[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.
[[Page 135 STAT. 430]]
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.
[[Page 135 STAT. 431]]
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.
[[Page 135 STAT. 432]]
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.
[[Page 135 STAT. 433]]
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.
[[Page 135 STAT. 434]]
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