            (3) <<NOTE: Deadline.>>  Recommendations.--Not later than 1 
        year after the date on which the advisory board is established 
        under paragraph (1), the advisory board shall provide the 
        Secretary with the recommendations described in subparagraph (A) 
        of that paragraph, which the Secretary shall use in implementing 
        the pilot program.

    (h) Public Awareness Campaign.--
            (1) In general.--The Secretary, with guidance from the 
        advisory board, may carry out a public awareness campaign to 
        increase public awareness regarding a national motor vehicle 
        per-mile user fee, including distributing information--
                    (A) related to the pilot program;
                    (B) from the State surface transportation system 
                funding alternatives pilot program under section 6020 of 
                the FAST Act (23 U.S.C. 503 note; Public Law 114-94) (as 
                in effect on the day before the date of enactment of 
                this Act); and
                    (C) related to consumer privacy.
            (2) Considerations.--In carrying out the public awareness 
        campaign under this subsection, the Secretary shall consider 
        issues unique to each State.

    (i) <<NOTE: Coordination.>>  Revenue Collection.--The Secretary of 
the Treasury, in coordination with the Secretary, shall establish a 
mechanism to collect motor vehicle per-mile user fees established under 
subsection (e) from volunteer participants, which--

[[Page 135 STAT. 628]]

            (1) may be adjusted as needed to address technical 
        challenges; and
            (2) may allow independent and private third-party vendors to 
        collect the motor vehicle per-mile user fees and forward such 
        fees to the Treasury.

    (j) <<NOTE: Contracts.>> Agreement.--The Secretary may enter into an 
agreement with a volunteer participant containing such terms and 
conditions as the Secretary considers necessary for participation in the 
pilot program.

    (k) Limitation.--Any revenue collected through the mechanism 
established under subsection (i) shall not be considered a toll under 
section 301 of title 23, United States Code.
    (l) Highway Trust Fund.--The Secretary of the Treasury shall ensure 
that any revenue collected under subsection (i) is deposited into the 
Highway Trust Fund.
    (m) <<NOTE: Deadlines. Time 
period. Consultation. Estimates.>> Payment.--Not more than 60 days after 
the end of each calendar quarter in which a volunteer participant has 
participated in the pilot program, the Secretary of the Treasury, in 
consultation with the Secretary of Transportation, shall estimate an 
amount of payment for each volunteer based on the vehicle miles 
submitted by the volunteer for the calendar quarter and issue such 
payment to such volunteer participant.

    (n) <<NOTE: Analysis.>>  Report to Congress.--Not later than 1 year 
after the date on which volunteer participants begin participating in 
the pilot program, and each year thereafter for the duration of the 
pilot program, the Secretary and the Secretary of the Treasury shall 
submit to the Committee on Environment and Public Works of the Senate 
and the Committee on Transportation and Infrastructure of the House of 
Representatives a report that includes an analysis of--
            (1) whether the objectives described in subsection (b)(2) 
        were achieved;
            (2) how volunteer participant protections in subsection 
        (f)(2) were complied with;
            (3) <<NOTE: Estimates.>>  whether motor vehicle per-mile 
        user fees can maintain the long-term solvency of the Highway 
        Trust Fund and improve and maintain the surface transportation 
        system, which shall include estimates of administrative costs 
        related to collecting such motor vehicle per mile user fees;
            (4) how the privacy of volunteers was maintained; and
            (5) equity impacts of the pilot program, including the 
        impacts of the pilot program on low-income commuters.

    (o) Funding.--
            (1) <<NOTE: Time period.>>  In general.--Of the funds made 
        available to carry out section 503(b) of title 23, United States 
        Code, for each of fiscal years 2022 through 2026 $10,000,000 
        shall be used to carry out the pilot program under this section.
            (2) Excess funds.--Any excess funds remaining after carrying 
        out the pilot program under this section shall be available to 
        make grants for pilot projects under section 13001.
SEC. 13003. PERFORMANCE MANAGEMENT DATA SUPPORT PROGRAM.

    Section 6028(c) of the FAST Act (23 U.S.C. 150 note; Public Law 114-
94) is amended by striking ``fiscal years 2016 through 2020'' and 
inserting ``fiscal years 2022 through 2026''.

[[Page 135 STAT. 629]]

SEC. 13004. <<NOTE: 23 USC 503 note.>>  DATA INTEGRATION PILOT 
                            PROGRAM.

    (a) Establishment.--The Secretary shall establish a pilot program--
            (1) to provide research and develop models that integrate, 
        in near-real-time, data from multiple sources, including 
        geolocated--
                    (A) weather conditions;
                    (B) roadway conditions;
                    (C) incidents, work zones, and other nonrecurring 
                events related to emergency planning; and
                    (D) information from emergency responders; and
            (2) to facilitate data integration between the Department, 
        the National Weather Service, and other sources of data that 
        provide real-time data with respect to roadway conditions during 
        or as a result of severe weather events, including, at a 
        minimum--
                    (A) winter weather;
                    (B) heavy rainfall; and
                    (C) tropical weather events.

    (b) Requirements.--In carrying out subsection (a)(1), the Secretary 
shall--
            (1) address the safety, resiliency, and vulnerability of the 
        transportation system to disasters; and
            (2) develop tools for decisionmakers and other end-users who 
        could use or benefit from the integrated data described in that 
        subsection to improve public safety and mobility.

    (c) Treatment.--Except as otherwise provided in this section, the 
Secretary shall carry out activities under the pilot program under this 
section as if--
            (1) those activities were authorized under chapter 5 of 
        title 23, United States Code; and
            (2) the funds made available to carry out the pilot program 
        were made available under that chapter.

    (d) <<NOTE: Time period.>> Authorization of Appropriations.--There 
is authorized to be appropriated to carry out this section $2,500,000 
for each of fiscal years 2022 through 2026, to remain available until 
expended.
SEC. 13005. <<NOTE: 23 USC 503 note.>>  EMERGING TECHNOLOGY 
                            RESEARCH PILOT PROGRAM.

    (a) Establishment.--The Secretary shall establish a pilot program to 
conduct emerging technology research in accordance with this section.
    (b) Activities.--The pilot program under this section shall 
include--
            (1) research and development activities relating to 
        leveraging advanced and additive manufacturing technologies to 
        increase the structural integrity and cost-effectiveness of 
        surface transportation infrastructure; and
            (2) research and development activities (including 
        laboratory and test track supported accelerated pavement testing 
        research regarding the impacts of connected, autonomous, and 
        platooned vehicles on pavement and infrastructure performance)--
                    (A) to reduce the impact of automated and connected 
                driving systems and advanced driver-assistance systems 
                on pavement and infrastructure performance; and

[[Page 135 STAT. 630]]

                    (B) to improve transportation infrastructure design 
                in anticipation of increased usage of automated driving 
                systems and advanced driver-assistance systems.

    (c) Treatment.--Except as otherwise provided in this section, the 
Secretary shall carry out activities under the pilot program under this 
section as if--
            (1) those activities were authorized under chapter 5 of 
        title 23, United States Code; and
            (2) the funds made available to carry out the pilot program 
        were made available under that chapter.

    (d) <<NOTE: Time period.>> Authorization of Appropriations.--There 
is authorized to be appropriated to carry out this section $5,000,000 
for each of fiscal years 2022 through 2026, to remain available until 
expended.
SEC. 13006. RESEARCH AND TECHNOLOGY DEVELOPMENT AND DEPLOYMENT.

    (a) In General.--Section 503 of title 23, United States Code, is 
amended--
            (1) in subsection (a)(2), by striking ``section 508'' and 
        inserting ``section 6503 of title 49'';
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                          (i) in subparagraph (C), by striking ``and'' 
                      at the end;
                          (ii) in subparagraph (D), by striking the 
                      period at the end and inserting a semicolon; and
                          (iii) by adding at the end the following:
                    ``(E) engage with public and private entities to 
                spur advancement of emerging transformative innovations 
                through accelerated market readiness; and
                    ``(F) <<NOTE: Consultation.>> consult frequently 
                with public and private entities on new transportation 
                technologies.'';
                    (B) in paragraph (2)(C)--
                          (i) by redesignating clauses (x) through (xv) 
                      as clauses (xi) through (xvi), respectively; and
                          (ii) by inserting after clause (ix) the 
                      following:
                          ``(x) safety measures to reduce the number of 
                      wildlife-vehicle collisions;'';
                    (C) in paragraph (3)--
                          (i) in subparagraph (B)(viii), by inserting 
                      ``, including weather,'' after ``events''; and
                          (ii) in subparagraph (C)--
                                    (I) in clause (xv), by inserting 
                                ``extreme weather events and'' after 
                                ``withstand'';
                                    (II) in clause (xviii), by striking 
                                ``and'' at the end;
                                    (III) in clause (xix), by striking 
                                the period at the end and inserting ``; 
                                and''; and
                                    (IV) by adding at the end the 
                                following:
                          ``(xx) <<NOTE: Studies.>>  studies on the 
                      deployment and revenue potential of the deployment 
                      of energy and broadband infrastructure in highway 
                      rights-of-way, including potential adverse impacts 
                      of the use or nonuse of those rights-of-way.'';
                    (D) in paragraph (6)--

[[Page 135 STAT. 631]]

                          (i) in subparagraph (A), by striking ``and'' 
                      at the end;
                          (ii) in subparagraph (B), by striking the 
                      period at the end and inserting ``; and''; and
                          (iii) by adding at the end the following:
                    ``(C) <<NOTE: Consultation.>> to support research on 
                non-market-ready technologies in consultation with 
                public and private entities.'';
                    (E) in paragraph (7)(B)--
                          (i) in the matter preceding clause (i), by 
                      inserting ``innovations by leading'' after 
                      ``support'';
                          (ii) in clause (iii), by striking ``and'' at 
                      the end;
                          (iii) in clause (iv), by striking the period 
                      at the end and inserting ``; and''; and
                          (iv) by adding at the end the following:
                          ``(v) <<NOTE: Evaluation.>>  the evaluation of 
                      information from accelerated market readiness 
                      efforts, including non-market-ready technologies, 
                      in consultation with other offices of the Federal 
                      Highway Administration, the National Highway 
                      Traffic Safety Administration, and other key 
                      partners.'';
                    (F) in paragraph (8)(A), by striking ``future 
                highway'' and all that follows through ``needs.'' and 
                inserting the following: ``current conditions and future 
                needs of highways, bridges, and tunnels of the United 
                States, including--
                          ``(i) the conditions and performance of the 
                      highway network for freight movement;
                          ``(ii) intelligent transportation systems;
                          ``(iii) resilience needs; and
                          ``(iv) the backlog of current highway, bridge, 
                      and tunnel needs.''; and
                    (G) by adding at the end the following:
            ``(9) Analysis tools.--The Secretary may develop interactive 
        modeling tools and databases that--
                    ``(A) track the full condition of highway assets, 
                including interchanges, and the reconstruction history 
                of those assets;
                    ``(B) can be used to assess transportation options;
                    ``(C) allow for the monitoring and modeling of 
                network-level traffic flows on highways; and
                    ``(D) further Federal and State understanding of the 
                importance of national and regional connectivity and the 
                need for long-distance and interregional passenger and 
                freight travel by highway and other surface 
                transportation modes.''; and
            (3) in subsection (c)--
                    (A) in paragraph (1)--
                          (i) in the matter preceding subparagraph (A), 
                      by inserting ``use of rights-of-way permissible 
                      under applicable law,'' after ``structures,'';
                          (ii) in subparagraph (D), by striking ``and'' 
                      at the end;
                          (iii) in subparagraph (E), by striking the 
                      period at the end and inserting ``; and''; and
                          (iv) by adding at the end the following:
                    ``(F) <<NOTE: Evaluation.>> disseminating and 
                evaluating information from accelerated market readiness 
                efforts, including non-market-ready technologies, to 
                public and private entities.'';

[[Page 135 STAT. 632]]

                    (B) in paragraph (2)--
                          (i) in subparagraph (B)(iii), by striking 
                      ``improved tools and methods to accelerate the 
                      adoption'' and inserting ``and deploy improved 
                      tools and methods to accelerate the adoption of 
                      early-stage and proven innovative practices and 
                      technologies and, as the Secretary determines to 
                      be appropriate, support continued 
                      implementation''; and
                          (ii) by adding at the end the following:
                    ``(D) <<NOTE: Public information. Web 
                posting.>> Report.--Not later than 2 years after the 
                date of enactment of this subparagraph and every 2 years 
                thereafter, the Secretary shall submit to the Committee 
                on Environment and Public Works of the Senate and the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives and make publicly available on 
                an internet website a report that describes--
                          ``(i) the activities the Secretary has 
                      undertaken to carry out the program established 
                      under paragraph (1); and
                          ``(ii) how and to what extent the Secretary 
                      has worked to disseminate non-market-ready 
                      technologies to public and private entities.'';
                    (C) in paragraph (3)--
                          (i) by redesignating subparagraphs (C) and (D) 
                      as subparagraphs (D) and (E), respectively;
                          (ii) by inserting after subparagraph (B) the 
                      following:
                    ``(C) High-friction surface treatment application 
                study.--
                          ``(i) Definition of institution.--In this 
                      subparagraph, the term `institution' means a 
                      private sector entity, public agency, research 
                      university or other research institution, or 
                      organization representing transportation and 
                      technology leaders or other transportation 
                      stakeholders that, as determined by the Secretary, 
                      is capable of working with State highway agencies, 
                      the Federal Highway Administration, and the 
                      highway construction industry to develop and 
                      evaluate new products, design technologies, and 
                      construction methods that quickly lead to pavement 
                      improvements.
                          ``(ii) <<NOTE: Contracts.>>  Study.--The 
                      Secretary shall seek to enter into an agreement 
                      with an institution to carry out a study on the 
                      use of natural and synthetic calcined bauxite as a 
                      high-friction surface treatment application on 
                      pavement.
                          ``(iii) Report.--Not later than 18 months 
                      after the date of enactment of the Surface 
                      Transportation Reauthorization Act of 2021, the 
                      Secretary shall submit a report on the results of 
                      the study under clause (ii) to--
                                    ``(I) the Committee on Environment 
                                and Public Works of the Senate;
                                    ``(II) the Committee on 
                                Transportation and Infrastructure of the 
                                House of Representatives;
                                    ``(III) the Federal Highway 
                                Administration; and

[[Page 135 STAT. 633]]

                                    ``(IV) the American Association of 
                                State Highway and Transportation 
                                Officials.'';
                          (iii) in subparagraph (D) (as so 
                      redesignated), by striking ``fiscal years 2016 
                      through 2020'' and inserting ``fiscal years 2022 
                      through 2026''; and
                          (iv) in subparagraph (E) (as so 
                      redesignated)--
                                    (I) in clause (i), by striking 
                                ``annually'' and inserting ``once every 
                                3 years''; and
                                    (II) in clause (ii)--
                                            (aa) in subclause (III), by 
                                        striking ``and'' at the end;
                                            (bb) in subclause (IV), by 
                                        striking the period at the end 
                                        and inserting a semicolon; and
                                            (cc) by adding at the end 
                                        the following:
                                    ``(V) pavement monitoring and data 
                                collection practices;
                                    ``(VI) pavement durability and 
                                resilience;
                                    ``(VII) stormwater management;
                                    ``(VIII) impacts on vehicle 
                                efficiency;
                                    ``(IX) the energy efficiency of the 
                                production of paving materials and the 
                                ability of paving materials to enhance 
                                the environment and promote 
                                sustainability; and
                                    ``(X) integration of renewable 
                                energy in pavement designs.''; and
                    (D) by adding at the end the following:
            ``(5) Accelerated implementation and deployment of advanced 
        digital construction management systems.--
                    ``(A) In general.--The Secretary shall establish and 
                implement a program under the technology and innovation 
                deployment program established under paragraph (1) to 
                promote, implement, deploy, demonstrate, showcase, 
                support, and document the application of advanced 
                digital construction management systems, practices, 
                performance, and benefits.
                    ``(B) Goals.--The goals of the accelerated 
                implementation and deployment of advanced digital 
                construction management systems program established 
                under subparagraph (A) shall include--
                          ``(i) accelerated State adoption of advanced 
                      digital construction management systems applied 
                      throughout the construction lifecycle (including 
                      through the design and engineering, construction, 
                      and operations phases) that--
                                    ``(I) maximize interoperability with 
                                other systems, products, tools, or 
                                applications;
                                    ``(II) boost productivity;
                                    ``(III) manage complexity;
                                    ``(IV) reduce project delays and 
                                cost overruns; and
                                    ``(V) enhance safety and quality;
                          ``(ii) more timely and productive information-
                      sharing among stakeholders through reduced 
                      reliance on paper to manage construction processes 
                      and deliverables such as blueprints, design 
                      drawings,

[[Page 135 STAT. 634]]

                      procurement and supply-chain orders, equipment 
                      logs, daily progress reports, and punch lists;
                          ``(iii) deployment of digital management 
                      systems that enable and leverage the use of 
                      digital technologies on construction sites by 
                      contractors, such as state-of-the-art automated 
                      and connected machinery and optimized routing 
                      software that allows construction workers to 
                      perform tasks faster, safer, more accurately, and 
                      with minimal supervision;
                          ``(iv) the development and deployment of best 
                      practices for use in digital construction 
                      management;
                          ``(v) increased technology adoption and 
                      deployment by States and units of local government 
                      that enables project sponsors--
                                    ``(I) to integrate the adoption of 
                                digital management systems and 
                                technologies in contracts; and
                                    ``(II) to weigh the cost of 
                                digitization and technology in setting 
                                project budgets;
                          ``(vi) technology training and workforce 
                      development to build the capabilities of project 
                      managers and sponsors that enables States and 
                      units of local government--
                                    ``(I) to better manage projects 
                                using advanced construction management 
                                technologies; and
                                    ``(II) to properly measure and 
                                reward technology adoption across 
                                projects of the State or unit of local 
                                government;
                          ``(vii) development of guidance to assist 
                      States in updating regulations of the State to 
                      allow project sponsors and contractors--
                                    ``(I) to report data relating to the 
                                project in digital formats; and
                                    ``(II) to fully capture the 
                                efficiencies and benefits of advanced 
                                digital construction management systems 
                                and related technologies;
                          ``(viii) reduction in the environmental 
                      footprint of construction projects using advanced 
                      digital construction management systems resulting 
                      from elimination of congestion through more 
                      efficient projects; and
                          ``(ix) enhanced worker and pedestrian safety 
                      resulting from increased transparency.
                    ``(C) <<NOTE: Time period.>>  Funding.--For each of 
                fiscal years 2022 through 2026, the Secretary shall 
                obligate from funds made available to carry out this 
                subsection $20,000,000 to accelerate the deployment and 
                implementation of advanced digital construction 
                management systems.
                    ``(D) Publication.--
                          ``(i) <<NOTE: Public information. Web 
                      posting. Reports.>> In general.--Not less 
                      frequently than annually, the Secretary shall 
                      issue and make available to the public on a 
                      website a report on--
                                    ``(I) progress made in the 
                                implementation of advanced digital 
                                management systems by States; and

[[Page 135 STAT. 635]]

                                    ``(II) the costs and benefits of the 
                                deployment of new technology and 
                                innovations that substantially and 
                                directly resulted from the program 
                                established under this paragraph.
                          ``(ii) <<NOTE: Analysis.>> Inclusions.--The 
                      report under clause (i) may include an analysis 
                      of--
                                    ``(I) Federal, State, and local cost 
                                savings;
                                    ``(II) project delivery time 
                                improvements;
                                    ``(III) congestion impacts; and
                                    ``(IV) safety improvements for 
                                roadway users and construction 
                                workers.''.

    (b) Advanced Transportation Technologies and Innovative Mobility 
Deployment.--Section 503(c)(4) of title 23, United States Code, is 
amended--
            (1) in the heading, by inserting ``and innovative mobility'' 
        before ``deployment'';
            (2) by striking subparagraph (A) and inserting the 
        following:
                    ``(A) <<NOTE: Grants.>>  In general.--The Secretary 
                shall provide grants to eligible entities to deploy, 
                install, and operate advanced transportation 
                technologies to improve safety, mobility, efficiency, 
                system performance, intermodal connectivity, and 
                infrastructure return on investment.'';
            (3) in subparagraph (B)--
                    (A) in clause (i), by striking ``the enhanced use'' 
                and inserting ``optimization'';
                    (B) in clause (v)--
                          (i) by striking ``transit,'' and inserting 
                      ``work zone, weather, transit, paratransit,''; and
                          (ii) by striking ``and accessible 
                      transportation'' and inserting ``, accessible, and 
                      integrated transportation and transportation 
                      services'';
                    (C) by redesignating clauses (i) through (viii) as 
                clauses (iii), (iv), (v), (vi), (vii), (ix), (x), and 
                (xi), respectively;
                    (D) by inserting before clause (iii) (as so 
                redesignated) the following:
                          ``(i) improve the mobility of people and 
                      goods;
                          ``(ii) improve the durability and extend the 
                      life of transportation infrastructure;'';
                    (E) in clause (iv) (as so redesignated), by striking 
                ``deliver'' and inserting ``protect the environment and 
                deliver'';
                    (F) by inserting after clause (vii) (as so 
                redesignated) the following:
                          ``(viii) facilitate account-based payments for 
                      transportation access and services and integrate 
                      payment systems across modes;'';
                    (G) in clause (x) (as so redesignated), by striking 
                ``or'' at the end;
                    (H) in clause (xi) (as so redesignated)--
                          (i) by inserting ``vehicle-to-pedestrian,'' 
                      after ``vehicle-to-infrastructure,''; and
                          (ii) by striking the period at the end and 
                      inserting ``; or''; and
                    (I) by adding at the end the following:
                          ``(xii) incentivize travelers--

[[Page 135 STAT. 636]]

                                    ``(I) to share trips during periods 
                                in which travel demand exceeds system 
                                capacity; or
                                    ``(II) to shift trips to periods in 
                                which travel demand does not exceed 
                                system capacity.'';
            (4) in subparagraph (C)--
                    (A) in clause (i), by striking ``Not later'' and all 
                that follows through ``thereafter'' and inserting ``Each 
                fiscal year for which funding is made available for 
                activities under this paragraph''; and
                    (B) in clause (ii)--
                          (i) in subclause (I), by inserting 
                      ``mobility,'' after ``safety,''; and
                          (ii) in subclause (II)--
                                    (I) in item (bb), by striking 
                                ``and'' at the end;
                                    (II) in item (cc), by striking the 
                                period at the end and inserting ``; 
                                and''; and
                                    (III) by adding at the end the 
                                following:
                                            ``(dd) facilitating payment 
                                        for transportation services.'';
            (5) in subparagraph (D)--
                    (A) in clause (i), by striking ``Not later'' and all 
                that follows through ``thereafter'' and inserting ``Each 
                fiscal year for which funding is made available for 
                activities under this paragraph''; and
                    (B) in clause (ii)--
                          (i) by striking ``In awarding'' and inserting 
                      the following:
                                    ``(I) In general.--Subject to 
                                subclause (II), in awarding''; and
                          (ii) by adding at the end the following:
                                    ``(II) Rural set-aside.--Not less 
                                than 20 percent of the amounts made 
                                available to carry out this paragraph 
                                shall be reserved for projects serving 
                                rural areas.'';
            (6) in subparagraph (E)--
                    (A) by redesignating clauses (iii) through (ix) as 
                clauses (iv), (v), (vi), (vii), (viii), (xi), and (xiv), 
                respectively;
                    (B) by inserting after clause (ii) the following:
                          ``(iii) advanced transportation technologies 
                      to improve emergency evacuation and response by 
                      Federal, State, and local authorities;'';
                    (C) by inserting after clause (viii) (as so 
                redesignated) the following:
                          ``(ix) integrated corridor management systems;
                          ``(x) advanced parking reservation or variable 
                      pricing systems;'';
                    (D) in clause (xi) (as so redesignated)--
                          (i) by inserting ``, toll collection,'' after 
                      ``pricing''; and
                          (ii) by striking ``or'' at the end;
                    (E) by inserting after clause (xi) (as so 
                redesignated) the following:
                          ``(xii) technology that enhances high 
                      occupancy vehicle toll lanes, cordon pricing, or 
                      congestion pricing;
                          ``(xiii) integration of transportation service 
                      payment systems;'';
                    (F) in clause (xiv) (as so redesignated)--

[[Page 135 STAT. 637]]

                          (i) by striking ``and access'' and inserting 
                      ``, access, and on-demand transportation 
                      service'';
                          (ii) by inserting ``and other shared-use 
                      mobility applications'' after ``ridesharing''; and
                          (iii) by striking the period at the end and 
                      inserting a semicolon; and
                    (G) by adding at the end the following:
                          ``(xv) retrofitting dedicated short-range 
                      communications (DSRC) technology deployed as part 
                      of an existing pilot program to cellular vehicle-
                      to-everything (C-V2X) technology, subject to the 
                      condition that the retrofitted technology operates 
                      only within the existing spectrum allocations for 
                      connected vehicle systems; or
                          ``(xvi) advanced transportation technologies, 
                      in accordance with the research areas described in 
                      section 6503 of title 49.'';
            (7) in subparagraph (F)(ii)(IV), by striking ``efficiency 
        and multimodal system performance'' and inserting ``mobility, 
        efficiency, multimodal system performance, and payment system 
        performance'';
            (8) in subparagraph (G)--
                    (A) by redesignating clauses (vi) through (viii) as 
                clauses (vii) through (ix), respectively; and
                    (B) by inserting after clause (v) the following:
                          ``(vi) improved integration of payment 
                      systems;'';
            (9) in subparagraph (I)(i), by striking ``fiscal years 2016 
        through 2020'' and inserting ``fiscal years 2022 through 2026'';
            (10) in subparagraph (J), by striking ``50'' and inserting 
        ``80''; and
            (11) in subparagraph (N)--
                    (A) in the matter preceding clause (i), by striking 
                ``, the following definitions apply'';
                    (B) in clause (i), by striking ``representing a 
                population of over 200,000''; and
                    (C) in clause (iii), in the matter preceding 
                subclause (I), by striking ``a any'' and inserting 
                ``any''.

    (c) Center of Excellence on New Mobility and Automated Vehicles.--
Section 503(c) of title 23, United States Code (as amended by subsection 
(a)(3)(D)), is amended by adding at the end the following:
            ``(6) Center of excellence.--
                    ``(A) Definitions.--In this paragraph:
                          ``(i) Highly automated vehicle.--The term 
                      `highly automated vehicle' means a motor vehicle 
                      that--
                                    ``(I) has a taxable gross weight (as 
                                defined in section 41.4482(b)-1 of title 
                                26, Code of Federal Regulations (or 
                                successor regulations)) of 10,000 pounds 
                                or less; and
                                    ``(II) is equipped with a Level 3, 
                                Level 4, or Level 5 automated driving 
                                system (as defined in the SAE 
                                International Recommended Practice 
                                numbered J3016 and dated June 15, 2018 
                                (or a subsequent standard adopted by the 
                                Secretary)).
                          ``(ii) New mobility.--The term `new mobility' 
                      includes shared services such as--
                                    ``(I) docked and dockless bicycles;

[[Page 135 STAT. 638]]

                                    ``(II) docked and dockless electric 
                                scooters; and
                                    ``(III) transportation network 
                                companies.
                    ``(B) <<NOTE: Deadline.>> Establishment.--Not later 
                than 1 year after the date of enactment of the Surface 
                Transportation Reauthorization Act of 2021, the 
                Secretary shall establish a Center of Excellence to 
                collect, conduct, and fund research on the impacts of 
                new mobility and highly automated vehicles on land use, 
                urban design, transportation, real estate, equity, and 
                municipal budgets.
                    ``(C) Report.--Not later than 1 year after the date 
                on which the Center of Excellence is established, the 
                Secretary shall submit a report that describes the 
                results of the research regarding the impacts of new 
                mobility and highly automated vehicles to the Committees 
                on Environment and Public Works and Commerce, Science, 
                and Transportation of the Senate and the Committees on 
                Transportation and Infrastructure and Energy and 
                Commerce of the House of Representatives.
                    ``(D) Partnerships.--In establishing the Center of 
                Excellence under subparagraph (B), the Secretary shall 
                enter into appropriate partnerships with any institution 
                of higher education (as defined in section 101 of the 
                Higher Education Act of 1965 (20 U.S.C. 1001)) or public 
                or private research entity.''.

    (d) <<NOTE: Reports.>>  Accelerated Implementation and Deployment of 
Advanced Digital Construction Management Systems.--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 that includes--
            (1) a description of--
                    (A) the current status of the use of advanced 
                digital construction management systems in each State; 
                and
                    (B) the progress of each State toward accelerating 
                the adoption of advanced digital construction management 
                systems; and
            (2) <<NOTE: Analysis.>>  an analysis of the savings in 
        project delivery time and project costs that can be achieved 
        through the use of advanced digital construction management 
        systems.

    (e) <<NOTE: 23 USC 503 note.>>  Open Challenge and Research Proposal 
Pilot Program.--
            (1) In general.--The Secretary shall establish an open 
        challenge and research proposal pilot program under which 
        eligible entities may propose open highway challenges and 
        research proposals that are linked to identified or potential 
        research needs.
            (2) Requirements.--A research proposal submitted to the 
        Secretary by an eligible entity shall address--
                    (A) a research need identified by the Secretary or 
                the Administrator of the Federal Highway Administration; 
                or
                    (B) an issue or challenge that the Secretary 
                determines to be important.
            (3) Eligible entities.--An entity eligible to submit a 
        research proposal under the pilot program under paragraph (1) 
        is--
                    (A) a State;

[[Page 135 STAT. 639]]

                    (B) a unit of local government;
                    (C) a university transportation center under section 
                5505 of title 49, United States Code;
                    (D) a private nonprofit organization;
                    (E) a private sector organization working in 
                collaboration with an entity described in subparagraphs 
                (A) through (D); and
                    (F) any other individual or entity that the 
                Secretary determines to be appropriate.
            (4) Project review.--The Secretary shall--
                    (A) review each research proposal submitted under 
                the pilot program under paragraph (1); and
                    (B) <<NOTE: Notice.>>  provide to the eligible 
                entity a written notice that--
                          (i) if the research proposal is not selected--
                                    (I) notifies the eligible entity 
                                that the research proposal has not been 
                                selected for funding;
                                    (II) provides an explanation as to 
                                why the research proposal was not 
                                selected, including if the research 
                                proposal does not cover an area of need; 
                                and
                                    (III) <<NOTE: Recommenda- tions.>>  
                                if applicable, recommend that the 
                                research proposal be submitted to 
                                another research program and provide 
                                guidance and direction to the eligible 
                                entity and the proposed research program 
                                office; and
                          (ii) <<NOTE: Notification.>> if the research 
                      proposal is selected, notifies the eligible entity 
                      that the research proposal has been selected for 
                      funding.
            (5) Federal share.--
                    (A) In general.--The Federal share of the cost of an 
                activity carried out under this subsection shall not 
                exceed 80 percent.
                    (B) Non-federal share.--All costs directly incurred 
                by the non-Federal partners, including personnel, 
                travel, facility, and hardware development costs, shall 
                be credited toward the non-Federal share of the cost of 
                an activity carried out under this subsection.

    (f) Conforming Amendment.--Section 167 of title 23, United States 
Code, is amended--
            (1) by striking subsection (h); and
            (2) by redesignating subsections (i) through (l) as 
        subsections (h) through (k), respectively.
SEC. 13007. WORKFORCE DEVELOPMENT, TRAINING, AND EDUCATION.

    (a) Surface Transportation Workforce Development, Training, and 
Education.--Section 504(e) of title 23, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by redesignating subparagraphs (D) through (G) 
                as subparagraphs (E), (F), (H), and (I), respectively;
                    (B) by inserting after subparagraph (C) the 
                following:
                    ``(D) pre-apprenticeships, apprenticeships, and 
                career opportunities for on-the-job training;'';
                    (C) in subparagraph (E) (as so redesignated), by 
                striking ``or community college'' and inserting ``, 
                college, community college, or vocational school''; and

[[Page 135 STAT. 640]]

                    (D) by inserting after subparagraph (F) (as so 
                redesignated) the following:
                    ``(G) activities associated with workforce training 
                and employment services, such as targeted outreach and 
                partnerships with industry, economic development 
                organizations, workforce development boards, and labor 
                organizations;'';
            (2) in paragraph (2), by striking ``paragraph (1)(G)'' and 
        inserting ``paragraph (1)(I)''; and
            (3) in paragraph (3)--
                    (A) by striking the period at the end and inserting 
                a semicolon;
                    (B) by striking ``including activities'' and 
                inserting the following: ``including--
                    ``(A) activities''; and
                    (C) by adding at the end the following:
                    ``(B) activities that address current workforce 
                gaps, such as work on construction projects, of State 
                and local transportation agencies;
                    ``(C) activities to develop a robust surface 
                transportation workforce with new skills resulting from 
                emerging transportation technologies; and
                    ``(D) activities to attract new sources of job-
                creating investment.''.

    (b) Transportation Education and Training Development and Deployment 
Program.--Section 504(f) of title 23, United States Code, is amended--
            (1) in the subsection heading, by striking ``Development'' 
        and inserting ``and Training Development and Deployment'';
            (2) by striking paragraph (1) and inserting the following:
            ``(1) <<NOTE: Grants.>>  Establishment.--The Secretary shall 
        establish a program to make grants to educational institutions 
        or State departments of transportation, in partnership with 
        industry and relevant Federal departments and agencies--
                    ``(A) to develop, test, and review new curricula and 
                education programs to train individuals at all levels of 
                the transportation workforce; or
                    ``(B) to implement the new curricula and education 
                programs to provide for hands-on career opportunities to 
                meet current and future needs.'';
            (3) in paragraph (2)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``shall'' and inserting ``may'';
                    (B) in subparagraph (A), by inserting ``current or 
                future'' after ``specific''; and
                    (C) in subparagraph (E)--
                          (i) by striking ``in nontraditional 
                      departments'';
                          (ii) by inserting ``construction,'' after 
                      ``such as''; and
                          (iii) by inserting ``or emerging'' after 
                      ``industrial'';
            (4) by redesignating paragraph (3) as paragraph (4); and
            (5) by inserting after paragraph (2) the following:
            ``(3) Reporting.--The Secretary shall establish minimum 
        reporting requirements for grant recipients under this 
        subsection, which may include, with respect to a program carried 
        out with a grant under this subsection--

[[Page 135 STAT. 641]]

                    ``(A) the percentage or number of program 
                participants that are employed during the second quarter 
                after exiting the program;
                    ``(B) the percentage or number of program 
                participants that are employed during the fourth quarter 
                after exiting the program;
                    ``(C) the median earnings of program participants 
                that are employed during the second quarter after 
                exiting the program;
                    ``(D) the percentage or number of program 
                participants that obtain a recognized postsecondary 
                credential or a secondary school diploma (or a 
                recognized equivalent) during participation in the 
                program or by not later than 1 year after exiting the 
                program; and
                    ``(E) the percentage or number of program 
                participants that, during a program year--
                          ``(i) are in an education or training program 
                      that leads to a recognized postsecondary 
                      credential or employment; and
                          ``(ii) are achieving measurable skill gains 
                      toward such a credential or employment.''.

    (c) Use of Funds.--Section 504 of title 23, United States Code, is 
amended by adding at the end the following:
    ``(i) Use of Funds.--The Secretary may use funds made available to 
carry out this section to carry out activities related to workforce 
development and technical assistance and training if--
            ``(1) the activities are authorized by another provision of 
        this title; and
            ``(2) the activities are for entities other than employees 
        of the Secretary, such as States, units of local government, 
        Federal land management agencies, and Tribal governments.''.
SEC. 13008. WILDLIFE-VEHICLE COLLISION RESEARCH.

    (a) General Authorities and Requirements Regarding Wildlife and 
Habitat.--Section 515(h)(2) of title 23, United States Code, is 
amended--
            (1) in subparagraph (K), by striking ``and'' at the end;
            (2) by redesignating subparagraphs (D), (E), (F), (G), (H), 
        (I), (J), (K), and (L) as subparagraphs (E), (F), (G), (H), (I), 
        (K), (L), (M), and (O), respectively;
            (3) by inserting after subparagraph (C) the following:
                    ``(D) a representative from a State, local, or 
                regional wildlife, land use, or resource management 
                agency;'';
            (4) by inserting after subparagraph (I) (as so redesignated) 
        the following:
                    ``(J) an academic researcher who is a biological or 
                ecological scientist with expertise in transportation 
                issues;''; and
            (5) by inserting after subparagraph (M) (as so redesignated) 
        the following:
                    ``(N) a representative from a public interest group 
                concerned with the impact of the transportation system 
                on terrestrial and aquatic species and the habitat of 
                those species; and''.

    (b) Animal Detection Systems Research and Development.--Section 
516(b)(6) of title 23, United States Code, is amended

[[Page 135 STAT. 642]]

by inserting ``, including animal detection systems to reduce the number 
of wildlife-vehicle collisions'' after ``systems''.
SEC. 13009. TRANSPORTATION RESILIENCE AND ADAPTATION CENTERS OF 
                            EXCELLENCE.

    (a) In General.--Chapter 5 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 520. <<NOTE: 23 USC 520.>>  Transportation Resilience and 
                Adaptation Centers of Excellence

    ``(a) Definition of Center of Excellence.--In this section, the term 
`Center of Excellence' means a Center of Excellence for Resilience and 
Adaptation designated under subsection (b).
    ``(b) <<NOTE: Grants.>>  Designation.--The Secretary shall designate 
10 regional Centers of Excellence for Resilience and Adaptation and 1 
national Center of Excellence for Resilience and Adaptation, which shall 
serve as a coordinator for the regional Centers, to receive grants to 
advance research and development that improves the resilience of regions 
of the United States to natural disasters and extreme weather by 
promoting the resilience of surface transportation infrastructure and 
infrastructure dependent on surface transportation.

    ``(c) Eligibility.--An entity eligible to be designated as a Center 
of Excellence is--
            ``(1) an institution of higher education (as defined in 
        section 102 of the Higher Education Act of 1965 (20 U.S.C. 
        1002)); or
            ``(2) a consortium of nonprofit organizations led by an 
        institution of higher education.

    ``(d) <<NOTE: Proposal.>> Application.--To be eligible to be 
designated as a Center of Excellence, an eligible entity shall submit to 
the Secretary an application at such time, in such manner, and 
containing such information as the Secretary may require, including a 
proposal that includes a description of the activities to be carried out 
with a grant under this section.

    ``(e) Selection.--
            ``(1) Regional centers of excellence.--The Secretary shall 
        designate 1 regional Center of Excellence in each of the 10 
        Federal regions that comprise the Standard Federal Regions 
        established by the Office of Management and Budget in the 
        document entitled `Standard Federal Regions' and dated April 
        1974 (circular A-105).
            ``(2) National center of excellence.--The Secretary shall 
        designate 1 national Center of Excellence to coordinate the 
        activities of all 10 regional Centers of Excellence to minimize 
        duplication and promote coordination and dissemination of 
        research among the Centers.
            ``(3) Criteria.--In selecting eligible entities to designate 
        as a Center of Excellence, the Secretary shall consider--
                    ``(A) the past experience and performance of the 
                eligible entity in carrying out activities described in 
                subsection (g);
                    ``(B) the merits of the proposal of an eligible 
                entity and the extent to which the proposal would--
                          ``(i) advance the state of practice in 
                      resilience planning and identify innovative 
                      resilience solutions for transportation assets and 
                      systems;

[[Page 135 STAT. 643]]

                          ``(ii) support activities carried out under 
                      the PROTECT program under section 176;
                          ``(iii) support and build on work being 
                      carried out by another Federal agency relating to 
                      resilience;
                          ``(iv) inform transportation decisionmaking at 
                      all levels of government;
                          ``(v) engage local, regional, Tribal, State, 
                      and national stakeholders, including, if 
                      applicable, stakeholders representing 
                      transportation, transit, urban, and land use 
                      planning, natural resources, environmental 
                      protection, hazard mitigation, and emergency 
                      management; and
                          ``(vi) engage community groups and other 
                      stakeholders that will be affected by 
                      transportation decisions, including underserved, 
                      economically disadvantaged, rural, and 
                      predominantly minority communities; and
                    ``(C) the local, regional, Tribal, State, and 
                national impacts of the proposal of the eligible entity.

    ``(f) <<NOTE: Time period.>>  Grants.--Subject to the availability 
of appropriations, the Secretary shall provide to each Center of 
Excellence a grant of not less than $5,000,000 for each of fiscal years 
2022 through 2031 to carry out the activities described in subsection 
(g).

    ``(g) Activities.--In carrying out this section, the Secretary shall 
ensure that a Center of Excellence uses the funds from a grant under 
subsection (f) to promote resilient transportation infrastructure, 
including through--
            ``(1) supporting climate vulnerability assessments informed 
        by climate change science, including national climate 
        assessments produced by the United States Global Change Research 
        Program under section 106 of the Global Change Research Act of 
        1990 (15 U.S.C. 2936), relevant feasibility analyses of 
        resilient transportation improvements, and transportation 
        resilience planning;
            ``(2) development of new design, operations, and maintenance 
        standards for transportation infrastructure that can inform 
        Federal and State decisionmaking;
            ``(3) research and development of new materials and 
        technologies that could be integrated into existing and new 
        transportation infrastructure;
            ``(4) development, refinement, and piloting of new and 
        emerging resilience improvements and strategies, including 
        natural infrastructure approaches and relocation;
            ``(5) development of and investment in new approaches for 
        facilitating meaningful engagement in transportation 
        decisionmaking by local, Tribal, regional, or national 
        stakeholders and communities;
            ``(6) technical capacity building to facilitate the ability 
        of local, regional, Tribal, State, and national stakeholders--
                    ``(A) <<NOTE: Assessment.>> to assess the 
                vulnerability of transportation infrastructure assets 
                and systems;
                    ``(B) to develop community response strategies;
                    ``(C) to meaningfully engage with community 
                stakeholders; and
                    ``(D) <<NOTE: Strategies.>> to develop strategies 
                and improvements for enhancing transportation 
                infrastructure resilience under

[[Page 135 STAT. 644]]

                current conditions and a range of potential future 
                conditions;
            ``(7) workforce development and training;
            ``(8) <<NOTE: Assessments.>> development and dissemination 
        of data, tools, techniques, assessments, and information that 
        informs Federal, State, Tribal, and local government 
        decisionmaking, policies, planning, and investments;
            ``(9) education and outreach regarding transportation 
        infrastructure resilience; and
            ``(10) technology transfer and commercialization.

    ``(h) Federal Share.--The Federal share of the cost of an activity 
under this section, including the costs of establishing and operating a 
Center of Excellence, shall be 50 percent.''.
    (b) Clerical Amendment.--The analysis for chapter 5 of title 23, 
United States Code, <<NOTE: 23 USC 501 prec.>>  is amended by adding at 
the end the following:

``520. Transportation Resilience and Adaptation Centers of 
           Excellence.''.

SEC. 13010. <<NOTE: 23 USC 134 note.>>  TRANSPORTATION ACCESS 
                            PILOT PROGRAM.

    (a) Definitions.--In this section:
            (1) Metropolitan planning organization.--The term 
        ``metropolitan planning organization'' has the meaning given the 
        term in section 134(b) of title 23, United States Code.
            (2) State.--The term ``State'' has the meaning given the 
        term in section 101(a) of title 23, United States Code.
            (3) Surface transportation modes.--The term ``surface 
        transportation modes'' means--
                    (A) driving;
                    (B) public transportation;
                    (C) walking;
                    (D) cycling; and
                    (E) a combination of any of the modes of 
                transportation described in subparagraphs (A) through 
                (D).
            (4) Pilot program.--The term ``pilot program'' means the 
        transportation pilot program established under subsection (b).
            (5) Regional transportation planning organization.--The term 
        ``regional transportation planning organization'' has the 
        meaning given the term in section 134(b) of title 23, United 
        States Code.

    (b) <<NOTE: Deadline.>>  Establishment.--Not later than 1 year after 
the date of enactment of this Act, the Secretary shall establish a 
transportation pilot program.

    (c) <<NOTE: Contracts. Data.>> Purpose.--The purpose of the pilot 
program is to develop or procure an accessibility data set and make that 
data set available to each eligible entity selected to participate in 
the pilot program--
            (1) to improve the transportation planning of those eligible 
        entities by--
                    (A) measuring the level of access by surface 
                transportation modes to important destinations, which 
                may include--
                          (i) jobs;
                          (ii) health care facilities;
                          (iii) child care services;
                          (iv) educational and workforce training 
                      facilities;
                          (v) housing;
                          (vi) food sources;

[[Page 135 STAT. 645]]

                          (vii) points within the supply chain for 
                      freight commodities;
                          (viii) domestic or international markets; and
                          (ix) connections between surface 
                      transportation modes; and
                    (B) disaggregating the level of access by surface 
                transportation modes by a variety of--
                          (i) population categories, which may include--
                                    (I) low-income populations;
                                    (II) minority populations;
                                    (III) age;
                                    (IV) disability; and
                                    (V) geographical location; or
                          (ii) freight commodities, which may include--
                                    (I) agricultural commodities;
                                    (II) raw materials;
                                    (III) finished products; and
                                    (IV) energy commodities; and
            (2) to assess the change in accessibility that would result 
        from new transportation investments.

    (d) Eligible Entities.--An entity eligible to participate in the 
pilot program is--
            (1) a State;
            (2) a metropolitan planning organization; or
            (3) a regional transportation planning organization.

    (e) Application.--To be eligible to participate in the pilot 
program, an eligible entity shall submit to the Secretary an application 
at such time, in such manner, and containing such information as the 
Secretary may require, including information relating to--
            (1) previous experience of the eligible entity measuring 
        transportation access or other performance management 
        experience, if applicable;
            (2) the types of important destinations to which the 
        eligible entity intends to measure access;
            (3) the types of data disaggregation the eligible entity 
        intends to pursue;
            (4) a general description of the methodology the eligible 
        entity intends to apply; and
            (5) if the applicant does not intend the pilot program to 
        apply to the full area under the jurisdiction of the applicant, 
        a description of the geographic area in which the applicant 
        intends the pilot program to apply.

    (f) Selection.--
            (1) In general.--The Secretary shall seek to achieve 
        diversity of participants in the pilot program by selecting a 
        range of eligible entities that shall include--
                    (A) States;
                    (B) metropolitan planning organizations that serve 
                an area with a population of 200,000 people or fewer;
                    (C) metropolitan planning organizations that serve 
                an area with a population of over 200,000 people; and
                    (D) regional transportation planning organizations.
            (2) Inclusions.--The Secretary shall seek to ensure that, 
        among the eligible entities selected under paragraph (1), there 
        is--
                    (A) a range of capacity and previous experience with 
                measuring transportation access; and

[[Page 135 STAT. 646]]

                    (B) a variety of proposed methodologies and focus 
                areas for measuring level of access.

    (g) Duties.--For each eligible entity participating in the pilot 
program, the Secretary shall--
            (1) develop or acquire an accessibility data set described 
        in subsection (c); and
            (2) submit the data set to the eligible entity.

    (h) Methodology.--In calculating the measures for the data set under 
the pilot program, the Secretary shall ensure that methodology is open 
source.
    (i) Availability.--The Secretary shall make an accessibility data 
set under the pilot program available to--
            (1) units of local government within the jurisdiction of the 
        eligible entity participating in the pilot program; and
            (2) researchers.

    (j) Report.--Not later than 2 years after the date of enactment of 
this Act, and every 2 years thereafter, the Secretary shall submit to 
the Committee on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a report on the results of the pilot program, including 
the feasibility of developing and providing periodic accessibility data 
sets for all States, regions, and localities.
    (k) Transportation System Access.--
            (1) In general.--The Secretary shall establish consistent 
        measures that States, metropolitan planning organizations, and 
        regional transportation planning organizations may choose to 
        adopt to assess the level of safe and convenient access by 
        surface transportation modes to important destinations as 
        described in subsection (c)(1)(A).
            (2) Savings provision.--Nothing in this section provides the 
        Secretary the authority--
                    (A) to establish a performance measure or require 
                States or metropolitan planning organizations to set a 
                performance target for access as described in paragraph 
                (1); or
                    (B) to establish any other Federal requirement.

    (l) Funding.--The Secretary shall carry out the pilot program using 
amounts made available to the Secretary for administrative expenses to 
carry out programs under the authority of the Secretary.
    (m) Sunset.--The pilot program shall terminate on the date that is 8 
years after the date on which the pilot program is implemented.

                        TITLE IV--INDIAN AFFAIRS

SEC. 14001. <<NOTE: 23 USC 202 note.>>  DEFINITION OF SECRETARY.

    In this title, the term ``Secretary'' means the Secretary of the 
Interior.
SEC. 14002. <<NOTE: 23 USC 202 note.>>  ENVIRONMENTAL REVIEWS FOR 
                            CERTAIN TRIBAL TRANSPORTATION 
                            FACILITIES.

    (a) Definition of Tribal Transportation Safety Project.--
            (1) In general.--In this section, the term ``tribal 
        transportation safety project'' means a project described in 
        paragraph (2) that is eligible for funding under section 202 of 
        title 23, United States Code.

[[Page 135 STAT. 647]]

            (2) Project described.--A project described in this 
        paragraph is a project that corrects or improves a hazardous 
        road location or feature or addresses a highway safety problem 
        through 1 or more of the activities described in any of the 
        clauses under section 148(a)(4)(B) of title 23, United States 
        Code.

    (b) Reviews of Tribal Transportation Safety Projects.--
            (1) In general.--The Secretary or the Secretary of 
        Transportation, as applicable, or the head of another Federal 
        agency responsible for a decision related to a tribal 
        transportation safety project shall complete any approval or 
        decision for the review of the tribal transportation safety 
        project required under the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.) or any other applicable Federal 
        law on an expeditious basis using the shortest existing 
        applicable process.
            (2) <<NOTE: Deadline.>>  Review of applications.--Not later 
        than 45 days after the date of receipt of a complete application 
        by an Indian tribe for approval of a tribal transportation 
        safety project, the Secretary or the Secretary of 
        Transportation, as applicable, shall--
                    (A) take final action on the application; or
                    (B) <<NOTE: Schedule.>> provide the Indian tribe a 
                schedule for completion of the review described in 
                paragraph (1), including the identification of any other 
                Federal agency that has jurisdiction with respect to the 
                project.
            (3) <<NOTE: Deadline.>> Decisions under other federal 
        laws.--In any case in which a decision under any other Federal 
        law relating to a tribal transportation safety project 
        (including the issuance or denial of a permit or license) is 
        required, not later than 45 days after the Secretary or the 
        Secretary of Transportation, as applicable, has made all 
        decisions of the lead agency under the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the 
        project, the head of the Federal agency responsible for the 
        decision shall--
                    (A) make the applicable decision; or
                    (B) <<NOTE: Schedule.>>  provide the Indian tribe a 
                schedule for making the decision.
            (4) <<NOTE: Time period. Notice.>> Extensions.--The 
        Secretary or the Secretary of Transportation, as applicable, or 
        the head of the Federal agency may extend the period under 
        paragraph (2) or (3), as applicable, by an additional 30 days by 
        providing the Indian tribe notice of the extension, including a 
        statement of the need for the extension.
            (5) Notification and explanation.--In any case in which a 
        required action is not completed by the deadline under paragraph 
        (2), (3), or (4), as applicable, the Secretary, the Secretary of 
        Transportation, or the head of a Federal agency, as applicable, 
        shall--
                    (A) notify the Committees on Indian Affairs and 
                Environment and Public Works of the Senate and the 
                Committee on Natural Resources of the House of 
                Representatives of the failure to comply with the 
                deadline; and
                    (B) provide to the Committees described in 
                subparagraph (A) a detailed explanation of the reasons 
                for the failure to comply with the deadline.

[[Page 135 STAT. 648]]

SEC. 14003. <<NOTE: Contracts. 23 USC 202 note.>>  PROGRAMMATIC 
                            AGREEMENTS FOR TRIBAL CATEGORICAL 
                            EXCLUSIONS.

    (a) <<NOTE: Procedures. Reviews.>> In General.--The Secretary and 
the Secretary of Transportation shall enter into programmatic agreements 
with Indian tribes that establish efficient administrative procedures 
for carrying out environmental reviews for projects eligible for 
assistance under section 202 of title 23, United States Code.

    (b) Inclusions.--A programmatic agreement under subsection (a)--
            (1) <<NOTE: Determination.>>  may include an agreement that 
        allows an Indian tribe to determine, on behalf of the Secretary 
        and the Secretary of Transportation, 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.); and
            (2) shall--
                    (A) <<NOTE: Requirements.>>  require that the Indian 
                tribe maintain adequate capability in terms of personnel 
                and other resources to carry out applicable agency 
                responsibilities pursuant to section 1507.2 of title 40, 
                Code of Federal Regulations (or successor regulations);
                    (B) <<NOTE: Determinations.>> set forth the 
                responsibilities of the Indian tribe for making 
                categorical exclusion determinations, documenting the 
                determinations, and achieving acceptable quality control 
                and quality assurance;
                    (C) allow--
                          (i) the Secretary and the Secretary of 
                      Transportation to monitor compliance of the Indian 
                      tribe with the terms of the agreement; and
                          (ii) the Indian tribe to execute any needed 
                      corrective action;
                    (D) contain stipulations for amendments, 
                termination, and public availability of the agreement 
                once the agreement has been executed; and
                    (E) <<NOTE: Time period. Review.>> have a term of 
                not more than 5 years, with an option for renewal based 
                on a review by the Secretary and the Secretary of 
                Transportation of the performance of the Indian tribe.
SEC. 14004. USE OF CERTAIN TRIBAL TRANSPORTATION FUNDS.

    Section 202(d) of title 23, United States Code, is amended by 
striking paragraph (2) and inserting the following:
            ``(2) Use of funds.--Funds made available to carry out this 
        subsection shall be used--
                    ``(A) to carry out any planning, design, 
                engineering, preconstruction, construction, and 
                inspection of new or replacement tribal transportation 
                facility bridges;
                    ``(B) to replace, rehabilitate, seismically 
                retrofit, paint, apply calcium magnesium acetate, sodium 
                acetate/formate, or other environmentally acceptable, 
                minimally corrosive anti-icing and deicing composition; 
                or
                    ``(C) to implement any countermeasure for tribal 
                transportation facility bridges classified as in poor 
                condition, having a low load capacity, or needing 
                geometric improvements, including multiple-pipe 
                culverts.''.

[[Page 135 STAT. 649]]

SEC. 14005. BUREAU OF INDIAN AFFAIRS ROAD MAINTENANCE PROGRAM.

    There are authorized to be appropriated to the Director of the 
Bureau of Indian Affairs to carry out the road maintenance program of 
the Bureau--
            (1) $50,000,000 for fiscal year 2022;
            (2) $52,000,000 for fiscal year 2023;
            (3) $54,000,000 for fiscal year 2024;
            (4) $56,000,000 for fiscal year 2025; and
            (5) $58,000,000 for fiscal year 2026.
SEC. 14006. <<NOTE: 23 USC 202 note.>>  STUDY OF ROAD MAINTENANCE 
                            ON INDIAN LAND.

    (a) Definitions.--In this section:
            (1) Indian land.--The term ``Indian land'' has the meaning 
        given the term ``Indian lands'' in section 3 of the Native 
        American Business Development, Trade Promotion, and Tourism Act 
        of 2000 (25 U.S.C. 4302).
            (2) Indian tribe.--The term ``Indian tribe'' has the meaning 
        given the term in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 5304).
            (3) Road.--The term ``road'' means a road managed in whole 
        or in part by the Bureau of Indian Affairs.
            (4) Secretary.--The term ``Secretary'' means the Secretary, 
        acting through the Assistant Secretary for Indian Affairs.

    (b) <<NOTE: Deadline. Consultation. Evaluation.>>  Study.--Not later 
than 2 years after the date of enactment of this Act, the Secretary, in 
consultation with the Secretary of Transportation, shall carry out a 
study to evaluate--
            (1) the long-term viability and useful life of existing 
        roads on Indian land;
            (2) any steps necessary to achieve the goal of addressing 
        the deferred maintenance backlog of existing roads on Indian 
        land;
            (3) programmatic reforms and performance enhancements 
        necessary to achieve the goal of restructuring and streamlining 
        road maintenance programs on existing or future roads located on 
        Indian land; and
            (4) <<NOTE: Recommenda- tions.>>  recommendations on how to 
        implement efforts to coordinate with States, counties, 
        municipalities, and other units of local government to maintain 
        roads on Indian land.

    (c) Tribal Consultation and Input.--Before beginning the study under 
subsection (b), the Secretary shall--
            (1) consult with any Indian tribes that have jurisdiction 
        over roads eligible for funding under the road maintenance 
        program of the Bureau of Indian Affairs; and
            (2) solicit and consider the input, comments, and 
        recommendations of the Indian tribes described in paragraph (1).

    (d) <<NOTE: Consultation.>> Report.--On completion of the study 
under subsection (b), the Secretary, in consultation with the Secretary 
of Transportation, shall submit to the Committees on Indian Affairs and 
Environment and Public Works of the Senate and the Committees on Natural 
Resources and Transportation and Infrastructure of the House of 
Representatives a report on the results and findings of the study.

    (e) <<NOTE: Consultation.>> Status Report.--Not later than 2 years 
after the date of enactment of this Act, and not less frequently than 
every 2 years thereafter, the Secretary, in consultation with the 
Secretary of Transportation, shall submit to the Committees on Indian 
Affairs

[[Page 135 STAT. 650]]

and Environment and Public Works of the Senate and the Committees on 
Natural Resources and Transportation and Infrastructure of the House of 
Representatives a report that includes a description of--
            (1) the progress made toward addressing the deferred 
        maintenance needs of the roads on Indian land, including a list 
        of projects funded during the fiscal period covered by the 
        report;
            (2) the outstanding needs of the roads that have been 
        provided funding to address the deferred maintenance needs;
            (3) the remaining needs of any of the projects referred to 
        in paragraph (1);
            (4) how the goals described in subsection (b) have been met, 
        including--
                    (A) <<NOTE: Assessment.>>  an identification and 
                assessment of any deficiencies or shortfalls in meeting 
                the goals; and
                    (B) <<NOTE: Plan.>>  a plan to address the 
                deficiencies or shortfalls in meeting the goals; and
            (5) <<NOTE: Recommenda- tions. Determination.>> any other 
        issues or recommendations provided by an Indian tribe under the 
        consultation and input process under subsection (c) that the 
        Secretary determines to be appropriate.
SEC. 14007. <<NOTE: Transfer authority. 23 USC 202 note.>>  
                            MAINTENANCE OF CERTAIN INDIAN 
                            RESERVATION ROADS.

    The Commissioner of U.S. Customs and Border Protection may transfer 
funds to the Director of the Bureau of Indian Affairs to maintain, 
repair, or reconstruct roads under the jurisdiction of the Director, 
subject to the condition that the Commissioner and the Director shall 
mutually agree that the primary user of the subject road is U.S. Customs 
and Border Protection.
SEC. 14008. TRIBAL TRANSPORTATION SAFETY NEEDS.

    (a) <<NOTE: 23 USC 202 note.>>  Definitions.--In this section:
            (1) Alaska native.--The term ``Alaska Native'' has the 
        meaning given the term ``Native'' in section 3 of the Alaska 
        Native Claims Settlement Act (43 U.S.C. 1602).
            (2) Alaska native village.--The term ``Alaska Native 
        village'' has the meaning given the term ``Native village'' in 
        section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 
        1602).
            (3) Indian tribe.--The term ``Indian tribe'' has the meaning 
        given the term in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 5304).

    (b) Best Practices, Standardized Crash Report Form.--
            (1) <<NOTE: Deadline. Consultation.>>  In general.--Not 
        later than 1 year after the date of enactment of this Act, the 
        Secretary of Transportation, in consultation with the Secretary, 
        Indian tribes, Alaska Native villages, and State departments of 
        transportation shall develop--
                    (A) best practices for the compiling, analysis, and 
                sharing of motor vehicle crash data for crashes 
                occurring on Indian reservations and in Alaska Native 
                communities; and
                    (B) a standardized form for use by Indian tribes and 
                Alaska Native communities to carry out those best 
                practices.
            (2) Purpose.--The purpose of the best practices and 
        standardized form developed under paragraph (1) shall be to 
        improve the quality and quantity of crash data available to

[[Page 135 STAT. 651]]

        and used by the Federal Highway Administration, State 
        departments of transportation, Indian tribes, and Alaska Native 
        villages.
            (3) Report.--On completion of the development of the best 
        practices and standardized form under paragraph (1), the 
        Secretary of Transportation shall submit to the Committees on 
        Indian Affairs and Environment and Public Works of the Senate 
        and the Committees on Natural Resources and Transportation and 
        Infrastructure of the House of Representatives a report 
        describing the best practices and standardized form.

    (c) <<NOTE: Requirements.>> Use of IMARS.--The Director of the 
Bureau of Indian Affairs shall require all law enforcement offices of 
the Bureau, for the purpose of reporting motor vehicle crash data for 
crashes occurring on Indian reservations and in Alaska Native 
communities--
            (1) to use the crash report form of the applicable State; 
        and
            (2) to upload the information on that form to the Incident 
        Management Analysis and Reporting System (IMARS) of the 
        Department of the Interior.

    (d) Tribal Transportation Program Safety Funding.--Section 202(e)(1) 
of title 23, United States Code, is amended by striking ``2 percent'' 
and inserting ``4 percent''.
SEC. 14009. OFFICE OF TRIBAL GOVERNMENT AFFAIRS.

    Section 102 of title 49, United States Code, is amended--
            (1) in subsection (e)(1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``6 Assistant'' and inserting ``7 Assistant'';
                    (B) in subparagraph (C), by striking ``and'' after 
                the semicolon;
                    (C) by redesignating subparagraph (D) as 
                subparagraph (E); and
                    (D) by inserting after subparagraph (C) the 
                following:
                    ``(D) an Assistant Secretary for Tribal Government 
                Affairs, who shall be appointed by the President; and''; 
                and
            (2) in subsection (f), by striking the subsection 
        designation and heading and all that follows through the end of 
        paragraph (1) and inserting the following:

    ``(f) Office of Tribal Government Affairs.--
            ``(1) Establishment.--There is established in the Department 
        an Office of Tribal Government Affairs, under the Assistant 
        Secretary for Tribal Government Affairs--
                    ``(A) to oversee the tribal self-governance program 
                under section 207 of title 23;
                    ``(B) to plan, coordinate, and implement policies 
                and programs serving Indian Tribes and Tribal 
                organizations;
                    ``(C) to coordinate Tribal transportation programs 
                and activities in all offices and administrations of the 
                Department; and
                    ``(D) to be a participant in any negotiated 
                rulemakings relating to, or having an impact on, 
                projects, programs, or funding associated with the 
                Tribal transportation program under section 202 of title 
                23.''.

[[Page 135 STAT. 652]]

     DIVISION B-- <<NOTE: Surface Transportation Investment Act of 
2021.>> SURFACE TRANSPORTATION INVESTMENT ACT OF 2021
SEC. 20001. <<NOTE: 49 USC 101 note.>>  SHORT TITLE.

    This division may be cited as the ``Surface Transportation 
Investment Act of 2021''.
SEC. 20002. <<NOTE: 49 USC 101 note.>>  DEFINITIONS.

    In this division:
            (1) Department.--The term ``Department'' means the 
        Department of Transportation.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.

             TITLE I--MULTIMODAL AND FREIGHT TRANSPORTATION

                  Subtitle A--Multimodal Freight Policy

SEC. 21101. OFFICE OF MULTIMODAL FREIGHT INFRASTRUCTURE AND 
                            POLICY.

    (a) In General.--Chapter 1 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 118. <<NOTE: 49 USC 118.>>  Office of Multimodal Freight 
                Infrastructure and Policy

    ``(a) Definitions.--In this section:
            ``(1) Department.--The term `Department' means the 
        Department of Transportation.
            ``(2) Freight office.--The term `Freight Office' means the 
        Office of Multimodal Freight Infrastructure and Policy 
        established under subsection (b).
            ``(3) Secretary.--The term `Secretary' means the Secretary 
        of Transportation.

    ``(b) Establishment.--The Secretary shall establish within the 
Department an Office of Multimodal Freight Infrastructure and Policy.
    ``(c) Purposes.--The purposes of the Freight Office shall be--
            ``(1) to carry out the national multimodal freight policy 
        described in section 70101;
            ``(2) to administer and oversee certain multimodal freight 
        grant programs within the Department in accordance with 
        subsection (d);
            ``(3) to promote and facilitate the sharing of information 
        between the private and public sectors with respect to freight 
        issues;
            ``(4) to conduct research on improving multimodal freight 
        mobility, and to oversee the freight research activities of the 
        various agencies within the Department;
            ``(5) to assist cities and States in developing freight 
        mobility and supply chain expertise;
            ``(6) to liaise and coordinate with other Federal 
        departments and agencies; and

[[Page 135 STAT. 653]]

            ``(7) to carry out other duties, as prescribed by the 
        Secretary.

    ``(d) Administration of Policies and Programs.--The Freight Office 
shall--
            ``(1) develop and manage--
                    ``(A) the national freight strategic plan described 
                in section 70102; and
                    ``(B) the National Multimodal Freight Network 
                established under section 70103;
            ``(2)(A) oversee the development and updating of the State 
        freight plans described in section 70202; and
            ``(B) provide guidance or best practices relating to the 
        development and updating of State freight plans under that 
        section;
            ``(3)(A) administer multimodal freight grant programs, 
        including multimodal freight grants established under section 
        117 of title 23; and
            ``(B) <<NOTE: Procedures.>>  establish procedures for 
        analyzing and evaluating applications for grants under those 
        programs;
            ``(4) assist States in the establishment of--
                    ``(A) State freight advisory committees under 
                section 70201; and
                    ``(B) multi-State freight mobility compacts under 
                section 70204; and
            ``(5) provide to the Bureau of Transportation Statistics 
        input regarding freight data and planning tools.

    ``(e) Assistant Secretary.--
            ``(1) In general.--The Freight Office shall be headed by an 
        Assistant Secretary for Multimodal Freight, who shall--
                    ``(A) <<NOTE: Appointment. President.>>  be 
                appointed by the President, by and with the advice and 
                consent of the Senate; and
                    ``(B) have professional standing and demonstrated 
                knowledge in the field of freight transportation.
            ``(2) Duties.--The Assistant Secretary shall--
                    ``(A) report to the Under Secretary of 
                Transportation for Policy;
                    ``(B) be responsible for the management and 
                oversight of the activities, decisions, operations, and 
                personnel of the Freight Office;
                    ``(C) work with the modal administrations of the 
                Department to encourage multimodal collaboration; and
                    ``(D) carry out such additional duties as the 
                Secretary may prescribe.

    ``(f) <<NOTE: Determinations.>>  Consolidation and Elimination of 
Duplicative Offices.--
            ``(1) Consolidation of offices and office functions.--The 
        Secretary may consolidate into the Freight Office any office or 
        office function within the Department that the Secretary 
        determines has duties, responsibilities, resources, or expertise 
        that support the purposes of the Freight Office.
            ``(2) Elimination of offices.--The Secretary may eliminate 
        any office within the Department if the Secretary determines 
        that--
                    ``(A) the purposes of the office are duplicative of 
                the purposes of the Freight Office;

[[Page 135 STAT. 654]]

                    ``(B) the office or the functions of the office have 
                been substantially consolidated with the Freight Office 
                pursuant to paragraph (1);
                    ``(C) the elimination of the office will not 
                adversely affect the requirements of the Secretary under 
                any Federal law; and
                    ``(D) the elimination of the office will improve the 
                efficiency and effectiveness of the programs and 
                functions conducted by the office.

    ``(g) Staffing and Budgetary Resources.--
            ``(1) In general.--The Secretary shall ensure that the 
        Freight Office is adequately staffed and funded.
            ``(2) Staffing.--
                    ``(A) <<NOTE: Determination.>>  Transfer of 
                positions to freight office.--Subject to subparagraph 
                (B), the Secretary may transfer to the Freight Office 
                any position within any other office of the Department 
                if the Secretary determines that the position is 
                necessary to carry out the purposes of the Freight 
                Office.
                    ``(B) <<NOTE: Coordination.>>  Requirement.--If the 
                Secretary transfers a position to the Freight Office 
                pursuant to subparagraph (A), the Secretary, in 
                coordination with the appropriate modal administration 
                of the Department, shall ensure that the transfer of the 
                position does not adversely affect the requirements of 
                the modal administration under any Federal law.
            ``(3) Budgetary resources.--
                    ``(A) Transfer of funds from consolidated or 
                eliminated offices.--
                          ``(i) In general.--To carry out the purposes 
                      of the Freight Office, the Secretary may transfer 
                      to the Freight Office from any office or office 
                      function that is consolidated or eliminated under 
                      subsection (f) any funds allocated for the 
                      consolidated or eliminated office or office 
                      function.
                          ``(ii) Retransfer.--Any portion of any funds 
                      or limitations of obligations transferred to the 
                      Freight Office pursuant to clause (i) may be 
                      transferred back to, and merged with, the original 
                      account.
                    ``(B) Transfer of funds allocated for administrative 
                costs.--
                          ``(i) In general.--The Secretary may transfer 
                      to the Freight Office any funds allocated for the 
                      administrative costs of the programs referred to 
                      in subsection (d)(3).
                          ``(ii) Retransfer.--Any portion of any funds 
                      or limitations of obligations transferred to the 
                      Freight Office pursuant to clause (i) may be 
                      transferred back to, and merged with, the original 
                      account.

    ``(h) Website.--
            ``(1) <<NOTE: Public information.>>  Description of freight 
        office.--The Secretary shall make publicly available on the 
        website of the Department a description of the Freight Office, 
        including a description of--
                    ``(A) the programs managed or made available by the 
                Freight Office; and
                    ``(B) <<NOTE: Requirements.>> the eligibility 
                requirements for those programs.

[[Page 135 STAT. 655]]

            ``(2) Clearinghouse.--The Secretary may establish a 
        clearinghouse for tools, templates, guidance, and best practices 
        on a page of the website of the Department that supports the 
        purposes of this section.

    ``(i) <<NOTE: Deadline. Time period. Determination.>>  Notification 
to Congress.--Not later than 1 year after the date of enactment of this 
section, and not less frequently than once every 180 days thereafter 
until the date on which the Secretary determines that the requirements 
of this section have been met, the Secretary shall submit to the 
Committee on Commerce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a notification that--
            ``(1) describes--
                    ``(A) the programs and activities administered or 
                overseen by the Freight Office; and
                    ``(B) the status of those programs and activities;
            ``(2) identifies--
                    ``(A) the number of employees working in the Freight 
                Office as of the date of the notification;
                    ``(B) the total number of employees expected to join 
                the Freight Office to support the programs and 
                activities described in paragraph (1); and
                    ``(C) the total number of positions that, as a 
                result of the consolidation of offices under this 
                section, were--
                          ``(i) eliminated; or
                          ``(ii) transferred, assigned, or joined to the 
                      Freight Office;
            ``(3)(A) indicates whether the Secretary has consolidated 
        into the Freight Office any office or office function pursuant 
        to subsection (f)(1); and
            ``(B) if the Secretary has consolidated such an office or 
        function, describes the rationale for the consolidation;
            ``(4)(A) indicates whether the Secretary has eliminated any 
        office pursuant to subsection (f)(2); and
            ``(B) if the Secretary has eliminated such an office, 
        describes the rationale for the elimination;
            ``(5) describes any other actions carried out by the 
        Secretary to implement this section; and
            ``(6) <<NOTE: Recommenda- tions.>> describes any 
        recommendations of the Secretary for legislation that may be 
        needed to further implement this section.

    ``(j) Savings Provisions.--
            ``(1) Effect on other law.--Except as otherwise provided in 
        this section, nothing in this section alters or affects any law 
        (including regulations) with respect to a program referred to in 
        subsection (d).
            ``(2) Effect on responsibilities of other agencies.--Except 
        as otherwise provided in this section, nothing in this section 
        abrogates the responsibilities of any agency, operating 
        administration, or office within the Department that is 
        otherwise charged by law (including regulations) with any aspect 
        of program administration, oversight, or project approval or 
        implementation with respect to a program or project subject to 
        the responsibilities of the Freight Office under this section.
            ``(3) Effect on pending applications.--Nothing in this 
        section affects any pending application under a program referred 
        to in subsection (d) that was received by the Secretary

[[Page 135 STAT. 656]]

        on or before the date of enactment of the Surface Transportation 
        Investment Act of 2021.

    ``(k) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        to the Secretary such sums as are necessary to carry out this 
        section.
            ``(2) Certain activities.--Authorizations under subsections 
        (f) and (g) are subject to appropriations.''.

    (b) GAO Review.--The Comptroller General of the United States 
shall--
            (1) conduct a review of the activities carried out by the 
        Secretary pursuant to section 118 of title 49, United States 
        Code; and
            (2) <<NOTE: Recommenda- tions.>>  develop recommendations 
        regarding additional activities--
                    (A) to improve the consolidation of duplicative 
                functions within the Department; and
                    (B) to promote increased staff efficiency for 
                program management within the Department.

    (c) Clerical Amendment.--The analysis for chapter 1 of title 49, 
United States Code, <<NOTE: 49 USC 101 prec.>>  is amended by inserting 
after the item relating to section 117 the following:

``118. Office of Multimodal Freight Infrastructure and Policy.''.

    (d) Conforming Amendments.--
            (1) Section 70101(c) of title 49, United States Code, is 
        amended, in the matter preceding paragraph (1), by striking 
        ``Under Secretary of Transportation for Policy'' and inserting 
        ``Assistant Secretary for Multimodal Freight''.
            (2) Section 70102 of title 49, United States Code, is 
        amended--
                    (A) in subsection (a), in the matter preceding 
                paragraph (1), by striking ``Not later'' and all that 
                follows through ``the Under Secretary of Transportation 
                for Policy'' and inserting ``The Assistant Secretary for 
                Multimodal Freight (referred to in this section as the 
                `Assistant Secretary')'';
                    (B) in subsection (b)(4), in the matter preceding 
                subparagraph (A), by striking ``Under Secretary'' and 
                inserting ``Assistant Secretary'';
                    (C) in subsection (c), by striking ``Under 
                Secretary'' and inserting ``Assistant Secretary''; and
                    (D) in subsection (d), in the matter preceding 
                paragraph (1), by striking ``Under Secretary'' and 
                inserting ``Assistant Secretary''.
            (3) Section 70103 of title 49, United States Code, is 
        amended--
                    (A) in subsection (a), in the matter preceding 
                paragraph (1), by striking ``Under Secretary of 
                Transportation for Policy'' and inserting ``Assistant 
                Secretary for Multimodal Freight (referred to in this 
                section as the `Assistant Secretary')'';
                    (B) by striking subsection (b);
                    (C) by redesignating subsections (c) and (d) as 
                subsections (b) and (c), respectively;
                    (D) in subsection (b) (as so redesignated)--
                          (i) in the subsection heading, by striking 
                      ``Final Network'' and inserting ``Designation of 
                      National Multimodal Freight Network'';

[[Page 135 STAT. 657]]

                          (ii) in paragraph (1), in the matter preceding 
                      subparagraph (A), by striking ``Not later'' and 
                      all that follows through ``Under Secretary'' and 
                      inserting ``The Assistant Secretary'';
                          (iii) in paragraph (2), in the matter 
                      preceding subparagraph (A), by striking ``Under 
                      Secretary'' and inserting ``Assistant Secretary''; 
                      and
                          (iv) in paragraph (3), in the matter preceding 
                      subparagraph (A), by striking ``Under Secretary'' 
                      and inserting ``Assistant Secretary''; and
                    (E) in subsection (c) (as so redesignated)--
                          (i) by striking ``subsection (c)'' each place 
                      it appears and inserting ``subsection (b)''; and
                          (ii) by striking ``Under Secretary'' and 
                      inserting ``Assistant Secretary''.
            (4) Section 116(d)(1) of title 49, United States Code, is 
        amended by striking subparagraph (D).
SEC. 21102. UPDATES TO NATIONAL FREIGHT PLAN.

    Section 70102(b) of title 49, United States Code, is amended--
            (1) in paragraph (10), by striking ``and'' at the end;
            (2) in paragraph (11), by striking the period at the end and 
        inserting a semicolon; and
            (3) <<NOTE: Strategies.>> by adding at the end the 
        following:
            ``(12) best practices for reducing environmental impacts of 
        freight movement (including reducing local air pollution from 
        freight movement, stormwater runoff, and wildlife habitat loss 
        resulting from freight facilities, freight vehicles, or freight 
        activity);
            ``(13) possible strategies to increase the resilience of the 
        freight system, including the ability to anticipate, prepare 
        for, or adapt to conditions, or withstand, respond to, or 
        recover rapidly from disruptions, including extreme weather and 
        natural disasters;
            ``(14) strategies to promote United States economic growth 
        and international competitiveness;
            ``(15) consideration of any potential unique impacts of the 
        national freight system on rural and other underserved and 
        historically disadvantaged communities;
            ``(16) strategies for decarbonizing freight movement, as 
        appropriate; and
            ``(17) consideration of the impacts of e-commerce on the 
        national multimodal freight system.''.
SEC. 21103. STATE COLLABORATION WITH NATIONAL MULTIMODAL FREIGHT 
                            NETWORK.

    Subsection (b) of section 70103 of title 49, United States Code (as 
redesignated by section 21101(d)(3)(C)), is amended--
            (1) in paragraph (3), by striking subparagraph (C) and 
        inserting the following:
                    ``(C) provide to the States an opportunity to submit 
                proposed designations from the States in accordance with 
                paragraph (4).''; and
            (2) in paragraph (4)--
                    (A) in subparagraph (C)(i), by striking ``20 
                percent'' and inserting ``30 percent''; and
                    (B) by adding at the end the following:

[[Page 135 STAT. 658]]

                    ``(E) <<NOTE: Determination.>>  Condition for 
                acceptance.--The Secretary shall accept from a State a 
                designation under subparagraph (D) only if the Secretary 
                determines that the designation meets the applicable 
                requirements of subparagraph (A).''.
SEC. 21104. IMPROVING STATE FREIGHT PLANS.

    (a) In General.--Section 70202 of title 49, United States Code, is 
amended--
            (1) in subsection (b)--
                    (A) in paragraph (9), by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (10) as paragraph 
                (17); and
                    (C) by inserting after paragraph (9) the following:
            ``(10) <<NOTE: Assessment.>>  the most recent commercial 
        motor vehicle parking facilities assessment conducted by the 
        State under subsection (f);
            ``(11) the most recent supply chain cargo flows in the 
        State, expressed by mode of transportation;
            ``(12) <<NOTE: Inventory.>> an inventory of commercial ports 
        in the State;
            ``(13) <<NOTE: Recommenda- tions.>> if applicable, 
        consideration of the findings or recommendations made by any 
        multi-State freight compact to which the State is a party under 
        section 70204;
            ``(14) the impacts of e-commerce on freight infrastructure 
        in the State;
            ``(15) considerations of military freight;
            ``(16) <<NOTE: Strategies.>> strategies and goals to 
        decrease--
                    ``(A) the severity of impacts of extreme weather and 
                natural disasters on freight mobility;
                    ``(B) the impacts of freight movement on local air 
                pollution;
                    ``(C) the impacts of freight movement on flooding 
                and stormwater runoff; and
                    ``(D) the impacts of freight movement on wildlife 
                habitat loss; and''; and
            (2) by adding at the end the following:

    ``(f) <<NOTE: Consultation.>>  Commercial Motor Vehicle Parking 
Facilities Assessments.--As part of the development or updating, as 
applicable, of a State freight plan under this section, each State that 
receives funding under section 167 of title 23, in consultation with 
relevant State motor carrier safety personnel, shall conduct an 
assessment of--
            ``(1) the capability of the State, together with the private 
        sector in the State, to provide adequate parking facilities and 
        rest facilities for commercial motor vehicles engaged in 
        interstate transportation;
            ``(2) the volume of commercial motor vehicle traffic in the 
        State; and
            ``(3) whether there exist any areas within the State with a 
        shortage of adequate commercial motor vehicle parking 
        facilities, including an analysis (economic or otherwise, as the 
        State determines to be appropriate) of the underlying causes of 
        such a shortage.

    ``(g) <<NOTE: Requirement.>> Priority.--Each State freight plan 
under this section shall include a requirement that the State, in 
carrying out activities under the State freight plan--
            ``(1) enhance reliability or redundancy of freight 
        transportation; or

[[Page 135 STAT. 659]]

            ``(2) incorporate the ability to rapidly restore access and 
        reliability with respect to freight transportation.

    ``(h) Approval.--
            ``(1) <<NOTE: Compliance.>> In general.--The Secretary of 
        Transportation shall approve a State freight plan described in 
        subsection (a) if the plan achieves compliance with the 
        requirements of this section.
            ``(2) Savings provision.--Nothing in this subsection 
        establishes new procedural requirements for the approval of a 
        State freight plan described in subsection (a).''.

    (b) Studies.--For the purpose of facilitating the integration of 
intelligent transportation systems into the freight transportation 
network powered by electricity, the Secretary, acting through the 
Assistant Secretary for Multimodal Freight, shall conduct a study 
relating to--
            (1) preparing to supply power to applicable electrical 
        freight infrastructure; and
            (2) safely integrating freight into intelligent 
        transportation systems.

    (c) Alignment of Transportation Planning.--Section 70202 of title 
49, United States Code, is amended--
            (1) in subsection (d), by striking ``5-year'' and inserting 
        ``8-year''; and
            (2) in subsection (e)(1), by striking ``5 years'' and 
        inserting ``4 years''.
SEC. 21105. IMPLEMENTATION OF NATIONAL MULTIMODAL FREIGHT NETWORK.

<<NOTE: Reports.>>     Not later than 30 days after the date of 
enactment of this Act, the Secretary shall submit to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives a 
report that--
            (1) describes the status of the designation of the final 
        National Multimodal Freight Network required under section 70103 
        of title 49, United States Code;
            (2) explains the reasons why the designation of the network 
        referred to in paragraph (1) has not been finalized, if 
        applicable; and
            (3) <<NOTE: Estimate.>>  estimates the date by which that 
        network will be designated.
SEC. 21106. MULTI-STATE FREIGHT CORRIDOR PLANNING.

    (a) In General.--Chapter 702 of title 49, United States Code, is 
amended--
            (1) by redesignating section 70204 as section 70206; and
            (2) by inserting after section 70203 the following:
``Sec. 70204. <<NOTE: 49 USC 70204.>>  Multi-State freight 
                    corridor planning

    ``(a) Consent to Multi-State Freight Mobility Compacts.--Congress 
recognizes the right of States, cities, regional planning organizations, 
federally recognized Indian Tribes, and local public authorities 
(including public port authorities) that are regionally linked with an 
interest in a specific nationally or regionally significant multi-State 
freight corridor to enter into multi-State compacts to promote the 
improved mobility of goods, including--
            ``(1) identifying projects along the corridor that benefit 
        multiple States;

[[Page 135 STAT. 660]]

            ``(2) assembling rights-of-way; and
            ``(3) performing capital improvements.

    ``(b) Financing.--A multi-State freight compact established by 
entities under subsection (a) may provide that, in order to carry out 
the compact, the relevant States or other entities may--
            ``(1) accept contributions from a unit of State or local 
        government;
            ``(2) use any Federal or State funds made available for 
        freight mobility infrastructure planning or construction, 
        including applying for grants;
            ``(3) subject to such terms and conditions as the States 
        consider to be advisable--
                    ``(A) borrow money on a short-term basis; and
                    ``(B) issue--
                          ``(i) notes for borrowing under subparagraph 
                      (A); and
                          ``(ii) bonds; and
            ``(4) obtain financing by other means permitted under 
        applicable Federal or State law.

    ``(c) Advisory Committees.--
            ``(1) In general.--A multi-State freight compact under this 
        section may establish a multi-State freight corridor advisory 
        committee, which shall include representatives of State 
        departments of transportation and other public and private 
        sector entities with an interest in freight mobility, such as--
                    ``(A) ports;
                    ``(B) freight railroads;
                    ``(C) shippers;
                    ``(D) carriers;
                    ``(E) freight-related associations;
                    ``(F) third-party logistics providers;
                    ``(G) the freight industry workforce;
                    ``(H) environmental organizations;
                    ``(I) community organizations; and
                    ``(J) units of local government.
            ``(2) Activities.--An advisory committee established under 
        paragraph (1) may--
                    ``(A) advise the parties to the applicable multi-
                State freight compact with respect to freight-related 
                priorities, issues, projects, and funding needs that 
                impact multi-State--
                          ``(i) freight mobility; and
                          ``(ii) supply chains;
                    ``(B) serve as a forum for States, Indian Tribes, 
                and other public entities to discuss decisions affecting 
                freight mobility;
                    ``(C) communicate and coordinate multi-State freight 
                priorities with other organizations;
                    ``(D) promote the sharing of information between the 
                private and public sectors with respect to freight 
                issues; and
                    ``(E) provide information for consideration in the 
                development of State freight plans under section 70202.

    ``(d) Grants.--
            ``(1) Establishment.--The Secretary of Transportation 
        (referred to in this section as the `Secretary') shall establish 
        a program under which the Secretary shall provide grants

[[Page 135 STAT. 661]]

        to multi-State freight compacts, or States seeking to form a 
        multi-State freight compact, that seek to improve a route or 
        corridor that is a part of the National Multimodal Freight 
        Network established under section 70103.
            ``(2) <<NOTE: Time periods.>> New compacts.--
                    ``(A) In general.--To incentivize the establishment 
                of multi-State freight compacts, the Secretary may award 
                a grant for operations costs in an amount of not more 
                than $2,000,000 to--
                          ``(i) a multi-State freight compact 
                      established under subsection (a) during the 2-year 
                      period beginning on the date of establishment of 
                      the multi-State freight compact; or
                          ``(ii) States seeking to form a multi-State 
                      freight compact described in that subsection.
                    ``(B) Eligibility.--
                          ``(i) New multi-state freight compacts.--A 
                      multi-State freight compact shall be eligible for 
                      a grant under this paragraph only during the 
                      initial 2 years of operation of the compact.
                          ``(ii) States seeking to form a compact.--
                      States seeking to form a multi-State freight 
                      compact shall be eligible for a grant under this 
                      paragraph during--
                                    ``(I) the 2-year period beginning on 
                                the date on which an application for a 
                                grant under this paragraph with respect 
                                to the proposed compact is submitted to 
                                the Secretary; or
                                    ``(II) if the compact is formed 
                                before the date on which a grant under 
                                this paragraph is awarded in accordance 
                                with subclause (I), the initial 2 years 
                                of operation of the compact.
                    ``(C) Requirements.--To be eligible to receive a 
                grant under this paragraph, a multi-State freight 
                compact or the applicable States seeking to form a 
                multi-State freight compact shall--
                          ``(i) submit to the Secretary an application 
                      at such time, in such manner, and containing such 
                      information as the Secretary may require;
                          ``(ii) provide a non-Federal match equal to 
                      not less than 25 percent of the operating costs of 
                      the multi-State freight compact; and
                          ``(iii) commit to establishing a multi-State 
                      freight corridor advisory committee under 
                      subsection (c)(1) during the initial 2-year period 
                      of operation of the compact.
            ``(3) Existing compacts.--
                    ``(A) In general.--The Secretary may award a grant 
                to multi-State freight compacts that are not eligible to 
                receive a grant under paragraph (2) for operations costs 
                in an amount of not more than $1,000,000.
                    ``(B) Requirements.--To be eligible to receive a 
                grant under this paragraph, a multi-State freight 
                compact shall--
                          ``(i) submit to the Secretary an application 
                      at such time, in such manner, and containing such 
                      information as the Secretary may require;
                          ``(ii) provide a non-Federal match of not less 
                      than 50 percent of the operating costs of the 
                      compact; and

[[Page 135 STAT. 662]]

                          ``(iii) demonstrate that the compact has 
                      established a multi-State freight corridor 
                      advisory committee under subsection (c)(1).
            ``(4) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary $5,000,000 for each fiscal 
        year to carry out this subsection.''.

    (b) Clerical Amendment.--The analysis for chapter 702 of title 49, 
United States Code, <<NOTE: 49 USC 70201 prec.>>  is amended by striking 
the item relating to section 70204 and inserting the following:

``70204. Multi-State freight corridor planning.
``70206. Savings provision.''.

SEC. 21107. STATE FREIGHT ADVISORY COMMITTEES.

    Section 70201 of title 49, United States Code, is amended--
            (1) in subsection (a), by striking ``representatives of 
        ports, freight railroads,'' and all that follows through the 
        period at the end and inserting the following: ``representatives 
        of--
            ``(1) ports, if applicable;
            ``(2) freight railroads, if applicable;
            ``(3) shippers;
            ``(4) carriers;
            ``(5) freight-related associations;
            ``(6) third-party logistics providers;
            ``(7) the freight industry workforce;
            ``(8) the transportation department of the State;
            ``(9) metropolitan planning organizations;
            ``(10) local governments;
            ``(11) the environmental protection department of the State, 
        if applicable;
            ``(12) the air resources board of the State, if applicable;
            ``(13) economic development agencies of the State; and
            ``(14) not-for-profit organizations or community 
        organizations.'';
            (2) in subsection (b)(5), by striking ``70202.'' and 
        inserting ``70202, including by providing advice regarding the 
        development of the freight investment plan.'';
            (3) by redesignating subsection (b) as subsection (c); and
            (4) by inserting after subsection (a) the following:

    ``(b) Qualifications.--Each member of a freight advisory committee 
established under subsection (a) shall have qualifications sufficient to 
serve on a freight advisory committee, including, as applicable--
            ``(1) general business and financial experience;
            ``(2) experience or qualifications in the areas of freight 
        transportation and logistics;
            ``(3) experience in transportation planning;
            ``(4) experience representing employees of the freight 
        industry;
            ``(5) experience representing a State, local government, or 
        metropolitan planning organization; or
            ``(6) experience representing the views of a community group 
        or not-for-profit organization.''.

[[Page 135 STAT. 663]]

                    Subtitle B--Multimodal Investment

SEC. 21201. NATIONAL INFRASTRUCTURE PROJECT ASSISTANCE.

    Subtitle III of title 49, United States Code, <<NOTE: 49 USC 6701 
prec.>>  is amended by adding at the end the following:

           ``CHAPTER 67--MULTIMODAL INFRASTRUCTURE INVESTMENTS

``6701. National infrastructure project assistance.
``6702. Local and regional project assistance.

``Sec. 6701. <<NOTE: Grants. 49 USC 6701.>>  National 
                  infrastructure project assistance

    ``(a) Definitions.--In this section:
            ``(1) Department.--The term `Department' means the 
        Department of Transportation.
            ``(2) Eligible entity.--The term `eligible entity' means--
                    ``(A) a State or a group of States;
                    ``(B) a metropolitan planning organization;
                    ``(C) a unit of local government;
                    ``(D) a political subdivision of a State;
                    ``(E) a special purpose district or public authority 
                with a transportation function, including a port 
                authority;
                    ``(F) a Tribal government or a consortium of Tribal 
                governments;
                    ``(G) a partnership between Amtrak and 1 or more 
                entities described in subparagraphs (A) through (F); and
                    ``(H) a group of entities described in any of 
                subparagraphs (A) through (G).
            ``(3) Program.--The term `program' means the program 
        established by subsection (b).
            ``(4) Secretary.--The term `Secretary' means the Secretary 
        of Transportation.
            ``(5) State.--The term `State' means--
                    ``(A) any of the several States;
                    ``(B) the District of Columbia;
                    ``(C) the Commonwealth of Puerto Rico;
                    ``(D) the Commonwealth of the Northern Mariana 
                Islands;
                    ``(E) the United States Virgin Islands;
                    ``(F) Guam;
                    ``(G) American Samoa; and
                    ``(H) any other territory or possession of the 
                United States.

    ``(b) Establishment.--There is established a program under which the 
Secretary shall provide to eligible entities grants, on a competitive 
basis pursuant to single-year or multiyear grant agreements, for 
projects described in subsection (d).
    ``(c) Applications.--
            ``(1) <<NOTE: Determination.>>  In general.--To be eligible 
        for a grant under the program, an eligible entity shall submit 
        to the Secretary an application at such time, in such manner, 
        and containing such information as the Secretary determines to 
        be appropriate.
            ``(2) Plan for data collection.--An application under 
        paragraph (1) shall include a plan for data collection and 
        analysis described in subsection (g).

[[Page 135 STAT. 664]]

    ``(d) Eligible Projects.--The Secretary may provide a grant under 
the program only for a project--
            ``(1) that is--
                    ``(A) a highway or bridge project carried out on--
                          ``(i) the National Multimodal Freight Network 
                      established under section 70103;
                          ``(ii) the National Highway Freight Network 
                      established under section 167 of title 23; or
                          ``(iii) the National Highway System (as 
                      defined in section 101(a) of title 23);
                    ``(B) a freight intermodal (including public ports) 
                or freight rail project that provides a public benefit;
                    ``(C) a railway-highway grade separation or 
                elimination project;
                    ``(D) an intercity passenger rail project;
                    ``(E) a public transportation project that is--
                          ``(i) eligible for assistance under chapter 
                      53; and
                          ``(ii) part of a project described in any of 
                      subparagraphs (A) through (D); or
                    ``(F) a grouping, combination, or program of 
                interrelated, connected, or dependent projects of any of 
                the projects described in subparagraphs (A) through (E); 
                and
            ``(2) the eligible project costs of which are--
                    ``(A) reasonably anticipated to equal or exceed 
                $500,000,000; or
                    ``(B) for any project funded by the set-aside under 
                subsection (m)(2)--
                          ``(i) more than $100,000,000; but
                          ``(ii) less than $500,000,000.

    ``(e) Geographical Distribution.--In providing grants under this 
section, the Secretary shall ensure among grant recipients--
            ``(1) geographical diversity; and
            ``(2) a balance between rural and urban communities.

    ``(f) Project Evaluation and Selection.--
            ``(1) <<NOTE: Determination.>> Requirements.--The Secretary 
        may select a project described in subsection (d) to receive a 
        grant under the program only if the Secretary determines that--
                    ``(A) the project is likely to generate national or 
                regional economic, mobility, or safety benefits;
                    ``(B) the project is in need of significant Federal 
                funding;
                    ``(C) the project will be cost-effective;
                    ``(D) with respect to related non-Federal financial 
                commitments, 1 or more stable and dependable sources of 
                funding and financing are available--
                          ``(i) to construct, operate, and maintain the 
                      project; and
                          ``(ii) to cover cost increases; and
                    ``(E) the applicant has, or will have, sufficient 
                legal, financial, and technical capacity to carry out 
                the project.
            ``(2) Evaluation criteria.--In awarding a grant under the 
        program, the Secretary shall evaluate--
                    ``(A) the extent to which a project supports 
                achieving a state of good repair for each existing asset 
                to be improved by the project;
                    ``(B) the level of benefits a project is expected to 
                generate, including--

[[Page 135 STAT. 665]]

                          ``(i) the costs avoided by the prevention of 
                      closure or reduced use of the asset to be improved 
                      by the project;
                          ``(ii) reductions in maintenance costs over 
                      the life of the applicable asset;
                          ``(iii) safety benefits, including the 
                      reduction of serious injuries and fatalities and 
                      related costs;
                          ``(iv) improved person or freight throughput, 
                      including improved mobility and reliability; and
                          ``(v) environmental benefits and health 
                      impacts, such as--
                                    ``(I) reductions in greenhouse gas 
                                emissions;
                                    ``(II) air quality benefits;
                                    ``(III) preventing stormwater runoff 
                                that would be a detriment to aquatic 
                                species; and
                                    ``(IV) improved infrastructure 
                                resilience;
                    ``(C) the benefits of the project, as compared to 
                the costs of the project;
                    ``(D) the number of persons or volume of freight, as 
                applicable, supported by the project; and
                    ``(E) national and regional economic benefits of the 
                project, including with respect to short- and long-term 
                job access, growth, or creation.
            ``(3) Additional considerations.--In selecting projects to 
        receive grants under the program, the Secretary shall take into 
        consideration--
                    ``(A) contributions to geographical diversity among 
                grant recipients, including a balance between the needs 
                of rural and urban communities;
                    ``(B) whether multiple States would benefit from a 
                project;
                    ``(C) whether, and the degree to which, a project 
                uses--
                          ``(i) construction materials or approaches 
                      that have--
                                    ``(I) demonstrated reductions in 
                                greenhouse gas emissions; or
                                    ``(II) reduced the need for 
                                maintenance of other projects; or
                          ``(ii) technologies that will allow for future 
                      connectivity and automation;
                    ``(D) whether a project would benefit--
                          ``(i) a historically disadvantaged community 
                      or population; or
                          ``(ii) an area of persistent poverty;
                    ``(E) whether a project benefits users of multiple 
                modes of transportation, including--
                          ``(i) pedestrians;
                          ``(ii) bicyclists; and
                          ``(iii) users of nonvehicular rail and public 
                      transportation, including intercity and commuter 
                      rail; and
                    ``(F) whether a project improves connectivity 
                between modes of transportation moving persons or goods 
                nationally or regionally.
            ``(4) Ratings.--
                    ``(A) <<NOTE: Evaluation.>>  In general.--In 
                evaluating applications for a grant under the program, 
                the Secretary shall assign the project proposed in the 
                application a rating described in

[[Page 135 STAT. 666]]

                subparagraph (B), based on the information contained in 
                the applicable notice published under paragraph (5).
                    ``(B) <<NOTE: Determinations.>>  Ratings.--
                          ``(i) Highly recommended.--The Secretary shall 
                      assign a rating of `highly recommended' to 
                      projects that, in the determination of the 
                      Secretary--
                                    ``(I) are exemplary projects of 
                                national or regional significance; and
                                    ``(II) would provide significant 
                                public benefit, as determined based on 
                                the applicable criteria described in 
                                this subsection, if funded under the 
                                program.
                          ``(ii) Recommended.--The Secretary shall 
                      assign a rating of `recommended' to projects that, 
                      in the determination of the Secretary--
                                    ``(I) are of national or regional 
                                significance; and
                                    ``(II) would provide public benefit, 
                                as determined based on the applicable 
                                criteria described in this subsection, 
                                if funded under the program.
                          ``(iii) Not recommended.--The Secretary shall 
                      assign a rating of `not recommended' to projects 
                      that, in the determination of the Secretary, 
                      should not receive a grant under the program, 
                      based on the applicable criteria described in this 
                      subsection.
                    ``(C) Technical assistance.--
                          ``(i) In general.--On request of an eligible 
                      entity that submitted an application under 
                      subsection (c) for a project that is not selected 
                      to receive a grant under the program, the 
                      Secretary shall provide to the eligible entity 
                      technical assistance and briefings relating to the 
                      project.
                          ``(ii) Treatment.--Technical assistance 
                      provided under this subparagraph shall not be 
                      considered a guarantee of future selection of the 
                      applicable project under the program.
            ``(5) <<NOTE: Deadline. Public information. Web 
        posting. Notice.>>  Publication of project evaluation and 
        selection criteria.--Not later than 90 days after the date of 
        enactment of this chapter, the Secretary shall publish and make 
        publicly available on the website of the Department a notice 
        that contains a detailed explanation of--
                    ``(A) the method by which the Secretary will 
                determine whether a project satisfies the applicable 
                requirements described in paragraph (1);
                    ``(B) any additional ratings the Secretary may 
                assign to determine the means by which a project 
                addresses the selection criteria and additional 
                considerations described in paragraphs (2) and (3); and
                    ``(C) the means by which the project requirements 
                and ratings referred to in subparagraphs (A) and (B) 
                will be used to assign an overall rating for the project 
                under paragraph (4).
            ``(6) Project selection priority.--In awarding grants under 
        the program, the Secretary shall give priority to projects to 
        which the Secretary has assigned a rating of `highly 
        recommended' under paragraph (4)(B)(i).

    ``(g) Data Collection and Analysis.--

[[Page 135 STAT. 667]]

            ``(1) Plan.--
                    ``(A) In general.--An eligible entity seeking a 
                grant under the program shall submit to the Secretary, 
                together with the grant application, a plan for the 
                collection and analysis of data to identify in 
                accordance with the framework established under 
                paragraph (2)--
                          ``(i) the impacts of the project; and
                          ``(ii) the accuracy of any forecast prepared 
                      during the development phase of the project and 
                      included in the grant application.
                    ``(B) Contents.--A plan under subparagraph (A) shall 
                include--
                          ``(i) an approach to measuring--
                                    ``(I) the criteria described in 
                                subsection (f)(2); and
                                    ``(II) if applicable, the additional 
                                requirements described in subsection 
                                (f)(3);
                          ``(ii) an approach for analyzing the 
                      consistency of predicted project characteristics 
                      with actual outcomes; and
                          ``(iii) <<NOTE: Determination.>>  any other 
                      elements that the Secretary determines to be 
                      necessary.
            ``(2) <<NOTE: Publication.>>  Framework.--The Secretary may 
        publish a standardized framework for the contents of the plans 
        under paragraph (1), which may include, as appropriate--
                    ``(A) standardized forecasting and measurement 
                approaches;
                    ``(B) <<NOTE: Data. Requirements.>>  data storage 
                system requirements; and
                    ``(C) <<NOTE: Determination.>> any other 
                requirements the Secretary determines to be necessary to 
                carry out this section.
            ``(3) Multiyear grant agreements.--The Secretary shall 
        require an eligible entity, as a condition of receiving funding 
        pursuant to a multiyear grant agreement under the program, to 
        collect additional data to measure the impacts of the project 
        and to accurately track improvements made by the project, in 
        accordance with a plan described in paragraph (1).
            ``(4) Reports.--
                    ``(A) Project baseline.--Before the date of 
                completion of a project for which a grant is provided 
                under the program, the eligible entity carrying out the 
                project shall submit to the Secretary a report providing 
                baseline data for the purpose of analyzing the long-term 
                impact of the project in accordance with the framework 
                established under paragraph (2).
                    ``(B) <<NOTE: Time period.>>  Updated report.--Not 
                later than 6 years after the date of completion of a 
                project for which a grant is provided under the program, 
                the eligible entity carrying out the project shall 
                submit to the Secretary a report that compares the 
                baseline data included in the report under subparagraph 
                (A) to project data collected during the period--
                          ``(i) beginning on the date that is 5 years 
                      after the date of completion of the project; and
                          ``(ii) ending on the date on which the updated 
                      report is submitted.

    ``(h) Eligible Project Costs.--

[[Page 135 STAT. 668]]

            ``(1) In general.--An eligible entity may use a grant 
        provided under the program for--
                    ``(A) development-phase activities and costs, 
                including planning, feasibility analysis, revenue 
                forecasting, alternatives analysis, data collection and 
                analysis, environmental review and activities to support 
                environmental review, preliminary engineering and design 
                work, and other preconstruction activities, including 
                the preparation of a data collection and post-
                construction analysis plan under subsection (g); and
                    ``(B) construction, reconstruction, rehabilitation, 
                acquisition of real property (including land relating to 
                the project and improvements to that land), 
                environmental mitigation (including projects to replace 
                or rehabilitate culverts or reduce stormwater runoff for 
                the purpose of improving habitat for aquatic species), 
                construction contingencies, acquisition of equipment, 
                protection, and operational improvements directly 
                relating to the project.
            ``(2) <<NOTE: Certification.>>  Interest and other financing 
        costs.--The interest and other financing costs of carrying out 
        any part of a project under a multiyear grant agreement within a 
        reasonable period of time shall be considered to be an eligible 
        project cost only if the applicable eligible entity certifies to 
        the Secretary that the eligible entity has demonstrated 
        reasonable diligence in seeking the most favorable financing 
        terms.

    ``(i) Cost Sharing.--
            ``(1) In general.--The total amount awarded for a project 
        under the program may not exceed 60 percent of the total 
        eligible project costs described in subsection (h).
            ``(2) Maximum federal involvement.--
                    ``(A) In general.--Subject to subparagraph (B), 
                Federal assistance other than a grant awarded under the 
                program may be provided for a project for which a grant 
                is awarded under the program.
                    ``(B) Limitation.--The total amount of Federal 
                assistance provided for a project for which a grant is 
                awarded under the program shall not exceed 80 percent of 
                the total cost of the project.
                    ``(C) Non-federal share.--Secured loans or financing 
                provided under section 603 of title 23 or section 22402 
                of this title and repaid with local funds or revenues 
                shall be considered to be part of the local share of the 
                cost of a project.
            ``(3) Application to multiyear agreements.--Notwithstanding 
        any other provision of this title, in any case in which amounts 
        are provided under the program pursuant to a multiyear 
        agreement, the disbursed Federal share of the cost of the 
        project may exceed the limitations described in paragraphs (1) 
        and (2)(B) for 1 or more years if the total amount of the 
        Federal share of the cost of the project, once completed, does 
        not exceed those limitations.

    ``(j) Grant Agreements.--
            ``(1) In general.--A project for which an eligible entity 
        receives a multiyear grant under the program shall be carried 
        out in accordance with this subsection.
            ``(2) Terms.--A multiyear grant agreement under this 
        subsection shall--

[[Page 135 STAT. 669]]

                    ``(A) establish the terms of Federal participation 
                in the applicable project;
                    ``(B) establish the maximum amount of Federal 
                financial assistance for the project;
                    ``(C) establish a schedule of anticipated Federal 
                obligations for the project that provides for obligation 
                of the full grant amount;
                    ``(D) describe the period of time for completing the 
                project, regardless of whether that period extends 
                beyond the period of an authorization; and
                    ``(E) facilitate timely and efficient management of 
                the applicable project by the eligible entity carrying 
                out the project, in accordance with applicable law.
            ``(3) Special rules.--
                    ``(A) In general.--A multiyear grant agreement under 
                this subsection--
                          ``(i) shall provide for the obligation of an 
                      amount of available budget authority specified in 
                      law;
                          ``(ii) may include a commitment, contingent on 
                      amounts to be specified in law in advance for 
                      commitments under this paragraph, to obligate an 
                      additional amount from future available budget 
                      authority specified in law; and
                          ``(iii) shall provide that any funds disbursed 
                      under the program for the project before the 
                      completion of any review required under the 
                      National Environmental Policy Act of 1969 (42 
                      U.S.C. 4321 et seq.) may only cover costs 
                      associated with development-phase activities 
                      described in subsection (h)(1)(A).
                    ``(B) Contingent commitment.--A contingent 
                commitment under this paragraph is not an obligation of 
                the Federal Government, including for purposes of 
                section 1501 of title 31.
            ``(4) Single-year grants.--The Secretary may only provide to 
        an eligible entity a full grant under the program in a single 
        year if all reviews required under the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the 
        applicable project have been completed before the receipt of any 
        program funds.

    ``(k) Congressional Notification.--
            ``(1) <<NOTE: Deadline.>>  In general.--Not later than 30 
        days before the date on which the Secretary publishes the 
        selection of projects to receive grants under the program, the 
        Secretary shall submit to the Committee on Commerce, Science, 
        and Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a written notice that includes--
                    ``(A) <<NOTE: List.>>  a list of all project 
                applications reviewed by the Secretary as part of the 
                selection process;
                    ``(B) the rating assigned to each project under 
                subsection (f)(4);
                    ``(C) <<NOTE: Evaluation.>> an evaluation and 
                justification with respect to each project for which the 
                Secretary will--
                          ``(i) provide a grant under the program; and
                          ``(ii) enter into a multiyear grant agreement 
                      under the program;

[[Page 135 STAT. 670]]

                    ``(D) a description of the means by which the 
                Secretary anticipates allocating among selected projects 
                the amounts made available to the Secretary to carry out 
                the program; and
                    ``(E) <<NOTE: Time period.>>  anticipated funding 
                levels required for the 3 fiscal years beginning after 
                the date of submission of the notice for projects 
                selected for grants under the program, based on 
                information available to the Secretary as of that date.
            ``(2) Congressional disapproval.--The Secretary may not 
        provide a grant or any other obligation or commitment to fund a 
        project under the program if a joint resolution is enacted 
        disapproving funding for the project before the last day of the 
        30-day period described in paragraph (1).

    ``(l) Reports.--
            ``(1) <<NOTE: Web posting.>>  Transparency.--Not later than 
        60 days after the date on which the grants are announced under 
        the program, the Secretary shall publish on the website of the 
        Department a report that includes--
                    ``(A) <<NOTE: List.>> a list of all project 
                applications reviewed by the Secretary as part of the 
                selection process under the program;
                    ``(B) the rating assigned to each project under 
                subsection (f)(4); and
                    ``(C) a description of each project for which a 
                grant has been provided under the program.
            ``(2) Comptroller general.--
                    ``(A) Assessment.--The Comptroller General of the 
                United States shall conduct an assessment of the 
                administrative establishment, solicitation, selection, 
                and justification process with respect to the funding of 
                grants under the program.
                    ``(B) Report.--Not later than 18 months after the 
                date on which the initial grants are awarded for 
                projects under the program, the Comptroller General 
                shall submit to the Committee on Commerce, Science, and 
                Transportation of the Senate and the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives a report that describes, as applicable--
                          ``(i) the adequacy and fairness of the process 
                      by which the projects were selected; and
                          ``(ii) the justification and criteria used for 
                      the selection of the projects.

    ``(m) <<NOTE: Time period.>> Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated to 
        the Secretary to carry out the program $2,000,000,000 for each 
        of fiscal years 2022 through 2026.
            ``(2) Other projects.--Of the amounts made available under 
        paragraph (1), 50 percent shall be set aside for projects that 
        have a project cost of--
                    ``(A) more than $100,000,000; but
                    ``(B) less than $500,000,000.
            ``(3) Administrative expenses.--Of the amounts made 
        available to carry out the program for each fiscal year, the 
        Secretary may reserve not more than 2 percent for the costs of--
                    ``(A) administering and overseeing the program; and

[[Page 135 STAT. 671]]

                    ``(B) hiring personnel for the program, including 
                personnel dedicated to processing permitting and 
                environmental review issues.
            ``(4) Transfer of authority.--The Secretary may transfer any 
        portion of the amounts reserved under paragraph (3) for a fiscal 
        year to the Administrator of any of the Federal Highway 
        Administration, the Federal Transit Administration, the Federal 
        Railroad Administration, or the Maritime Administration to award 
        and oversee grants in accordance with this section.

    ``(n) Additional Requirements.--
            ``(1) <<NOTE: Compliance.>>  In general.--Each project that 
        receives a grant under this chapter shall achieve compliance 
        with the applicable requirements of--
                    ``(A) subchapter IV of chapter 31 of title 40;
                    ``(B) title VI of the Civil Rights Act of 1964 (42 
                U.S.C. 2000d et seq.); and
                    ``(C) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.).
            ``(2) <<NOTE: Applicability.>>  Modal requirements.--The 
        Secretary shall, with respect to a project funded by a grant 
        under this section, apply--
                    ``(A) the requirements of title 23 to a highway, 
                road, or bridge project;
                    ``(B) the requirements of chapter 53 to a transit 
                project; and
                    ``(C) the requirements of section 22905 to a rail 
                project.
            ``(3) Multimodal projects.--
                    ``(A) In general.--Except as otherwise provided in 
                this paragraph, if an eligible project is a multimodal 
                project, the Secretary shall--
                          ``(i) <<NOTE: Determination.>>  determine the 
                      predominant modal component of the project; and
                          ``(ii) <<NOTE: Applicability.>>  apply the 
                      applicable requirements described in paragraph (2) 
                      of the predominant modal component to the project.
                    ``(B) <<NOTE: Applicability.>> Exceptions.--
                          ``(i) Passenger or freight rail component.--
                      The requirements of section 22905 shall apply to 
                      any passenger or freight rail component of a 
                      project.
                          ``(ii) Public transportation component.--The 
                      requirements of section 5333 shall apply to any 
                      public transportation component of a project.''.
SEC. 21202. LOCAL AND REGIONAL PROJECT ASSISTANCE.

    (a) In General.--Chapter 67 of subtitle III of title 49, United 
States Code (as added by section 21201), is amended by adding at the end 
the following:
``Sec. 6702. <<NOTE: 49 USC 6702.>>  Local and regional project 
                  assistance

    ``(a) Definitions.--In this section:
            ``(1) Area of persistent poverty.--The term `area of 
        persistent poverty' means--
                    ``(A) any county (or equivalent jurisdiction) in 
                which, during the 30-year period ending on the date of 
                enactment of this chapter, 20 percent or more of the 
                population continually lived in poverty, as measured 
                by--
                          ``(i) the 1990 decennial census;

[[Page 135 STAT. 672]]

                          ``(ii) the 2000 decennial census; and
                          ``(iii) the most recent annual small area 
                      income and poverty estimate of the Bureau of the 
                      Census;
                    ``(B) any census tract with a poverty rate of not 
                less than 20 percent, as measured by the 5-year data 
                series available from the American Community Survey of 
                the Bureau of the Census for the period of 2014 through 
                2018; and
                    ``(C) any territory or possession of the United 
                States.
            ``(2) Eligible entity.--The term `eligible entity' means--
                    ``(A) a State;
                    ``(B) the District of Columbia;
                    ``(C) any territory or possession of the United 
                States;
                    ``(D) a unit of local government;
                    ``(E) a public agency or publicly chartered 
                authority established by 1 or more States;
                    ``(F) a special purpose district or public authority 
                with a transportation function, including a port 
                authority;
                    ``(G) a federally recognized Indian Tribe or a 
                consortium of such Indian Tribes;
                    ``(H) a transit agency; and
                    ``(I) a multi-State or multijurisdictional group of 
                entities described in any of subparagraphs (A) through 
                (H).
            ``(3) Eligible project.--The term `eligible project' means--
                    ``(A) a highway or bridge project eligible for 
                assistance under title 23;
                    ``(B) a public transportation project eligible for 
                assistance under chapter 53;
                    ``(C) a passenger rail or freight rail 
                transportation project eligible for assistance under 
                this title;
                    ``(D) a port infrastructure investment, including--
                          ``(i) inland port infrastructure; and
                          ``(ii) a land port-of-entry;
                    ``(E) the surface transportation components of an 
                airport project eligible for assistance under part B of 
                subtitle VII;
                    ``(F) a project for investment in a surface 
                transportation facility located on Tribal land, the 
                title or maintenance responsibility of which is vested 
                in the Federal Government;
                    ``(G) a project to replace or rehabilitate a culvert 
                or prevent stormwater runoff for the purpose of 
                improving habitat for aquatic species that will advance 
                the goal of the program described in subsection (b)(2); 
                and
                    ``(H) any other surface transportation 
                infrastructure project that the Secretary considers to 
                be necessary to advance the goal of the program.
            ``(4) Program.--The term `program' means the Local and 
        Regional Project Assistance Program established under subsection 
        (b)(1).
            ``(5) Rural area.--The term `rural area' means an area that 
        is located outside of an urbanized area.
            ``(6) Secretary.--The term `Secretary' means the Secretary 
        of Transportation.
            ``(7) Urbanized area.--The term `urbanized area' means an 
        area with a population of more than 200,000 residents, based on 
        the most recent decennial census.

[[Page 135 STAT. 673]]

    ``(b) Establishment.--
            ``(1) In general.--The Secretary shall establish and carry 
        out a program, to be known as the `Local and Regional Project 
        Assistance Program', to provide for capital investments in 
        surface transportation infrastructure.
            ``(2) Goal.--The goal of the program shall be to fund 
        eligible projects that will have a significant local or regional 
        impact and improve transportation infrastructure.

    ``(c) Grants.--
            ``(1) In general.--In carrying out the program, the 
        Secretary may make grants to eligible entities, on a competitive 
        basis, in accordance with this section.
            ``(2) Amount.--Except as otherwise provided in this section, 
        each grant made under the program shall be in an amount equal 
        to--
                    ``(A) not less than $5,000,000 for an urbanized 
                area;
                    ``(B) not less than $1,000,000 for a rural area; and
                    ``(C) not more than $25,000,000.
            ``(3) Limitation.--Not more than 15 percent of the funds 
        made available to carry out the program for a fiscal year may be 
        awarded to eligible projects in a single State during that 
        fiscal year.

    ``(d) Selection of Eligible Projects.--
            ``(1) <<NOTE: Deadline.>>  Notice of funding opportunity.--
        Not later than 60 days after the date on which funds are made 
        available to carry out the program, the Secretary shall publish 
        a notice of funding opportunity for the funds.
            ``(2) Applications.--To be eligible to receive a grant under 
        the program, an eligible entity shall submit to the Secretary an 
        application--
                    ``(A) in such form and containing such information 
                as the Secretary considers to be appropriate; and
                    ``(B) <<NOTE: Deadline.>>  by such date as the 
                Secretary may establish, subject to the condition that 
                the date shall be not later than 90 days after the date 
                on which the Secretary issues the solicitation under 
                paragraph (1).
            ``(3) <<NOTE: Evaluation.>> Primary selection criteria.--In 
        awarding grants under the program, the Secretary shall evaluate 
        the extent to which a project--
                    ``(A) improves safety;
                    ``(B) improves environmental sustainability;
                    ``(C) improves the quality of life of rural areas or 
                urbanized areas;
                    ``(D) increases economic competitiveness and 
                opportunity, including increasing tourism opportunities;
                    ``(E) contributes to a state of good repair; and
                    ``(F) improves mobility and community connectivity.
            ``(4) Additional selection criteria.--In selecting projects 
        to receive grants under the program, the Secretary shall take 
        into consideration the extent to which--
                    ``(A) the project sponsors collaborated with other 
                public and private entities;
                    ``(B) the project adopts innovative technologies or 
                techniques, including--
                          ``(i) innovative technology;
                          ``(ii) innovative project delivery techniques; 
                      and
                          ``(iii) innovative project financing;

[[Page 135 STAT. 674]]

                    ``(C) the project has demonstrated readiness; and
                    ``(D) the project is cost effective.
            ``(5) Transparency.--
                    ``(A) <<NOTE: Evaluation.>> In general.--The 
                Secretary, shall evaluate, through a methodology that is 
                discernible and transparent to the public, the means by 
                which each application submitted under paragraph (2) 
                addresses the criteria under paragraphs (3) and (4) or 
                otherwise established by the Secretary.
                    ``(B) Publication.--The methodology under 
                subparagraph (A) shall be published by the Secretary as 
                part of the notice of funding opportunity under the 
                program.
            ``(6) <<NOTE: Deadline.>> Awards.--Not later than 270 days 
        after the date on which amounts are made available to provide 
        grants under the program for a fiscal year, the Secretary shall 
        announce the selection by the Secretary of eligible projects to 
        receive the grants in accordance with this section.
            ``(7) Technical assistance.--
                    ``(A) <<NOTE: Briefings.>>  In general.--On request 
                of an eligible entity that submitted an application 
                under paragraph (2) for a project that is not selected 
                to receive a grant under the program, the Secretary 
                shall provide to the eligible entity technical 
                assistance and briefings relating to the project.
                    ``(B) Treatment.--Technical assistance provided 
                under this paragraph shall not be considered a guarantee 
                of future selection of the applicable project under the 
                program.

    ``(e) Federal Share.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Federal share of the cost of an eligible project carried out 
        using a grant provided under the program shall not exceed 80 
        percent.
            ``(2) Exception.--The Federal share of the cost of an 
        eligible project carried out in a rural area, a historically 
        disadvantaged community, or an area of persistent poverty using 
        a grant under this subsection may exceed 80 percent, at the 
        discretion of the Secretary.
            ``(3) Treatment of other federal funds.--Amounts provided 
        under any of the following programs shall be considered to be a 
        part of the non-Federal share for purposes of this subsection:
                    ``(A) The tribal transportation program under 
                section 202 of title 23.
                    ``(B) The Federal lands transportation program under 
                section 203 of title 23.
                    ``(C) The TIFIA program (as defined in section 
                601(a) of title 23).
                    ``(D) The Railroad Rehabilitation and Improvement 
                Financing Program under chapter 224.

    ``(f) Other Considerations.--
            ``(1) In general.--Of the total amount made available to 
        carry out the program for each fiscal year--
                    ``(A) not more than 50 percent shall be allocated 
                for eligible projects located in rural areas; and
                    ``(B) not more than 50 percent shall be allocated 
                for eligible projects located in urbanized areas.
            ``(2) Historically disadvantaged communities and areas of 
        persistent poverty.--Of the total amount made

[[Page 135 STAT. 675]]

        available to carry out the program for each fiscal year, not 
        less than 1 percent shall be awarded for projects in 
        historically disadvantaged communities or areas of persistent 
        poverty.
            ``(3) Multimodal and geographical considerations.--In 
        selecting projects to receive grants under the program, the 
        Secretary shall take into consideration geographical and modal 
        diversity.

    ``(g) Project Planning.--Of the amounts made available to carry out 
the program for each fiscal year, not less than 5 percent shall be made 
available for the planning, preparation, or design of eligible projects.
    ``(h) Transfer of Authority.--Of the amounts made available to carry 
out the program for each fiscal year, the Secretary may transfer not 
more than 2 percent for a fiscal year to the Administrator of any of the 
Federal Highway Administration, the Federal Transit Administration, the 
Federal Railroad Administration, or the Maritime Administration to award 
and oversee grants and credit assistance in accordance with this 
section.
    ``(i) Credit Program Costs.--
            ``(1) In general.--Subject to paragraph (2), at the request 
        of an eligible entity, the Secretary may use a grant provided to 
        the eligible entity under the program to pay the subsidy or 
        credit risk premium, and the administrative costs, of an 
        eligible project that is eligible for Federal credit assistance 
        under--
                    ``(A) chapter 224; or
                    ``(B) chapter 6 of title 23.
            ``(2) Limitation.--Not more than 20 percent of the funds 
        made available to carry out the program for a fiscal year may be 
        used to carry out paragraph (1).

    ``(j) <<NOTE: Time period.>> Authorization of Appropriations.--There 
is authorized to be appropriated to carry out this section 
$1,500,000,000 for each of fiscal years 2022 through 2026, to remain 
available for a period of 3 fiscal years following the fiscal year for 
which the amounts are appropriated.

    ``(k) Reports.--
            ``(1) <<NOTE: Web posting.>>  Annual report.--The Secretary 
        shall make available on the website of the Department of 
        Transportation at the end of each fiscal year an annual report 
        that describes each eligible project for which a grant was 
        provided under the program during that fiscal year.
            ``(2) <<NOTE: Deadline.>>  Comptroller general.--Not later 
        than 1 year after the date on which the initial grants are 
        awarded for eligible projects under the program, the Comptroller 
        General of the United States shall--
                    ``(A) <<NOTE: Review.>>  review the administration 
                of the program, including--
                          ``(i) the solicitation process; and
                          ``(ii) the selection process, including--
                                    ``(I) the adequacy and fairness of 
                                the process; and
                                    ``(II) the selection criteria; and
                    ``(B) <<NOTE: Recommenda- tions.>> submit to the 
                Committee on Commerce, Science, and Transportation of 
                the Senate and the Committee on Transportation and 
                Infrastructure of the House of Representatives a report 
                describing the findings of the review

[[Page 135 STAT. 676]]

                under subparagraph (A), including recommendations for 
                improving the administration of the program, if any.''.

    (b) <<NOTE: Reports.>> Study.--Not later than 1 year after the date 
of enactment of this Act, the Comptroller General of the United States 
shall conduct, and submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives a report describing the 
results of, a study of how changes to Federal share matching 
requirements and selection criteria, such as using State population data 
in Department discretionary programs, may impact the allocations made to 
States.

    (c) Clerical Amendment.--The analysis for subtitle III of title 49, 
United States Code, <<NOTE: 49 USC 5101 prec.>>  is amended by adding at 
the end the following:

           ``CHAPTER 67--Multimodal Infrastructure Investments

``6701. National infrastructure project assistance.
``6702. Local and regional project assistance.''.

SEC. 21203. NATIONAL CULVERT REMOVAL, REPLACEMENT, AND RESTORATION 
                            GRANT PROGRAM.

    (a) In General.--Chapter 67 of title 49, United States Code (as 
amended by section 21202(a)), is amended by adding at the end the 
following:
``Sec. 6703. <<NOTE: 49 USC 6703.>>  National culvert removal, 
                  replacement, and restoration grant program

    ``(a) Definitions.--In this section:
            ``(1) Director.--The term `Director' means the Director of 
        the United States Fish and Wildlife Service.
            ``(2) Indian tribe.--The term `Indian Tribe' has the meaning 
        given the term in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 5304).
            ``(3) Program.--The term `program' means the annual 
        competitive grant program established under subsection (b).
            ``(4) Secretary.--The term `Secretary' means the Secretary 
        of Transportation.
            ``(5) Undersecretary.--The term `Undersecretary' means the 
        Undersecretary of Commerce for Oceans and Atmosphere.

    ``(b) <<NOTE: Consultation. Fish and fishing.>>  Establishment.--The 
Secretary, in consultation with the Undersecretary, shall establish an 
annual competitive grant program to award grants to eligible entities 
for projects for the replacement, removal, and repair of culverts or 
weirs that--
            ``(1) would meaningfully improve or restore fish passage for 
        anadromous fish; and
            ``(2) with respect to weirs, may include--
                    ``(A) infrastructure to facilitate fish passage 
                around or over the weir; and
                    ``(B) weir improvements.

    ``(c) Eligible Entities.--An entity eligible to receive a grant 
under the program is--
            ``(1) a State;
            ``(2) a unit of local government; or
            ``(3) an Indian Tribe.

    ``(d) <<NOTE: Consultation. Determination. Criteria.>> Grant 
Selection Process.--The Secretary, in consultation with the 
Undersecretary and the Director, shall establish a process for 
determining criteria for awarding grants under the program, subject to 
subsection (e).

[[Page 135 STAT. 677]]

    ``(e) <<NOTE: Consultation. Procedures.>> Prioritization.--The 
Secretary, in consultation with the Undersecretary and the Director, 
shall establish procedures to prioritize awarding grants under the 
program to--
            ``(1) <<NOTE: Fish and fishing.>>  projects that would 
        improve fish passage for--
                    ``(A) anadromous fish stocks listed as an endangered 
                species or a threatened species under section 4 of the 
                Endangered Species Act of 1973 (16 U.S.C. 1533);
                    ``(B) anadromous fish stocks identified by the 
                Undersecretary or the Director that could reasonably 
                become listed as an endangered species or a threatened 
                species under that section;
                    ``(C) anadromous fish stocks identified by the 
                Undersecretary or the Director as prey for endangered 
                species, threatened species, or protected species, 
                including Southern resident orcas (Orcinus orcas); or
                    ``(D) anadromous fish stocks identified by the 
                Undersecretary or the Director as climate resilient 
                stocks; and
            ``(2) projects that would open up more than 200 meters of 
        upstream habitat before the end of the natural habitat.

    ``(f) Federal Share.--The Federal share of the cost of a project 
carried out with a grant to a State or a unit of local government under 
the program shall be not more than 80 percent.
    ``(g) <<NOTE: Consultation.>> Technical Assistance.--The Secretary, 
in consultation with the Undersecretary and the Director, shall develop 
a process to provide technical assistance to Indian Tribes and 
underserved communities to assist in the project design and grant 
process and procedures.

    ``(h) Administrative Expenses.--Of the amounts made available for 
each fiscal year to carry out the program, the Secretary, the 
Undersecretary, and the Director may use not more than 2 percent to pay 
the administrative expenses necessary to carry out this section.
    ``(i) <<NOTE: Time period.>> Authorization of Appropriations.--There 
is authorized to be appropriated to carry out the program $800,000,000 
for each of fiscal years 2022 through 2026.''.

    (b) Clerical Amendment.--The analysis for chapter 67 of title 49, 
United States Code (as added by section 21202(c)), <<NOTE: 49 USC 6701 
prec.>>  is amended by adding at the end the following:

``6703. National culvert removal, replacement, and restoration grant 
           program.''.

SEC. 21204. NATIONAL MULTIMODAL COOPERATIVE FREIGHT RESEARCH 
                            PROGRAM.

    (a) In General.--Chapter 702 of title 49, United States Code (as 
amended by section 21106(a)), is amended by inserting after section 
70204 the following:
``Sec. 70205. <<NOTE: 49 USC 70205.>>  National multimodal 
                    cooperative freight research program

    ``(a) <<NOTE: Deadline.>> Establishment.--Not later than 1 year 
after the date of enactment of this section, the Secretary of 
Transportation (referred to in this section as the `Secretary') shall 
establish and support a national cooperative freight transportation 
research program.

    ``(b) Administration by National Academy of Sciences.--
            ``(1) <<NOTE: Contracts.>> In general.--The Secretary shall 
        enter into an agreement with the National Academy of Sciences to 
        support and

[[Page 135 STAT. 678]]

        carry out administrative and management activities under the 
        program established under subsection (a).
            ``(2) <<NOTE: Establishment.>> Advisory committee.--To 
        assist the National Academy of Sciences in carrying out this 
        subsection, the National Academy shall establish an advisory 
        committee, the members of which represent a cross-section of 
        multimodal freight stakeholders, including--
                    ``(A) the Department of Transportation and other 
                relevant Federal departments and agencies;
                    ``(B) State (including the District of Columbia) 
                departments of transportation;
                    ``(C) units of local government, including public 
                port authorities;
                    ``(D) nonprofit entities;
                    ``(E) institutions of higher education;
                    ``(F) labor organizations representing employees in 
                freight industries; and
                    ``(G) private sector entities representing various 
                transportation modes.

    ``(c) Activities.--
            ``(1) National research agenda.--
                    ``(A) <<NOTE: Consultation. Recommenda- 
                tions. Strategic plan.>>  In general.--The advisory 
                committee established under subsection (b)(2), in 
                consultation with interested parties, shall recommend a 
                national research agenda for the program in accordance 
                with subsection (d), which shall include a multiyear 
                strategic plan.
                    ``(B) Action by interested parties.--For purposes of 
                subparagraph (A), an interested party may--
                          ``(i) <<NOTE: Proposals.>> submit to the 
                      advisory committee research proposals;
                          ``(ii) <<NOTE: Reviews.>>  participate in 
                      merit reviews of research proposals and peer 
                      reviews of research products; and
                          ``(iii) receive research results.
            ``(2) Research contracts and grants.--
                    ``(A) In general.--The National Academy of Sciences 
                may award research contracts and grants under the 
                program established under subsection (a) through--
                          ``(i) open competition; and
                          ``(ii) <<NOTE: Reviews.>>  merit review, 
                      conducted on a regular basis.
                    ``(B) Evaluation.--
                          ``(i) Peer review.--A contract or grant for 
                      research under subparagraph (A) may allow peer 
                      review of the research results.
                          ``(ii) Programmatic evaluations.--The National 
                      Academy of Sciences may conduct periodic 
                      programmatic evaluations on a regular basis of a 
                      contract or grant for research under subparagraph 
                      (A).
                    ``(C) Dissemination of findings.--The National 
                Academy of Sciences shall disseminate the findings of 
                any research conducted under this paragraph to relevant 
                researchers, practitioners, and decisionmakers through--
                          ``(i) conferences and seminars;
                          ``(ii) field demonstrations;
                          ``(iii) workshops;
                          ``(iv) training programs;
                          ``(v) presentations;
                          ``(vi) testimony to government officials;

[[Page 135 STAT. 679]]

                          ``(vii) publicly accessible websites;
                          ``(viii) publications for the general public; 
                      and
                          ``(ix) other appropriate means.
            ``(3) <<NOTE: Public information. Web posting.>> Report.--
        Not later than 1 year after the date of establishment of the 
        program under subsection (a), and annually thereafter, the 
        Secretary shall make available on a public website a report that 
        describes the ongoing research and findings under the program.

    ``(d) Areas for Research.--The national research agenda under 
subsection (c)(1) shall consider research in the following areas:
            ``(1) Improving the efficiency and resiliency of freight 
        movement, including--
                    ``(A) improving the connections between rural areas 
                and domestic and foreign markets;
                    ``(B) maximizing infrastructure utility, including 
                improving urban curb-use efficiency;
                    ``(C) quantifying the national impact of blocked 
                railroad crossings;
                    ``(D) improved techniques for estimating and 
                quantifying public benefits derived from freight 
                transportation projects; and
                    ``(E) low-cost methods to reduce congestion at 
                bottlenecks.
            ``(2) Adapting to future trends in freight, including--
                    ``(A) considering the impacts of e-commerce;
                    ``(B) automation; and
                    ``(C) zero-emissions transportation.
            ``(3) Workforce considerations in freight, including--
                    ``(A) diversifying the freight transportation 
                industry workforce; and
                    ``(B) creating and transitioning a workforce capable 
                of designing, deploying, and operating emerging 
                technologies.

    ``(e) Federal Share.--
            ``(1) In general.--The Federal share of the cost of an 
        activity carried out under this section shall be up to 100 
        percent.
            ``(2) Use of non-federal funds.--In addition to using funds 
        made available to carry out this section, the National Academy 
        of Sciences may seek and accept additional funding from public 
        and private entities capable of accepting funding from the 
        Department of Transportation, States, units of local government, 
        nonprofit entities, and the private sector.

    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary $3,750,000 for each fiscal year to carry 
out the program established under subsection (a), to remain available 
until expended.
    ``(g) Sunset.--The program established under subsection (a) shall 
terminate 5 years after the date of enactment of this section.''.
    (b) Clerical Amendment.--The analysis for chapter 702 of title 49, 
United States Code <<NOTE: 49 USC 70201 prec.>>  (as amended by section 
21106(b)), is amended by inserting after the item relating to section 
70204 the following:

``70205. National multimodal cooperative freight research program.''.

[[Page 135 STAT. 680]]

SEC. 21205. RURAL AND TRIBAL INFRASTRUCTURE ADVANCEMENT.

    (a) <<NOTE: 49 USC 116 note.>>  Definitions.--In this section:
            (1) Build america bureau.--The term ``Build America Bureau'' 
        means the National Surface Transportation and Innovative Finance 
        Bureau established under section 116 of title 49, United States 
        Code.
            (2) Eligible entity.--The term ``eligible entity'' means--
                    (A) a unit of local government or political 
                subdivision that is located outside of an urbanized area 
                with a population of more than 150,000 residents, as 
                determined by the Bureau of the Census;
                    (B) a State seeking to advance a project located in 
                an area described in subparagraph (A);
                    (C) a federally recognized Indian Tribe; and
                    (D) the Department of Hawaiian Home Lands.
            (3) Eligible program.--The term ``eligible program'' means 
        any program described in--
                    (A) subparagraph (A) or (B) of section 116(d)(1) of 
                title 49, United States Code;
                    (B) section 118(d)(3)(A) of that title (as added by 
                section 21101(a)); or
                    (C) chapter 67 of that title (as added by section 
                21201).
            (4) Pilot program.--The term ``pilot program'' means the 
        Rural and Tribal Assistance Pilot Program established under 
        subsection (b)(1).

    (b) Establishment.--
            (1) In general.--The Secretary shall establish within the 
        Build America Bureau a pilot program, to be known as the ``Rural 
        and Tribal Assistance Pilot Program'', to provide to eligible 
        entities the assistance and information described in paragraph 
        (2).
            (2) Assistance and information.--In carrying out the pilot 
        program, the Secretary may provide to an eligible entity the 
        following:
                    (A) Financial, technical, and legal assistance to 
                evaluate potential projects reasonably expected to be 
                eligible to receive funding or financing assistance 
                under an eligible program.
                    (B) Assistance with development-phase activities, 
                including--
                          (i) project planning;
                          (ii) feasibility studies;
                          (iii) revenue forecasting and funding and 
                      financing options analyses;
                          (iv) environmental review;
                          (v) preliminary engineering and design work;
                          (vi) economic assessments and cost-benefit 
                      analyses;
                          (vii) public benefit studies;
                          (viii) statutory and regulatory framework 
                      analyses;
                          (ix) value for money studies;
                          (x) evaluations of costs to sustain the 
                      project;
                          (xi) evaluating opportunities for private 
                      financing and project bundling; and
                          (xii) any other activity determined to be 
                      appropriate by the Secretary.

[[Page 135 STAT. 681]]

                    (C) Information regarding innovative financing best 
                practices and case studies, if the eligible entity is 
                interested in using innovative financing methods.

    (c) 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 providing financial, technical, and 
legal assistance to eligible entities under the pilot program.
    (d) Website.--
            (1) Description of pilot program.--
                    (A) <<NOTE: Public information.>>  In general.--The 
                Secretary shall make publicly available on the website 
                of the Department a description of the pilot program, 
                including--
                          (i) the resources available to eligible 
                      entities under the pilot program; and
                          (ii) the application process established under 
                      paragraph (2)(A).
                    (B) Clearinghouse.--The Secretary may establish a 
                clearinghouse for tools, templates, and best practices 
                on the page of the website of the Department that 
                contains the information described in subparagraph (A).
            (2) Applications.--
                    (A) <<NOTE: Deadline.>>  In general.--Not later than 
                180 days after the date of enactment of this Act, the 
                Secretary shall establish a process by which an eligible 
                entity may submit to the Secretary an application under 
                the pilot program, in such form and containing such 
                information as the Secretary may require.
                    (B) <<NOTE: Public information.>>  Online portal.--
                The Secretary shall develop and make available to the 
                public an online portal through which the Secretary may 
                receive applications under subparagraph (A), on a 
                rolling basis.
                    (C) <<NOTE: Deadlines.>>  Approval.--
                          (i) <<NOTE: Notice.>>  In general.--Not later 
                      than 60 days after the date on which the Secretary 
                      receives a complete application under subparagraph 
                      (A), the Secretary shall provide to each eligible 
                      entity that submitted the application a notice 
                      describing whether the application is approved or 
                      disapproved.
                          (ii) Additional written notification.--
                                    (I) In general.--Not later than 30 
                                days after the date on which the 
                                Secretary provides to an eligible entity 
                                a notification under clause (i), the 
                                Secretary shall provide to the eligible 
                                entity an additional written 
                                notification of the approval or 
                                disapproval of the application.
                                    (II) <<NOTE: Briefing.>>  
                                Disapproved applications.--If the 
                                application of an eligible entity is 
                                disapproved under this subparagraph, the 
                                additional written notification provided 
                                to the eligible entity under subclause 
                                (I) shall include an offer for a written 
                                or telephonic debrief by the Secretary 
                                that will provide an explanation of, and 
                                guidance regarding, the reasons why the 
                                application was disapproved.
                          (iii) Insufficient applications.--The 
                      Secretary shall not approve an application under 
                      this subparagraph if the application fails to meet 
                      the applicable criteria established under this 
                      section.

[[Page 135 STAT. 682]]

            (3) <<NOTE: Web postings. Reports.>>  Dashboard.--The 
        Secretary shall publish on the website of the Department a 
        monthly report that includes, for each application received 
        under the pilot program--
                    (A) the type of eligible entity that submitted the 
                application;
                    (B) the location of each potential project described 
                in the application;
                    (C) a brief description of the assistance requested;
                    (D) the date on which the Secretary received the 
                application; and
                    (E) the date on which the Secretary provided the 
                notice of approval or disapproval under paragraph 
                (2)(C)(i).

    (e) Experts.--An eligible entity that receives assistance under the 
pilot program may retain the services of an expert for any phase of a 
project carried out using the assistance, including project development, 
regardless of whether the expert is retained by the Secretary under 
subsection (c).
    (f) Funding.--
            (1) In general.--For each of fiscal years 2022 through 2026, 
        the Secretary may use to carry out the pilot program, including 
        to retain the services of expert firms under subsection (c), any 
        amount made available to the Secretary to provide credit 
        assistance under an eligible program that is not otherwise 
        obligated, subject to paragraph (2).
            (2) Limitation.--The amount used under paragraph (1) to 
        carry out the pilot program shall be not more than--
                    (A) $1,600,000 for fiscal year 2022;
                    (B) $1,800,000 for fiscal year 2023;
                    (C) $2,000,000 for fiscal year 2024;
                    (D) $2,200,000 for fiscal year 2025; and
                    (E) $2,400,000 for fiscal year 2026.
            (3) Geographical distribution.--Not more than 20 percent of 
        the funds made available to carry out the pilot program for a 
        fiscal year may be used for projects in a single State during 
        that fiscal year.

    (g) Sunset.--The pilot program shall terminate on the date that is 5 
years after the date of enactment of this Act.
    (h) Nonapplicability.--Nothing in this section limits the ability of 
the Build America Bureau or the Secretary to establish or carry out any 
other assistance program under title 23 or title 49, United States Code.
    (i) Administration by Build America Bureau.--Section 116(d)(1) of 
title 49, United States Code (as amended by section 21101(d)(4)), is 
amended by adding at the end the following:
                    ``(D) The Rural and Tribal Assistance Pilot Program 
                established under section 21205(b)(1) of the Surface 
                Transportation Investment Act of 2021.''.

  Subtitle C--Railroad Rehabilitation and Improvement Financing Reforms

SEC. 21301. RRIF CODIFICATION AND REFORMS.

    (a) Codification of Title V of the Railroad Revitalization and 
Regulatory Reform Act of 1976.--Part B of subtitle V of title 49, United 
States Code, <<NOTE: 49 USC 22401 prec.>>  is amended--

[[Page 135 STAT. 683]]

            (1) by inserting after chapter 223 <<NOTE: 49 USC 22401 
        prec.>>  the following chapter analysis:

    ``Chapter 224--Railroad Rehabilitation and Improvement Financing

``Sec.
``22401. Definitions.
``22402. Direct loans and loan guarantees.
``22403. Administration of direct loans and loan guarantees.
``22404. Employee protection.
``22405. Substantive criteria and standards.
``22406. Authorization of appropriations.'';

            (2) by inserting after the chapter analysis the following 
        section headings:
``Sec. 22401. <<NOTE: 49 USC 22401.>>  Definitions
``Sec. 22402. <<NOTE: 49 USC 22402.>>  Direct loans and loan 
                    guarantees
``Sec. 22403. <<NOTE: 49 USC 22403.>>  Administration of direct 
                    loans and loan guarantees
``Sec. 22404. <<NOTE: 49 USC 22404.>>  Employee protection'';
            (3) by inserting after the section heading for section 
        22401, as added by paragraph (2), the text of section 501 of the 
        Railroad Revitalization and Regulatory Reform Act of 1976 (45 
        U.S.C. 821);
            (4) by inserting after the section heading for section 
        22402, as added by paragraph (2), the text of section 502 of the 
        Railroad Revitalization and Regulatory Reform Act of 1976 (45 
        U.S.C. 822);
            (5) by inserting after the section heading for section 
        22403, as added by paragraph (2), the text of section 503 of the 
        Railroad Revitalization and Regulatory Reform Act of 1976 (45 
        U.S.C. 823); and
            (6) by inserting after the section heading for section 
        22404, as added by paragraph (2), the text of section 504 of the 
        Railroad Revitalization and Regulatory Reform Act of 1976 (45 
        U.S.C. 836).

    (b) Conforming Repeals.--
            (1) Repeals.--
                    (A) Sections 501, 502, 503, and 504 of the Railroad 
                Revitalization and Regulatory Reform Act of 1976 (45 
                U.S.C. 821, 822, 823, and 836) are repealed.
                    (B) Section 9003(j) of the Safe, Accountable, 
                Flexible, Efficient Transportation Equity Act: A Legacy 
                for Users (45 U.S.C. 822 note) is repealed.
            (2) <<NOTE: 45 USC 821 note.>>  Savings provision.--The 
        repeals under paragraph (1) shall not affect the rights and 
        duties that matured under the repealed sections, the penalties 
        that were incurred under such sections, or any proceeding 
        authorized under any such section that commenced before the date 
        of enactment of this Act.

    (c) Definitions.--
            (1) Headings.--Section 22401 of title 49, United States 
        Code, as added by subsection (a)(2), and amended by subsection 
        (a)(3), is further amended--
                    (A) in paragraph (1)--
                          (i) by striking ``(1)(A) The'' and inserting 
                      the following:
            ``(1) Cost.--
                    ``(A) The''; and

[[Page 135 STAT. 684]]

                          (ii) by indenting subparagraphs (B) through 
                      (F) appropriately; and
                    (B) in each of paragraphs (2) through (14), by 
                inserting a paragraph heading, the text of which is 
                comprised of the term defined in the paragraph.
            (2) Other technical amendments.--Section 22401 of title 49, 
        United States Code, as added by subsection (a)(2), and amended 
        by subsection (a)(3) and paragraph (1) of this subsection, is 
        further amended--
                    (A) in the matter preceding paragraph (1), by 
                striking ``For purposes of this title:'' and inserting 
                ``In this chapter:'';
                    (B) in paragraph (11), by striking ``under this 
                title'' and inserting ``under this chapter'';
                    (C) by amending paragraph (12) to read as follows:
            ``(12) Railroad.--The term `railroad' includes--
                    ``(A) any railroad or railroad carrier (as such 
                terms are defined in section 20102); and
                    ``(B) any rail carrier (as defined in section 
                24102).'';
                    (D) by redesignating paragraph (14) as paragraph 
                (15); and
                    (E) by inserting after paragraph (13) the following:
            ``(14) Secretary.--The term `Secretary' means the Secretary 
        of Transportation.''.

    (d) Direct Loans and Loan Guarantees.--Section 22402 of title 49, 
United States Code, as added by subsection (a)(2), and amended by 
subsection (a)(4), is further amended--
            (1) in subsection (a)--
                    (A) in paragraph (2), by inserting ``entities 
                implementing'' before ``interstate compacts'';
                    (B) in paragraph (5)--
                          (i) by inserting ``entities participating in'' 
                      before ``joint ventures''; and
                          (ii) by striking ``and'' at the end; and
                    (C) by striking paragraph (6) and inserting the 
                following:
            ``(6) limited option freight shippers that own or operate a 
        plant or other facility, solely for the purpose of constructing 
        a rail connection between a plant or facility and a railroad; 
        and
            ``(7) private entities with controlling ownership in 1 or 
        more freight railroads other than Class I carriers.'';
            (2) in subsection (b)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) In general.--Direct loans and loan guarantees 
        authorized under this section shall be used--
                    ``(A) to acquire, improve, or rehabilitate 
                intermodal or rail equipment or facilities, including 
                track, components of track, cuts and fills, stations, 
                tunnels, bridges, yards, buildings, and shops, and to 
                finance costs related to those activities, including 
                pre-construction costs;
                    ``(B) to develop or establish new intermodal or 
                railroad facilities;
                    ``(C) to develop landside port infrastructure for 
                seaports serviced by rail;
                    ``(D) to refinance outstanding debt incurred for the 
                purposes described in subparagraph (A) , (B), or (C);

[[Page 135 STAT. 685]]

                    ``(E) <<NOTE: Reimbursement.>>  to reimburse 
                planning, permitting, and design expenses relating to 
                activities described in subparagraph (A), (B), or (C); 
                or
                    ``(F) to finance economic development, including 
                commercial and residential development, and related 
                infrastructure and activities, that--
                          ``(i) incorporates private investment of 
                      greater than 20 percent of total project costs;
                          ``(ii) is physically connected to, or is 
                      within \1/2\ mile of, a fixed guideway transit 
                      station, an intercity bus station, a passenger 
                      rail station, or a multimodal station, provided 
                      that the location includes service by a railroad;
                          ``(iii) <<NOTE: Deadline.>>  demonstrates the 
                      ability of the applicant to commence the 
                      contracting process for construction not later 
                      than 90 days after the date on which the direct 
                      loan or loan guarantee is obligated for the 
                      project under this chapter; and
                          ``(iv) demonstrates the ability to generate 
                      new revenue for the relevant passenger rail 
                      station or service by increasing ridership, 
                      increasing tenant lease payments, or carrying out 
                      other activities that generate revenue exceeding 
                      costs.''; and
                    (B) by striking paragraph (3);
            (3) in subsection (c)--
                    (A) in paragraph (1), by striking ``of title 49, 
                United States Code''; and
                    (B) in paragraph (5), by striking ``title 49, United 
                States Code,'' and inserting ``this title'';
            (4) in subsection (e), by amending paragraph (1) to read as 
        follows:
            ``(1) Direct loans.--The interest rate on a direct 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.'';
            (5) in subsection (f)--
                    (A) in paragraph (3)--
                          (i) in the matter preceding subparagraph (A)--
                                    (I) by striking ``An applicant may 
                                propose and'' and inserting ``Upon 
                                receipt of a proposal from an applicant 
                                under this section,''; and
                                    (II) by striking ``tangible asset'' 
                                and inserting ``collateral described in 
                                paragraph (6)'';
                          (ii) in subparagraph (B)(ii), by inserting ``, 
                      including operating or tenant charges, facility 
                      rents, or other fees paid by transportation 
                      service providers or operators for access to, or 
                      the use of, infrastructure, including rail lines, 
                      bridges, tunnels, yards, or stations'' after 
                      ``user fees'';
                          (iii) in subparagraph (C), by striking 
                      ``$75,000,000'' and inserting ``$150,000,000''; 
                      and
                          (iv) by adding at the end the following:
                    ``(D) Revenue from projected freight or passenger 
                demand for the project based on regionally developed 
                economic forecasts, including projections of any modal 
                diversion resulting from the project.''; and

[[Page 135 STAT. 686]]

                    (B) by adding at the end the following:
            ``(5) <<NOTE: Deadline.>>  Cohorts of loans.--Subject to the 
        availability of funds appropriated by Congress under section 
        22406(a)(2), for any direct loan issued before the date of 
        enactment of the Fixing America's Surface Transportation Act 
        (Public Law 114-94) pursuant to sections 501 through 504 of the 
        Railroad Revitalization and Regulatory Reform Act of 1976 
        (Public Law 94-210), the Secretary shall repay the credit risk 
        premiums of such loan, with interest accrued thereon, not later 
        than--
                    ``(A) 60 days after the date of enactment of the 
                Surface Transportation Investment Act of 2021 if the 
                borrower has satisfied all obligations attached to such 
                loan; or
                    ``(B) if the borrower has not yet satisfied all 
                obligations attached to such loan, 60 days after the 
                date on which all obligations attached to such loan have 
                been satisfied.
            ``(6) Collateral.--
                    ``(A) <<NOTE: Evaluations.>>  Types of collateral.--
                An applicant or infrastructure partner may propose 
                tangible and intangible assets as collateral, exclusive 
                of goodwill. The Secretary, after evaluating each such 
                asset--
                          ``(i) shall accept a net liquidation value of 
                      collateral; and
                          ``(ii) shall consider and may accept--
                                    ``(I) the market value of 
                                collateral; or
                                    ``(II) in the case of a blanket 
                                pledge or assignment of an entire 
                                operating asset or basket of assets as 
                                collateral, the market value of assets, 
                                or, the market value of the going 
                                concern, considering--
                                            ``(aa) inclusion in the 
                                        pledge of all the assets 
                                        necessary for independent 
                                        operational utility of the 
                                        collateral, including tangible 
                                        assets such as real property, 
                                        track and structure, motive 
                                        power, equipment and rolling 
                                        stock, stations, systems and 
                                        maintenance facilities and 
                                        intangible assets such as long-
                                        term shipping agreements, 
                                        easements, leases and access 
                                        rights such as for trackage and 
                                        haulage;
                                            ``(bb) interchange 
                                        commitments; and
                                            ``(cc) the value of the 
                                        asset as determined through the 
                                        cost or market approaches, or 
                                        the market value of the going 
                                        concern, with the latter 
                                        considering discounted cash 
                                        flows for a period not to exceed 
                                        the term of the direct loan or 
                                        loan guarantee.
                    ``(B) Appraisal standards.--In evaluating appraisals 
                of collateral under subparagraph (A), the Secretary 
                shall consider--
                          ``(i) adherence to the substance and 
                      principles of the Uniform Standards of 
                      Professional Appraisal Practice, as developed by 
                      the Appraisal Standards Board of the Appraisal 
                      Foundation; and
                          ``(ii) the qualifications of the appraisers to 
                      value the type of collateral offered.
            ``(7) Repayment of credit risk premiums.--The Secretary 
        shall return credit risk premiums paid, and interest accrued

[[Page 135 STAT. 687]]

        on such premiums, to the original source when all obligations of 
        a loan or loan guarantee have been satisfied. This paragraph 
        applies to any project that has been granted assistance under 
        this section after the date of enactment of the Surface 
        Transportation Investment Act of 2021.'';
            (6) in subsection (g), by amending paragraph (1) the read as 
        follows:
            ``(1) <<NOTE: Time period.>>  repayment of the obligation is 
        required to be made within a term that is not longer than the 
        shorter of--
                    ``(A) 75 years after the date of substantial 
                completion of the project;
                    ``(B) the estimated useful life of the rail 
                equipment or facilities to be acquired, rehabilitated, 
                improved, developed, or established, subject to an 
                adequate determination of long-term risk; or
                    ``(C) for projects determined to have an estimated 
                useful life that is longer than 35 years, the period 
                that is equal to the sum of--
                          ``(i) 35 years; and
                          ``(ii) the product of--
                                    ``(I) the difference between the 
                                estimated useful life and 35 years; 
                                multiplied by
                                    ``(II) 75 percent.'';
            (7) in subsection (h)--
                    (A) in paragraph (3)--
                          (i) in subparagraph (A)--
                                    (I) by striking ``of title 49, 
                                United States Code'';
                                    (II) by striking ``the National 
                                Railroad Passenger Corporation'' and 
                                inserting ``Amtrak''; and
                                    (III) by striking ``of that title''; 
                                and
                          (ii) in subparagraph (B), by striking 
                      ``section 504 of this Act'' and inserting 
                      ``section 22404''; and
                    (B) in paragraph (4), by striking ``(b)(1)(E)'' and 
                inserting ``(b)(1)(F)'';
            (8) in subsection (i)--
                    (A) by amending paragraph (4) to read as follows:
            ``(4) <<NOTE: Loans.>>  Streamlined application review 
        process.--
                    ``(A) <<NOTE: Deadline. Procedures.>>  In general.--
                Not later than 180 days after the date of enactment of 
                the Surface Transportation Investment Act of 2021, the 
                Secretary shall implement procedures and measures to 
                economize and make available an streamlined application 
                process or processes at the request of applicants 
                seeking loans or loan guarantees.
                    ``(B) Criteria.--Applicants seeking loans and loan 
                guarantees under this section shall--
                          ``(i) seek a total loan or loan guarantee 
                      value not exceeding $150,000,000;
                          ``(ii) meet eligible project purposes 
                      described in subparagraphs (A) and (B) of 
                      subsection (b)(1); and
                          ``(iii) <<NOTE: Consultation.>>  meet other 
                      criteria considered appropriate by the Secretary, 
                      in consultation with the Council on Credit and 
                      Finance of the Department of Transportation.
                    ``(C) <<NOTE: Time period.>>  Expedited credit 
                review.--The total period between the submission of an 
                application and the approval or disapproval of an 
                application for a direct loan or loan guarantee under 
                this paragraph may not exceed 90 days.

[[Page 135 STAT. 688]]

                If an application review conducted under this paragraph 
                exceeds 90 days, the Secretary shall--
                          ``(i) <<NOTE: Notice. Estimate.>>  provide 
                      written notice to the applicant, including a 
                      justification for the delay and updated estimate 
                      of the time needed for approval or disapproval; 
                      and
                          ``(ii) <<NOTE: Publication.>>  publish the 
                      notice on the dashboard described in paragraph 
                      (5).'';
                    (B) in paragraph (5)--
                          (i) in subparagraph (E), by striking ``and'' 
                      at the end;
                          (ii) in subparagraph (F), by adding ``; and'' 
                      at the end; and
                          (iii) by adding at the end the following:
                    ``(G) whether the project utilized the streamlined 
                application process under paragraph (4).''; and
                    (C) by adding at the end the following:
            ``(6) Creditworthiness review status.--
                    ``(A) In general.--The Secretary shall maintain 
                status information related to each application for a 
                loan or loan guarantee, which shall be provided to the 
                applicant upon request, including--
                          ``(i) the total value of the proposed loan or 
                      loan guarantee;
                          ``(ii) the name of the applicant or applicants 
                      submitting the application;
                          ``(iii) the proposed capital structure of the 
                      project to which the loan or loan guarantee would 
                      be applied, including the proposed Federal and 
                      non-Federal shares of the total project cost;
                          ``(iv) the type of activity to receive credit 
                      assistance, including whether the project is new 
                      construction, the rehabilitation of existing rail 
                      equipment or facilities, or the refinancing an 
                      existing loan or loan guarantee;
                          ``(v) if a deferred payment is proposed, the 
                      length of such deferment;
                          ``(vi) the credit rating or ratings provided 
                      for the applicant;
                          ``(vii) if other credit instruments are 
                      involved, the proposed subordination relationship 
                      and a description of such other credit 
                      instruments;
                          ``(viii) <<NOTE: Schedule.>>  a schedule for 
                      the readiness of proposed investments for 
                      financing;
                          ``(ix) a description of any Federal permits 
                      required, including under the National 
                      Environmental Policy Act of 1969 (42 U.S.C. 4321 
                      et seq.) and any waivers under section 5323(j) 
                      (commonly known as the `Buy America Act');
                          ``(x) other characteristics of the proposed 
                      activity to be financed, borrower, key agreements, 
                      or the nature of the credit that the Secretary 
                      considers to be fundamental to the 
                      creditworthiness review;
                          ``(xi) the status of the application in the 
                      pre-application review and selection process;
                          ``(xii) the cumulative amounts paid by the 
                      Secretary to outside advisors related to the 
                      application, including financial and legal 
                      advisors;

[[Page 135 STAT. 689]]

                          ``(xiii) <<NOTE: Determination.>>  a 
                      description of the key rating factors used by the 
                      Secretary to determine credit risk, including--
                                    ``(I) the factors used to determine 
                                risk for the proposed application;
                                    ``(II) an adjectival risk rating for 
                                each identified factor, ranked as either 
                                low, moderate, or high;
                          ``(xiv) <<NOTE: Estimate.>>  a nonbinding 
                      estimate of the credit risk premium, which may be 
                      in the form of--
                                    ``(I) a range, based on the 
                                assessment of risk factors described in 
                                clause (xiii); or
                                    ``(II) a justification for why the 
                                estimate of the credit risk premium 
                                cannot be determined based on available 
                                information; and
                          ``(xv) a description of the key information 
                      the Secretary needs from the applicant to complete 
                      the credit review process and make a final 
                      determination of the credit risk premium.
                    ``(B) Report upon request.--The Secretary shall 
                provide the information described in subparagraph (A) 
                not later than 30 days after a request from the 
                applicant.
                    ``(C) Exception.--Applications processed using the 
                streamlined application review process under paragraph 
                (4) are not subject to the requirements under this 
                paragraph.'';
            (9) in subsection (l)(2)(A)(iii), by striking ``under this 
        title'' and inserting ``under this chapter'';
            (10) in subsection (m)(1), by striking ``under this title'' 
        and inserting ``under this chapter''; and
            (11) by adding at the end the following:

    ``(n) Non-Federal Share.--The proceeds of a loan provided under this 
section may be used as the non-Federal share of project costs for any 
grant program administered by the Secretary if such loan is repayable 
from non-Federal funds.''.
    (e) Administration of Direct Loans and Loan Guarantees.--Section 
22403 of title 49, United States Code, as added by subsection (a)(2), 
and amended by subsection (a)(5), is further amended--
            (1) in subsection (a)--
                    (A) by striking ``The Secretary shall'' and 
                inserting the following:
            ``(1) In general.--The Secretary shall'';
                    (B) in paragraph (1), as designated by subparagraph 
                (A), by striking ``section 502'' and inserting ``section 
                22402''; and
                    (C) by adding at the end the following:
            ``(2) Documentation.--An applicant meeting the size standard 
        for small business concerns established under section 3(a)(2) of 
        the Small Business Act (15 U.S.C. 632(a)(2)) may provide 
        unaudited financial statements as documentation of historical 
        financial information if such statements are accompanied by the 
        applicant's Federal tax returns and Internal Revenue Service tax 
        verifications for the corresponding years.'';
            (2) in subsection (d)(3), by striking ``section 502(f)'' and 
        inserting ``section 22402(f)'';
            (3) in subsection (l)(3)(B), by striking ``serving a direct 
        loan'' and inserting ``servicing a direct loan''; and
            (4) in each of subsections (b) through (m), as applicable--

[[Page 135 STAT. 690]]

                    (A) by striking ``section 502'' each place it 
                appears and inserting ``section 22402''; and
                    (B) by striking ``this title'' each place it appears 
                and inserting ``this chapter''.

    (f) Employee Protection.--Section 22404 of title 49, United States 
Code, as added by subsection (a)(2), and amended by subsection (a)(6), 
is further amended--
            (1) in subsection (a)--
                    (A) by striking ``not otherwise protected under 
                title V of the Regional Rail Reorganization Act of 1973 
                (45 U.S.C. 771 et seq.),'';
                    (B) by striking ``under this title'' and inserting 
                ``under this chapter'';
                    (C) by striking ``within 120 days after the date of 
                enactment of this title'' and inserting ``not later than 
                120 days after February 5, 1976''; and
                    (D) by striking ``within 150 days after the date of 
                enactment of this title'' and inserting ``not later than 
                150 days after February 5, 1976'';
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1)--
                          (i) by striking ``applicable financial 
                      assistance under this title'' and inserting 
                      ``applicable financial assistance under this 
                      chapter''; and
                          (ii) by striking ``from financial assistance 
                      under this title'' and inserting ``from financial 
                      assistance under this chapter'';
                    (B) in paragraph (3), by striking ``under this 
                title'' and inserting ``under this chapter''; and
                    (C) in paragraph (4), by striking ``to this title'' 
                and inserting ``to this chapter''; and
            (3) in subsection (c), by striking ``to this title'' and 
        inserting ``to this chapter''.

    (g) Substantive Criteria and Standards.--Chapter 224 of title 49, 
United States Code, as added by subsection (a), and amended by 
subsections (c) through (f), is further amended by adding at the end the 
following:
``Sec. 22405. <<NOTE: 49 USC 22405.>>  Substantive criteria and 
                    standards

    ``The Secretary shall--
            ``(1) <<NOTE: Federal Register, publication. Web 
        posting. Determination.>>  publish in the Federal Register and 
        post on a website of the Department of Transportation the 
        substantive criteria and standards used by the Secretary to 
        determine whether to approve or disapprove applications 
        submitted under section 22402; and
            ``(2) <<NOTE: Procedures. Guidelines. Deadlines.>>  ensure 
        that adequate procedures and guidelines are in place to permit 
        the filing of complete applications not later than 30 days after 
        the publication referred to in paragraph (1).''.

    (h) Authorization of Appropriations.--Chapter 224 of title 49, 
United States Code, as added by subsection (a), and amended by 
subsections (c) through (g), is further amended by adding at the end the 
following:
``Sec. 22406. <<NOTE: 49 USC 22406.>>  Authorization of 
                    appropriations.

    ``(a) Authorization.--

[[Page 135 STAT. 691]]

            ``(1) <<NOTE: Time period.>>  In general.--There is 
        authorized to be appropriated for credit assistance under this 
        chapter, which shall be provided at the discretion of the 
        Secretary, $50,000,000 for each of fiscal years 2022 through 
        2026.
            ``(2) Refund of premium.--There is authorized to be 
        appropriated to the Secretary $70,000,000 to repay the credit 
        risk premium in accordance with section 22402(f)(5).
            ``(3) Availability.--Amounts appropriated pursuant to this 
        subsection shall remain available until expended.

    ``(b) Use of Funds.--
            ``(1) In general.--Credit assistance provided under 
        subsection (a) may not exceed $20,000,000 for any loan or loan 
        guarantee.
            ``(2) Administrative costs.--Not less than 3 percent of the 
        amounts appropriated pursuant to subsection (a) in each fiscal 
        year shall be made available to the Secretary for use in place 
        of charges collected under section 22403(l)(1) for passenger 
        railroads and freight railroads other than Class I carriers.
            ``(3) Short line set-aside.--Not less than 50 percent of the 
        amounts appropriated pursuant to subsection (a)(1) for each 
        fiscal year shall be set aside for freight railroads other than 
        Class I carriers.''.

    (i) Clerical Amendment.--The analysis for title 49, United States 
Code, is <<NOTE: 49 USC 20101 prec.>>  amended by inserting after the 
item relating to chapter 223 the following:
``224 . Railroad rehabilitation and improvement financing.......22401''.

    (j) Technical and Conforming Amendments.--
            (1) National trails system act.--Section 8(d) of the 
        National Trails System Act (16 U.S.C. 1247(d)) is amended by 
        inserting ``(45 U.S.C. 801 et seq.) and chapter 224 of title 49, 
        United States Code'' after ``1976''.
            (2) Passenger rail reform and investment act.--Section 
        11315(c) of the Passenger Rail Reform and Investment Act of 2015 
        (23 U.S.C. 322 note; Public Law 114-94) is amended by striking 
        ``sections 502 and 503 of the Railroad Revitalization and 
        Regulatory Reform Act of 1976'' and inserting ``sections 22402 
        and 22403 of title 49, United States Code''.
            (3) Provisions classified in title 45, united states code.--
                    (A) Railroad revitalization and regulatory reform 
                act of 1976.--Section 101 of the Railroad Revitalization 
                and Regulatory Reform Act of 1976 (45 U.S.C. 801) is 
                amended--
                          (i) in subsection (a), in the matter preceding 
                      paragraph (1), by striking ``It is the purpose of 
                      the Congress in this Act to'' and inserting ``The 
                      purpose of this Act and chapter 224 of title 49, 
                      United States Code, is to''; and
                          (ii) in subsection (b), in the matter 
                      preceding paragraph (1), by striking ``It is 
                      declared to be the policy of the Congress in this 
                      Act'' and inserting ``The policy of this Act and 
                      chapter 224 of title 49, United States Code, is''.
                    (B) Railroad infrastructure financing improvement 
                act.--The Railroad Infrastructure Financing

[[Page 135 STAT. 692]]

                Improvement Act (subtitle F of title XI of Public Law 
                114-94) is amended--
                          (i) in section 11607(b) (45 U.S.C. 821 note), 
                      by striking ``All provisions under sections 502 
                      through 504 of the Railroad Revitalization and 
                      Regulatory Reform Act of 1976 (45 U.S.C. 801 et 
                      seq.)'' and inserting ``All provisions under 
                      section 22402 through 22404 of title 49, United 
                      States Code,''; and
                          (ii) in section 11610(b) (45 U.S.C. 821 note), 
                      by striking ``section 502(f) of the Railroad 
                      Revitalization and Regulatory Reform Act of 1976 
                      (45 U.S.C. 822(f)), as amended by section 11607 of 
                      this Act'' and inserting ``section 22402(f) of 
                      title 49, United States Code''.
                    (C) Transportation equity act for the 21st 
                century.--Section 7203(b)(2) of the Transportation 
                Equity Act for the 21st Century (Public Law 105-178; 45 
                U.S.C. 821 note) is amended by striking ``title V of the 
                Railroad Revitalization and Regulatory Reform Act of 
                1976 (45 U.S.C. 821 et seq.)'' and inserting ``chapter 
                224 of title 49, United States Code,''.
                    (D) Hamm alert maritime safety act of 2018.--Section 
                212(d)(1) of Hamm Alert Maritime Safety Act of 2018 
                (title II of Public Law 115-265; 45 U.S.C. 822 note) is 
                amended, in the matter preceding subparagraph (A), by 
                striking ``for purposes of section 502(f)(4) of the 
                Railroad Revitalization and Regulatory Reform Act of 
                1976 (45 U.S.C. 822(f)(4))'' and inserting ``for 
                purposes of section 22402 of title 49, United States 
                Code''.
                    (E) Milwaukee railroad restructuring act.--Section 
                15(f) of the Milwaukee Railroad Restructuring Act (45 
                U.S.C. 914(f)) is amended by striking ``Section 516 of 
                the Railroad Revitalization and Regulatory Reform Act of 
                1976 (45 U.S.C. 836)'' and inserting ``Section 22404 of 
                title 49, United States Code,''.
                    (F) Rock island railroad transition and employee 
                assistance act.--Section 104(b) of the Rock Island 
                Railroad Transition and Employee Assistance Act (45 
                U.S.C. 1003(b)) is amended--
                          (i) in paragraph (1)--
                                    (I) by striking ``title V of the 
                                Railroad Revitalization and Regulatory 
                                Reform Act of 1976 (45 U.S.C. 821 et 
                                seq.)'' and inserting ``chapter 224 of 
                                title 49, United States Code,''; and
                                    (II) by striking ``and section 18(b) 
                                of the Milwaukee Railroad Restructuring 
                                Act''; and
                          (ii) in paragraph (2), by striking ``title V 
                      of the Railroad Revitalization and Regulatory 
                      Reform Act of 1976, and section 516 of such Act 
                      (45 U.S.C. 836)'' and inserting ``chapter 224 of 
                      title 49, United States Code, including section 
                      22404 of such title,''.
            (4) Title 49.--
                    (A) National surface transportation and innovative 
                finance bureau.--Section 116(d)(1)(B) of title 49, 
                United States Code, is amended by striking ``sections 
                501 through 503 of the Railroad Revitalization and 
                Regulatory Reform Act of 1976 (45 U.S.C. 821-823)'' and 
                inserting ``sections 22401 through 22403''.

[[Page 135 STAT. 693]]

                    (B) Prohibited discrimination.--Section 306(b) of 
                title 49, United States Code, is amended--
                          (i) by striking ``chapter 221 or 249 of this 
                      title,'' and inserting ``chapter 221, 224, or 249 
                      of this title, or''; and
                          (ii) by striking ``, or title V of the 
                      Railroad Revitalization and Regulatory Reform Act 
                      of 1976 (45 U.S.C. 821 et seq.)''.
                    (C) Passenger rail reform and investment act of 
                2015.--Section 11311(d) of the Passenger Rail Reform and 
                Investment Act of 2015 (Public Law 114-94; 49 U.S.C. 
                20101 note) is amended by striking ``, and section 502 
                of the Railroad Revitalization and Regulatory Reform Act 
                of 1976 (45 U.S.C. 822)''.
                    (D) Grant conditions.--Section 22905(c)(2)(B) of 
                title 49, United States Code, is amended by striking 
                ``section 504 of the Railroad Revitalization and 
                Regulatory Reform Act of 1976 (45 U.S.C. 836)'' and 
                inserting ``section 22404''.
                    (E) Passenger rail investment and improvement act of 
                2008.--Section 205(g) of the Passenger Rail Investment 
                and Improvement Act of 2008 (division B of Public Law 
                110-432; 49 U.S.C. 24101 note) is amended by striking 
                ``title V of the Railroad Revitalization and Regulatory 
                Reform Act of 1976 (45 U.S.C. 821 et seq.)'' and 
                inserting ``chapter 224 of title 49, United States 
                Code''.
                    (F) Amtrak authority.--Section 24903 of title 49, 
                United States Code, is amended--
                          (i) in subsection (a)(6), by striking ``and 
                      the Railroad Revitalization and Regulatory Reform 
                      Act of 1976 (45 U.S.C. 801 et seq.)'' and 
                      inserting ``, the Railroad Revitalization and 
                      Regulatory Reform Act of 1976 (45 U.S.C. 801 et 
                      seq.), and chapter 224 of this title''; and
                          (ii) in subsection (c)(2), by striking ``and 
                      the Railroad Revitalization and Regulatory Reform 
                      Act of 1976 (45 U.S.C. 801 et seq.)'' and 
                      inserting ``, the Railroad Revitalization and 
                      Regulatory Reform Act of 1976 (45 U.S.C. 801 et 
                      seq.), and chapter 224 of this title''.
SEC. 21302. <<NOTE: Deadline. Update. Public information. 49 USC 
                            22402 note.>>  SUBSTANTIVE CRITERIA 
                            AND STANDARDS.

    Not later than 180 days after the date of enactment of this Act, the 
Secretary shall update the publicly available credit program guide in 
accordance with the provisions of chapter 224 of title 49, United States 
Code, as added by section 21301.
SEC. 21303. <<NOTE: 49 USC 22402 note.>>  SEMIANNUAL REPORT ON 
                            TRANSIT-ORIENTED DEVELOPMENT 
                            ELIGIBILITY.

    Not later than 6 months after the date of enactment of this Act, and 
every 6 months thereafter, the Secretary shall submit a report to the 
Committee on Commerce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives that identifies--
            (1) the number of applications submitted to the Department 
        for a direct loan or loan guarantee under section 22402(b)(1)(E) 
        of title 49, United States Code, as amended by section 21301;
            (2) the number of such loans or loan guarantees that were 
        provided to the applicants; and

[[Page 135 STAT. 694]]

            (3) for each such application, the reasons for providing or 
        declining to provide the requested loan or loan guarantee.

   TITLE II-- <<NOTE: Passenger Rail Expansion and Rail Safety Act of 
2021.>> RAIL
SEC. 22001. <<NOTE: 49 USC 20101 note.>>  SHORT TITLE.

    This title may be cited as the ``Passenger Rail Expansion and Rail 
Safety Act of 2021''.

Subtitle A <<NOTE: Time periods.>> --Authorization of Appropriations
SEC. 22101. GRANTS TO AMTRAK.

    (a) Northeast Corridor.--There are authorized to be appropriated to 
the Secretary for grants to Amtrak for activities associated with the 
Northeast Corridor the following amounts:
            (1) For fiscal year 2022, $1,570,000,000.
            (2) For fiscal year 2023, $1,100,000,000.
            (3) For fiscal year 2024, $1,200,000,000.
            (4) For fiscal year 2025, $1,300,000,000.
            (5) For fiscal year 2026, $1,400,000,000.

    (b) National Network.--There are authorized to be appropriated to 
the Secretary for grants to Amtrak for activities associated with the 
National Network the following amounts:
            (1) For fiscal year 2022, $2,300,000,000.
            (2) For fiscal year 2023, $2,200,000,000.
            (3) For fiscal year 2024, $2,450,000,000.
            (4) For fiscal year 2025, $2,700,000,000.
            (5) For fiscal year 2026, $3,000,000,000.

    (c) Oversight.--The Secretary may withhold up to 0.5 percent from 
the amount appropriated for each fiscal year pursuant to subsections (a) 
and (b) for the costs of oversight of Amtrak.
    (d) State-Supported Route Committee.--The Secretary may withhold up 
to $3,000,000 from the amount appropriated for each fiscal year pursuant 
to subsection (b) for use by the State-Supported Route Committee 
established under section 24712(a) of title 49, United States Code.
    (e) Northeast Corridor Commission.--The Secretary may withhold up to 
$6,000,000 from the amount appropriated for each fiscal year pursuant to 
subsection (a) for use by the Northeast Corridor Commission established 
under section 24905(a) of title 49, United States Code.
    (f) Interstate Rail Compacts.--The Secretary may withhold up to 
$3,000,000 from the amount appropriated for each fiscal year pursuant to 
subsection (b) for grants authorized under section 22910 of title 49, 
United States Code.
    (g) Accessibility Upgrades.--
            (1) <<NOTE: Determination. Compliance.>>  In general.--The 
        Secretary shall withhold $50,000,000 from the amount 
        appropriated for each fiscal year pursuant to subsections (a) 
        and (b) for grants to assist Amtrak in financing capital 
        projects to upgrade the accessibility of the national rail 
        passenger transportation system by increasing the number of 
        existing facilities that are compliant with the requirements 
        under the Americans with Disabilities Act of 1990 (42 U.S.C. 
        12101 et seq.) until the Secretary determines

[[Page 135 STAT. 695]]

        Amtrak's existing facilities are in compliance with such 
        requirements.
            (2) Savings provision.--Nothing in paragraph (1) may be 
        construed to prevent Amtrak from using additional funds 
        appropriated pursuant to this section to carry out the 
        activities authorized under such paragraph.

    (h) Corridor Development.--In addition to the activities authorized 
under subsection (b), Amtrak may use up to 10 percent of the amounts 
appropriated under subsection (b) in each fiscal year to support Amtrak-
operated corridors selected under section 22306 for--
            (1) planning and capital costs; and
            (2) operating assistance consistent with the Federal funding 
        limitations under section 22908 of title 49, United States Code.
SEC. 22102. FEDERAL RAILROAD ADMINISTRATION.

    (a) Safety and Operations.--There are authorized to be appropriated 
to the Secretary for the operations of the Federal Railroad 
Administration and to carry out railroad safety activities the following 
amounts:
            (1) For fiscal year 2022, $248,000,000.
            (2) For fiscal year 2023, $254,000,000.
            (3) For fiscal year 2024, $263,000,000.
            (4) For fiscal year 2025, $271,000,000.
            (5) For fiscal year 2026, $279,000,000.

    (b) Railroad Research and Development.--There are authorized to be 
appropriated to the Secretary for the use of the Federal Railroad 
Administration for activities associated with railroad research and 
development the following amounts:
            (1) For fiscal year 2022, $43,000,000.
            (2) For fiscal year 2023, $44,000,000.
            (3) For fiscal year 2024, $45,000,000.
            (4) For fiscal year 2025, $46,000,000.
            (5) For fiscal year 2026, $47,000,000.

    (c) Transportation Technology Center.--The Secretary may withhold up 
to $3,000,000 from the amount appropriated for each fiscal year pursuant 
to subsection (b) for activities authorized under section 20108(d) of 
title 49, United States Code.
    (d) Rail Research and Development Center of Excellence.--The 
Secretary may withhold up to 10 percent of the amount appropriated for 
each fiscal year under subsection (b) for grants authorized under 
section 20108(j) of title 49, United States Code.
SEC. 22103. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY 
                            IMPROVEMENTS GRANTS.

    (a) In General.--There is authorized to be appropriated to the 
Secretary for grants under section 22907 of title 49, United States 
Code, $1,000,000,000 for each of fiscal years 2022 through 2026.
    (b) Oversight.--The Secretary may withhold up to 2 percent from the 
amount appropriated for each fiscal year pursuant to subsection (a) for 
the costs of project management oversight of grants authorized under 
title 49, United States Code.
SEC. 22104. RAILROAD CROSSING ELIMINATION PROGRAM.

    (a) <<NOTE: Grants.>>  In General.--There is authorized to be 
appropriated to the Secretary for grants under section 22909 of title 
49, United

[[Page 135 STAT. 696]]

States Code, as added by section 22305, $500,000,000 for each of fiscal 
years 2022 through 2026.

    (b) Planning Projects.--Not less than 3 percent of the amount 
appropriated in each fiscal year pursuant to subsection (a) year shall 
be used for planning projects described in section 22909(d)(6) of title 
49, United States Code.
    (c) <<NOTE: Contracts. Grants.>>  Highway-rail Grade Crossing Safety 
Information and Education Program.--Of the amount appropriated under 
subsection (a) in each fiscal year, 0.25 percent shall be used for 
contracts or grants to carry out a highway-rail grade crossing safety 
information and education program--
            (1) to help prevent and reduce pedestrian, motor vehicle, 
        and other accidents, incidents, injuries, and fatalities; and
            (2) to improve awareness along railroad rights-of-way and at 
        highway-rail grade crossings.

    (d) Oversight.--The Secretary may withhold up to 2 percent from the 
amount appropriated for each fiscal year pursuant to subsection (a) for 
the costs of project management oversight of grants authorized under 
title 49, United States Code.
SEC. 22105. RESTORATION AND ENHANCEMENT GRANTS.

    (a) In General.--There is authorized to be appropriated to the 
Secretary for grants under section 22908 of title 49, United States 
Code, $50,000,000 for each of fiscal years 2022 through 2026.
    (b) Oversight.--The Secretary may withhold up to 1 percent of the 
amount appropriated for each fiscal year pursuant to subsection (a) for 
the costs of project management oversight of grants authorized under 
title 49, United States Code.
SEC. 22106. FEDERAL-STATE PARTNERSHIP FOR INTERCITY PASSENGER RAIL 
                            GRANTS.

    (a) In General.--There is authorized to be appropriated to the 
Secretary for grants under section 24911 of title 49, United States 
Code, $1,500,000,000 for each of fiscal years 2022 through 2026.
    (b) Oversight.--The Secretary may withhold up to 2 percent of the 
amount appropriated under subsection (a) for the costs of project 
management oversight of grants authorized under title 49, United States 
Code.
SEC. 22107. AMTRAK OFFICE OF INSPECTOR GENERAL.

    There are authorized to be appropriated to the Office of Inspector 
General of Amtrak the following amounts:
            (1) For fiscal year 2022, $26,500,000.
            (2) For fiscal year 2023, $27,000,000.
            (3) For fiscal year 2024, $27,500,000.
            (4) For fiscal year 2025, $28,000,000.
            (5) For fiscal year 2026, $28,500,000.

                       Subtitle B--Amtrak Reforms

SEC. 22201. AMTRAK FINDINGS, MISSION, AND GOALS.

    (a) Findings.--Section 24101(a) of title 49, United States Code, is 
amended--
            (1) in paragraph (1), by striking ``between crowded urban 
        areas and in other areas of'' and inserting ``throughout'';

[[Page 135 STAT. 697]]

            (2) in paragraph (4), by striking ``to Amtrak to achieve a 
        performance level sufficient to justify expending public money'' 
        and inserting ``in order to meet the intercity passenger rail 
        needs of the United States'';
            (3) in paragraph (5)--
                    (A) by inserting ``intercity passenger and'' before 
                ``commuter''; and
                    (B) by inserting ``and rural'' after ``major 
                urban;'' and
            (4) by adding at the end the following:

    ``(9) Long-distance routes are valuable resources of the United 
States that are used by rural and urban communities.''.
    (b) Goals.--Section 24101(c) of title 49, United States Code, is 
amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) use its best business judgment in acting to maximize 
        the benefits of Federal investments, including--
                    ``(A) offering competitive fares;
                    ``(B) increasing revenue from the transportation of 
                mail and express;
                    ``(C) offering food service that meets the needs of 
                its customers;
                    ``(D) improving its contracts with rail carriers 
                over whose tracks Amtrak operates;
                    ``(E) controlling or reducing management and 
                operating costs; and
                    ``(F) providing economic benefits to the communities 
                it serves;'';
            (2) in paragraph (11), by striking ``and'' at the end;
            (3) in paragraph (12), by striking the period at the end and 
        inserting ``; and''; and
            (4) by adding at the end the following:
            ``(13) support and maintain established long-distance routes 
        to provide value to the Nation by serving customers throughout 
        the United States and connecting urban and rural communities.''.

    (c) Increasing Revenues.--Section 24101(d) of title 49, United 
States Code, is amended to read as follows:
    ``(d) Increasing Revenues.--Amtrak is encouraged to make agreements 
with private sector entities and to undertake initiatives that are 
consistent with good business judgment and designed to generate 
additional revenues to advance the goals described in subsection (c).''.
SEC. 22202. COMPOSITION OF AMTRAK'S BOARD OF DIRECTORS.

    (a) Selection; Composition; Chair.--Section 24302(a) of title 49, 
United States Code, is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (B), by striking ``President'' 
                and inserting ``Chief Executive Officer''; and
                    (B) in subparagraph (C), by inserting ``, at least 1 
                of whom shall be an individual with a disability (as 
                defined in section 3 of the Americans with Disabilities 
                Act of 1990 (42 U.S.C. 12102)) who has a demonstrated 
                history of, or experience with, accessibility, mobility, 
                and inclusive transportation in passenger rail or 
                commuter rail'' before the period at the end;

[[Page 135 STAT. 698]]

            (2) in paragraph (2), by striking ``and try to provide 
        adequate and balanced representation of the major geographic 
        regions of the United States served by Amtrak'';
            (3) by redesignating paragraph (5) as paragraph (7); and
            (4) by striking paragraph (4) and inserting the following:
            ``(4) Of the individuals appointed pursuant to paragraph 
        (1)(C)--
                    ``(A) 2 individuals shall reside in or near a 
                location served by a regularly scheduled Amtrak service 
                along the Northeast Corridor;
                    ``(B) 4 individuals shall reside in or near regions 
                of the United States that are geographically distributed 
                outside of the Northeast Corridor, of whom--
                          ``(i) 2 individuals shall reside in States 
                      served by a long-distance route operated by 
                      Amtrak;
                          ``(ii) 2 individuals shall reside in States 
                      served by a State-supported route operated by 
                      Amtrak; and
                          ``(iii) an individual who resides in a State 
                      that is served by a State-supported route and a 
                      long-distance route may be appointed to serve 
                      either position referred to in clauses (i) and 
                      (ii);
                    ``(C) 2 individuals shall reside either--
                          ``(i) in or near a location served by a 
                      regularly scheduled Amtrak service on the 
                      Northeast Corridor; or
                          ``(ii) in a State served by long-distance or a 
                      State-supported route; and
                    ``(D) each individual appointed to the Board 
                pursuant to this paragraph may only fill 1 of the 
                allocations set forth in subparagraphs (A) through (C).
            ``(5) The Board shall elect a chairperson and vice 
        chairperson, other than the Chief Executive Officer of Amtrak, 
        from among its membership. The vice chairperson shall act as 
        chairperson in the absence of the chairperson.
            ``(6) The Board shall meet at least annually with--
                    ``(A) representatives of Amtrak employees;
                    ``(B) representatives of persons with disabilities; 
                and
                    ``(C) the general public, in an open meeting with a 
                virtual attendance option, to discuss financial 
                performance and service results.''.

    (b) <<NOTE: 49 USC 24302 note.>>  Rule of Construction.--None of the 
amendments made by subsection (a) may be construed as affecting the term 
of any director serving on the Amtrak Board of Directors under section 
24302(a)(1)(C) of title 49, United States Code, as of the date of 
enactment of this Act.
SEC. 22203. STATION AGENTS.

    Section 24312 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(c) Availability of Station Agents.--
            ``(1) <<NOTE: Effective date.>>  In general.--Except as 
        provided in paragraph (2), beginning on the date that is 1 year 
        after the date of enactment of the Passenger Rail Expansion and 
        Rail Safety Act of 2021, Amtrak shall ensure that at least 1 
        Amtrak ticket agent is employed at each station building--

[[Page 135 STAT. 699]]

                    ``(A) that Amtrak owns, or operates service through, 
                as part of a long-distance or Northeast Corridor 
                passenger service route;
                    ``(B) where at least 1 Amtrak ticket agent was 
                employed on or after October 1, 2017; and
                    ``(C) for which an average of 40 passengers boarded 
                or deboarded an Amtrak train per day during all of the 
                days in fiscal year 2017 when the station was serviced 
                by Amtrak, regardless of the number of Amtrak trains 
                servicing the station per day.
            ``(2) Exception.--Paragraph (1) shall not apply to any 
        station building in which a commuter rail ticket agent has the 
        authority to sell Amtrak tickets.''.
SEC. 22204. INCREASING OVERSIGHT OF CHANGES TO AMTRAK LONG-
                            DISTANCE ROUTES AND OTHER INTERCITY 
                            SERVICES.

    (a) Amtrak Annual Operations Report.--Section 24315(a)(1) of title 
49, United States Code, is amended--
            (1) in subparagraph (G), by striking ``and'' at the end;
            (2) in subparagraph (H), by adding ``and'' at the end; and
            (3) by adding at the end the following:
                    ``(I) any change made to a route's or service's 
                frequency or station stops;''.

    (b) 5-year Business Line Plans.--Section 24320(b)(2) of title 49, 
United States Code, is amended--
            (1) by redesignating subparagraphs (B) through (L) as 
        subparagraphs (C) through (M), respectively; and
            (2) by inserting after subparagraph (A) the following:
                    ``(B) a detailed description of any plans to 
                permanently change a route's or service's frequency or 
                station stops for the service line;''.
SEC. 22205. IMPROVED OVERSIGHT OF AMTRAK ACCOUNTING.

    Section 24317 of title 49, United States Code, is amended--
            (1) in subsection (a)(2), by striking ``and costs among 
        Amtrak business lines'' and inserting ``, including Federal 
        grant funds, and costs among Amtrak service lines'';
            (2) by amending subsection (b) to read as follows:

    ``(b) Account Structure.--
            ``(1) <<NOTE: Consultation. Updates.>>  In general.--The 
        Secretary of Transportation, in consultation with Amtrak, shall 
        define, maintain, and periodically update an account structure 
        and improvements to accounting methodologies, as necessary, to 
        support the Northeast Corridor and the National Network.
            ``(2) Notification of substantive changes.--The Secretary 
        shall notify the Committee on Commerce, Science, and 
        Transportation of the Senate, the Committee on Appropriations of 
        the Senate, the Committee on Transportation and Infrastructure 
        of the House of Representatives, and the Committee on 
        Appropriations of the House of Representatives regarding any 
        substantive changes made to the account structure, including 
        changes to--
                    ``(A) the service lines described in section 
                24320(b)(1); and
                    ``(B) the asset lines described in section 
                24320(c)(1).'';
            (3) in subsection (c), in the matter preceding paragraph 
        (1), by inserting ``, maintaining, and updating'' after 
        ``defining'';

[[Page 135 STAT. 700]]

            (4) in subsection (d), in the matter preceding paragraph 
        (1), by inserting ``, maintaining, and updating'' after 
        ``defining'';
            (5) by amending subsection (e) to read as follows:

    ``(e) Implementation and Reporting.--
            ``(1) <<NOTE: Consultation.>>  In general.--Amtrak, in 
        consultation with the Secretary of Transportation, shall 
        maintain and implement any account structures and improvements 
        defined under subsection (b) to enable Amtrak to produce sources 
        and uses statements for each of the service lines described in 
        section 24320(b)(1) and, as appropriate, each of the asset lines 
        described in section 24320(c)(1), that identify sources and uses 
        of revenues, appropriations, and transfers between accounts.
            ``(2) <<NOTE: Deadline. Time period.>>  Updated sources and 
        uses statements.--Not later than 30 days after the 
        implementation of subsection (b), and monthly thereafter, Amtrak 
        shall submit to the Secretary of Transportation updated sources 
        and uses statements for each of the service lines and asset 
        lines referred to in paragraph (1). The Secretary and Amtrak may 
        agree to a different frequency of reporting.'';
            (6) by striking subsection (h); and
            (7) by redesignating subsection (i) as subsection (h).
SEC. 22206. IMPROVED OVERSIGHT OF AMTRAK SPENDING.

    (a) Allocation of Costs and Revenues.--Section 24318(a) of title 49, 
United States Code, is amended by striking ``Not later than 180 days 
after the date of enactment of the Passenger Rail Reform and Investment 
Act of 2015,''.
    (b) Grant Process and Reporting.--Section 24319 of title 49, United 
States Code, is amended--
            (1) in the section heading, by inserting ``and reporting'' 
        after ``process'';
            (2) by amending subsection (a) to read as follows:

    ``(a) Procedures for Grant Requests.--The Secretary of 
Transportation shall--
            ``(1) <<NOTE: Requirements. Schedules.>>  establish and 
        maintain substantive and procedural requirements, including 
        schedules, for grant requests under this section; and
            ``(2) <<NOTE: Reports.>>  report any changes to such 
        procedures to--
                    ``(A) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    ``(B) the Committee on Appropriations of the Senate;
                    ``(C) the Committee on Transportation and 
                Infrastructure of the House of Representatives; and
                    ``(D) the Committee on Appropriations of the House 
                of Representatives.'';
            (3) in subsection (b), by striking ``grant requests'' and 
        inserting ``a grant request annually, or as additionally 
        required,'';
            (4) by amending subsection (c) to read as follows:

    ``(c) Contents.--
            ``(1) In general.--Each grant request under subsection (b) 
        shall, as applicable--
                    ``(A) categorize and identify, by source, the 
                Federal funds and program income that will be used for 
                the upcoming fiscal year for each of the Northeast 
                Corridor and National Network in 1 of the categories or 
                subcategories set forth in paragraph (2);

[[Page 135 STAT. 701]]

                    ``(B) describe the operations, services, programs, 
                projects, and other activities to be funded within each 
                of the categories set forth in paragraph (2), 
                including--
                          ``(i) <<NOTE: Estimates.>>  the estimated 
                      scope, schedule, and budget necessary to complete 
                      each project and program; and
                          ``(ii) the performance measures used to 
                      quantify expected and actual project outcomes and 
                      benefits, aggregated by fiscal year, project 
                      milestone, and any other appropriate grouping; and
                    ``(C) describe the status of efforts to improve 
                Amtrak's safety culture.
            ``(2) Grant categories.--
                    ``(A) Operating expenses.--Each grant request to use 
                Federal funds for operating expenses shall--
                          ``(i) <<NOTE: Cost estimates.>>  include 
                      estimated net operating costs not covered by other 
                      Amtrak revenue sources;
                          ``(ii) specify Federal funding requested for 
                      each service line described in section 
                      24320(b)(1); and
                          ``(iii) be itemized by route.
                    ``(B) Debt service.--A grant request to use Federal 
                funds for expenses related to debt, including payment of 
                principle and interest, as allowed under section 205 of 
                the Passenger Rail Investment and Improvement Act of 
                2008 (Public Law 110-432; 49 U.S.C. 24101 note).
                    ``(C) Capital.--A grant request to use Federal funds 
                and program income for capital expenses shall include 
                capital projects and programs primarily associated 
                with--
                          ``(i) normalized capital replacement programs, 
                      including regularly recurring work programs 
                      implemented on a systematic basis on classes of 
                      physical railroad assets, such as track, 
                      structures, electric traction and power systems, 
                      rolling stock, and communications and signal 
                      systems, to maintain and sustain the condition and 
                      performance of such assets to support continued 
                      railroad operations;
                          ``(ii) improvement projects to support service 
                      and safety enhancements, including discrete 
                      projects implemented in accordance with a fixed 
                      scope, schedule, and budget that result in 
                      enhanced or new infrastructure, equipment, or 
                      facilities;
                          ``(iii) backlog capital replacement projects, 
                      including discrete projects implemented in 
                      accordance with a fixed scope, schedule, and 
                      budget that primarily replace or rehabilitate 
                      major infrastructure assets, including tunnels, 
                      bridges, stations, and similar assets, to reduce 
                      the state of good repair backlog on the Amtrak 
                      network;
                          ``(iv) strategic initiative projects, 
                      including discrete projects implemented in 
                      accordance with a fixed scope, schedule, and 
                      budget that primarily improve overall operational 
                      performance, lower costs, or otherwise improve 
                      Amtrak's corporate efficiency; and
                          ``(v) statutory, regulatory, or other legally 
                      mandated projects, including discrete projects 
                      implemented in accordance with a fixed scope, 
                      schedule, and budget that enable Amtrak to fulfill 
                      specific legal or regulatory mandates.

[[Page 135 STAT. 702]]

                    ``(D) Contingency.--A grant request to use Federal 
                funds for operating and capital expense contingency 
                shall include--
                          ``(i) contingency levels for specified 
                      activities and operations; and
                          ``(ii) a process for the utilization of such 
                      contingency.
            ``(3) Modification of categories.--The Secretary of 
        Transportation and Amtrak may jointly agree to modify the 
        categories set forth in paragraph (2) if such modifications are 
        necessary to improve the transparency, oversight, or delivery of 
        projects funded through grant requests under this section.'';
            (5) in subsection (d)(1)(A)--
                    (A) by inserting ``complete'' after ``submits a'';
                    (B) by striking ``shall complete'' and inserting 
                ``shall finish''; and
                    (C) in clause (ii), by striking ``incomplete or'';
            (6) in subsection (e)--
                    (A) in paragraph (1)--
                          (i) by striking ``and other activities to be 
                      funded by the grant'' and inserting ``programs, 
                      projects, and other activities to be funded by the 
                      grant, consistent with the categories required for 
                      Amtrak in a grant request under subsection 
                      (c)(1)(A)''; and
                          (ii) by striking ``or activities'' and 
                      inserting ``programs, projects, and other 
                      activities''; and
                    (B) in paragraph (3)--
                          (i) by redesignating subparagraphs (A) and (B) 
                      as subparagraphs (B) and (C), respectively; and
                          (ii) by inserting before subparagraph (B), as 
                      redesignated, the following:
                    ``(A) using an otherwise allowable approach to the 
                method prescribed for a specific project or category of 
                projects under paragraph (2) if the Secretary and Amtrak 
                agree that a different payment method is necessary to 
                more successfully implement and report on an operation, 
                service, program, project, or other activity;'';
            (7) by redesignating subsection (h) as subsection (j); and
            (8) by inserting after subsection (g) the following:

    ``(h) Applicable Laws and Regulations.--
            ``(1) Single audit act of 1984.--Notwithstanding section 
        24301(a)(3) of this title and section 7501(a)(13) of title 31, 
        Amtrak shall be deemed a `non-Federal entity' for purposes of 
        chapter 75 of title 31.
            ``(2) Regulations and guidance.--The Secretary of 
        Transportation may apply some or all of the requirements set 
        forth in the regulations and guidance promulgated by the 
        Secretary relating to the management, administration, cost 
        principles, and audit requirements for Federal awards.

    ``(i) <<NOTE: Determination.>>  Amtrak Grant Reporting.--The 
Secretary of Transportation shall determine the varying levels of detail 
and information that will be included in reports for operations, 
services, program, projects, program income, cash on hand, and other 
activities within each of the grant categories described in subsection 
(c)(2).''.

    (c) Conforming Amendments.--
            (1) Reports and audits.--Section 24315(b)(1) of title 49, 
        United States Code, is amended--

[[Page 135 STAT. 703]]

                    (A) in subparagraph (A), by striking ``the goal of 
                section 24902(b) of this title; and'' and inserting 
                ``the goal described in section 24902(a);'';
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(C) shall incorporate the category described in 
                section 24319(c)(2)(C).''.
            (2) Clerical amendment.--The analysis for chapter 243 of 
        title 49, United States Code, <<NOTE: 49 USC 24301 prec.>>  is 
        amended by striking the item relating to section 24319 and 
        inserting the following:

``24319. Grant process and reporting.''.

SEC. 22207. INCREASING SERVICE LINE AND ASSET LINE PLAN 
                            TRANSPARENCY.

    (a) In General.--Section 24320 of title 49, United States Code, is 
amended--
            (1) in the section heading, by striking ``business line and 
        asset plans'' and inserting ``service line and asset line 
        plans'';
            (2) in subsection (a)--
                    (A) in paragraph (1)--
                          (i) by striking ``of each year'' and inserting 
                      ``, 2020, and biennially thereafter'';
                          (ii) by striking ``5-year business line plans 
                      and 5-year asset plans'' and inserting ``5-year 
                      service line plans and 5-year asset line plans''; 
                      and
                          (iii) <<NOTE: Updates.>>  by adding at the end 
                      the following: ``During each year in which Amtrak 
                      is not required to submit a plan under this 
                      paragraph, Amtrak shall submit to Congress updated 
                      financial sources and uses statements and 
                      forecasts with the annual report required under 
                      section 24315(b).''; and
                    (B) in paragraph (2), by striking ``asset plan 
                required in'' and inserting ``asset line plan required 
                under'';
            (3) in subsection (b)--
                    (A) in the subsection heading, by striking 
                ``Business'' and inserting ``Service'';
                    (B) in paragraph (1)--
                          (i) in the paragraph heading, by striking 
                      ``business'' and inserting ``service'';
                          (ii) by striking ``business'' each place such 
                      term appears and inserting ``service'';
                          (iii) by amending subparagraph (B) to read as 
                      follows:
                    ``(B) Amtrak State-supported train services.'';
                          (iv) in subparagraph (C), by striking 
                      ``routes'' and inserting ``train services''; and
                          (v) by adding at the end the following:
                    ``(E) Infrastructure access services for use of 
                Amtrak-owned or Amtrak-controlled infrastructure and 
                facilities.'';
                    (C) in paragraph (2)--
                          (i) in the paragraph heading, by striking 
                      ``business'' and inserting ``service'';
                          (ii) by striking ``business'' each place such 
                      term appears and inserting ``service'';

[[Page 135 STAT. 704]]

                          (iii) in subparagraph (A), by striking 
                      ``Strategic Plan and 5-year asset plans'' and 
                      inserting ``5-year asset line plans'';
                          (iv) in subparagraph (F) (as redesignated by 
                      section 22204(b)(1)), by striking ``profit and 
                      loss'' and inserting ``sources and uses'';
                          (v) by striking subparagraph (G) (as 
                      redesignated by section 22204(b)(1));
                          (vi) by redesignating subparagraphs (H) 
                      through (M) (as redesignated by section 
                      22204(b)(1)) as subparagraphs (G) through (L), 
                      respectively; and
                          (vii) by amending subparagraph (I) (as so 
                      redesignated) to read as follows:
                    ``(I) financial performance for each route, if 
                deemed applicable by the Secretary, within each service 
                line, including descriptions of the cash operating loss 
                or contribution;'';
                    (D) in paragraph (3)--
                          (i) in the paragraph heading, by striking 
                      ``business'' and inserting ``service'';
                          (ii) by striking ``business'' each place such 
                      term appears and inserting ``service'';
                          (iii) by redesignating subparagraphs (A), (B), 
                      (C), and (D) as clauses (i), (ii), (iii), and 
                      (iv), respectively, and moving such clauses 2 ems 
                      to the right;
                          (iv) by inserting before clause (i), as 
                      redesignated, the following:
                    ``(A) <<NOTE: Deadline. Consultation.>>  not later 
                than 180 days after the date of enactment of the 
                Passenger Rail Expansion and Rail Safety Act of 2021, 
                submit to the Secretary, for approval, a consultation 
                process for the development of each service line plan 
                that requires Amtrak to--'';
                          (v) in subparagraph (A), as amended by clause 
                      (iv)--
                                    (I) in clause (iii), as 
                                redesignated, by inserting ``and submit 
                                the final service line plan required 
                                under subsection (a)(1) to the State-
                                Supported Route Committee'' before the 
                                semicolon at the end;
                                    (II) in clause (iv), as 
                                redesignated, by inserting ``and'' after 
                                the semicolon at the end; and
                                    (III) by adding at the end the 
                                following:
                          ``(v) for the infrastructure access service 
                      line plan, consult with the Northeast Corridor 
                      Commission and other entities, as appropriate, and 
                      submit the final asset line plan under subsection 
                      (a)(1) to the Northeast Corridor Commission;''; 
                      and
                          (vi) by redesignating subparagraphs (E) and 
                      (F) as subparagraphs (B) and (C), respectively;
                    (E) by redesignating paragraph (4) as paragraph (5); 
                and
                    (F) by inserting after paragraph (3)(C), as 
                redesignated, the following:
            ``(4) <<NOTE: Determination.>>  5-year service line plans 
        updates.--Amtrak may modify the content to be included in the 
        service line plans described in paragraph (1), upon the approval 
        of the Secretary, if the Secretary determines that such 
        modifications are necessary to improve the transparency, 
        oversight, and delivery

[[Page 135 STAT. 705]]

        of Amtrak services and the use of Federal funds by Amtrak.''; 
        and
            (4) in subsection (c)--
                    (A) in the subsection heading, by inserting ``Line'' 
                after ``Asset'';
                    (B) in paragraph (1)--
                          (i) in the paragraph heading, by striking 
                      ``categories'' and inserting ``lines'';
                          (ii) in the matter preceding subparagraph (A), 
                      by striking ``asset plan for each of the following 
                      asset categories'' and inserting ``asset line plan 
                      for each of the following asset lines'';
                          (iii) by redesignating subparagraphs (A), (B), 
                      (C), and (D) as subparagraphs (B), (C), (D), and 
                      (E), respectively;
                          (iv) by inserting before subparagraph (B), as 
                      redesignated, the following:
                    ``(A) Transportation, including activities and 
                resources associated with the operation and movement of 
                Amtrak trains, onboard services, and amenities.'';
                          (v) in subparagraph (B), as redesignated, by 
                      inserting ``and maintenance-of-way equipment'' 
                      after ``facilities''; and
                          (vi) in subparagraph (C), as redesignated, by 
                      striking ``Passenger rail equipment'' and 
                      inserting ``Equipment'';
                    (C) in paragraph (2)--
                          (i) in the paragraph heading, by inserting 
                      ``line'' after ``asset'';
                          (ii) in the matter preceding subparagraph (A), 
                      by inserting ``line'' after ``asset'';
                          (iii) in subparagraph (A), by striking 
                      ``category'' and inserting ``line'';
                          (iv) in subparagraph (C)(iii)(III), by 
                      striking ``and'' at the end;
                          (v) by amending subparagraph (D) to read as 
                      follows:
                    ``(D) annual sources and uses statements and 
                forecasts for each asset line; and''; and
                          (vi) by adding at the end the following:
                    ``(E) other elements that Amtrak elects to 
                include.'';
                    (D) in paragraph (3)--
                          (i) in the paragraph heading, by inserting 
                      ``line'' after ``asset'';
                          (ii) by redesignating subparagraphs (A) and 
                      (B) as clauses (i) and (ii) and moving such 
                      clauses 2 ems to the right;
                          (iii) by inserting before clause (i), as 
                      redesignated, the following:
                    ``(A) <<NOTE: Deadline. Consultation.>>  not later 
                than 180 days after the date of enactment of the 
                Passenger Rail Expansion and Rail Safety Act of 2021, 
                submit to the Secretary, for approval, a consultation 
                process for the development of each asset line plan that 
                requires Amtrak to--'';
                          (iv) in subparagraph (A), as added by clause 
                      (iii)--
                                    (I) in clause (i), as redesignated--

[[Page 135 STAT. 706]]

                                            (aa) by striking 
                                        ``business'' each place such 
                                        term appears and inserting 
                                        ``service'';
                                            (bb) by inserting ``line'' 
                                        after ``asset'' each place such 
                                        term appears; and
                                            (cc) by adding ``and'' at 
                                        the end; and
                                    (II) in clause (ii), as 
                                redesignated--
                                            (aa) by inserting ``consult 
                                        with the Secretary of 
                                        Transportation in the 
                                        development of asset line plans 
                                        and,'' before ``as applicable''; 
                                        and
                                            (bb) by inserting ``line'' 
                                        after ``5-year asset'';
                          (v) by redesignating subparagraph (C) as 
                      subparagraph (B); and
                          (vi) in subparagraph (B), as redesignated, by 
                      striking ``category'' and inserting ``line'';
                    (E) by redesignating paragraphs (4), (5), (6), and 
                (7) as paragraphs (5), (6), (7), and (8), respectively;
                    (F) by inserting after paragraph (3) the following:
            ``(4) <<NOTE: Determination.>>  5-year asset line plan 
        updates.--Amtrak may modify the content to be included in the 
        asset line plans described in paragraph (1), on approval of the 
        Secretary, if the Secretary determines that such modifications 
        are necessary to improve the transparency, oversight, and 
        delivery of Amtrak services and the use of Federal funds by 
        Amtrak.'';
                    (G) in paragraph (5)(A), as redesignated, by 
                inserting ``, but shall not include corporate services 
                (as defined pursuant to section 24317(b))'' after 
                ``national assets''; and
                    (H) in paragraph (7), as redesignated, by striking 
                ``paragraph (4)'' and inserting ``paragraph (5)''.

    (b) Clerical Amendment.--The analysis for chapter 243 of title 49, 
United States Code, <<NOTE: 49 USC 24301 prec.>>  is amended by striking 
the item relating to section 24320 and inserting the following:

``24320. Amtrak 5-year service line and asset line plans.''.

    (c) Effective Dates.--Section 11203(b) of the Passenger Rail Reform 
and Investment Act of 2015 (49 U.S.C. 24320 note) is amended--
            (1) by striking ``business'' each place such term appears 
        and inserting ``service''; and
            (2) by inserting ``line'' after ``asset'' each place such 
        term appears.
SEC. 22208. PASSENGER EXPERIENCE ENHANCEMENT.

    (a) In General.--Section 24305(c)(4) of title 49, United States 
Code, is amended by striking ``only if revenues from the services each 
year at least equal the cost of providing the services''.
    (b) Food and Beverage Service Working Group.--
            (1) In general.--Section 24321 of title 49, United States 
        Code, is amended to read as follows:
``Sec. 24321. Food and beverage service

    ``(a) Working Group.--
            ``(1) <<NOTE: Deadline.>>  Establishment.--Not later than 
        180 days after enactment of the Passenger Rail Expansion and 
        Rail Safety Act of 2021, Amtrak shall establish a working group 
        to provide recommendations to improve Amtrak's onboard food and 
        beverage service.

[[Page 135 STAT. 707]]

            ``(2) Membership.--The working group shall consist of 
        individuals representing--
                    ``(A) Amtrak;
                    ``(B) the labor organizations representing Amtrak 
                employees who prepare or provide on-board food and 
                beverage service;
                    ``(C) nonprofit organizations representing Amtrak 
                passengers; and
                    ``(D) States that are providing funding for State-
                supported routes.

    ``(b) <<NOTE: Recommenda- tions.>>  Report.--Not later than 1 year 
after the establishment of the working group pursuant to subsection (a), 
the working group shall submit a report to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives 
containing recommendations for improving Amtrak's food and beverage 
service, including--
            ``(1) ways to improve the financial performance of Amtrak;
            ``(2) ways to increase and retain ridership;
            ``(3) the differing needs of passengers traveling on long-
        distance routes, State supported routes, and the Northeast 
        Corridor;
            ``(4) Amtrak passenger survey data about the food and 
        beverages offered on Amtrak trains;
            ``(5) ways to incorporate local food and beverage items on 
        State-supported routes; and
            ``(6) any other issue that the working group determines to 
        be appropriate.

    ``(c) <<NOTE: Deadline. Plan.>>  Implementation.--Not later than 180 
days after the submission of the report pursuant to subsection (b), 
Amtrak shall submit a plan for implementing the recommendations of the 
working group, and an explanation for any of the working group's 
recommendations it does not agree with and does not plan on implementing 
to the Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infrastructure of the House of 
Representatives.

    ``(d) Savings Clause.--Amtrak shall ensure that no Amtrak employee 
who held a position on a long-distance or Northeast Corridor route as of 
the date of enactment of the Passenger Rail Expansion and Rail Safety 
Act of 2021, is involuntarily separated because of the development and 
implementation of the plan required under this section.''.
            (2) Clerical amendment.--The analysis for chapter 243 of 
        title 49, United States Code, <<NOTE: 49 USC 24301 prec.>>  is 
        amended by striking the item relating to section 24321 and 
        inserting the following:

``24321. Food and beverage service.''.

SEC. 22209. AMTRAK SMOKING POLICY.

    (a) In General.--Chapter 243 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 24323. <<NOTE: 49 USC 24323.>>  Prohibition on smoking on 
                    Amtrak trains

    ``(a) <<NOTE: 49 USC 24323.>>  Prohibition.--Beginning on the date 
of enactment of this section, Amtrak shall prohibit smoking, including 
the use of electronic cigarettes, onboard all Amtrak trains.

    ``(b) Electronic Cigarette Defined.--In this section, the term 
`electronic cigarette' means a device that delivers nicotine or other

[[Page 135 STAT. 708]]

substances to a user of the device in the form of a vapor that is 
inhaled to simulate the experience of smoking.''.
    (b) Clerical Amendment.--The analysis for chapter 243 of title 49, 
United States Code, <<NOTE: 49 USC 24301 prec.>>  is amended by adding 
at the end the following:

``24323. Prohibition on smoking on Amtrak trains.''.

SEC. 22210. PROTECTING AMTRAK ROUTES THROUGH RURAL COMMUNITIES.

    Section 24706 of title 49, United States Code, is amended--
            (1) in subsection (a), by striking ``subsection (b) of this 
        section, at least 180 days'' and inserting ``subsection (c), not 
        later than 180 days'';
            (2) by redesignating subsections (b) and (c) as subsections 
        (c) and (e), respectively;
            (3) by inserting after subsection (a) the following:

    ``(b) Discontinuance or Substantial Alteration of Long-distance 
Routes.--Except as provided in subsection (c), in an emergency, or 
during maintenance or construction outages impacting Amtrak routes, 
Amtrak may not discontinue, reduce the frequency of, suspend, or 
substantially alter the route of rail service on any segment of any 
long-distance route in any fiscal year in which Amtrak receives adequate 
Federal funding for such route on the National Network.''; and
            (4) by inserting after subsection (c), as redesignated, the 
        following:

    ``(d) Congressional Notification of Discontinuance.--
Except <<NOTE: Deadline.>>  as provided in subsection (c), not later 
than 210 days before discontinuing service over a route, Amtrak shall 
give written notice of such discontinuance to all of the members of 
Congress representing any State or district in which the discontinuance 
would occur.''.
SEC. 22211. STATE-SUPPORTED ROUTE COMMITTEE.

    (a) State-Supported Route Committee.--Section 24712(a) of title 49, 
United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by striking ``Not later than 180 days after the 
                date of enactment of the Passenger Rail Reform and 
                Investment Act of 2015, the Secretary of Transportation 
                shall establish'' and inserting ``There is 
                established''; and
                    (B) by inserting ``current and future'' before 
                ``rail operations'';
            (2) by redesignating paragraphs (4), (5), and (6) as 
        paragraphs (5), (6), and (7), respectively;
            (3) by inserting after paragraph (3) the following:
            ``(4) Ability to conduct certain business.--If all of the 
        members of 1 voting bloc described in paragraph (3) abstain from 
        a Committee decision, agreement between the other 2 voting blocs 
        consistent with the procedures set forth in such paragraph shall 
        be deemed sufficient for purpose of achieving unanimous 
        consent.'';
            (4) in paragraph (5), as redesignated, in the matter 
        preceding subparagraph (A)--
                    (A) by striking ``convene a meeting and shall define 
                and implement'' and inserting ``define and periodically 
                update''; and

[[Page 135 STAT. 709]]

                    (B) by striking ``not later than 180 days after the 
                date of establishment of the Committee by the 
                Secretary''; and
            (5) in paragraph (7), as redesignated--
                    (A) in the paragraph heading, by striking 
                ``allocation methodology'' and inserting ``methodology 
                policy'';
                    (B) in subparagraph (A), by striking ``allocation 
                methodology'' and inserting ``methodology policy'';
                    (C) by amending subparagraph (B) to read as follows:
                    ``(B) Revisions to cost methodology policy.--
                          ``(i) <<NOTE: Deadline.>>  Requirement to 
                      revise and update.--Subject to rules and 
                      procedures established pursuant to clause (iii), 
                      not later than March 31, 2022, the Committee shall 
                      revise and update the cost methodology policy 
                      required and previously approved under section 209 
                      of the Passenger Rail Investment and Improvement 
                      Act of 2008 (49 U.S.C. 20901 note) <<NOTE: Time 
                      period.>> . The Committee shall implement a 
                      revised cost methodology policy during fiscal year 
                      2023. <<NOTE: Reports. Plans.>>  Not later than 30 
                      days after the adoption of the revised cost 
                      methodology policy, the Committee shall submit a 
                      report documenting and explaining any changes to 
                      the cost methodology policy and plans for 
                      implementation of such policy, including a 
                      description of the improvements to the accounting 
                      information provided by Amtrak to the States, to 
                      the Committee on Commerce, Science, and 
                      Transportation of the Senate and the Committee on 
                      Transportation and Infrastructure of the House of 
                      Representatives. The revised cost methodology 
                      policy shall ensure that States will be 
                      responsible for costs attributable to the 
                      provision of service for their routes.
                          ``(ii) Implementation impacts on federal 
                      funding.--To the extent that a revision developed 
                      pursuant to clause (i) assigns to Amtrak costs 
                      that were previously allocated to States, Amtrak 
                      shall request with specificity such additional 
                      funding in the general and legislative annual 
                      report required under section 24315 or in any 
                      appropriate subsequent Federal funding request for 
                      the fiscal year in which the revised cost 
                      methodology policy will be implemented.
                          ``(iii) Procedures for changing methodology.--
                      Notwithstanding section 209(b) of the Passenger 
                      Rail Investment and Improvement Act of 2008 (49 
                      U.S.C. 20901 note), the rules and procedures 
                      implemented pursuant to paragraph (5) shall 
                      include--
                                    ``(I) procedures for changing the 
                                cost methodology policy in accordance 
                                with clause (i); and
                                    ``(II) procedures or broad 
                                guidelines for conducting financial 
                                planning, including operating and 
                                capital forecasting, reporting, data 
                                sharing, and governance.'';
                    (D) in subparagraph (C)--
                          (i) in the matter preceding clause (i), by 
                      striking ``allocation methodology'' and inserting 
                      ``methodology policy'';
                          (ii) in clause (i), by striking ``and'' at the 
                      end;
                          (iii) in clause (ii)--

[[Page 135 STAT. 710]]

                                    (I) by striking ``allocate'' and 
                                inserting ``assign''; and
                                    (II) by striking the period and 
                                inserting ``; and''; and
                          (iv) by adding at the end the following:
                          ``(iii) promote increased efficiency in 
                      Amtrak's operating and capital activities.''; and
                    (E) by adding at the end the following:
                    
                ``(D) <<NOTE: Deadlines. Determination. Compliance.>>  
                Independent evaluation.--Not later than March 31 of each 
                year, the Committee shall ensure that an independent 
                entity selected by the Committee has completed an 
                evaluation to determine whether State payments for the 
                most recently concluded fiscal year are accurate and 
                comply with the applicable cost allocation 
                methodology.''.

    (b) Invoices and Reports.--Section 24712(b) of title 49, United 
States Code, is amended to read as follows:
    ``(b) Invoices and Reports.--
            ``(1) <<NOTE: Time period.>>  Invoices.--Amtrak shall 
        provide monthly invoices to the Committee and to each State that 
        sponsors a State-supported route that identify the operating 
        costs for such route, including fixed costs and third-party 
        costs.
            ``(2) Reports.--
                    ``(A) <<NOTE: Determination.>>  In general.--The 
                Committee shall determine the frequency and contents 
                of--
                          ``(i) the financial and performance reports 
                      that Amtrak is required to provide to the 
                      Committee and the States; and
                          ``(ii) the planning and demand reports that 
                      the States are required to provide to the 
                      Committee and Amtrak.
                    ``(B) Monthly statistical report.--
                          ``(i) Development.--Consistent with the 
                      revisions to the policy required under subsection 
                      (a)(7)(B), the Committee shall develop a report 
                      that contains the general ledger data and 
                      operating statistics from Amtrak's accounting 
                      systems used to calculate payments to States.
                          ``(ii) <<NOTE: Deadlines.>>  Provision of 
                      necessary data.--Not later than 30 days after the 
                      last day of each month, Amtrak shall provide to 
                      the States and to the Committee the necessary data 
                      to complete the report developed pursuant to 
                      clause (i) for such month.''.

    (c) Dispute Resolution.--Section 24712(c) of title 49, United States 
Code, is amended--
            (1) in paragraph (1)--
                    (A) by striking ``(a)(4)'' and inserting ``(a)(5)''; 
                and
                    (B) by striking ``(a)(6)'' and inserting ``(a)(7)''; 
                and
            (2) in paragraph (4), by inserting ``related to a State-
        supported route that a State sponsors that is'' after 
        ``amount''.

    (d) Performance Metrics.--Section 24712(e) of title 49, United 
States Code, is amended by inserting ``, including incentives to 
increase revenue, reduce costs, finalize contracts by the beginning of 
the fiscal year, and require States to promptly make payments for 
services delivered'' before the period at the end.
    (e) Statement of Goals and Objectives.--Section 24712(f) of title 
49, United States Code, is amended--

[[Page 135 STAT. 711]]

            (1) in paragraph (1), by inserting ``, and review and 
        update, as necessary,'' after ``shall develop'';
            (2) in paragraph (2), by striking ``Not later than 2 years 
        after the date of enactment of the Passenger Rail Reform and 
        Investment Act of 2015, the Committee shall transmit the 
        statement'' and inserting ``As applicable, based on updates, the 
        Committee shall submit an updated statement''; and
            (3) by adding at the end the following:
            ``(3) Sense of congress.--It is the sense of Congress that--
                    ``(A) the Committee shall be the forum where Amtrak 
                and the States collaborate on the planning, improvement, 
                and development of corridor routes across the National 
                Network; and
                    ``(B) such collaboration should include regular 
                consultation with interstate rail compact parties and 
                other regional planning organizations that address 
                passenger rail.''.

    (f) Other Reforms Related to State-supported Routes.--Section 24712 
of title