[Senate Report 114-80]
[From the U.S. Government Publishing Office]
Calendar No. 150
114th Congress } { Report
1st Session } { 114-80
======================================================================
DEVELOPING A RELIABLE AND INNOVATIVE VISION FOR THE ECONOMY (DRIVE) ACT
_______
July 15, 2015.--Ordered to be printed
_______
Mr. Inhofe, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 1647]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred the bill (S. 1647) to reauthorize Federal-aid highway
and highway safety construction programs, and for other
purposes, having considered the same, reports favorably thereon
with amendments and recommends that the bill, as amended, do
pass.
Purpose of the Legislation
S. 1647, as amended, authorizes Federal-aid highway and
highway safety construction programs through Fiscal Year 2021.
General Statement and Background
Legislation authorizing Federal investment in our nation's
highways date back nearly 100 years, to the passage of the
Federal Aid Road Act of 1916 and the Federal Highway Act of
1921. However, it was the enactment of the Federal-Aid Highway
Act of 1956 which significantly increased Federal investment in
America's highway system, directed considerable funding to the
building of the Interstate System, and established the Highway
Trust Fund as the mechanism for financing the highway program.
In addition, passage of the Highway Revenue Act of that same
year increased some of the existing highway-related taxes,
established new taxes, and provided that most of the revenues
from these taxes be deposited in the Highway Trust Fund as the
means to finance the Federal-aid highway program. A number of
multi-year authorization bills have been passed in the decades
following which authorized and modified the Federal-aid highway
program, provided formula funding to States for the
construction and maintenance of the nation's highway system,
and extended the highway-related taxes deposited into the
Highway Trust Fund.
Intermodal Surface Transportation Efficiency Act of 1991
The Intermodal Surface Transportation Efficiency Act of
1991 (ISTEA) was signed into law by President George H.W. Bush
on December 18, 1991, as Public Law 102-240. It authorized the
Federal surface transportation programs for highways, highway
safety, and transit for the 6-year period between 1992 and
1997. ISTEA was a milestone in the nation's transportation
history, as it provided the transition from a Federal program
based on completion of the Interstate system to a new Federal-
State-local partnership focused on balancing national systems
of transportation and State and local empowerment.
The three principal goals of ISTEA--intermodalism,
flexibility, and efficiency--were intended to carry out the
larger policy goal of developing a national intermodal
transportation system that connected all forms of surface
transportation in a unified and integrated manner. It was
envisioned that such a system would include the National
Highway System, consisting of the Interstate System and those
principal arterial roads essential for national defense, along
with connections to intermodal transfer facilities,
international commerce and border crossings, ports, and
airports. A primary purpose of ISTEA was the development of a
transportation system that was economically efficient and
environmentally sound, which provided the foundation for the
nation to compete in a global economy and moved people and
goods in an efficient manner.
National Highway System Designation Act of 1995
The National Highway System Designation Act (NHS Act) was
signed into law by President Clinton on November 28, 1995, as
Public Law 104-59. The purpose of the NHS Act was to designate
the National Highway System, consisting of the Interstate
System and those principal arterial routes that were essential
for interstate and regional commerce and travel, national
defense, intermodal transfer facilities and trade.
With the substantial completion of the Interstate System,
Congress recognized that the primary Federal responsibility to
ensure adequate mobility on our transportation system for
people and goods could be achieved on a larger network of
roads. Today, the National Highway System contains
interconnected routes that carried more than 55 percent of the
nation's highway traffic and 97 percent of truck freight
traffic and represents 5.5 percent of the nation's most heavily
traveled miles of the four million miles of public roads.
Americans depend on a well-maintained NHS that provides
critical connections between urban and rural communities.
Transportation Equity Act for the 21st Century
The Transportation Equity Act for the 21st Century (TEA-21)
was signed into law by President Clinton on June 9, 1998, as
Public Law 105-178. It authorized Federal surface
transportation programs for the 6-year period between 1998 and
2003. TEA-21 built upon the initiatives established in ISTEA to
meet the challenges of improving safety and enhancing
communities while advancing America's economic growth and
competitiveness domestically and internationally through
efficient transportation. Flexibility in the use of funds,
emphasis on measures to improve the environment, focus on a
strong planning process for making investment decisions--all
hallmarks of ISTEA--were continued and enhanced by TEA-21.
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users
The Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users (SAFETEA-LU) was signed into law
by President George W. Bush on August 10, 2005, as Public Law
109-59. SAFETEA-LU provided increased transportation
infrastructure investment, strengthened transportation safety
and environmental programs, and continued core research
activities. After the expiration of SAFETEA-LU on September 30,
2009, Federal surface transportation programs were continued
through a series of short-term extensions until the enactment
of the Moving Ahead for Progress in the 21st Century Act.
Moving Ahead for Progress in the 21st Century Act
The Moving Ahead for Progress in the 21st Century Act (MAP-
21) reauthorized the Federal-aid highway program at the
Congressional Budget Office's baseline funding level over
fiscal years 2013 and 2014.
MAP-21 modernized and reformed the transportation system to
help create jobs, accelerate economic recovery, and build the
foundation for long-term prosperity. The main goals of MAP-21
were to improve safety, reduce congestion and its impacts,
consolidate programs substantially to refocus the Federal-aid
highway program, improve the efficiency of infrastructure
project delivery, and establish funding and performance
criteria. MAP-21 achieved many of those goals by significantly
reforming and modernizing Federal surface transportation
programs.
Developing a Reliable and Innovative Vision for the Economy Act
This bill, the Developing a Reliable and Innovative Vision
for the Economy (DRIVE) Act, builds on the success of the
comprehensive reforms and performance-based approach to
transportation investment included in MAP-21. It provides six
years of increased funding, giving State and local governments
the certainty and stability they need to improve and develop
our nation's transportation infrastructure. These investments
will create new jobs, provide a boost to our nation's economy,
and keep us competitive in the global marketplace. Highlights
of the legislation include:
Long-term funding certainty for State and
local governments to support multi-year transportation
project investments;
Increased funding for existing core
transportation formula programs to provide States and
local governments with a strong Federal partner;
Creation of a new multi-billion dollar per
year freight program to help States deliver projects
that promote the safe, efficient, and reliable
transportation of consumer goods and products that is
on top of the existing formula programs;
Targeted funds for major projects of high
importance to a community, a region, or the nation;
Greater efficiency in the project delivery
process through improved collaboration and reduced
duplication;
Increased funding priority on the Interstate
System, the National Highway System, and bridges at
risk of funding shortfalls;
Greater transparency on the use of Federal
funds to show taxpayers where their infrastructure
dollars are being spent and reinforce public trust; and
Support for innovative financing tools that
allow State and local governments to leverage Federal
funds for transportation projects and maximize
investments, particularly in rural areas where such
tools were previously unavailable.
Conclusion
The DRIVE Act will provide critical long-term stability and
certainty which will allow State and local governments to
invest immediately in much-needed projects to maintain and
improve the nation's surface transportation infrastructure.
This will create jobs and stimulate economic activity
immediately. Improving the nation's surface transportation
infrastructure and implementing the previously enacted reforms
included in MAP-21 will provide long-term benefits to the
United States by keeping the economy competitive, ensuring that
funds are used more efficiently, and spurring innovation and
technology deployment.
Section-by-Section Analysis
Section 1. Short title
This section designates the title of the bill as the
``Developing a Reliable and Innovative Vision for the Economy
Act''.
Section 2. Definitions; Table of contents
This section defines the terms ``Department'' as the
Department of Transportation and ``Secretary'' as the Secretary
of Transportation for the purposes of this Act and lists the
table of contents.
TITLE I--FEDERAL-AID HIGHWAYS
SUBTITLE A--AUTHORIZATIONS AND PROGRAMS
Sec. 1001. Authorization of appropriations
This section provides contract authority funding amounts
from the Highway Trust Fund for Federal-aid highways and
highway safety construction programs for the length of the
bill, fiscal years 2016-2021.
Sec. 1002. Obligation ceiling
This section sets the annual limitation on obligations for
Federal-aid highways and highway safety construction programs
for the length of the bill, fiscal years 2016-2021. This
section identifies the programs that are exempt from the
obligation limitation and provides the methodology for
distributing the obligation authority between programs and
among the States.
Sec. 1003. Apportionment
This section provides the administrative expense amounts
for the Federal Highway Administration by fiscal year, includes
the percentage division of Federal-aid highway program funding,
and establishes funding amounts by fiscal year for the newly
proposed National Freight Program.
Sec. 1004. Surface Transportation Program
This section modifies the percentage of Surface
Transportation Program (STP) funds to be suballocated on the
basis of population from 50 to 55 percent. This section
increases the amount set-aside from STP funds for bridges and
broadens the set-aside eligibility to include any bridge not
located on the National Highway System (``off-NHS bridges'').
This section provides that States may receive credit toward the
non-Federal share of the cost of other bridge projects
conducted with State and local sources for any bridge project
not on a Federal-aid highway.
Sec. 1005. Metropolitan transportation planning
This section provides references encouraging Metropolitan
Planning Organizations (MPOs) to consider `resiliency' during
the planning process. This section provides for consideration
of intermodal facilities that support intercity transportation,
including intercity buses and intercity bus facilities, in the
long-range transportation plans and transportation improvement
programs. This section provides that designation or selection
of metropolitan planning organization officials or
representatives shall be determined in accordance with the
bylaws or enabling statute of the respective MPO. This section
also provides that a representative of a provider of public
transportation may also serve as a local elected official. In
addition, officials of public agencies under paragraph (2)(B)
shall be provided with commensurate authority with other such
officials. This section clarifies that the Lake Tahoe Region is
a metropolitan planning organization, a transportation
management area, and an urbanized area, and clarifies the
funding calculation for the region under the Surface
Transportation Program and the Transportation Alternatives
Program.
Sec. 1006. Statewide and nonmetropolitan transportation planning
This section provides for consideration of intermodal
facilities that support intercity transportation, including
intercity buses and intercity bus facilities, in the statewide
transportation plans and transportation improvement programs.
This section provides references encouraging States to consider
``resiliency'' during the planning process.
Sec. 1007. Highway use tax evasion projects
This section provides a reduced amount of funds
($4,000,000) to be used in conjunction with the Internal
Revenue Service for highway use tax evasion projects. This
funding authorization is consistent with the actual expenditure
by the Internal Revenue Service for such projects.
Sec. 1008. Bundling of bridge projects
This section provides affirmative authority to allow State
and local governments with flexibility to bundle similar bridge
projects eligible under the National Highway Performance
Program (NHPP) or STP programs in order to increase
efficiencies and accelerate the design and project approvals
for such projects.
Sec. 1009. Flexibility for certain rural road and bridge projects
This section provides an opportunity to save time and money
in delivering certain projects located in rural areas. This
section directs the Secretary of Transportation to exercise any
flexibilities available under existing legal authorities for
eligible road and bridge projects in order to provide
regulatory relief and flexibility to allow for expedited
approval and construction of such projects. The provision does
not authorize relief from statutory requirements, but does
authorize the Secretary to provide relief from regulatory
requirements provided that the project is not expected to have
either a significant adverse impact on the environment or an
adverse impact on safety. It is the intent of the Committee
that the Secretary act promptly in response to requests for
regulatory relief made pursuant to this section.
Sec. 1010. Construction of ferry boats and ferry terminal facilities
This section modifies the formula factor percentages for
the Ferry Boat Program. This section provides for the
redistribution of allocated funds for the program that remain
unobligated after three fiscal years following the fiscal year
the amounts were allocated. This section provides a minimum
allocation to each State of $100,000 in a fiscal year. This
section requires funds to be allocated based on the most recent
data available in the National Ferry Database. This section
authorizes the program at $75,000,000 for each of fiscal years
2016 through 2021.
Sec. 1011. Highway safety improvement program
This section restricts the use of the Highway Safety
Improvement Program funds so that they may only be used on
safety infrastructure projects, not behavioral safety projects.
This section adds new eligibilities under the program including
installation of vehicle-to-infrastructure communication
equipment, pedestrian hybrid beacons, and median and pedestrian
crossing islands. This section modifies the high-risk rural
road safety special rule to specify that a State must actually
show progress in reducing fatalities on such facilities. In
achieving the purpose of the Highway Safety Improvement
Program, States should consider cost-efficiency when evaluating
which infrastructure-related highway safety improvements to
utilize, without sacrificing the productivity of the
improvement.
Sec. 1012. Data collection on unpaved public roads
This section provides States flexibility with respect to
MAP-21 data collection requirements on unpaved public roads.
The flexibility under this section is based on unpaved roads
and fatality data. This section provides that a State may not
use Highway Safety Improvement Program funds on any unpaved
road for which data has not been collected.
Sec. 1013. Congestion mitigation and air quality improvement (CMAQ)
program
Additionally, the section provides an exemption from the
requirement that some CMAQ funds be set aside in cases of PM-
2.5 non-attainment or maintenance status in an area in States
with a population density of less than 80 persons per square
mile. The Committee became aware of circumstances where rural
counties or areas are in or could fall into nonattainment for
PM-2.5 largely due to non-transportation sources, such as wood
smoke from stoves used for heating, from road dust, or from
dust or particulates at mines or energy facilities. The CMAQ
funds set aside in these cases could not be used to address the
non-transportation source of the PM-2.5 and could not be used
for priority transportation purposes, either. This section
improves the effectiveness of the Federal-aid highway program
without undercutting the purpose of the PM-2.5 set aside, which
is to address PM-2.5 nonattainment driven by motor vehicle
emissions. Under this exemption, the PM-2.5 set aside would not
apply with respect to a non-attainment or maintenance area in a
low population density State when the regional motor vehicle
emissions are an insignificant contributor to the PM-2.5 air
quality problem in that nonattainment or maintenance area, and
where the area in nonattainment or maintenance for PM-2.5 does
not have projects in the applicable STIP that are part of the
emissions analysis for a metropolitan transportation plan or
improvement program. The absence of transportation control
measures for a nonattainment or maintenance area specifically
for PM-2.5 would be one way that the Secretary could find that
motor vehicle emissions are an insignificant contributor to the
PM-2.5 air quality problem. In such nonattainment or
maintenance areas, States will receive a proportionate
reduction in the amount of funds set aside for PM2.5 emissions
reduction projects. The section also modifies the PM-2.5 set
aside and priority use of funding for projects that reduce
emissions of fine particulate matter to clarify that such funds
must be utilized for cost-effective projects that reduce direct
emissions of PM2.5. This is to ensure that States are
maximizing the reduction of PM2.5 emissions and associated
public health impacts, consistent with the priority set-aside
established in MAP-21.
The section expands the eligibility to allow for the
utilization of CMAQ funds for diesel retrofits for projects
funded under both title 23 and chapter 53 of title 49, United
States Code. The section also offers States flexibility to
utilize funds set aside for the reduction of PM2.5 emissions
for certain eligible port-related and other surface
transportation projects.
Sec. 1014. National freight program
This section establishes dedicated funding for a new,
focused freight program for States to fund projects that
enhance regional and national freight movement. This section
amends 23 U.S.C. 167 in the following ways.
Subsection (a) sets forth the policy of the United States
to improve the national highway freight network, recognizing
that it is the foundation for the nation's economy and the key
to the nation's ability to compete in the global economy. This
subsection also establishes the national freight program in
accordance with the policy stipulated above and to achieve the
goals articulated in subsection (b), below.
Subsection (b) outlines the goals of the national freight
program.
Subsection (c) establishes the national highway freight
network, which consists of the primary highway freight system,
critical rural freight corridors, critical urban freight
corridors, and all Interstate System routes (including future
designated routes).
Subsection (d) articulates how the primary highway freight
system is to be designated and redesignated. The initial
designation of the primary highway freight system will be the
network designated by the Secretary under section 167 of title
23, United States Code, as in existence the day before the date
of enactment of the DRIVE Act, plus all NHS freight intermodal
connectors. This subsection requires the Secretary to
redesignate the primary highway freight system 1 year after
enactment of this Act and every 5 years thereafter using
particular factors, mileage limitations, and input from States
and State freight advisory committees. This section provides
that States may increase the number of miles on the primary
highway freight system, but by no more than 10 percent of the
miles already designated in that State and no later than 1 year
after each redesignation conducted by the Secretary based on
particular criteria provided in this section and that the State
shall consider nominations from MPOs within the State of
additional miles they would like to have designated. This
subsection strikes the network connectivity requirement
originally included in the designation factors for the primary
freight network under section 167 of title 23, United States
Code, as in existence the day before the date of enactment of
the DRIVE Act, to indicate the intent of the Committee that the
primary highway freight system does not need to represent a
connected network, but should instead recognize those
facilities that the best available data indicates are the most
critical facilities to moving goods into, out of, and through
the nation.
Subsection (e) provides that a State may designate certain
routes as critical rural freight corridors if those routes meet
certain criteria relating to truck volume, access to energy or
agricultural facilities, connectivity to other freight
facilities, or other facilities the State believes to be
important to improving the efficient movement of goods.
Subsection (f) is a parallel provision to subsection (e) and
provides that States and large metropolitan planning
organizations may designate certain routes as critical urban
freight corridors. Subsection (g) provides that a State or
metropolitan planning organization making a designation under
subsections (e) or (f) may do so on a rolling basis and, if
making such a designation, must certify that the facilities
meet the requirements of the applicable subsections.
Subsections (h) and (i) pertain to the national freight
strategic plan and the highway freight transportation
conditions and performance reports enacted under MAP-21.
Subsection (h) provides that the Secretary must develop and
publish a National Freight Strategic Plan no later than 3 years
after the date of enactment of the DRIVE Act. Subsection (i)
requires the Secretary to submit a report to Congress no later
than 2 years after the date of enactment of the DRIVE Act that
describes the condition and performance of the national highway
freight network.
Subsection (j) requires the Secretary to develop and
implement freight related transportation investment data and
planning tools no later than 1 year of the date of enactment of
the DRIVE Act. In order for States and MPOs to carry out
freight-related performance management analyses necessary to
meet the performance-based planning and programming structure
created under MAP-21, States and MPOs should use the latest,
most advanced, reliable, and transparent national data set of
average travel times.
Subsection (k) dictates how funds apportioned under this
program shall be used. It provides that States with less than 3
percent in the ratio that the total mileage of the State on the
primary highway freight system bears to the total mileage of
the primary highway freight system in all States may use their
freight formula funds for projects on any component of the
national highway freight network. States with a ratio of 3
percent or greater may use their freight formula funds for
projects on the primary highway freight system, critical rural
freight corridors, or critical urban freight corridors. This
subsection reinforces the requirement that a State establish
freight advisory committees and develop State freight plans by
providing that, if a State does not establish both within two
years of enactment of the DRIVE Act, from that point a State
may not obligate freight formula funds until the State has met
those two requirements. This subsection also limits a State
from spending more than 10 percent of their freight funds on
intermodal freight projects.
Subsection (l) requires States to submit a freight
performance improvement plan if the States has not met or made
significant progress toward meeting freight performance targets
under section 150 of title 23, United States Code.
Subsection (m) requires the Secretary to submit a report to
Congress evaluating the effect of the 10 percent intermodal use
limitation under subsection (k).
Subsections (n) and (o) codify the State freight advisory
committee and State freight plan language in MAP-21 sections
1116 and 1117, respectively.
Subsection (p) defines intelligent freight transportation
systems and describes the location and operating standards for
such systems.
Sec. 1015. Assistance for major projects program
This section requires the Administrator of the Federal
Highway Administration (``Administrator'') to establish a
program to fund major surface transportation projects that will
have a significant impact on a region or the nation. This
section provides that eligible applicants under this program
may be a State, local government, tribal government, a transit
agency, a special purpose district or a public authority with a
transportation function, a port authority, a political
subdivision of a State or local government, a Federal land
management agency, or multiple States or eligible entities.
This section provides that projects eligible under this program
may be projects eligible under title 23 or chapter 53 of title
49, United States Code, except that such projects must meet
particular eligible project costs estimates. This section
provides that a grant provided under this program must be at
least $50,000,000, except that projects selected in rural areas
or rural States may receive smaller grants. No less than 20
percent of the amount available to carry out the program in a
given fiscal year must be awarded to rural areas or rural
States. This section limits the percentage of funds in a fiscal
year that may be used on multimodal freight projects or transit
projects to 20 percent or less. This section limits the funds
granted in a fiscal year to no more than 20 percent for a
project in a single State. This section provides that the
Administrator may use amounts awarded toward subsidy or
administrative costs needed to provide a TIFIA loan for the
same project for which the grant award was provided. This
section requires project sponsors to evaluate system
performance for projects awarded grants under this section at
each of 5, 10, and 20 year intervals after the project is
completed. This section requires the Administrator to conduct a
national solicitation for eligible projects. This section
provides that once the Administrator has received project
applications, the Administrator must submit a list of projects
that meet the requirements of this section by January 1 of each
year to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives, except that the submitted list
must equal a total requested grant amount of at least 2 times,
but not more than 4 times, the authorization level for the
program in each fiscal year. This section provides that not
later than 90 days after receiving the list of projects from
the Administrator, each Committee must select projects to be
funded by adopting a resolution. This section requires adoption
of a congressional joint resolution to approve the award of
projects selected by the committees. This section provides that
if a congressional joint resolution is not adopted within 90
days after the date on which the first Committee adopts a
resolution selecting projects, or if neither Committee acts,
then the Administrator shall select projects and grant awards
within 90 days.
The Assistance for Major Projects Program (AMPP) will
facilitate the construction of infrastructure projects that are
difficult to complete solely using existing Federal, State,
local, and private funds. Among other purposes, projects
supported by AMPP will reduce congestion and the impacts of
congestion, generate national and regional economic benefits,
facilitate the efficient movement of freight, and improve
roadways that are vital to national energy security. With this
new program, the Committee emphasizes the importance of
addressing transportation impediments which significantly slow
interstate commerce. Across the country there are significant
bottlenecks that could benefit from this program, which would
provide substantial grant funding for infrastructure projects.
Examples of such mega-projects include the I-10 Mobile River
Bridge Project in Alabama, the I-75/I-71 Brent Spence Bridge
Corridor Project in Ohio and Kentucky, the Arlington Memorial
Bridge between Virginia and the District of Columbia, the I-
635E reconstruction in Texas, and the I-5 Columbia River
Crossing between Washington State and Oregon.
Sec. 1016. Transportation alternatives
This section provides $850,000,000 for the Transportation
Alternatives program each fiscal year. This section provides
that each State will receive a proportion of the funds
authorized for the program in the ratio of the amount
apportioned to the State for the Transportation Enhancements
program in fiscal year 2009 as it bears to the total amount of
funds apportioned to all States for the Transportation
Enhancements program in fiscal year 2009. This section provides
that all of the funds provided to a State under this section
must be suballocated to areas based on their relative share of
the total State population. This section clarifies that a
metropolitan planning organization may further suballocate
funds within the boundaries of the metropolitan planning area
if a competitive process is used to make the award. This
section requires States or metropolitan planning organizations
to submit an annual report to the Secretary describing the
number of applications received in each fiscal year and the
number of projects selected each fiscal year under this
section. This section requires the Secretary to develop
regulations or guidance regarding implementation of this
section that encourages productive and timely expenditure for
projects.
Sec. 1017. Consolidation of programs
This section continues funding through fiscal year 2021 for
safety clearinghouses and public service programs that have
received funding since SAFETEA-LU.
Sec. 1018. State flexibility for National Highway System modifications
This section requires the Secretary to issue guidance
within 90 days of enactment of the DRIVE Act for States
requesting assistance from the Federal Highway Administration
to review roads classified as principal arterials of the
National Highway System as of October 1, 2012, and identify any
necessary functional classification changes to rural and urban
principal arterials. This section requires the Department to
act expeditiously in the review and reclassification of such
arterials and assist with the removal of reclassified roads if
the inclusion of the road on the National Highway System is not
consistent with the needs and priorities of the community or
region in which the reclassified road is located. This section
requires the Secretary to review the National Highway System
modification process and make any necessary regulatory changes
to ensure that a State may modify or withdraw a road from the
National Highway System. This section requires the Department
to submit a report to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives within 1 year of
enactment of the DRIVE Act, and every year thereafter, that
provides the status of any requests made by a State for the
reclassification of a road on the National Highway System. This
section provides clarifications to section 103 of title 23,
United States Code, regarding the withdrawal of a road on the
National Highway System.
Sec. 1019. Toll roads, bridges, tunnels, and ferries
This section makes technical changes to clarify existing
State tolling authorities related to the calculation of High
Occupancy Vehicle (HOV) lanes with respect to tolled and toll-
free lanes. The section also requires that private buses
serving the public be given access to toll facilities on the
same terms as public buses.
Sec. 1020. HOV facilities
This section makes modifications to consolidate and align
authorities and requirements related to establishment and
conversion of High Occupancy Vehicle (HOV) and High Occupancy
Toll (HOT) lanes. It also updates and modernizes the definition
of low-emission and energy-efficient vehicles that States may
designate as exempt from tolls, eligible for reduced toll
rates, or exempt from HOV requirements. Finally, the section
institutes a more structured procedure that public entities
must follow to address degraded performance of an HOV facility.
Sec. 1021. Interstate System Reconstruction and Rehabilitation Pilot
Program
This section would continue the Interstate System
Reconstruction and Rehabilitation Pilot Program (ISRRPP)--
created in 1998 as part of the Transportation Equity Act for
the 21st Century. The purpose of the ISRRPP is to provide a
limited number of States with the ability to pursue tolling
portions of their Interstate System highways for the purpose of
reconstruction and rehabilitation of those assets.
In addition to continuing the program, This section makes
modifications to the existing Interstate System Reconstruction
and Rehabilitation Pilot Program (ISRRPP) to streamline the
application process, reduce Administrative discretion in
approval of applications, and create greater certainty for
States seeking to utilize the opportunities offered by the
program for the reconstruction and rehabilitation of Interstate
highways, consistent with the overall goal of expediting
efforts to reconstruct or rehabilitate America's Interstate
highways. These modifications would streamline the process for
approval and implementation of the pilot program--allowing
States to move forward once they have met the requirements and
are ready to do so.
There are currently three slots in the ISRRPP and this
section maintains that number. At this time, the three slots
are currently occupied. Missouri received conditional
provisional approval from the U. S. Federal Highway
Administration on July 26, 2005; Virginia on September 14,
2011; and North Carolina on February 17, 2012. In each case,
various local factors have prevented the State from advancing
its pilot past the point of receiving FHWA's conditional
provisional approval. Because the three slots are currently
occupied and even though there has been no movement on their
respective projects, no other State that may wish to
participate can have access to the program.
The section requires that a State that wishes to
participate in the program submit a detailed application that
includes, among other things, including an analysis
demonstrating that the facility has a significant age,
condition, or intensity of use, and an analysis showing how the
State plan for implementing tolls on the facility takes into
account the interests and use of local, regional, and
interstate travelers. The application process provides an
opportunity for public input on pilot program proposals. In
addition, the section creates a mechanism for the U. S.
Transportation Secretary to cancel a State's participation in
the ISRRPP if the State has not made demonstrable progress
within a specified period of time, as well as for a State to
voluntarily withdraw from the pilot.
Sec. 1022. Emergency relief for Federally owned roads
This section clarifies that the Emergency Relief program
may be utilized for eligible projects located on tribal
transportation facilities, Federal lands transportation
facilities, or other Federally owned roads open to public
travel. This section provides a definition for roads open to
public travel.
Sec. 1023. Bridges requiring closure or load restrictions
This section ensures continued safety of the traveling
public by providing the Secretary authority for circumstances
when a State, Federal agency, or tribal government fails to
properly close or to restrict loads on a bridge that is open to
public travel. Under this section, the Federal agency, or
tribal government is responsible for ensuring proper closure or
load restriction of bridges under its jurisdiction, and the
State is responsible for all other bridges within its
boundaries. This section provides that the Secretary must
require a State, Federal agency, or tribal government to close
such a bridge within 48 hours or restrict loads on it within 30
days. This section provides that failure of a State to do so
could result in the Secretary withholding approval for Federal-
aid projects in the State. This section provides that failure
by a Federal agency or tribal government to close such a bridge
or restrict loads could result in the Secretary withholding
title 23 funding available to such Federal agency or Tribe.
Sec. 1024. National electric vehicle charging and natural gas fueling
corridors
This section requires the Secretary to designate electric
vehicle charging and natural gas fueling corridors across the
nation to identify the needs and most vital locations for such
fueling and charging infrastructure. This section requires the
Secretary to solicit nominations for such corridors and involve
stakeholders in the designation process. This section requires
the Secretary to redesignate and update the designated
corridors every 5 years. This section requires the Secretary to
issue a report after each designation and redesignation of the
corridors.
Sec. 1025. Asset management
This section modifies the term used to describe the
condition of a bridge in need of repair from ``structurally
deficient'' to ``being in poor condition'' for consistency with
the performance management process.
Sec. 1026. Tribal transportation program amendment
This section decreases the program management and oversight
and project-related administrative expenses related to the
tribal transportation program from 6 percent to 5 percent. This
section increases the set-aside for high-priority tribal
bridges from 2 percent to 3 percent.
Sec. 1027. Nationally significant Federal lands and tribal projects
program
This section requires the Secretary to establish a program
to provide funding to construct, reconstruct, or rehabilitate
nationally significant Federal lands and tribal transportation
projects. This section provides that eligible applicants for
this program include entities eligible for funding under
sections 201, 202, 203, and 204 of title 23, United States
Code. This section provides that eligible projects under this
program must be a single, continuous project on a Federal lands
transportation facility, a Federal lands access transportation
facility, or a tribal transportation facility. This section
further provides that the National Environmental Policy Act
process must have been completed for such projects and that
those projects must meet certain estimated costs described in
this section. This section provides that activities related to
project design are not eligible under this program. This
section provides that the Secretary must consider certain
factors when selecting projects. This section provides that the
Federal share for projects funded under this program is 95
percent.
Sec. 1028. Federal lands programmatic activities
This section provides technical changes regarding Federal
lands programmatic activities. This section clarifies that the
Indian Self-Determination and Education Assistance Act applies
to data collection required to implement the tribal
transportation program, rather than data collection required to
implement the Federal Lands Transportation Program (FLTP) and
Federal Lands Access Program(FLAP). This section adds a new
eligibility for cooperative research and technology deployment
between the Department and appropriate Federal land management
agencies. This section clarifies that the 5 percent takedown
from the FLTP and FLAP, data collection, bridge inspections,
and asset management activities may only be used for Federal
lands transportation facilities, Federal lands access
transportation facilities, and other Federally-owned roads open
to public travel. This section also allows such funds to be
used for bridge inspections on any Federally-owned bridge, even
if such bridge is not included on the FLTP inventory, and for
transportation planning activities undertaken by any Federal
land management agency eligible for funding under chapter 2 of
title 23, United States Code.
Sec. 1029. Federal lands transportation program
This section makes technical changes to allow for effective
implementation of the Federal lands transportation program.
This section makes capital transit projects eligible for funds
under this program. This section provides that before the
Secretary provides funding to eligible agencies, the award
should also be coordinated with the transportation plan of the
Bureau of Reclamation and independent Federal agencies with
natural resource and land management responsibilities.
Sec. 1030. Innovative project delivery
This section provides that the Federal share payable
increase of up to 100 percent for innovative projects includes
those projects that contain innovative engineering, design
approaches, or project delivery methods. The intent of this is
to incentivize the use of an innovative design for a facility
such as an interchange, or an engineering method such as a
newly developed pavement material that will extend the service
life of a facility. This section also provides that examples of
such projects include those that use innovative procurement
procedures such as alternative design or alternative bid, in
which two or more designs or bid items are presented for the
same project in order to foster competition, innovation, and
cost savings.
SUBTITLE B--ACCELERATION OF PROJECT DELIVERY
Sec. 1101. Categorical exclusion for projects of limited Federal
assistance
This section provides for an inflationary adjustment to the
categorical exclusion for projects of limited Federal
assistance, by amending MAP-21 section 1317 where this
categorical exclusion was originally enacted. This section
inflates the $5 million and $30 million figures from MAP-21
section 1317 by the Consumer Price Index between July 1, 2012
and October 1, 2015, and annually thereafter.
Sec. 1102. Programmatic agreement template
MAP-21 provided the Secretary the authority to enter into
programmatic agreements with States under which a State can
make categorical exclusion determinations on projects. This
section modifies this new authority by directing the Secretary
to create a standard template of a programmatic agreement that
can voluntarily be used by States, in a manner that fits the
unique needs and circumstances of that State.
Sec. 1103. Agency coordination
This section amends section 139(c)(6) of title 23, United
States Code, to require that participating agencies engaging in
the environmental review process provide comments, responses,
studies, or methodologies on those areas within the special
expertise or jurisdiction of the participating agency.
Sec. 1104. Initiation of environmental review process
This section amends section 139 of title 23, United States
Code, to allow a project sponsor to initiate the environmental
review process when innovative or nontraditional financing
sources, such as a Transportation Infrastructure Finance and
Innovation Act loan, are the potential funding source for the
project. This section gives a project sponsor the statutory
authority to request a specific operating administration or
secretarial office within the Department to serve as the
Federal lead agency for the project. This section encourages
agencies to reduce duplication in the evaluation of
alternatives during the National Environmental Policy Act and
planning processes.
Sec. 1105. Improving collaboration for accelerated decision making
This section requires the lead agency to establish a
schedule for completion of the environmental process when an
Environmental Assessment or Environmental Impact Statement is
required. This section amends section 139 of title 23, United
States Code to relate the time period for application of
financial penalty provision against a Federal agency back to
the benchmarks in the schedule for completion established by
the lead agency and agreed-to by the participating agencies. If
the participating agencies never agreed to the lead agency-
established schedule, than the 180-day schedule in current law
would still govern the assessment of financial penalties.
Sec. 1106. Accelerated decisionmaking in environmental reviews
MAP-21 section 1319 vested lead agencies with the authority
to draft errata sheets providing minor technical edits to final
environmental impact statements so that the lead agencies would
not have to go through the procedural step of issuing a
supplemental environmental impact statement to make such
changes. MAP-21 section 1319 did not codify this authority
within title 23, United States Code. This section codifies
section 1319 of MAP-21 in title 23, United States Code.
Sec. 1107. Improving transparency in environmental reviews
This section requires the Secretary of Transportation to
establish an online platform to report project level status of
the reviews, approvals, and permits required for compliance
with NEPA or other Federal laws.
Sec. 1108. Integration of planning and environmental review
This section reduces duplication between the transportation
planning and the environmental review processes. This section
will improve efficiency of project delivery by making it easier
for documents prepared during the transportation planning
process to be used during the environmental review process,
consistent with National Environmental Policy Act.
Sec. 1109. Use of programmatic mitigation plans
This section requires a Federal agency responsible for
environmental reviews, permits, or approvals for a
transportation project to consider any programmatic mitigation
plans developed by a State or Metropolitan Planning
Organization to address environmental impacts of future
transportation projects.
Sec. 1110. Adoption of Departmental environmental documents
This section allows an operating administration within the
Department to adopt a draft Environmental Impact Statement,
Final Environmental Impact Statement, Environmental Assessment
or any other document issued under NEPA by another operating
administration within the Department for a project if the
project is substantially similar to the project for which the
original document was developed.
Sec. 1111. Technical assistance for States
This section requires the Secretary of Transportation to
provide technical assistance to a requesting State when the
State is assuming responsibility for categorical exclusion
determinations under title 23, United States Code. This section
extends the period for corrective action during the termination
process after a State has assumed such responsibility and
requires that the State have an opportunity to rectify
implementation issues prior to final termination.
Sec. 1112. Surface transportation project delivery program
This section extends the period for corrective action
during the termination process after a State has assumed full
National Environmental Policy Act responsibility from the
Secretary. This section requires that the State have an
opportunity to rectify implementation issues prior to final
termination.
Sec. 1113. Categorical exclusions for multimodal projects
This section expands the application of categorical
exclusions for multimodal projects to all Departmental actions
rather than only those funded under title 23or chapter 53 of
title 49, United States Code.
Sec. 1114. Modernization of the environmental review process
This section requires the Secretary to examine ways to
modernize, simplify, and improve implementation of the National
Environmental Policy Act process through a report to be
submitted to the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives no later than 1
year after the date of enactment of the DRIVE Act.
Sec. 1115. Service club, charitable association, or religious service
signs
This section provides States the option of grandfathering
existing service club, charitable association, or religious
service signs with a size of 32 square feet or less. All future
signs must meet the 8 square feet requirement in the Highway
Beautification Act.
Sec. 1116. Satisfaction of requirements for certain historic sites
This section aligns the section 4(f) and section 106
processes to achieve efficiency in reviews for historic sites
while continuing to provide important protection for cultural
resources including mitigating potential impacts. This section
would require the Department of Transportation to work with the
Department of the Interior and the Advisory Council on Historic
Preservation on ways to effectively implement this section and
align section 4(f) and section 106 requirements.
Sec. 1117. Bridge exemption from consideration under certain provisions
This section exempts a category of ordinary concrete and
steel bridges constructed after 1945 from section 4(f) review.
Sec. 1118. Elimination of barriers to improve at-risk bridges
This section provides a temporary authorization for the
taking of nesting swallows when conducting a construction
project on a bridge in serious condition. The temporary
authorization would expire upon the issuance of a final rule by
the Secretary of Interior that provides a process for such
takes.
Sec. 1119. At-risk project preagreement authority
This section allows a State or a subreceipient of Federal-
aid funds to incur preliminary engineering expenses before the
State or subrecipient receives a project authorization. Such
expenses would be at the risk of the State or subrecipient, but
if the project is authorized, then the State or subrecipient
could request reimbursement of such expenses from Federal
funds.
SUBTITLE C--MISCELLANEOUS
Sec. 1201. Credits for untaxed transportation fuels
This section allows States that collect revenue on vehicles
that operate on fuels not taxed at the Federal level to use
this revenue as a ``soft match'' to increase the Federal share
on projects. This section requires the Secretary in
coordination with appropriate Federal agencies to submit a
report to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure
of the House by September 30, 2023 that describes the most
efficient and equitable means of taxing motor vehicle fuels not
subject to a Federal tax.
Sec. 1202. Justification reports for access points on the Interstate
System
This section amends section 111 of title 23, United States
Code by providing a clarification regarding the type of
projects covered by the justification report provision.
Sec. 1203. Exemptions
This section amends section 127 of title 23, United States
Code by providing certain exemptions to truck weight laws for
natural gas vehicles, emergency vehicles, and a small segment
in the State of Arkansas. This section allows natural gas
vehicles to exceed any vehicle weight limit of up to 82,000.
This section allows emergency vehicles to receive an exemption
of up to 86,000 pounds. This section designates U. S. Route 63
between the exits for highways 14 and 75 in Arkansas as part of
the Interstate system.
Sec. 1204. High priority corridors on the national highway system
This section amends section 1105 of the Intermodal Surface
Transportation Efficiency Act by adding three new future
Interstate designations along the Raleigh-Norfolk Corridor,
Washoe County Corridor, and Intermountain West Corridor.
Sec. 1205. Repeat intoxicated driver law
This section provides that State repeat intoxicated driver
laws may be viewed in combination for purposes of meeting the
requirements of section 164 of title 23, United States Code.
Sec. 1206. Vehicle-to-infrastructure equipment
This section amends sections 119(d) and 113(b) of title 23,
United States Code, by adding funding eligibilities for
vehicle-to-infrastructure communication equipment under the
National Highway Performance Program and the Surface
Transportation Program.
Sec. 1207. Designated projects
This section provides States the flexibility to repurpose
earmarks older than 10 fiscal years that have been obligated
less than 10 percent of the amount originally made available or
with unexpended balances of funds for a project that has been
closed. Congressional earmarks administered by the Federal
Highway Administration that meet such criteria may be used for
any Surface Transportation Program eligible purpose within 50
miles of the original earmark designation, so long as it is
within the State or territorial lines of the original earmark.
The funds and associated obligation limitation shall remain
available for obligation for 3 fiscal years. This section
provides that the Federal share of the cost of the repurposed
project shall be the same as that originally associated with
the earmark.
Sec. 1208. Relinquishment
This section allows a State transportation agency to
relinquish park-and-ride lot facilities to a local government
agency for highway purposes.
Sec. 1209. Transfer and sale of toll credits
This section requires the Secretary to establish a pilot
program to identify the feasibility of implementing toll credit
marketplace. The Secretary may only select up to 10 States to
participate in program, which allows States to transfer or sell
toll credits pursuant to section 120(i) of title 23, United
States Code. This section allows a recipient State to use a
credit toward the non-Federal share requirement for any funds
made available under title 23 or chapter 53 of title 49, United
States Code. Under this section, an eligible State shall use
the proceeds for any project eligible under STP. In addition,
the Secretary is required to establish a nationwide toll credit
monitoring and tracking system. This section requires that the
Secretary submit a report to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives no later
than 180 days after the date of establishment of the pilot
program.
Sec. 1210. Regional infrastructure accelerator demonstration program
This section establishes a regional infrastructure
demonstration program to improve infrastructure priorities and
financing strategies for the accelerated development of a
project eligible for funding under the Transportation
Infrastructure Finance and Innovation Act program. This section
establishes regional infrastructure accelerators and authorizes
the appropriation of $12 million from the general fund to
support the program. This section requires the Secretary to
submit an annual report to Congress on the effectiveness of the
program.
TITLE II--TRANSPORTATION INNOVATION
SUBTITLE A--RESEARCH
Sec. 2001. Research, technology, and education
This section adds to the existing highway research and
development eligibilities to include new and innovative bridge
inspection technologies under the infrastructure integrity
component of the program. The section also continues the
emphasis established under MAP-21 regarding the deployment of
new innovative transportation research activities. This section
does so by establishing a more structured and transparent
process under which the Department makes grants and enters into
cooperative agreements and contracts with eligible entities
outside of the Department of Transportation in order to
accelerate the deployment and adoption by stakeholders of
innovative technologies under the Technology and Innovation
Deployment Program. This section requires that at least 50
percent of the funds authorized to carry out the Technology and
Innovation Deployment Program be distributed to such eligible
entities. The section also extends the authorization for the
Accelerated Implementation and Deployment of Pavement
Technologies program.
Sec. 2002. Intelligent Transportation Systems
This section establishes a competitive grant component
under the Intelligent Transportation Systems (ITS) program to
accelerate the deployment, operation, systems management,
intermodal integration, and interoperability of ITS. This
component should enable grant recipients to deploy ITS
strategies, such as integrated corridor management activities
and autonomous vehicle, vehicle-to-vehicle, and vehicle-to-
infrastructure communication technologies. The Federal share
for grants awarded under this section shall not exceed 50
percent of the cost of the project, as the intent of the
deployment program is to provide an incentive for State and
local governments to invest in cost-effective ITS projects
while ensuring that the grant recipient is invested in the
project as well. This section provides that funding for the
deployment program shall be not less than $30 million per year,
out of funds otherwise authorized for ITS activities under
sections 512 through 518 of title 23, United States Code. The
section also provides minor technical amendments to the goals
and purposes of the ITS program and to more properly align the
due date of the ITS Advisory Committee Report to Congress with
the current cycle of Advisory Board meetings.
Sec. 2003. Future interstate study
This section provides funding for the Secretary to enter
into an agreement with the Transportation Research Board of the
National Academies to conduct a study on the actions needed to
upgrade and restore the Interstate System in order to ensure
that it meets the growing and shifting demands of the 21st
century and the next 50 years. This section requires the
Transportation Research Board to submit a report 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 no later than 3 years after the
date of enactment of the DRIVE Act
Sec. 2004. Researching surface transportation system funding
alternatives
This section provides funding for the research of user-
based alternative revenue mechanisms that preserve a user fee
structure to maintain the long-term solvency of the Highway
Trust Fund. The funds authorized under this section shall be
provided through grants to individual States, groups of States,
or other appropriate entities such as local governments, to
conduct research into user-based alternative revenue
mechanisms. The intent of this section is to provide funding so
that informative research can be generated through pilot
programs or other research conducted across a broad and diverse
cross-section of the country to test such revenue mechanisms.
This section requires the Secretaries of Transportation and
Treasury, acting jointly, to submit a report to the Committee
on Finance and the Committee on Environment and Public Works of
the Senate and the Committee on Ways and Means and the
Committee on Transportation and Infrastructure of the House of
Representatives on competition of the research activities under
this section.
SUBTITLE B--DATA
Sec. 2101. Tribal data collection
This section requires entities carrying out a project under
the Tribal Transportation Program to collect and submit project
level data to the Secretaries of Transportation and Interior.
In order for tribes and Congress to more accurately assess
future tribal transportation needs and policy, data collection
on current and ongoing projects is needed. With more data,
tribes and Congress can examine how tribal transportation funds
are being used and more accurately assess future needs and
priorities.
Sec. 2102. Performance management data support program
This section provides a funding source for the Federal
Highway Administration to develop, use, and maintain data sets
and data analysis tools to assist Metropolitan Planning
Organizations (MPO) and States in carrying out performance
management analyses. A national-level program would provide an
advanced level of capacity for decision-making to guide
investments and policy efforts. The ability to have such
advanced capacity for decision-making could lead to significant
cost savings to States, MPOs, and others by using data and
analytics to define an optimal transportation system and assist
in targeting operational and capital investments strategically,
and implement policies effectively.
SUBTITLE C--TRANSPARENCY AND BEST PRACTICES
Sec. 2201. Every Day Counts initiative
This section establishes in Federal law the Federal Highway
Administration's Every Day Counts initiative, which is a State-
based model that utilizes innovative practices to shorten the
project delivery process, enhance roadway safety, reduce
congestion, and environmental sustainability.
Sec. 2202. Department of Transportation performance measures
This section requires the Secretary to measure and report
to Congress on progress and achievements made by the Department
with respect to the performance management requirements
established under MAP-21. It also requires the Department's
Inspector General to submit a report to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives no later than 3 years after the date of
enactment of the DRIVE Act on the results of the evaluation
conducted by the Department.
Sec. 2203. Grant program for achievement in transportation for
performance and innovation
This section authorizes a grant program, funded with
General Fund appropriations, to incentivize and award high-
performing States, Metropolitan Planning Organizations, local
governments, and tribal governments in the areas of performance
management, innovation, and efficiencies in surface
transportation. The program would reward such entities by
providing grants which could be used for projects eligible
under title 23 or chapter 53 of title 49, United States Code.
Sec. 2204. Highway trust fund transparency and accountability
This section will increase transparency regarding the way
in which the Federal Highway Administration utilizes Federal-
aid highway funding for administrative expenses by requiring
the Federal Highway Administration to report elemental project
level data by fiscal year.
Sec. 2205. Report on highway trust fund administrative expenditures
This section requires the Comptroller General to submit a
report to Congress describing the use of administrative
expenses by the Federal Highway Administration.
Sec. 2206. Availability of reports
This section requires all reports submitted to Congress by
DOT to also be posted on the DOT's website in order to increase
transparency and oversight by Congress and the public.
Sec. 2207. Performance period adjustment
This section will amend the timeframe for reporting by
States and MPOs on the progress they have made to meet their
performance targets. Under MAP-21, States and MPOs have two
performance periods to meet the targets they set for themselves
under each of the performance measures. This provision reduces
these to one performance period.
Sec. 2208. Design standards
This section amends section 109 of title 23, United States
Code, in regards to design criteria for the National Highway
System. It also adds two manuals for consideration by the
Secretary when establishing design standard criteria. The
section also provides flexibility to local jurisdictions to use
a different roadway design guide than the State when the local
jurisdiction owns the roadways on which the project is being
undertaken.
TITLE III--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT OF
1998 AMENDMENTS
Sec. 3001. Transportation Infrastructure Finance and Innovation Act of
1998 Amendments
Enacted as part of the 1998 Transportation Equity Act for
the 21st Century (TEA-21), the Transportation Infrastructure
Finance and Innovation Act (TIFIA) program provides Federal
credit assistance to highway, transit and rail projects of
national or regional significance. The purpose of the program
is to leverage Federal funds by attracting substantial private
or other non-Federal investment in critical surface
transportation improvements.
The TIFIA program provides direct loans, loan guarantees,
and lines of credit to large and nationally or regionally
significant highway, transit, railroad, intermodal freight and
port access projects with a dedicated revenue stream at terms
that are more favorable than those available in the private
sector and that will leverage private and other non-Federal
investment in transportation improvements. Eligible applicants
include State departments of transportation, transit operators,
special authorities, local governments, and private entities.
MAP-21 greatly expanded the TIFIA program to help
communities leverage their transportation resources and stretch
Federal dollars further than they have been stretched before by
increasing the funding for the oversubscribed TIFIA program
from $122 million to $1 billion per year. MAP-21 also increased
the maximum share of project costs that can be covered by a
TIFIA loan from 33 percent to 49 percent, allowed TIFIA to be
used to support a related set of projects, allowed upfront
commitments of future TIFIA program dollars through the use of
master credit agreements, and set aside funding for projects in
rural areas at more favorable terms.
The DRIVE Act continues to build upon the success of the
TIFIA program by making additional modifications to improve
access to the program and expand leveraging opportunities.
This section updates the TIFIA program to enable it to be
better utilized by rural areas and more accessible for small
projects. This is accomplished by using the leveraging ability
of the program to support State infrastructure banks and
allowing U. S. DOT to set-aside program funding for the
explicit purpose of replacing the fees typically collected from
TIFIA borrowers to pay for independent financial analysis and
outside counsel for rural projects. This section also makes
technical modifications to the TIFIA program and reinstates the
ability of a State to capitalize their State infrastructure
bank with their Federal-aid highway funds.
TITLE IV--TECHNICAL CORRECTIONS
Sec. 4001. Technical corrections
This section makes technical corrections to titles 23 and
49 of the United States Code, to the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users (SAFETEA-LU), and to Division E of MAP-21 (the
Transportation Research and Innovative Technology Act of 2012).
SAFETEA-LU established reciprocal easements in section 4407
between the United States Forest Service and the State of
Alaska. The technical amendment to this section cures a
perceived defect and now will allow the exchange of all
remaining reciprocal easements to continue. As soon as
possible, the Committee intends the Secretary of Agriculture
(Secretary) to prepare and deliver to the State of Alaska an
easement for the construction and operation of each highway
located in a transportation and utility corridor identified on
Map 92337 where the State of Alaska has already secured all
necessary Federal and State permits for the construction of
each highway facility. The Secretary of Agriculture is
encouraged to participate as a cooperating agency in the
environmental analysis and permitting of the remaining State
highways to be located in Map 92337's transportation and
utility corridors linking the communities of Southeast Alaska.
The Committee intends that the Secretary of Agriculture will
not withhold or deny the issuance of an easement for a proposed
transportation or utility project that otherwise has all
necessary construction permits and authorizations from other
State and Federal agencies.
TITLE V--MISCELLANEOUS
Sec. 5001. Appalachian development highway system
This section extends the authorization for the Appalachian
Development Highway System (ADHS). MAP-21 expressed the Sense
of the Senate that ``the timely completion of the [ADHS] is a
transportation priority in the national interest.'' The
Committee continues to support this viewpoint. MAP-21 also
provided that the Federal share for the cost of constructing
highways and access roads on the ADHS ``shall be 100 percent''
through fiscal year 2021. This was intended to provide an
incentive to complete the ADHS by allowing States within the
ADHS to use Federal funds on ADHS projects without an
accompanying State contribution. This section amends this
Federal share language from MAP-21 by providing that the
Federal share for the use of funds on the ADHS may be up to 100
percent of the project cost, as determined by the State. This
will allow a State to provide State and local funds to match
Federal ADHS funding. The MAP-21 language prohibits a State
from matching ADHS funds. As such, this revision was necessary
in order to clarify that a State may, but is not required to,
contribute State funds for ADHS projects. For a State that does
not elect to contribute funds, the Federal share for the cost
of constructing highways and access roads on the ADHS shall be
100 percent.
Sec. 5002. Appalachian regional development program
This section would authorize a high-speed broadband
deployment initiative under which the Appalachian Regional
Commission (ARC) may provide assistance to increase access to
and support broadband adoption efforts in the Appalachian
region. Funding for this new initiative would come from the
annual funding authorization for the ARC. This section also
reauthorizes funding for the ARC for each of fiscal years 2012
through 2021 at the fiscal year 2012 authorized funding level.
This section also extends the termination date for the ARC
until October 1, 2021.
Sec. 5003. Water infrastructure finance and innovation
This section strikes 33 USC 3907(a)(5), which limits any
project receiving Federal credit assistance under the water
infrastructure finance and innovation program from being
financed with tax exempt bonds.
Sec. 5004. Administrative provisions to encourage pollinator habitat
and forage on transportation rights-of-way
This section requires the Secretary to encourage States to
use integrated vegetation management practices and to develop
habitat for native pollinators in transportation rights-of-way.
Sec. 5005. Study on performance of bridges
This section requires the Administrator of the Federal
Highway Administration to commission a report by the
Transportation Research Board to study the performance of
bridges that received funding under the innovative bridge
research and construction program.
TITLE VI--EXTENSION OF FEDERAL-AID HIGHWAY PROGRAMS
Sec. 6001. Extension of Federal-aid highway programs
This section extends Federal-aid highway programs from
August 1, 2015 to September 30, 2015.
Sec. 6002. Administrative expenses
This section provides an extension at current funding
levels of administrative expenses for FHWA to September 30,
2015.
Legislative History
On June 23, 2015, Senator Inhofe, chairman of the Committee
on Environment and Public Works, introduced S. 1647, the DRIVE
Act. Senators Boxer, Vitter, and Carper were original
cosponsors of the legislation. The bill was referred to the
Senate Committee on Environment and Public Works.
On June 24, 2015, the Senate Committee on Environment and
Public Works conducted a business meeting to consider S. 1647.
The bill, as amended, was favorably reported out of Committee
by a unanimous vote of 20-0.
Hearings
Since the passage of MAP-21 in 2012, the Committee has held
eight hearings to conduct oversight on the implementation of
MAP-21 and hear from stakeholders what priorities should be
addressed in the reauthorization of MAP-21.
7/24/2013 Full Committee Hearing: ``Oversight
Hearing on Implementation of MAP-21's TIFIA Program
Enhancements.''
9/18/2013 Full Committee Hearing: ``Implementing
MAP-21's Provisions to Accelerate Project Delivery.''
9/25/2013 Full Committee Hearing: ``The Need to
Invest in America's Infrastructure and Preserve Federal
Transportation Funding.''
2/12/2014 Full Committee Hearing: ``MAP-21
Reauthorization: The Economic Importance of Maintaining Federal
Investments in Our Transportation Infrastructure.''
3/27/2014 Full Committee Hearing: ``MAP-21
Reauthorization: State and Local Perspectives on Transportation
Priorities and Funding.''
1/28/2015 Full Committee Hearing: ``The Importance
of MAP-21 Reauthorization: Federal and State Perspectives.''
2/25/2015 Full Committee Hearing: ``The Importance
of MAP-21 Reauthorization: Perspectives from Owners, Operators,
and Users of the System.''
6/1/2015 Subcommittee Hearing: Need to Invest
Federal Funding to Relieve Traffic Congestion and Improve Our
Roads and Bridges at the State and Local Level.''
Rollcall Votes
On June 24, 2015 the Committee on Environment and Public
Works met and considered S. 1647. The Committee adopted by a
single voice vote an amendment to the bill that made technical
changes to the text, along with a group of amendments,
including modifications, which made modifications to the bill
and were considered en bloc. The Committee on Environment and
Public Works ordered S. 1647, as amended, reported favorably to
the Senate by voice vote with a quorum present.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee finds that the
regulatory impact of S. 1647 is expected to be minimal. This
will not directly regulate individuals or business and will not
have any effect on the personal privacy of individuals.
Other than current regulations and those regulations
affecting the eligibility and use of funds provided in this
bill, the provision having a regulatory impact of significance
is section 1118.
Section 1118 requires the Secretary of the Interior, in
consultation with the Secretary of Transportation, to
promulgate a regulation under the Migratory Bird Treaty Act (16
U.S.C. 704) authorizing the take of nesting swallows to
facilitate bridge repair, maintenance, or construction without
individual permit requirements and under terms and conditions
determined to be consistent with treaties relating to migratory
birds that protect swallow species occurring in the United
States.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee notes that the Congressional
Budget Office found, ``S. 1647 contains no intergovernmental or
private-sector mandates as defined in the Unfunded Mandates
Reform Act (UMRA).''
July 14, 2015.
Hon. Jim Inhofe,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1647, the Developing
a Reliable and Innovative Vision for the Economy Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Sarah Puro.
Sincerely,
Keith Hall.
Enclosure.
S. 1647--Developing a Reliable and Innovative Vision for the Economy
Act
Summary: S. 1647 would extend the authority for the
Department of Transportation (DOT) to operate the surface
transportation programs administered by the Federal Highway
Administration (FHWA) for six years and would authorize the
appropriation of funds for certain other transportation
programs. The legislation also would permit participants in a
water infrastructure program administered by the Environmental
Protection Agency (EPA) and the Army Corps of Engineers to
issue tax-exempt bonds.
CBO estimates that enacting the bill would increase
contract authority (the authority to incur obligations in
advance of appropriation acts) relative to CBO's baseline by
$64 billion over the 2016-2025 period. Contract authority is a
form of budget authority. S. 1647 would provide $292 billion in
contract authority over the 2015-2021 period. (About $14
billion of that amount would be for the remainder of 2015, and
is consistent with the rate contained in CBO's baseline.) Those
amounts have traditionally been controlled by provisions in
appropriation acts that limit the amount of contract authority
that may be obligated. (Those provisions are known as
obligation limitations.)
Enacting S. 1647 also would increase direct spending
because it would authorize states to spend about $1.9 billion
on highways that would otherwise not be spent. In addition, the
staff of the Joint Committee on Taxation (JCT) estimate that
enacting provisions of the bill that would affect tax-exempt
bond issuances also would reduce revenues by $59 million over
the 2016-2025 period. As a result, pay-as-you-go procedures
apply.
For this estimate, CBO assumes that most spending for
highway programs funded from the Highway Trust Fund will
continue to be controlled by obligation limitations set in
appropriation acts. The bill would authorize obligation
limitations totaling $274 billion over the 2016-2021 period.
The bill also would authorize the appropriation of about $2
billion for other programs administered by FHWA. Assuming
appropriation of the estimated obligation limitations for 2016-
2021 and the other amounts specified in the legislation, CBO
estimates that implementing the bill would cost $157 billion
over the 2016-2020 period, and $256 billion over the 2016-2025
period. Relative to the outlays for highway programs funded by
the Highway Trust Fund currently projected in CBO's baseline,
spending for those programs would be about $15 billion higher
over the 2016-2025 period under S. 1647.
CBO estimates that enacting the legislation would not
increase on-budget deficits or net direct spending by at least
$5 billion in at least one of the four consecutive 10 year
periods beginning in 2026.
S. 1647 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary effects of S. 1647 are shown in the following table.
The costs of this legislation fall within budget functions 400
(transportation) and 300 (natural resources and the
environment).
Basis of estimate: For this estimate, CBO assumes that S.
1647 will be enacted before the current authorization for
surface transportation programs expires on July 31, 2015, that
the authorized and necessary amounts will be provided each year
in appropriation acts, and that outlays will follow the
historical rate of spending for transportation programs.
Changes in direct spending
Federal Aid Highways Contract Authority. S. 1647 would
provide an increase in the amount of budget authority (in the
form of contract authority) that is projected in CBO's baseline
to be available for FHWA's programs over the 2016-2025 period.
Only the cost of this incremental increase above the baseline
is attributed to S. 1647. Because spending of the contract
authority for FHWA programs is expected to be controlled by
provisions in future appropriation acts, there would be no
impact on direct spending expenditures from this provision.
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
---------------------------------------------------------------------------------------------------------------
2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2016-2020 2016-2025
--------------------------------------------------------------------------------------------------------------------------------------------------------
CHANGES IN DIRECT SPENDING
Federal Aid Highways Contract
Authority:a
Budget Authority.................... 2,820 3,741 4,726 5,778 6,902 8,052 8,052 8,052 8,052 8,052 23,967 64,227
Estimated Outlays................... 0 0 0 0 0 0 0 0 0 0 0 0
Designated Projects:
Estimated Budget Authority.......... 0 0 0 0 0 0 0 0 0 0 0 0
Estimated Outlays................... 500 820 300 100 80 40 20 20 0 0 1,800 1,880
Total Changes:
Estimated Budget Authority...... 2,820 3,741 4,726 5,778 6,902 8,052 8,052 8,052 8,052 8,052 23,967 64,227
Estimated Outlays 500 820 300 100 80 40 20 20 0 0 1,800 1,880
CHANGES IN REVENUES
Estimated Revenues...................... * * -1 -2 -4 -6 -9 -11 -13 -15 -5 -59
NET INCREASE IN THE DEFICIT FROM CHANGES IN DIRECT SPENDING AND REVENUES
Impact on Deficit....................... 500 820 301 102 84 46 29 31 13 15 1,805 1,939
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Spending from the Highway Trust Fund:
Obligation Limitation............... 43,077 43,997 44,982 46,034 47,157 48,308 0 0 0 0 225,247 273,555
Estimated Outlays................... 10,769 28,661 35,746 38,705 41,333 43,187 32,292 13,216 6,112 3,786 155,214 253,806
Water Infrastructure Finance and
Innovation:
Authorization Level................. 0 0 0 0 0 0 0 0 0 0 0 0
Estimated Outlays................... 7 19 29 37 30 12 5 4 2 1 122 146
Other Authorized Programs:
Authorization Level................. 422 410 410 410 410 410 0 0 0 0 2,062 2,472
Estimated Outlays................... 69 192 281 323 355 374 321 206 116 73 1,220 2,311
Total Changes:
Estimated Budgetary Resources... 43,499 44,407 45,392 46,444 47,568 48,718 0 0 0 0 227,310 276,028
Estimated Outlays............... 10,845 28,872 36,056 39,065 41,718 43,573 32,617 13,426 6,230 3,860 156,556 256,263
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: * = Less than $500,000.
a S. 1647 also would provide about $14 billion in contract authority for highway programs for the remainder of fiscal year 2015. The Highway and
Transportation Funding Act of 2015 (Public Law 114-21) provided about $27 billion in contract authority for programs funded by S. 1647 through July
31, 2015. Thus, under S. 1647 total contract authority for 2015 would be about $41 billion. That amount is equal to the level of contract authority in
CBO's baseline for 2015.
Over the 2016-2021 period, S. 1647 would provide $278
billion in contract authority for programs administered by
FHWA. S. 1647 also would provide about $14 billion in contract
authority for highway programs for the remainder of fiscal year
2015. The Highway and Transportation Funding Act of 2015
(Public Law 114-21) provided about $27 billion in contract
authority for programs funded by S. 1647 through July 31, 2015.
Together, total contract authority for the year would be about
$41 billion. That amount is equal to the level in CBO's
baseline for 2015.
Consistent with the rules in the Balanced Budget and
Emergency Deficit Control Act for constructing the baseline,
CBO extends that contract authority provided by the bill for
2021 ($49 billion), the last year of the authorization, at the
same level in each of the following years. Using that
assumption, CBO estimates that enacting the bill would result
in baseline contract authority totaling about $474 billion over
the 2016-2025 period. That funding level represents an increase
in budget authority of $24 billion over the 2016-2020 period
and $64 billion over the 2016-2025 period above the amounts of
contract authority for highway programs currently projected in
CBO's baseline.
Designated Projects. Section 1207 would permit states with
Congressionally designated projects that are more than ten
years old and that have had less than 10 percent of their funds
obligated to use remaining amounts for certain other highway
projects within the state. Under current law, states not
spending those funds on such designated projects are prohibited
from spending those amounts on any other project. S. 1647 would
give states the authority to use those funds on projects other
than the designated project. Based on information from DOT, CBO
estimates that about $2 billion of old contract authority would
be used by states for other projects. CBO estimates that
enacting the provision would cost $1.9 billion over the 2016-
2025 period.
Changes in revenues
Two provisions in S. 1647 would affect tax-exempt
financing. JCT estimates that, in total, those provisions would
reduce federal revenues by $59 million over the 2016-2025
period.
JCT estimates that under section 5003, states would issue
additional tax-exempt bonds for certain water projects. JCT
estimates that the value of the additional tax-exempt bonds
issued under S. 1647 would reduce federal revenues by $17
million over the next 10 years.
The Transportation Infrastructure Finance and Innovation
Program (TIFIA) within DOT makes loans and loan guarantees. The
Moving Ahead for Progress in the 21st Century (MAP-21) the most
recent authorization for highway programs and the Surface
Transportation Funding Act of 2015 provided $1 billion,
annually, in budget authority for the program. However, MAP-21
provided for a redistribution of those funds to other programs
if certain obligation levels were not met. Based on the FHWA's
notice of April 24, 2015, which redistributed $640 million from
the TIFIA program to states for other projects, the CBO
baseline for the TIFIA program in 2015, on an annualized basis,
is now $360 million ($1 billion minus $640 million). Consistent
with the rules in the Budget Control Act, CBO extends that
program at the same level at which it is when the authorization
expires. As a result, enacting S. 1647 would increase the
authorization for TIFIA above CBO's baseline projections by
$315 million, annually. Because TIFIA is designed to leverage
new investments financed (at least in part) by additional tax-
exempt debt, JCT estimates that increasing the funds authorized
for TIFIA would increase the issuance of tax-exempt bonds and
would decrease federal revenues by $42 million over the next 10
years.
Changes in spending subject to appropriation
Assuming appropriation of the authorized and estimated
amounts, CBO estimates that implementing S. 1647 would cost
$157 billion over the 2016-2020 period. That amount includes
spending from the Highway Trust Fund, as well as spending on
other transportation projects and on certain water
infrastructure projects.
Highway Trust Fund Spending. For many years, the contract
authority provided in transportation legislation has been
controlled by limitations on obligations contained in annual
appropriation acts. CBO expects that practice would continue
over the 2016-2021 period under the provisions of S. 1647. The
bill would authorize $274 billion for the obligation
limitations for highway programs over the 2016-2021 period.
CBO estimates that implementing the obligation limitations
contained in S. 1647 would cost $155 billion over the 2016-2020
period and $254 billion over the 2016-2025 period. In CBO's
March 2015 Status of the Highway Trust Fund report, CBO
projects cumulative shortfalls in the highway account of $52
billion at the end of 2020 and $125 billion at the end of
2025.\1\ Enacting the obligation limitations contained in S.
1647 would increase by about $9 billion and $15 billion,
respectively, those cumulative shortfalls, based on the
assumption that obligation limitations for other programs
funded from the highway account remain consistent with the
levels contained in CBO's baseline. Combined with the roughly
$2 billion in additional spending from the designated projects
noted above, implementing S. 1647 would result in a cumulative
shortfall in the Highway Trust Fund of about $142 billion in
2025, about $17 billion more than what CBO estimates in the
March 2015 baseline. The bill would not affect revenues
credited to the fund. However, under CBO's baseline scenario
and consistent with the scoring conventions for all
appropriated programs, CBO expects that the pace of spending
under S. 1647 would not be affected because of the shortfall in
the Highway Trust Fund.
---------------------------------------------------------------------------
\1\See Congressional Budget Office, Highway Trust Fund Accounts-
Baseline Projections, March 2015 Baseline. https://www.cbo.gov/
publication/43884
---------------------------------------------------------------------------
Water Infrastructure Finance and Innovation. Under Title V
of the Water Resources Reform and Development Act of 2014
(WRRDA), $155 million is authorized to be appropriated over the
2016-2019 period for the EPA and the Army Corps of Engineers to
provide federal credit assistance in the form of direct loans
or loan guarantees for eligible water infrastructure projects.
Enacting section 5003 of S. 1647 would eliminate a provision in
WRRDA that precludes states and other entities from obtaining
any additional project financing to complete such water
infrastructure projects by issuing tax-exempt bonds. That
change would increase the demand for federal credit under this
program, resulting in additional spending stemming from the
appropriation levels authorized under WRRDA. CBO expects that
this credit program would operate much like TIFIA and that the
Corps and EPA would mostly offer direct federal loans. Based on
historical spending rates and the anticipated demand for
infrastructure loans under the terms of this bill, CBO
estimates that implementing the program would cost $122 million
over the 2016-2020 period.
Other Authorized Programs. S. 1647 would authorize
appropriations for several grant programs for highways. Those
programs include:
$150 million, annually, for grants to
nationally significant projects on federal or tribal
lands;
$150 million, annually, for grants to state
and local governments to implement programs that
improve the performance and efficiency of surface
transportation networks;
$110 million, annually, for projects in
Appalachia; and
$12 million for a program to assist entities
in accelerating projects that are eligible for the
TIFIA loan program within DOT.
In total, CBO estimates that implementing those provisions
would cost $1.2 billion over the 2016-2020 period.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. The net changes in outlays and revenues that are
subject to those pay-as-you-go procedures are shown in the
following table.
CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 1647, AS ORDERED REPORTED BY THE SENATE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS ON JUNE 23, 2015
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------------------------------------------------------
2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2015-2020 2015-2025
--------------------------------------------------------------------------------------------------------------------------------------------------------
NET INCREASE OR DECREASE (-) IN THE DEFICIT
Statutory Pay-As-You-Go Impact.................... 0 500 820 301 102 84 46 29 31 13 15 1,805 1,939
Memorandum:
Changes in Outlays............................ 0 500 820 300 100 80 40 20 20 0 0 1,800 1,880
Changes in Revenues........................... 0 0 0 -1 -2 -4 -6 -9 -11 -13 -15 -5 -59
--------------------------------------------------------------------------------------------------------------------------------------------------------
Increase in long term deficit and net direct spending: CBO
estimates that enacting the legislation would not increase on-
budget deficits or net direct spending by at least $5 billion
in any of the four consecutive 10-year periods beginning in
2026.
Intergovernmental and private-sector impact: S. 1647
contains no intergovernmental or private-sector mandates as
defined in UMRA. Provisions in the bill that authorize
assistance for transportation projects would benefit state,
local, and tribal governments. Any costs to those entities
would be incurred voluntarily as conditions of participating in
voluntary federal programs.
Estimate prepared by: Federal costs: Sarah Puro (for
Department of Transportation) and Susanne Mehlman (for Water
Infrastructure); Impact on state, local, and tribal
governments: Melissa Merrell; Impact on the private sector: Amy
Petz.
Estimate approved by: Theresa Gullo, Assistant Director for
Budget Analysis.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
* * * * * * *
Chapter 1 of Title 23, United States Code
Sec.
101. Definitions and declaration of policy.
[151. Repealed.]
151. . National Electric Vehicle Charging and Natural Gas Fueling
Corridors.
* * * * * * *
166. HOV facilities.
167. National freight program.
* * * * * * *
170. Funding flexibility for transportation emergencies.
171. .Assistance for major projects program.
* * * * * * *
Sec. 101. Definitions and declaration of policy
(a) Definitions.--In this title, the following definitions
apply:
(1) Apportionment.--* * *
* * * * * * *
(29) Transportation alternatives.--The term
``transportation alternatives'' means any of the
following activities when carried out as part of any
program or project authorized or funded under this
title, or as an independent program or project related
to surface transportation:
(A) Construction, planning, and design of on-
road and off-road trail facilities for
pedestrians, bicyclists, and other nonmotorized
forms of transportation, including sidewalks,
bicycle infrastructure, pedestrian and bicycle
signals, traffic calming techniques, lighting
and other safety-related infrastructure, and
transportation projects to achieve compliance
with the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.).
(B) Construction, planning, and design of
infrastructure-related projects and systems
that will provide safe routes for non-drivers,
including children, older adults, and
individuals with disabilities, to access daily
needs.
(C) Conversion and use of abandoned railroad
corridors for trails for pedestrians,
bicyclists, or other nonmotorized
transportation users.
* * * * * * *
(F) Any environmental mitigation activity,
including pollution prevention and pollution
abatement activities and mitigation to--
(i) address stormwater management,
control, and water pollution prevention
or abatement related to highway
construction or due to highway runoff,
including activities described in
sections [133(b)(11)] 133(b)(14),
328(a), and 329; or
(ii) reduce vehicle-caused wildlife
mortality or to restore and maintain
connectivity among terrestrial or
aquatic habitats.
* * * * * * *
Sec. 104. Apportionment
(a) Administrative Expenses.--
(1) In general.--There are authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to be made available to the
Secretary for administrative expenses of the Federal
Highway Administration--
[(A) $454,180,326 for fiscal year 2013; and
[(B) $440,000,000 for fiscal year 2014.]
(A) $456,000,000 for fiscal year 2016;
(B) $465,000,000 for fiscal year 2017;
(C) $474,000,000 for fiscal year 2018;
(D) $483,000,000 for fiscal year 2019;
(E) $492,000,000 for fiscal year 2020; and
(F) $501,000,000 for fiscal year 2021.
* * * * * * *
(b) Division of State Apportionments Among Programs.--The
Secretary shall distribute the amount apportioned to a State
for a fiscal year under subsection (c) among the national
highway performance program, the surface transportation
program, the highway safety improvement program, [and the
congestion mitigation and air quality improvement program] the
congestion mitigation and air quality improvement program, the
national freight program, and to carry out section 134 as
follows:
(1) National highway performance program.--For the
national highway performance program, [63.7 percent] 65
percent of the amount remaining after distributing
amounts under [paragraphs (4) and (5)] paragraphs (4),
(5), and (6), and section 213 (a).
(2) Surface transportation program.--For the surface
transportation program, [29.3 percent] 29 percent of
the amount remaining after distributing amounts under
[paragraphs (4) and (5)]. paragraphs (4), (5), and (6),
and section 213 (a).
(3) Highway safety improvement program.--For the
highway safety improvement program, [7 percent] 6
percent of the amount remaining after distributing
amounts under [paragraphs (4) and (5)] paragraphs (4),
(5), and (6), and section 213 (a).
(4) Congestion mitigation and air quality improvement
program.--For the congestion mitigation and air quality
improvement program, an amount [determined by
multiplying the amount [determined for the State under
subsection (c)] remaining under subsection (c) after
making the set-asides in accordance with paragraph (5)
and section 213 (a) by the proportion that--
(5) National freight program.--
(A) In general.--For the national freight
program under section 167, the Secretary shall
set aside from the amount determined for a
State under subsection (c) an amount determined
for the State under subparagraphs (B) and (C).
(B) Total amount.--The total amount set aside
for the national freight program for all States
shall be--
(i) $2,000,000,000 for fiscal year
2016;
(ii) $2,100,000,000 for fiscal year
2017;
(iii) $2,200,000,000 for fiscal year
2018;
(iv) $2,300,000,000 for fiscal year
2019;
(v) $2,400,000,000 for fiscal year
2020; and
(vi) $2,500,000,000 for fiscal year
2021.
(C) State share.--The Secretary shall
distribute among the States the total set-aside
amount for the national freight program under
subparagraph (B) so that each State receives an
amount equal to the proportion that--
(i) the total set-aside amount; bears
to
(ii) the State total apportionments
determined under subsection (c).
(i) the total apportionment
determined under subsection (c) for a
State; bears to
(ii) the total apportionments for all
States.
(D) Metropolitan planning.--Of the amount set
aside under this paragraph for a State, the
Secretary shall use to carry out section 134 an
amount determined by multiplying the set-aside
amount by the proportion that--
(i) the amount apportioned to the
State to carry out section 134 for
fiscal year 2009; bears to
(ii) the total amount of funds
apportioned to the State for that
fiscal year for the programs referred
to in section 105(a)(2), except for the
high priority projects program referred
to in section 105(a)(2)(H) (as in
effect on the day before the date of
enactment of MAP-21 (Public Law 112-
141; 126 Stat. 405).
[(5)] (6) Metropolitan planning.--To carry out
section 134, an amount determined by multiplying the
amount [determined for the State under subsection (c)]
remaining under subsection (c) after making the set-
asides in accordance with paragraph (5) and section 213
(a) by the proportion that--
(A) the amount apportioned to the State to
carry out section 134 for fiscal year 2009;
bears to
(B) the total amount of funds apportioned to
the State for that fiscal year for the programs
referred to in section 105(a)(2) (except for
the high priority projects program referred to
in section 105(a)(2)(H)), as in effect on the
day before the date of enactment of the MAP-21.
(c) Calculation of State Amounts.--
(1) For fiscal year 2013.--
(A) Calculation of amount.--* * *
* * * * * * *
(3) For fiscal years 2016 through 2021.--
(A) State share.--For each of fiscal years
2016 through 2021, the amount for each State of
combined apportionments for the national
highway performance program under section 119,
the surface transportation program under
section 133, the highway safety improvement
program under section 148, the congestion
mitigation and air quality improvement program
under section 149, the national freight program
under section 167, the transportation
alternatives program under section 213, and to
carry out section 134, shall be determined as
follows:
(i) Initial amount.--The initial
amount for each State shall be
determined by multiplying the total
amount available for apportionment by
the share for each State, which shall
be equal to the proportion that--
(I) the amount of
apportionments that the State
received for fiscal year 2014;
bears to
(II) the amount of those
apportionments received by all
States for that fiscal year.
(ii) Adjustments to amounts.--The
initial amounts resulting from the
calculation under clause (i) shall be
adjusted to ensure that, for each
State, the amount of combined
apportionments for the programs shall
not be less than 95 percent of the
estimated tax payments attributable to
highway users in the State paid into
the Highway Trust Fund (other than the
Mass Transit Account) in the most
recent fiscal year for which data are
available.
(B) State apportionment.--For each of fiscal
years 2016 through 2021, on October 1, the
Secretary shall apportion the sum authorized to
be appropriated for expenditure on the national
highway performance program under section 119,
the surface transportation program under
section 133, the highway safety improvement
program under section 148, the congestion
mitigation and air quality improvement program
under section 149, the national freight program
under section 167, the transportation
alternatives program under section 213, and to
carry out section 134 in accordance with
subparagraph (A).
* * * * * * *
(d) Metropolitan Planning.--
(1) Use of amounts.--
(A) Use.--
(i) In general.--Except as provided
in clause (ii), the amounts apportioned
to a State under [subsection (b)(5)]
paragraphs (5) (D) and (6) of
subsection (b) shall be made available
by the State to the metropolitan
planning organizations responsible for
carrying out section 134 in the State.
(ii) States receiving minimum
apportionment.--A State that received
the minimum apportionment for use in
carrying out section 134 for fiscal
year 2009 may, subject to the approval
of the Secretary, use the funds
apportioned under [subsection (b)(5)]
paragraphs (5) (D) and (6) of
subsection (b) to fund transportation
planning outside of urbanized areas.
(B) Unused funds.--Any funds that are not
used to carry out section 134 may be made
available by a metropolitan planning
organization to the State to fund activities
under section 135.
* * * * * * *
Sec. 103. National Highway System
(a) In General.--For the purposes of this title, the Federal-
aid system is the National Highway System, which includes the
Interstate System.
(b) National Highway System.--
(1) Description.--The National Highway System
consists of the highway routes and connections to
transportation facilities that shall--
(A) serve major population centers,
international border crossings, ports,
airports, public transportation facilities, and
other intermodal transportation facilities and
other major travel destinations;
(B) meet national defense requirements; and
(C) serve interstate and interregional travel
and commerce.
(2) Components.--The National Highway System
described in paragraph (1) consists of the following:
(A) The National Highway System depicted on
the map submitted by the Secretary of
Transportation to Congress with the report
entitled ``Pulling Together: The National
Highway System and its Connections to Major
Intermodal Terminals'' and dated May 24, 1996,
and modifications approved by the Secretary
before the date of enactment of the MAP-21.
(B) Other urban and rural principal arterial
routes, and border crossings on those routes,
that were not included on the National Highway
System before the date of enactment of the MAP-
21.
(C) Other connector highways (including toll
facilities) that were not included in the
National Highway System before the date of
enactment of the MAP-21 but that provide motor
vehicle access between arterial routes on the
National Highway System and a major intermodal
transportation facility.
(D) A strategic highway network that--
(i) consists of a network of highways
that are important to the United States
strategic defense policy, that provide
defense access, continuity, and
emergency capabilities for the movement
of personnel, materials, and equipment
in both peacetime and wartime, and that
were not included on the National
Highway System before the date of
enactment of the MAP-21;
(ii) may include highways on or off
the Interstate System; and
(iii) shall be designated by the
Secretary, in consultation with
appropriate Federal agencies and the
States.
(E) Major strategic highway network
connectors that--
(i) consist of highways that provide
motor vehicle access between major
military installations and highways
that are part of the strategic highway
network but were not included on the
National Highway System before the date
of enactment of the MAP-21; and
(ii) shall be designated by the
Secretary, in consultation with
appropriate Federal agencies and the
States.
(3) Modifications to NHS.--
(A) In general.--The Secretary may make any
modification[, including any modification
consisting of a connector to a major intermodal
terminal,] to the National Highway System ,
including any modification consisting of a
connector to a major intermodal terminal or the
withdrawal of a road from that system, that is
proposed by a State if the Secretary determines
that the modification--
(i) meets the criteria established
for the National Highway System under
this title after the date of enactment
of the MAP-21; and
[(ii) enhances] (ii)(I) enhances the
national transportation characteristics
of the National Highway System[.] ; or
(II) in the case of the withdrawal of
a road, is reasonable and appropriate.
* * * * * * *
Sec. 104. Apportionment
(a) Administrative Expenses.--
(1) In general.--* * *
* * * * * * *
[(g) Report to Congress.--For each fiscal year, the Secretary
shall make available to the public, in a user-friendly format
via the Internet, a report that describes--
[(1) the amount obligated, by each State, for
Federal-aid highways and highway safety construction
programs during the preceding fiscal year;
[(2) the balance, as of the last day of the preceding
fiscal year, of the unobligated apportionment of each
State by fiscal year under this section;
[(3) the balance of unobligated sums available for
expenditure at the discretion of the Secretary for such
highways and programs for the fiscal year; and
[(4) the rates of obligation of funds apportioned or
set aside under this section, according to--
[(A) program;
[(B) funding category of subcategory;
[(C) type of improvement;
[(D) State; and
[(E) sub-State geographical area, including
urbanized and rural areas, on the basis of the
population of each such area.]
(g) Highway Trust Fund Transparency and Accountability
Report.--
(1) Publicly available report.--Not later than 180
days after the date of enactment of the DRIVE Act and
quarterly thereafter, the Secretary shall compile data
in accordance with this subsection on the use of
Federal-aid highway program funds made available under
this title.
(2) Requirements.--The Secretary shall ensure that
the reports required under this subsection are made
available in a user-friendly manner on the public
website of the Department of Transportation and can be
searched and downloaded by users of the website.
(3) Contents of report.--
(A) Apportioned and allocated programs.--For
each fiscal year, the report shall include
comprehensive data for each program, organized
by State, that includes--
(i) the total amount of funds
available for obligation, identifying
the unobligated balance of funds
available at the end of the preceding
fiscal year and new funding available
for the current fiscal year;
(ii) the total amount of funding
obligated during the current fiscal
year;
(iii) the remaining amount of funds
available for obligation;
(iv) changes in the obligated,
unexpended balance during the current
fiscal year, including the obligated,
unexpended balance at the end of the
preceding fiscal year and current
fiscal year expenditures; and
(v) the percentage of the total
amount of obligations for the current
fiscal year used for construction and
the total amount obligated during the
current fiscal year for rehabilitation.
(B) Project data.--To the maximum extent
practicable, the report shall include project-
specific data, including data describing--
(i) the specific location of a
project;
(ii) whether the project is located
in an area of the State with a
population of--
(I) less than 5,000
individuals;
(II) 5,000 or more
individuals but less than
50,000 individuals; or
(III) 50,000 or more
individuals;
(iii) the total cost of the project;
(iv) the amount of Federal funding
being used on the project;
(v) the 1 or more programs from which
Federal funds are obligated on the
project;
(vi) the type of improvement being
made, such as categorizing the project
as--
(I) a road reconstruction
project;
(II) a new road construction
project;
(III) a new bridge
construction project;
(IV) a bridge rehabilitation
project; or
(V) a bridge replacement
project; and
(vii) the ownership of the highway or
bridge.
(C) Transfers between programs.--The report
shall include a description of the amount of
funds transferred between programs by each
State under section 126.
* * * * * * *
Sec. 109. Standards
(a) In General.--The Secretary shall ensure that the plans
and specifications for each proposed highway project under this
chapter provide for a facility that will--
(1) adequately serve the existing and planned future
traffic of the highway in a manner that is conducive to
safety, durability, and economy of maintenance; and
(2) be designed and constructed in accordance with
criteria best suited to accomplish the objectives
described in paragraph (1) and to conform to the
particular needs of each locality.
(b) The geometric and construction standards to be adopted
for the Interstate System shall be those approved by the
Secretary in cooperation with the State transportation
departments. Such standards, as applied to each actual
construction project, shall be adequate to enable such project
to accommodate the types and volumes of traffic anticipated for
such project for the twenty-year period commencing on the date
of approval by the Secretary, under section 106 of this title,
of the plans, specifications, and estimates for actual
construction of such project. Such standards shall in all cases
provide for at least four lanes of traffic. The right-of-way
width of the Interstate System shall be adequate to permit
construction of projects on the Interstate System to such
standards. The Secretary shall apply such standards uniformly
throughout all the States.
(c) Design Criteria for National Highway System.--
(1) In general.--A design for new construction,
reconstruction, resurfacing (except for maintenance
resurfacing), restoration, or rehabilitation of a
highway on the National Highway System (other than a
highway also on the Interstate System) [may take into
account] shall consider, in addition to the criteria
described in subsection (a)--
(A) the constructed and natural environment
of the area;
(B) the environmental, scenic, aesthetic,
historic, community, and preservation impacts
of the activity; and
(C) [access for] access and safety for other
modes of transportation.
(2) Development of criteria.--The Secretary, in
cooperation with State transportation departments, may
develop criteria to implement paragraph (1). In
developing criteria under this paragraph, the Secretary
shall consider--
(A) the results of the committee process of
the American Association of State Highway and
Transportation Officials as used in adopting
and publishing ``A Policy on Geometric Design
of Highways and Streets'', including comments
submitted by interested parties as part of such
process;
(B) the publication entitled ``Flexibility in
Highway Design'' of the Federal Highway
Administration;
(C) ``Eight Characteristics of Process to
Yield Excellence and the Seven Qualities of
Excellence in Transportation Design'' developed
by the conference held during 1998 entitled
``Thinking Beyond the Pavement National
Workshop on Integrating Highway Development
with Communities and the Environment while
Maintaining Safety and Performance''; [and]
(D) the publication entitled `Highway Safety
Manual' of the American Association of State
Highway and Transportation Officials;
(E) the publication entitled `Urban Street
Design Guide' of the National Association of
City Transportation Officials; and
[(D)] (F) any other material that the
Secretary determines to be appropriate.
(f) The Secretary shall not, as a condition precedent to his
approval under section 106 of this title, require any State to
acquire title to, or control of, any marginal land along the
proposed highway in addition to that reasonably necessary for
road surfaces, median strips, bikeways, pedestrian walkways,
gutters, ditches, and side slopes, and of sufficient width to
provide service roads for adjacent property to permit safe
access at controlled locations in order to expedite traffic,
promote safety, and minimize roadside parking.
* * * * * * *
Sec. 111. Agreements relating to use of and access to rights-of-way-
Interstate System
(a) In General.--All agreements between the Secretary and the
State transportation department for the construction of
projects on the Interstate System shall contain a clause
providing that the State will not add any points of access to,
or exit from, the project in addition to those approved by the
Secretary in the plans for such project, without the prior
approval of the Secretary. Such agreements shall also contain a
clause providing that the State will not permit automotive
service stations or other commercial establishments for serving
motor vehicle users to be constructed or located on the rights-
of-way of the Interstate System and will not change the
boundary of any right-of-way on the Interstate System to
accommodate construction of, or afford access to, an automotive
service station or other commercial establishment. Such
agreements may, however, authorize a State or political
subdivision thereof to use or permit the use of the airspace
above and below the established grade line of the highway
pavement for such purposes as will not impair the full use and
safety of the highway, as will not require or permit vehicular
access to such space directly from such established grade line
of the highway, or otherwise interfere in any way with the free
flow of traffic on the Interstate System. Nothing in this
section, or in any agreement entered into under this section,
shall require the discontinuance, obstruction, or removal of
any establishment for serving motor vehicle users on any
highway which has been, or is hereafter, designated as a
highway or route on the Interstate System (1) if such
establishment (A) was in existence before January 1, 1960, (B)
is owned by a State, and (C) is operated through
concessionaries or otherwise, and (2) if all access to, and
exits from, such establishment conform to the standards
established for such a highway under this title.
(b) Rest Areas.--
(1) In general.--* * *
* * * * * * *
(e) Justification Reports.--If the Secretary requests or
requires a justification report for a project that would add a
point of access to, or exit from, the Interstate System
(including new or modified freeway-to-crossroad interchanges
inside a transportation management area), the Secretary may
permit a State transportation department to approve the report.
* * * * * * *
Sec. 119. National highway performance program
(a) Establishment.--The Secretary shall establish and
implement a national highway performance program under this
section.
(b) Purposes.--* * *
* * * * * * *
(d) Eligible Projects.--Funds apportioned to a State to carry
out the national highway performance program may be obligated
only for a project on an eligible facility that is--
(1)(A) a project or part of a program of projects
supporting progress toward the achievement of national
performance goals for improving infrastructure
condition, safety, [mobility,] congestion reduction,
system reliability, or freight movement on the National
Highway System; and
(B) consistent with sections 134 and 135; and
(2) for 1 or more of the following purposes:
(A) Construction, reconstruction,
resurfacing, restoration, rehabilitation,
preservation, or operational improvement of
segments of the National Highway System.
(B) Construction, replacement (including
replacement with fill material),
rehabilitation, preservation, and protection
(including scour countermeasures, seismic
retrofits, impact protection measures, security
countermeasures, and protection against extreme
events) of bridges on the National Highway
System.
(C) Construction, replacement (including
replacement with fill material),
rehabilitation, preservation, and protection
(including impact protection measures, security
countermeasures, and protection against extreme
events) of tunnels on the National Highway
System.
(D) Inspection and evaluation, as described
in section 144, of bridges and tunnels on the
National Highway System, and inspection and
evaluation of other highway infrastructure
assets on the National Highway System,
including signs and sign structures, earth
retaining walls, and drainage structures.
(E) Training of bridge and tunnel inspectors,
as described in section 144.
(F) Construction, rehabilitation, or
replacement of existing ferry boats and ferry
boat facilities, including approaches, that
connect road segments of the National Highway
System.
(G) Construction, reconstruction,
resurfacing, restoration, rehabilitation, and
preservation of, and operational improvements
for, a Federal-aid highway not on the National
Highway System, and construction of a transit
project eligible for assistance under chapter
53 of title 49, if--
(i) the highway project or transit
project is in the same corridor as, and
in proximity to, a fully access-
controlled highway designated as a part
of the National Highway System;
(ii) the construction or improvements
will reduce delays or produce travel
time savings on the fully access-
controlled highway described in clause
(i) and improve regional traffic flow;
and
(iii) the construction or
improvements are more cost-effective,
as determined by benefit-cost analysis,
than an improvement to the fully
access-controlled highway described in
clause (i).
(H) Bicycle transportation and pedestrian
walkways in accordance with section 217.
(I) Highway safety improvements for segments
of the National Highway System.
(J) Capital and operating costs for traffic
and traveler information monitoring,
management, and control facilities and
programs.
(K) Development and implementation of a State
asset management plan for the National Highway
System in accordance with this section,
including data collection, maintenance, and
integration and the cost associated with
obtaining, updating, and licensing software and
equipment required for risk-based asset
management and performance-based management.
(L) Infrastructure-based intelligent
transportation systems capital improvements ,
including the installation of vehicle-to-
infrastructure communication equipment.
* * * * * * *
(e) State Performance Management.--
(1) In general.--A State shall develop a risk-based
asset management plan for the National Highway System
to improve or preserve the condition of the assets and
the performance of the system.
(2) Performance driven plan.--* * *
* * * * * * *
(7) Performance achievement.--A State that does not
achieve or make significant progress toward achieving
the targets of the State for performance measures
described in section 150(d) for the National Highway
System [for 2 consecutive reports submitted] shall
include as part of the performance target report under
section 150(e) under this paragraph shall include in
the next report submitted a description of the actions
the State will undertake to achieve the targets.
* * * * * * *
(f) Interstate System and NHS Bridge Conditions.--
(1) Condition of interstate system.--
(A) Penalty.--[If, during 2 consecutive
reporting periods, the condition of the
Interstate System, excluding bridges on the
Interstate System, in a State falls] If a State
reports that the condition of the Interstate
System, excluding bridges on the Interstate
System, has fallen below the minimum condition
level established by the Secretary under
section 150(c)(3), the State shall be required,
during the following fiscal year--
(i) to obligate, from the amounts
apportioned to the State under section
104(b)(1), an amount that is not less
than the amount of funds apportioned to
the State for fiscal year 2009 under
the Interstate maintenance program for
the purposes described in this section
(as in effect on the day before the
date of enactment of the MAP-21),
except that for each year after fiscal
year 2013, the amount required to be
obligated under this clause shall be
increased by 2 percent over the amount
required to be obligated in the
previous fiscal year; and
(ii) to transfer, from the amounts
apportioned to the State under section
104(b)(2) (other than amounts
suballocated to metropolitan areas and
other areas of the State under section
133(d)) to the apportionment of the
State under section 104(b)(1), an
amount equal to 10 percent of the
amount of funds apportioned to the
State for fiscal year 2009 under the
Interstate maintenance program for the
purposes described in this section (as
in effect on the day before the date of
enactment of the MAP-21).
(B) Restoration.--The obligation requirement
for the Interstate System in a State required
by subparagraph (A) for a fiscal year shall
remain in effect for each subsequent fiscal
year until such time as the condition of the
Interstate System in the State exceeds the
minimum condition level established by the
Secretary.
(2) Condition of NHS bridges.--
(A) Penalty.--If the Secretary determines
that, for the 3-year-period preceding the date
of the determination, more than 10 percent of
the total deck area of bridges in the State on
the National Highway System is located on
bridges that have been classified as
[structurally deficient] being in poor
condition, an amount equal to 50 percent of
funds apportioned to such State for fiscal year
2009 to carry out section 144 (as in effect the
day before enactment of MAP-21) shall be set
aside from amounts apportioned to a State for a
fiscal year under section 104(b)(1) only for
eligible projects on bridges on the National
Highway System.
(B) Restoration.--The set-aside requirement
for bridges on the National Highway System in a
State under subparagraph (A) for a fiscal year
shall remain in effect for each subsequent
fiscal year until such time as less than 10
percent of the total deck area of bridges in
the State on the National Highway System is
located on bridges that have been classified as
[structurally deficient] being in poor
condition, as determined by the Secretary.
* * * * * * *
Sec. 120. Federal share payable
(a) Interstate System Projects.--
(1) In general.--* * *
* * * * * * *
(c) Increased Federal Share.--
(1) Certain safety projects.--The Federal share
payable on account of any project for traffic control
signalization, maintaining minimum levels of
retroreflectivity of highway signs or pavement
markings, traffic circles (also known as
``roundabouts''), safety rest areas, pavement marking,
shoulder and centerline rumble strips and stripes,
commuter carpooling and vanpooling, rail-highway
crossing closure, or installation of traffic signs,
traffic lights, guardrails, impact attenuators,
concrete barrier endtreatments, breakaway utility
poles, or priority control systems for emergency
vehicles or transit vehicles at signalized
intersections may amount to 100 percent of the cost of
construction of such projects; except that not more
than 10 percent of all sums apportioned for all the
Federal-aid programs for any fiscal year in accordance
with section 104 of this title shall be used under this
subsection. In this subsection, the term ``safety rest
area'' means an area where motor vehicle operators can
park their vehicles and rest, where food, fuel, and
lodging services are not available, and that is located
on a segment of highway with respect to which the
Secretary determines there is a shortage of public and
private areas at which motor vehicle operators can park
their vehicles and rest.
(2) CMAQ projects.--The Federal share payable on
account of a project or program carried out under
section 149 with funds obligated in fiscal year 2008 or
2009, or both, shall be not less than 80 percent and,
at the discretion of the State, may be up to 100
percent of the cost thereof.
(3) Innovative project delivery.--
(A) In general.--Except as provided in
subparagraph (C), the Federal share payable on
account of a project, program, or activity
carried out with funds apportioned under
paragraph (1), (2), [or (5)] (5)(D), or (6) of
section 104(b) may, at the discretion of the
State, be up to 100 percent for any such
project, program, or activity that the
Secretary determines--
(i) contains innovative project
delivery methods that improve work zone
safety for motorists or workers and the
quality of the facility;
(ii) contains innovative
technologies, engineering, or design
approaches, manufacturing processes,
financing, [or contracting] or
contracting or project delivery methods
that improve the quality of, extend the
service life of, or decrease the long-
term costs of maintaining highways and
bridges;
(iii) accelerates project delivery
while complying with other applicable
Federal laws (including regulations)
and not causing any significant adverse
environmental impact; or
(iv) reduces congestion related to
highway construction.
(B) Examples.--Projects, programs, and
activities described in subparagraph (A) may
include the use of--
(i) prefabricated bridge elements and
systems and other technologies to
reduce bridge construction time;
(ii) innovative construction
equipment, materials, or techniques,
including the use of in-place recycling
technology and digital 3-dimensional
modeling technologies;
(iii) innovative contracting methods,
including the design-build and the
construction manager-general contractor
contracting methods and [alternative
design or alternative bid alternative
bidding;
(iv) intelligent compaction
equipment; or
(v) contractual provisions that offer
a contractor an incentive payment for
early completion of the project,
program, or activity, subject to the
condition that the incentives are
accounted for in the financial plan of
the project, when applicable.
(C) Limitations.--
(i) In general.--In each fiscal year,
a State may use the authority under
subparagraph (A) for up to 10 percent
of the combined apportionments of the
State under paragraphs (1), (2), [and
(5)] (5)(D), and (6) of section 104(b).
(ii) Federal share increase.--The
Federal share payable on account of a
project, program, or activity described
in subparagraph (A) may be increased by
up to 5 percent of the total project
cost.
* * * * * * *
Sec. 125. Emergency relief
(a) In General.--Subject to this section and section 120, an
emergency fund is authorized for expenditure by the Secretary
for the repair or reconstruction of highways, roads, and
trails, in any area of the United States, including Indian
reservations, that the Secretary finds have suffered serious
damage as a result of--
(1) a natural disaster over a wide area, such as by a
flood, hurricane, tidal wave, earthquake, severe storm,
or landslide; or
(2) catastrophic failure from any external cause.
(b) Restriction on Eligibility.--
(1) Definition of construction phase.--In this
subsection, the term ``construction phase'' means the
phase of physical construction of a highway or bridge
facility that is separate from any other identified
phases, such as planning, design, or right-of-way
phases, in the State transportation improvement
program.
(2) Restriction.--In no case shall funds be used
under this section for the repair or reconstruction of
a bridge--
(A) that has been permanently closed to all
vehicular traffic by the State or responsible
local official because of imminent danger of
collapse due to a structural deficiency or
physical deterioration; or
(B) if a construction phase of a replacement
structure is included in the approved Statewide
transportation improvement program at the time
of an event described in subsection (a).
(c) Funding.--
(1) In general.--Subject to the limitations described
in paragraph (2), there are authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) such sums as are necessary to
establish the fund authorized by this section and to
replenish that fund on an annual basis.
(2) Limitations.--The limitations referred to in
paragraph (1) are that--
(A) not more than $100,000,000 is authorized
to be obligated in any 1 fiscal year commencing
after September 30, 1980, to carry out this
section, except that, if for any fiscal year
the total of all obligations under this section
is less than the amount authorized to be
obligated for the fiscal year, the unobligated
balance of that amount shall--
(i) remain available until expended;
and
(ii) be in addition to amounts
otherwise available to carry out this
section for each year; and
(B)(i) pending such appropriation or
replenishment, the Secretary may obligate from
any funds appropriated at any time for
obligation in accordance with this title,
including existing Federal-aid appropriations,
such sums as are necessary for the immediate
prosecution of the work herein authorized; and
(ii) funds obligated under this subparagraph
shall be reimbursed from the appropriation or
replenishment.
(d) Eligibility.--
(1) In general.--The Secretary may expend funds from
the emergency fund authorized by this section only for
the repair or reconstruction of highways on Federal-aid
highways in accordance with this chapter, except that--
(A) no funds shall be so expended unless an
emergency has been declared by the Governor of
the State with concurrence by the Secretary,
unless the President has declared the emergency
to be a major disaster for the purposes of the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et
seq.) for which concurrence of the Secretary is
not required; and
(B) the Secretary has received an application
from the State transportation department that
includes a comprehensive list of all eligible
project sites and repair costs by not later
than 2 years after the natural disaster or
catastrophic failure.
(2) Cost limitation.--
(A) Definition of comparable facility.--In
this paragraph, the term ``comparable
facility'' means a facility that meets the
current geometric and construction standards
required for the types and volume of traffic
that the facility will carry over its design
life.
(B) Limitation.--The total cost of a project
funded under this section may not exceed the
cost of repair or reconstruction of a
comparable facility.
(3) Debris removal.--The costs of debris removal
shall be an eligible expense under this section only
for--
(A) an event not declared a major disaster or
emergency by the President under the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.); [or]
(B) an event declared a major disaster or
emergency by the President under that Act if
the debris removal is not eligible for
assistance under section 403, 407, or 502 of
that Act (42 U.S.C. 5170b, 5173, 5192)[.] ; or
(C) projects eligible for assistance under
this section located on tribal transportation
facilities, Federal lands transportation
facilities, or other federally owned roads that
are open to public travel (as defined in
subsection (e)(1)).
* * * * * * *
(e) Tribal Transportation Facilities, Federal Lands
Transportation Facilities, and Public Roads on Federal Lands.--
[(1) Definition of open to public travel.--In this
subsection, the term ``open to public travel'' means,
with respect to a road, that, except during scheduled
periods, extreme weather conditions, or emergencies,
the road is open to the general public for use with a
standard passenger vehicle, without restrictive gates
or prohibitive signs or regulations, other than for
general traffic control or restrictions based on size,
weight, or class of registration.]
(1) Definitions.--In this subsection:
(A) Open to public travel.--The term `open to
public travel' means, with respect to a road,
that, except during scheduled periods, extreme
weather conditions, or emergencies, the road--
(i) is maintained;
(ii) is open to the general public;
and
(iii) can accommodate travel by a
standard passenger vehicle, without
restrictive gates or prohibitive signs
or regulations, other than for general
traffic control or restrictions based
on size, weight, or class of
registration.
(B) Standard passenger vehicle.--The term
`standard passenger vehicle' means a vehicle
with 6 inches of clearance from the lowest
point of the frame, body, suspension, or
differential to the ground.
* * * * * * *
Sec. 126. Transferability of Federal-aid highway funds
(a) In General.--Notwithstanding any other provision of law,
subject to subsection (b), a State may transfer from an
apportionment under section 104(b) not to exceed 50 percent of
the amount apportioned for the fiscal year to any other
apportionment of the State under that section.
(b) Application to Certain [Set-asides.--
(1) In general.--Funds that] Set-asides.--Funds that
are subject to sections [104(d) and 133(d)] sections
104(d), [133(d)] 133(d)(1)(A), and 213(c) shall not be
transferred under this section.
[(2) Funds transferred by States.--Funds transferred
by a State under this section of the funding reserved
for the State under section 213 for a fiscal year may
only come from the portion of those funds that are
available for obligation in any area of the State under
section 213(c)(1)(B).]
* * * * * * *
Sec. 127. Vehicle weight limitations-Interstate System
(a) In General.--
(1)* * *
* * * * * * *
(3) Any amount which is withheld from apportionment
to any State pursuant to the foregoing provisions shall
lapse if not released and obligated within the
availability period specified in section [118(b)(2) of
this title] 118(b).
* * * * * * *
(m) Natural Gas Vehicles.--A vehicle, if operated by an
engine fueled primarily by natural gas, may exceed any vehicle
weight limit (up to a maximum gross vehicle weight of 82,000
pounds) under this section by an amount that is equal to the
difference between--
(1) the weight of the vehicle attributable to the
natural gas tank and fueling system carried by that
vehicle; and
(2) the weight of a comparable diesel tank and
fueling system.
(n) Emergency Vehicles.--
(1) Definition of emergency vehicle.--In this
subsection, the term `emergency vehicle' means a
vehicle designed to be used under emergency
conditions--
(A) to transport personnel and equipment; and
(B) to support the suppression of fires and
mitigation of other hazardous situations.
(2) Emergency vehicle weight limit.--Notwithstanding
subsection (a), a State shall not enforce against an
emergency vehicle a vehicle weight limit (up to a
maximum gross vehicle weight of 86,000 pounds) of less
than--
(A) 24,000 pounds on a single steering axle;
(B) 33,500 pounds on a single drive axle;
(C) 62,000 pounds on a tandem axle; or
(D) 52,000 pounds on a tandem rear drive
steer axle.
(o) Operation of Certain Specialized Vehicles on Certain
Highways in the State of Arkansas.--If any segment of United
States Route 63 between the exits for highways 14 and 75 in the
State of Arkansas is designated as part of the Interstate
System--
(1) a vehicle that could legally operate on the
segment before the date of the designation at the
posted speed limit may continue to operate on that
segment; and
(2) a vehicle that can only travel below the posted
speed limit on the segment that could otherwise legally
operate on the segment before the date of the
designation may continue to operate on that segment
during daylight hours.
* * * * * * *
Sec. 129. Toll roads, bridges, tunnels, and ferries
(a) Basic Program.--
(1) Authorization for Federal participation.--Subject
to the provisions of this section, Federal
participation shall be permitted on the same basis and
in the same manner as construction of toll-free
highways is permitted under this chapter in the--
(A) initial construction of a toll highway,
bridge, or tunnel or approach to the highway,
bridge, or tunnel;
(B) initial construction of 1 or more lanes
or other improvements that increase capacity of
a highway, bridge, or tunnel [(other than a
highway on the Interstate System)] and
conversion of that highway, bridge, or tunnel
to a tolled facility, if the number of toll-
free non-HOV lanes, excluding auxiliary lanes,
after the construction is not less than the
number of toll-free non-HOV lanes, excluding
auxiliary lanes, before the construction;
[(C) initial construction of 1 or more lanes
or other improvements that increase the
capacity of a highway, bridge, or tunnel on the
Interstate System and conversion of that
highway, bridge, or tunnel to a tolled
facility, if the number of toll-free non-HOV
lanes, excluding auxiliary lanes, after such
construction is not less than the number of
toll-free non-HOV lanes, excluding auxiliary
lanes, before such construction;]
[(D)] (C) reconstruction, resurfacing,
restoration, rehabilitation, or replacement of
a toll highway, bridge, or tunnel or approach
to the highway, bridge, or tunnel;
[(E)] (D) reconstruction or replacement of a
toll-free bridge or tunnel and conversion of
the bridge or tunnel to a toll facility;
[(F)] (E) reconstruction of a toll-free
Federal-aid highway (other than a highway on
the Interstate System) and conversion of the
highway to a toll facility;
[(G)] (F) reconstruction, restoration, or
rehabilitation of a highway on the Interstate
System if the number of toll-free non-HOV
lanes, excluding auxiliary lanes, after
reconstruction, restoration, or rehabilitation
is not less than the number of toll-free non-
HOV lanes, excluding auxiliary lanes, before
reconstruction, restoration, or rehabilitation;
[(H)] (G) conversion of a high occupancy
vehicle lane on a highway, bridge, or tunnel to
a toll facility; and
[(I)] (H) preliminary studies to determine
the feasibility of a toll facility for which
Federal participation is authorized under this
paragraph.
(2) Ownership.--Each highway, bridge, tunnel, or
approach to the highway, bridge, or tunnel constructed
under this subsection shall--
(A) be publicly owned; or
(B) be privately owned if the public
authority with jurisdiction over the highway,
bridge, tunnel, or approach has entered into a
contract with 1 or more private persons to
design, finance, construct, and operate the
facility and the public authority will be
responsible for complying with all applicable
requirements of this title with respect to the
facility.
(3) Limitations on use of revenues.--
(A) In general.--A public authority with
jurisdiction over a toll facility shall use all
toll revenues received from operation of the
toll facility only for--
(i) debt service with respect to the
projects on or for which the tolls are
authorized, including funding of
reasonable reserves and debt service on
refinancing;
(ii) a reasonable return on
investment of any private person
financing the project, as determined by
the State or interstate compact of
States concerned;
(iii) any costs necessary for the
improvement and proper operation and
maintenance of the toll facility,
including reconstruction, resurfacing,
restoration, and rehabilitation;
(iv) if the toll facility is subject
to a public-private partnership
agreement, payments that the party
holding the right to toll revenues owes
to the other party under the public-
private partnership agreement; and
(v) if the public authority certifies
annually that the tolled facility is
being adequately maintained, any other
purpose for which Federal funds may be
obligated by a State under this title.
(B) Annual audit.--
(i) In general.--A public authority
with jurisdiction over a toll facility
shall conduct or have an independent
auditor conduct an annual audit of toll
facility records to verify adequate
maintenance and compliance with
subparagraph (A), and report the
results of the audits to the Secretary.
(ii) Records.--On reasonable notice,
the public authority shall make all
records of the public authority
pertaining to the toll facility
available for audit by the Secretary.
(C) Noncompliance.--If the Secretary
concludes that a public authority has not
complied with the limitations on the use of
revenues described in subparagraph (A), the
Secretary may require the public authority to
discontinue collecting tolls until an agreement
with the Secretary is reached to achieve
compliance with the limitation on the use of
revenues described in subparagraph (A).
[(4) Limitations on conversion of high occupancy
vehicle facilities on interstate system.--
[(A) In general.--A public authority with
jurisdiction over a high occupancy vehicle
facility on the Interstate System may undertake
reconstruction, restoration, or rehabilitation
under paragraph (1)(G) on the facility, and may
levy tolls on vehicles, excluding high
occupancy vehicles, using the reconstructed,
restored, or rehabilitated facility, if the
public authority--
[(i) in the case of a high occupancy
vehicle facility that affects a
metropolitan area, submits to the
Secretary a written assurance that the
metropolitan planning organization
designated under section 5203\4\ of
title 49 for the area has been
consulted concerning the placement and
amount of tolls on the converted
facility;
---------------------------------------------------------------------------
\4\So in original. Probably should be ``section 5303''.
---------------------------------------------------------------------------
[(ii) develops, manages, and
maintains a system that will
automatically collect the toll; and
[(iii) establishes policies and
procedures--
[(I) to manage the demand to
use the facility by varying the
toll amount that is charged;
and
[(II) to enforce sanctions
for violations of use of the
facility.
[(B) Exemption from tolls.--In levying tolls
on a facility under subparagraph (A), a public
authority may designate classes of vehicles
that are exempt from the tolls or charge
different toll rates for different classes of
vehicles.]
[(5)] (4) Special rule for funding.--
(A) In general.--In the case of a toll
facility under the jurisdiction of a public
authority of a State (other than the State
transportation department), on request of the
State transportation department and subject to
such terms and conditions as the department and
public authority may agree, the Secretary,
working through the State department of
transportation, shall reimburse the public
authority for the Federal share of the costs of
construction of the project carried out on the
toll facility under this subsection in the same
manner and to the same extent as the department
would be reimbursed if the project was being
carried out by the department.
(B) Source.--The reimbursement of funds under
this paragraph shall be from sums apportioned
to the State under this chapter and available
for obligations on projects on [the Federal-aid
system] Federal-aid highways in the State on
which the project is being carried out.
[(6) Limitation on Federal share.--The Federal share
payable for a project described in paragraph (1) shall
be a percentage determined by the State, but not to
exceed 80 percent.]
[(7)] (5) Modifications.--If a public authority
(including a State transportation department) with
jurisdiction over a toll facility subject to an
agreement under this section or section 119(e), as in
effect on the day before the effective date of title I
of the Intermodal Surface Transportation Efficiency Act
of 1991 (105 Stat. 1915), requests modification of the
agreement, the Secretary shall modify the agreement to
allow the continuation of tolls in accordance with
paragraph (3) without repayment of Federal funds.
[(8)] (6) Loans.--
(A) In general.--
(i) Loans.--Using amounts made
available under this title, a State may
loan to a public or private entity
constructing or proposing to construct
under this section a toll facility or
non-toll facility with a dedicated
revenue source an amount equal to all
or part of the Federal share of the
cost of the project if the project has
a revenue source specifically dedicated
to the project.
(ii) Dedicated revenue sources.--
Dedicated revenue sources for non-toll
facilities include excise taxes, sales
taxes, motor vehicle use fees, tax on
real property, tax increment financing,
and such other dedicated revenue
sources as the Secretary determines
appropriate.
(B) Compliance with Federal laws.--As a
condition of receiving a loan under this
paragraph, the public or private entity that
receives the loan shall ensure that the project
will be carried out in accordance with this
title and any other applicable Federal law,
including any applicable provision of a Federal
environmental law.
(C) Subordination of debt.--The amount of any
loan received for a project under this
paragraph may be subordinated to any other debt
financing for the project.
(D) Obligation of funds loaned.--Funds loaned
under this paragraph may only be obligated for
projects under this paragraph.
(E) Repayment.--The repayment of a loan made
under this paragraph shall commence not later
than 5 years after date on which the facility
that is the subject of the loan is open to
traffic.
(F) Term of loan.--The term of a loan made
under this paragraph shall not exceed 30 years
from the date on which the loan funds are
obligated.
(G) Interest.--A loan made under this
paragraph shall bear interest at or below
market interest rates, as determined by the
State, to make the project that is the subject
of the loan feasible.
(H) Reuse of funds.--Amounts repaid to a
State from a loan made under this paragraph may
be obligated--
(i) for any purpose for which the
loan funds were available under this
title; and
(ii) for the purchase of insurance or
for use as a capital reserve for other
forms of credit enhancement for project
debt in order to improve credit market
access or to lower interest rates for
projects eligible for assistance under
this title.
(I) Guidelines.--The Secretary shall
establish procedures and guidelines for making
loans under this paragraph.
[(9)] (7) State law permitting tolling.--If a State
does not have a highway, bridge, or tunnel toll
facility as of the date of enactment of the MAP-21,
before commencing any activity authorized under this
section, the State shall have in effect a law that
permits tolling on a highway, bridge, or tunnel.
(8) Equal access for motorcoaches.--A private
motorcoach that serves the public shall be provided
access to a toll facility under the same rates, terms,
and conditions as public transportation buses in the
State.
[(10)] (9) Definitions.--In this subsection, the
following definitions apply:
(A) High occupancy vehicle; HOV.--The term
``high occupancy vehicle'' or ``HOV'' means a
vehicle with not fewer than 2 occupants.
(B) Initial construction.--
(i) In general.--The term ``initial
construction'' means the construction
of a highway, bridge, tunnel, or other
facility at any time before it is open
to traffic.
(ii) Exclusions.--The term ``initial
construction'' does not include any
improvement to a highway, bridge,
tunnel, or other facility after it is
open to traffic.
(C) Public authority.--The term ``public
authority'' means a State, interstate compact
of States, or public entity designated by a
State.
(D) Toll facility.--The term ``toll
facility'' means a toll highway, bridge, or
tunnel or approach to the highway, bridge, or
tunnel constructed under this subsection.
(b) Notwithstanding the provisions of section 301 of this
title, the Secretary may permit Federal participation under
this title in the construction of a project constituting an
approach to a ferry, whether toll or free, the route of which
is a public road and has not been designated as a route on the
Interstate System. Such ferry may be either publicly or
privately owned and operated, but the operating authority and
the amount of fares charged for passage shall be under the
control of a State agency or official, and all revenues derived
from publicly owned or operated ferries shall be applied to
payment of the cost of construction or acquisition thereof,
including debt service, and to actual and necessary costs of
operation, maintenance, repair, and replacement.
* * * * * * *
(c) Notwithstanding section 301 of this title, the Secretary
may permit Federal participation under this title in the
construction of ferry boats and ferry terminal facilities,
whether toll or free, subject to the following conditions:
(1) It is not feasible to build a bridge, tunnel,
combination thereof, or other normal highway structure
in lieu of the use of such ferry.
(2) The operation of the ferry shall be on a route
classified as a public road within the State and which
has not been designated as a route on the Interstate
System , or on a public transit ferry eligible under
chapter 53 of title 49. Projects under this subsection
may be eligible for both ferry boats carrying cars and
passengers and ferry boats carrying passengers only.
[(3) Such ferry] (3)(A) The ferry boat or ferry
terminal facility shall be publicly owned or operated
or majority publicly owned if the Secretary determines
with respect to a majority publicly owned ferry or
ferry terminal facility that such ferry boat or ferry
terminal facility provides substantial public benefits.
(B) Any Federal participation shall not
involve the construction or purchase, for
private ownership, of a ferry boat, ferry
terminal facility, or other eligible project
under this section.
(4) The operating authority and the amount of fares
charged for passage on such ferry shall be under the
control of the State or other public entity, and all
revenues derived therefrom shall be applied to actual
and necessary costs of operation, maintenance, [and\5\
repair,] repair, debt service, negotiated management
fees, and, in the case of a privately operated toll
ferry, for a reasonable rate of return.
---------------------------------------------------------------------------
\5\So in original. The word ``and'' probably should not appear.
* * * * * * *
---------------------------------------------------------------------------
[(6) No such ferry shall be sold, leased, or
otherwise disposed of without the approval of the
Secretary. The Federal share of any proceeds from such
a disposition shall be credited to the unprogramed
balance of Federal-aid highway funds of the same class
last apportioned to such State. Any amount so credited
shall be in addition to all other funds then
apportioned to such State and available for expenditure
in accordance with the provisions of this title.]
(6) The ferry service shall be maintained in
accordance with section 116.
(7)(A) No ferry boat or ferry terminal with Federal
participation under this title may be sold, leased, or
otherwise disposed of, except in accordance with part
18 of title 49, Code of Federal Regulations (as in
effect on December 18, 2014).
(B) The Federal share of any proceeds from a
disposition referred to in subparagraph (A) shall be
used for eligible purposes under this title.
* * * * * * *
Sec. 133. Surface transportation program
(a) Establishment.--The Secretary shall establish a surface
transportation program in accordance with this section.
(b) Eligible Projects.--A State may obligate funds
apportioned to it under section 104(b)(2) for the surface
transportation program only for the following:
(1) * * *
* * * * * * *
(10) Surface transportation planning programs ,
including emergency evacuation plans.
(11) Transportation alternatives.
(12) Transportation control measures listed in
section 108(f)(1)(A) (other than clause (xvi)) of the
Clean Air Act (42 U.S.C. 7408(f)(1)(A)).
(13) Development and establishment of management
systems.
* * * * * * *
(16) Infrastructure-based intelligent transportation
systems capital improvements , including the
installation of vehicle-to-infrastructure communication
equipment.
* * * * * * *
(c) Location of Projects.--Surface transportation program
projects may not be undertaken on roads functionally classified
as local or rural minor collectors unless the roads were on a
Federal-aid highway system on January 1, 1991, except--
(1) as provided in subsection (g)[;] or or projects
described in paragraphs (2), (4), (6),(7), (11), (20),
(25), and (26) of subsection (b)
[(2) for projects described in paragraphs (2), (4),
(6), (7), (11), (20), (25), and (26) of subsection (b);
and]
[(3)] (2) as approved by the Secretary.
(d) Allocations of Apportioned Funds to Areas Based on
Population.--
(1) Calculation.--Of the funds apportioned to a State
under section 104(b)(2)--
(A) [50 percent] 55 percent for a fiscal year
shall be obligated under this section, in
proportion to their relative shares of the
population of the State--
(i) in urbanized areas of the State
with an urbanized area population of
over 200,000;
(ii) in areas of the State other than
urban areas with a population [greater
than 5,000] of 5,000 or more; and
(iii) in other areas of the State;
and
(B) [50 percent] 45 percent may be obligated
in any area of the State.
(2) Metropolitan areas.--Funds attributed to an
urbanized area under paragraph (1)(A)(i) may be
obligated in the metropolitan area established under
section 134 that encompasses the urbanized area.
(3) Consultation with regional transportation
planning organizations.--For purposes of [paragraph
(1)(A)(ii)] paragraph (1)(A)(iii), before obligating
funding attributed to an area with a population
[greater than 5,000 and less than 200,000 of 5,000 to
200,000, a State shall consult with the regional
transportation planning organizations that represent
the area, if any.
* * * * * * *
(f) Obligation Authority.--
(1) In general.--A State that is required to obligate
in an urbanized area with an urbanized area population
of over 200,000 individuals under subsection (d) funds
apportioned to the State under section [104(b)(3)]
104(b)(2) shall make available during [the period of
fiscal years 2011 through 2014] each fiscal year 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--
[(g) Bridges Not on Federal-aid Highways.--
(1) Definition of off-system bridge.--In this
subsection, the term ``off-system bridge'' means a
highway bridge located on a public road, other than a
bridge on a Federal-aid highway.]
(g) Bridges Off the National Highway System.--
(1) Definition of off-nhs bridge.--In this
subsection, the term `off-NHS bridge' means a highway
bridge located on a public road, other than a bridge on
the National Highway System.
(2) Special rule.--
[(A) Set-aside.--Of the amounts apportioned
to a State for fiscal year 2013 and each fiscal
year thereafter under this section, the State
shall obligate for activities described in
subsection (b)(2) for off-system bridges an
amount that is not less than 15 percent of the
amount of funds apportioned to the State for
the highway bridge program for fiscal year
2009, except that amounts allocated under
subsection (d) shall not be obligated to carry
out this subsection.]
(A) Set-aside.--Each State shall obligate for
replacement (including replacement with fill
material), rehabilitation, preservation, and
protection (including scour countermeasures,
seismic retrofits, impact protection measures,
security countermeasures, and protection
against extreme events) for off-NHS bridges an
amount equal to the greater of--
(i) 15 percent of the amount
apportioned to the State under section
104(b)(2); and
(ii) an amount equal to at least 110
percent of the amount of funds [the
State set aside for off-system bridges
in fiscal year 2014] set aside for
bridges not on Federal-aid highways in
the State for fiscal year 2014.
(B) Reduction of expenditures.--The
Secretary, after consultation with State and
local officials, may reduce the requirement for
expenditures for [off-system] off-NHS bridges
under subparagraph (A) with respect to the
State if the Secretary determines that the
State has inadequate needs to justify the
expenditure.
[(3)] (h) [Credit for bridges not on Federal-aid
highways.--] Credit for Bridges Not on the National
Highway System.--Notwithstanding any other provision of
law, with respect to any project not on a Federal-aid
highway for [the replacement of a bridge or
rehabilitation of] a bridge that is wholly funded from
State and local sources, is eligible for Federal funds
under this section, is noncontroversial, is certified
by the State to have been carried out in accordance
with all standards applicable to such projects under
this section[, and is determined by the Secretary upon
completion to be no longer a deficient bridge]--
[(A)] (1) any amount expended after the date
of enactment of this subsection from State and
local sources for the project in excess of 20
percent of the cost of construction of the
project may be credited to the non-Federal
share of the cost of other bridge projects in
the State that are eligible for Federal funds
under this section; and
[(B)] (2) that crediting shall be conducted
in accordance with procedures established by
the Secretary.
[(h)] (i) Special Rule for Areas of Less Than 5,000
Population.--
(1) Special rule.--Notwithstanding subsection (c),
and except as provided in paragraph (2), up to 15
percent of the amounts required to be obligated by a
State [under subsection (d)(1)(A)(iii) for each of
fiscal years 2013 through 2014] under subsection
(d)(1)(A)(ii)for each fiscal year may be obligated on
roads functionally classified as minor collectors.
(2) Suspension.--The Secretary may suspend the
application of paragraph (1) with respect to a State if
the Secretary determines that the authority provided
under paragraph (1) is being used excessively by the
State.
Sec. 134. Metropolitan transportation planning
(a) Policy.--It is in the national interest--
(1) to encourage and promote the safe and efficient
management, operation, and development ofresilient
surface transportation systems that will serve the
mobility needs of people and freight and foster
economic growth and development within and between
States and urbanized areas, while minimizing
transportation-related fuel consumption and air
pollution through metropolitan and statewide
transportation planning processes identified in this
chapter; and
(b) Definitions.--In this section and section 135, the
following definitions apply:
(1) Metropolitan planning area.--The term
``metropolitan planning area'' means the geographic
area determined by agreement between the metropolitan
planning organization for the area and the Governor
under subsection (e).
(2) Metropolitan planning organization.--The term
``metropolitan planning organization'' means the policy
board of an organization established as a result of the
designation process under subsection (d).
(3) Nonmetropolitan area.--The term ``nonmetropolitan
area'' means a geographic area outside designated
metropolitan planning areas.
(4) Nonmetropolitan local official.--The term
``nonmetropolitan local official'' means elected and
appointed officials of general purpose local government
in a nonmetropolitan area with responsibility for
transportation.
(5) Regional transportation planning organization.--
The term ``regional transportation planning
organization'' means a policy board of an organization
established as the result of a designation under
[section 135(m)] section 135 (l).
* * * * * * *
(c) General Requirements.--
(1) Development of long-range plans and tips.--To
accomplish the objectives in subsection (a),
metropolitan planning organizations designated under
subsection (d), in cooperation with the State and
public transportation operators, shall develop long-
range transportation plans and transportation
improvement programs through a performance-driven,
outcome-based approach to planning for metropolitan
areas of the State.
(2) Contents.--The plans and TIPs for each
metropolitan area shall provide for the development and
integrated management and operation of transportation
systems and facilities (including accessible pedestrian
walkways [and bicycle transportation facilities] ,
bicycle transportation facilities, intermodal
facilities that support intercity transportation,
including intercity buses and intercity bus facilities,
and commuter vanpool providers) that will function as
an intermodal transportation system for the
metropolitan planning area and as an integral part of
an intermodal transportation system for the State and
the United States.
(3) Process of development.--The process for
developing the plans and TIPs shall provide for
consideration of all modes of transportation and shall
be continuing, cooperative, and comprehensive to the
degree appropriate, based on the complexity of the
transportation problems to be addressed.
(d) Designation of Metropolitan Planning Organizations.--
(1) In general.--To carry out the transportation
planning process required by this section, a
metropolitan planning organization shall be designated
for each urbanized area with a population of more than
50,000 individuals--
(A) by agreement between the Governor and
units of general purpose local government that
together represent at least 75 percent of the
affected population (including the largest
incorporated city (based on population) as
determined by the Bureau of the Census); or
(B) in accordance with procedures established
by applicable State or local law.
(2) Structure.--Not later than 2 years after the date
of enactment of MAP-21, each metropolitan planning
organization that serves an area designated as a
transportation management area shall consist of--
(A) local elected officials;
(B) officials of public agencies that
administer or operate major modes of
transportation in the metropolitan area,
including representation by providers of public
transportation; and
(C) appropriate State officials.
(3) Representation.--
(A) In general.--Designation or selection of
officials or representatives under paragraph
(2) shall be determined by the metropolitan
planning organization according to the bylaws
or enabling statute of the organization.
(B) Public transportation representative.--
Subject to the bylaws or enabling statute of
the metropolitan planning organization, a
representative of a provider of public
transportation may also serve as a
representative of a local municipality.
(C) Powers of certain officials.--An official
described in paragraph (2)(B) shall have
responsibilities, actions, duties, voting
rights, and any other authority commensurate
with other officials described in paragraph
(2)(B).
[(3)] (4) Limitation on statutory construction.--
Nothing in this subsection shall be construed to
interfere with the authority, under any State law in
effect on December 18, 1991, of a public agency with
multimodal transportation responsibilities--
(A) to develop the plans and TIPs for
adoption by a metropolitan planning
organization; and
(B) to develop long-range capital plans,
coordinate transit services and projects, and
carry out other activities pursuant to State
law.
[(4)] (5) Continuing designation.--A designation of a
metropolitan planning organization under this
subsection or any other provision of law shall remain
in effect until the metropolitan planning organization
is redesignated under [paragraph (5)] paragraph (6).
[(5)] (6) Redesignation procedures.--
(A) In general.--A metropolitan planning
organization may be redesignated by agreement
between the Governor and units of general
purpose local government that together
represent at least 75 percent of the existing
planning area population (including the largest
incorporated city (based on population) as
determined by the Bureau of the Census) as
appropriate to carry out this section.
(B) Restructuring.--A metropolitan planning
organization may be restructured to meet the
requirements of paragraph (2) without
undertaking a redesignation.
[(6)] (7) Designation of more than 1 metropolitan
planning organization.--More than 1 metropolitan
planning organization may be designated within an
existing metropolitan planning area only if the
Governor and the existing metropolitan planning
organization determine that the size and complexity of
the existing metropolitan planning area make
designation of more than 1 metropolitan planning
organization for the area appropriate.
* * * * * * *
(e) Metropolitan Planning Area Boundaries.--
(1) In general.--For the purposes of this section,
the boundaries of a metropolitan planning area shall be
determined by agreement between the metropolitan
planning organization and the Governor.
(2) Included area.--Each metropolitan planning area--
(A) shall encompass at least the existing
urbanized area and the contiguous area expected
to become urbanized within a 20-year forecast
period for the transportation plan; and
(B) may encompass the entire metropolitan
statistical area or consolidated metropolitan
statistical area, as defined by the Bureau of
the Census.
(3) Identification of new urbanized areas within
existing planning area boundaries.--The designation by
the Bureau of the Census of new urbanized areas within
an existing metropolitan planning area shall not
require the redesignation of the existing metropolitan
planning organization.
(4) Existing metropolitan planning areas in
nonattainment.--
(A) In general.--Notwithstanding paragraph
(2), except as provided in subparagraph (B), in
the case of an urbanized area designated as a
nonattainment area for ozone or carbon monoxide
under the Clean Air Act (42 U.S.C. 7401 et
seq.) as of the date of enactment of the
SAFETEA-LU, the boundaries of the metropolitan
planning area in existence as of such date of
enactment shall be retained.
(B) Exception.--The boundaries described in
subparagraph (A) may be adjusted by agreement
of the Governor and affected metropolitan
planning organizations in the manner described
in [subsection (d)(5)] subsection (d)(6).
* * * * * * *
(g) MPO Consultation in Plan and TIP Coordination.--
(1) Nonattainment areas.--If more than 1 metropolitan
planning organization has authority within a
metropolitan area or an area which is designated as a
nonattainment area for ozone or carbon monoxide under
the Clean Air Act (42 U.S.C. 7401 et seq.), each
metropolitan planning organization shall consult with
the other metropolitan planning organizations
designated for such area and the State in the
coordination of plans and TIPs required by this
section.
(2) Transportation improvements located in multiple
MPOS.--If a transportation improvement, funded from the
Highway Trust Fund or authorized under chapter 53 of
title 49, is located within the boundaries of more than
1 metropolitan planning area, the metropolitan planning
organizations shall coordinate plans and TIPs regarding
the transportation improvement.
(3) Relationship with other planning officials.--
(A) In general.--The Secretary shall
encourage each metropolitan planning
organization to consult with officials
responsible for other types of planning
activities that are affected by transportation
in the area (including State and local planned
growth, economic development, environmental
protection, natural disaster risk reduction
airport operations, and freight movements) or
to coordinate its planning process, to the
maximum extent practicable, with such planning
activities.
* * * * * * *
(h) Scope of Planning Process.--
(1) In general.--The metropolitan planning process
for a metropolitan planning area under this section
shall provide for consideration of projects and
strategies that will--
(A) support the economic vitality of the
metropolitan area, especially by enabling
global competitiveness, productivity, and
efficiency;
(B) increase the safety of the transportation
system for motorized and nonmotorized users;
(C) increase the security of the
transportation system for motorized and
nonmotorized users;
(D) increase the accessibility and mobility
of people and for freight;
(E) protect and enhance the environment,
promote energy conservation, improve the
quality of life, and promote consistency
between transportation improvements and State
and local planned growth and economic
development patterns;
(F) enhance the integration and connectivity
of the transportation system, across and
between modes, for people and freight;
(G) promote efficient system management and
operation; [and]
(H) emphasize the preservation of the
existing transportation system[.] ; and
(I) improve the resilience and reliability of
the transportation system.
(2) Performance-based approach.--
(A) In general.--The metropolitan
transportation planning process shall provide
for the establishment and use of a performance-
based approach to transportation decisionmaking
to support the national goals described in
section 150(b) of this title [and in section
5301(c) of title 49] and the general purposes
described in section 5301 of title 49.
* * * * * * *
(i) Development of Transportation Plan.--
(1) Requirements.--
(A) In general.--Each metropolitan planning
organization shall prepare and update a
transportation plan for its metropolitan
planning area in accordance with the
requirements of this subsection.
(B) Frequency.--
(i) In general.--The metropolitan
planning organization shall prepare and
update such plan every 4 years (or more
frequently, if the metropolitan
planning organization elects to update
more frequently) in the case of each of
the following:
(I) Any area designated as
nonattainment, as defined in
section 107(d) of the Clean Air
Act (42 U.S.C. 7407(d)).
(II) Any area that was
nonattainment and subsequently
designated to attainment in
accordance with section
107(d)(3) of that Act (42
U.S.C. 7407(d)(3)) and that is
subject to a maintenance plan
under section 175A of that Act
(42 U.S.C. 7505a).
(ii) Other areas.--In the case of any
other area required to have a
transportation plan in accordance with
the requirements of this subsection,
the metropolitan planning organization
shall prepare and update such plan
every 5 years unless the metropolitan
planning organization elects to update
more frequently.
(2) Transportation plan.--A transportation plan under
this section shall be in a form that the Secretary
determines to be appropriate and shall contain, at a
minimum, the following:
(A) Identification of transportation
facilities.--
(i) In general.--An identification of
transportation facilities (including
major roadways, [transit] public
transportation facilities, intercity
bus facilities, multimodal and
intermodal facilities, nonmotorized
transportation facilities, and
intermodal connectors) that should
function as an integrated metropolitan
transportation system, giving emphasis
to those facilities that serve
important national and regional
transportation functions.
* * * * * * *
(G) Capital investment and other
strategies.--Capital investment and other
strategies to preserve the existing and
projected future metropolitan transportation
infrastructure [and provide] , provide for
multimodal capacity increases based on regional
priorities and needs , and reduce vulnerability
due to natural disasters of the existing
transportation infrastructure.
(H) Transportation and transit enhancement
activities.--Proposed transportation and
transit enhancement activities ``, including
consideration of the role that intercity buses
may play in reducing congestion, pollution, and
energy consumption in a cost-effective manner
and strategies and investments that preserve
and enhance intercity bus systems, including
systems that are privately owned and operated.
(3) Coordination with Clean Air Act agencies.--* * *
* * * * * * *
(6) Participation by interested parties.--
(A) In general.--Each metropolitan planning
organization shall provide citizens, affected
public agencies, representatives of public
transportation employees, public ports,freight
shippers, providers of freight transportation
services, private providers of transportation
(including intercity bus operators and commuter
vanpool providers), representatives of users of
public transportation, representatives of users
of pedestrian walkways and bicycle
transportation facilities, representatives of
the disabled, and other interested parties with
a reasonable opportunity to comment on the
transportation plan.
* * * * * * *
(8) Selection of projects from illustrative list.--
Notwithstanding paragraph [(2)(C)] (2)(E), a State or
metropolitan planning organization shall not be
required to select any project from the illustrative
list of additional projects included in the financial
plan under paragraph [(2)(C)] (2)(E).
(j) Metropolitan TIP.--
(1) Development.--
(A)* * *
* * * * * * *
(5) Selection of projects.--
(A) In general.--Except as otherwise provided
in [subsection (k)(4)] subsection (k)(3) and in
addition to the TIP development required under
paragraph (1), the selection of Federally
funded projects in metropolitan areas shall be
carried out, from the approved TIP--I65 * * * *
* * *
(k) Transportation Management Areas.--
(1) Identification and designation.--
(A) Required identification.--The Secretary
shall identify as a transportation management
area each urbanized area (as defined by the
Bureau of the Census) with a population of over
200,000 individuals.
(B) Designations on request.--The Secretary
shall designate any additional area as a
transportation management area on the request
of the Governor and the metropolitan planning
organization designated for the area.
(2) Transportation plans.--In a transportation
management area, transportation plans shall be based on
a continuing and comprehensive transportation planning
process carried out by the metropolitan planning
organization in cooperation with the State and public
transportation operators.
[(3) Congestion management process.--
[(A) In general.--Within a metropolitan
planning area serving a transportation
management area, the transportation planning
process under this section shall address
congestion management through a process that
provides for effective management and
operation, based on a cooperatively developed
and implemented metropolitan-wide strategy, of
new and existing transportation facilities
eligible for funding under this title and
chapter 53 of title 49 through the use of
travel demand reduction and operational
management strategies.
[(B) Schedule.--The Secretary shall establish
an appropriate phase-in schedule for compliance
with the requirements of this section but no
sooner than 1 year after the identification of
a transportation management area.]
[(4)] (3) Selection of projects.--
(A) In general.--All Federally funded
projects carried out within the boundaries of a
metropolitan planning area serving a
transportation management area under this title
(excluding projects carried out on the National
Highway System) or under chapter 53 of title 49
shall be selected for implementation from the
approved TIP by the metropolitan planning
organization designated for the area in
consultation with the State and any affected
public transportation operator.
(B) National Highway System projects.--
Projects carried out within the boundaries of a
metropolitan planning area serving a
transportation management area on the National
Highway System shall be selected for
implementation from the approved TIP by the
State in cooperation with the metropolitan
planning organization designated for the area.
[(5)] (4) Certification.--
(A) In general.--The Secretary shall--
(i) ensure that the metropolitan
planning process of a metropolitan
planning organization serving a
transportation management area is being
carried out in accordance with
applicable provisions of Federal law;
and
(ii) subject to subparagraph (B),
certify, not less often than once every
4 years, that the requirements of this
paragraph are met with respect to the
metropolitan planning process.
(B) Requirements for certification.--The
Secretary may make the certification under
subparagraph (A) if--
(i) the transportation planning
process complies with the requirements
of this section and other applicable
requirements of Federal law; and
(ii) there is a TIP for the
metropolitan planning area that has
been approved by the metropolitan
planning organization and the Governor.
(C) Effect of failure to certify.--
(i) Withholding of project funds.--If
a metropolitan planning process of a
metropolitan planning organization
serving a transportation management
area is not certified, the Secretary
may withhold up to 20 percent of the
funds attributable to the metropolitan
planning area of the metropolitan
planning organization for projects
funded under this title and chapter 53
of title 49.
(ii) Restoration of withheld funds.--
The withheld funds shall be restored to
the metropolitan planning area at such
time as the metropolitan planning
process is certified by the Secretary.
(D) Review of certification.--In making
certification determinations under this
paragraph, the Secretary shall provide for
public involvement appropriate to the
metropolitan area under review.
(l) Report on Performance-based Planning Processes.--
(1) In general.--The Secretary shall submit to
Congress a report on the effectiveness of the
performance-based planning processes of metropolitan
planning organizations under this section, taking into
consideration the requirements of this subsection.\9\
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\9\So in original. Probably should be followed by a period.
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(2) Report.--Not later than 5 years after the date of
enactment of the MAP-21, the Secretary shall submit to
Congress a report evaluating--
(A) the overall effectiveness of performance-
based planning as a tool for guiding
transportation investments;
(B) the effectiveness of the performance-
based planning process of each metropolitan
planning organization under this section;
(C) the extent to which metropolitan planning
organizations have achieved, or are currently
making substantial progress toward achieving,
the performance targets specified under this
section and whether metropolitan planning
organizations are developing meaningful
performance targets; and
(D) the technical capacity of metropolitan
planning organizations that operate within a
metropolitan planning area [of less than
200,000] with a population of 200,000 or less
and their ability to carry out the requirements
of this section.
* * * * * * *
[(n) Additional Requirements for Certain Nonattainment
Areas.--
[(1) In general.--Notwithstanding any other
provisions of this title or chapter 53 of title,\10\
for transportation management areas classified as
nonattainment for ozone or carbon monoxide pursuant to
the Clean Air Act (42 U.S.C. 7401 et seq.), Federal
funds may not be advanced in such area for any highway
project that will result in a significant increase in
the carrying capacity for single-occupant vehicles
unless the project is addressed through a congestion
management process.
---------------------------------------------------------------------------
\10\So in original. Probably should be ``title 49,''.
---------------------------------------------------------------------------
[(2) Applicability.--This subsection applies to a
nonattainment area within the metropolitan planning
area boundaries determined under subsection (e).]
[(o)] (n) Limitation on Statutory Construction.--Nothing in
this section shall be construed to confer on a metropolitan
planning organization the authority to impose legal
requirements on any transportation facility, provider, or
project not eligible under this title or chapter 53 of title
49.
[(p)] (o) Funding.--Funds [set aside under section 104(f)]
apportioned under paragraphs (5)(D) and (6) of section 104(b)
of this title or section 5305(g) of title 49 shall be available
to carry out this section.
[(q)] (p) Continuation of Current Review Practice.--Since
plans and TIPs described in this section are subject to a
reasonable opportunity for public comment, since individual
projects included in plans and TIPs are subject to review under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.), and since decisions by the Secretary concerning plans
and TIPs described in this section have not been reviewed under
that Act as of January 1, 1997, any decision by the Secretary
concerning a plan or TIP described in this section shall not be
considered to be a Federal action subject to review under that
Act.
(q) Treatment of Lake Tahoe Region.--
(1) Definition of lake tahoe region.--In this
subsection, the term `Lake Tahoe Region' has the
meaning given the term `region' in subsection (a) of
Article II of the Lake Tahoe Regional Planning Compact
(Public Law 96-551; 94 Stat. 3234).
(2) Treatment.--For the purpose of this title, the
Lake Tahoe Region shall be treated as--
(A) a metropolitan planning organization;
(B) a transportation management area under
subsection (k); and
(C) an urbanized area, which is comprised of
a population of 145,000 in the State of
California and a population of 65,000 in the
State of Nevada.
(3) Suballocated funding.--
(A) Section 133.--When determining the amount
under subparagraph (A) of section 133(d)(1)
that shall be obligated for a fiscal year in
the States of California and Nevada under
clauses (i), (ii), and (iii) of that
subparagraph, the Secretary shall, for each of
those States--
(i) calculate the population under
each of those clauses;
(ii) decrease the amount under
section 133(d)(1)(A)(iii) by the
population specified in paragraph (2)
of this subsection for the Lake Tahoe
Region in that State; and
(iii) increase the amount under
section 133(d)(1)(A)(i) by the
population specified in paragraph (2)
of this subsection for the Lake Tahoe
Region in that State.
(B) Section 213.--When determining the amount
under paragraph (1) of section 213(c) that
shall be obligated for a fiscal year in the
States of California and Nevada under
subparagraphs (A), (B), and (C) of that
paragraph, the Secretary shall, for each of
those States--
(i) calculate the population under
each of those subparagraphs;
(ii) decrease the amount under
section 213(c)(1)(C) by the population
specified in paragraph (2) of this
subsection for the Lake Tahoe Region in
that State; and
(iii) increase the amount under
section 213(c)(1)(A) by the population
specified in paragraph (2) of this
subsection for the Lake Tahoe Region in
that State.
Sec. 135. Statewide and nonmetropolitan transportation planning
(a) General Requirements.--
(1) Development of plans and programs.--* * *
* * * * * * *
(2) Contents.--The statewide transportation plan and
the transportation improvement program developed for
each State shall provide for the development and
integrated management and operation of transportation
systems and facilities (including accessible pedestrian
walkways [and bicycle transportation facilities] ,
bicycle transportation facilities, intermodal
facilities that support intercity transportation,
including intercity buses and intercity bus facilities,
and commuter vanpool providers) that will function as
an intermodal transportation system for the State and
an integral part of an intermodal transportation system
for the United States.
* * * * * * *
(d) Scope of Planning Process.--
(1) In general.--Each State shall carry out a
statewide transportation planning process that provides
for consideration and implementation of projects,
strategies, and services that will--
(A) support the economic vitality of the
United States, the States, nonmetropolitan
areas, and metropolitan areas, especially by
enabling global competitiveness, productivity,
and efficiency;
(B) increase the safety of the transportation
system for motorized and nonmotorized users;
(C) increase the security of the
transportation system for motorized and
nonmotorized users;
(D) increase the accessibility and mobility
of people and freight;
(E) protect and enhance the environment,
promote energy conservation, improve the
quality of life, and promote consistency
between transportation improvements and State
and local planned growth and economic
development patterns;
(F) enhance the integration and connectivity
of the transportation system, across and
between modes throughout the State, for people
and freight;
(G) promote efficient system management and
operation; [and]
(H) emphasize the preservation of the
existing transportation system[.] ; and
(I) improve the resilience and reliability of
the transportation system.
(2) Performance-based approach.--
(A) In general.--The statewide transportation
planning process shall provide for the
establishment and use of a performance-based
approach to transportation decisionmaking to
support the national goals described in section
150(b) of this title [and in section 5301(c) of
title 49] and the general purposes described in
section 5301 of title 49.
* * * * * * *
(e) Additional Requirements.--In carrying out planning under
this section, each State shall, at a minimum--
(1) with respect to nonmetropolitan areas, cooperate
with affected local officials with responsibility for
transportation or, if applicable, through regional
transportation planning organizations described in
[subsection (m)] subsection (l);
* * * * * * *
(f) Long-range Statewide Transportation Plan.--
(1) Development.--Each State shall develop a long-
range statewide transportation plan, with a minimum 20-
year forecast period for all areas of the State, that
provides for the development and implementation of the
intermodal transportation system of the State.
(2) Consultation with governments.--
(A) Metropolitan areas.--The statewide
transportation plan shall be developed for each
metropolitan area in the State in cooperation
with the metropolitan planning organization
designated for the metropolitan area under
section 134.
(B) Nonmetropolitan areas.--
(i) In general.--With respect to
nonmetropolitan areas, the statewide
transportation plan shall be developed
in cooperation with affected
nonmetropolitan officials with
responsibility for transportation or,
if applicable, through regional
transportation planning organizations
described in [subsection (m)]
subsection (l).
* * * * * * *
(3) Participation by interested parties.--
(A) In general.--In developing the statewide
transportation plan, the State shall provide
to--
(i) nonmetropolitan local elected
officials or, if applicable, through
regional transportation planning
organizations described in [subsection
(m)] subsection (l), an opportunity to
participate in accordance with
subparagraph (B)(i); and
(ii) citizens, affected public
agencies, representatives of public
transportation employees, freight
shippers, private providers of
transportation (including intercity bus
operators and comuter vanpool
providers), representatives of users of
public transportation, representatives
of users of pedestrian walkways and
bicycle transportation facilities,
representatives of the disabled,
providers of freight transportation
services, and other interested parties
a reasonable opportunity to comment on
the proposed plan.
* * * * * * *
(7) Performance-based approach.--The statewide
transportation plan [should] shall include--
(A) a description of the performance measures
and performance targets used in assessing the
performance of the transportation system in
accordance with subsection (d)(2); and
(B) a system performance report and
subsequent updates evaluating the condition and
performance of the transportation system with
respect to the performance targets described in
subsection (d)(2), including progress achieved
by the metropolitan planning organization in
meeting the performance targets in comparison
with system performance recorded in previous
reports;
(8) Existing system.--The statewide transportation
plan should include capital, operations and management
strategies, investments, procedures, and other measures
to ensure the preservation and most efficient use of
the existing transportation system , including
consideration of the role that intercity buses may play
in reducing congestion, pollution, and energy
consumption in a cost-effective manner and strategies
and investments that preserve and enhance intercity bus
systems, including systems that are privately owned and
operated.
* * * * * * *
(g) Statewide Transportation Improvement Program.--
(1) Development.--
(A) In general.--Each State shall develop a
statewide transportation improvement program
for all areas of the State.
(B) Duration and updating of program.--Each
program developed under subparagraph (A) shall
cover a period of 4 years and shall be updated
every 4 years or more frequently if the
Governor of the State elects to update more
frequently.
(2) Consultation with governments.--
(A) Metropolitan areas.--With respect to each
metropolitan area in the State, the program
shall be developed in cooperation with the
metropolitan planning organization designated
for the metropolitan area under section 134.
(B) Nonmetropolitan areas.--
(i) In general.--With respect to each
nonmetropolitan area in the State, the
program shall be developed in
consultation with affected
nonmetropolitan local officials with
responsibility for transportation or,
if applicable, through regional
transportation planning organizations
described in [subsection (m)]
subsection (l).
(ii) Role of Secretary.--The
Secretary shall not review or approve
the specific consultation process in
the State.
* * * * * * *
(3) Participation by interested parties.--In
developing the program, the State shall provide
citizens, affected public agencies, representatives of
public transportation employees, public sports freight
shippers, private providers of transportation
(including intercity bus operators),, providers of
freight transportation services, representatives of
users of public transportation, representatives of
users of pedestrian walkways and bicycle transportation
facilities, representatives of the disabled, and other
interested parties with a reasonable opportunity to
comment on the proposed program.
* * * * * * *
(6) Project selection for areas of less than 50,000
population.--
(A) In general.--Projects carried out in
areas with populations of less than 50,000
individuals shall be selected, from the
approved transportation improvement program
(excluding projects carried out on the National
Highway System and projects carried out under
the bridge program or the Interstate
maintenance program under this title or under
sections 5310 and 5311 of title 49), by the
State in cooperation with the affected
nonmetropolitan local officials with
responsibility for transportation or, if
applicable, through regional transportation
planning organizations described in [subsection
(m)] subsection (l).
* * * * * * *
(i) Funding.--Funds apportioned under [section 104(b)(5)]
paragraphs (5)(D) and (6) of section 104(b) of this title and
set aside under section 5305(g) of title 49 shall be available
to carry out this section.
* * * * * * *
[(j) Treatment of Certain State Laws as Congestion Management
Processes.--For purposes of this section and section 134, and
sections 5303 and 5304 of title 49, State laws, rules, or
regulations pertaining to congestion management systems or
programs may constitute the congestion management process under
this section and section 134, and sections 5303 and 5304 of
title 49, if the Secretary finds that the State laws, rules, or
regulations are consistent with, and fulfill the intent of, the
purposes of this section and section 134 and sections 5303 and
5304 of title 49, as appropriate.]
[(k)] (j) Continuation of Current Review Practice.--Since the
statewide transportation plan and the transportation
improvement program described in this section are subject to a
reasonable opportunity for public comment, since individual
projects included in the statewide transportation plans and the
transportation improvement program are subject to review under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.), and since decisions by the Secretary concerning
statewide transportation plans or the transportation
improvement program described in this section have not been
reviewed under that Act as of January 1, 1997, any decision by
the Secretary concerning a metropolitan or statewide
transportation plan or the transportation improvement program
described in this section shall not be considered to be a
Federal action subject to review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
[(l)] (k) Schedule for Implementation.--The Secretary shall
issue guidance on a schedule for implementation of the changes
made by this section, taking into consideration the established
planning update cycle for States. The Secretary shall not
require a State to deviate from its established planning update
cycle to implement changes made by this section. States shall
reflect changes made to their transportation plan or
transportation improvement program updates not later than 2
years after the date of issuance of guidance by the Secretary
under this subsection.
[(m)] (l) Designation of Regional Transportation Planning
Organizations.--
(1) In general.--To carry out the transportation
planning process required by this section, a State may
establish and designate regional transportation
planning organizations to enhance the planning,
coordination, and implementation of statewide strategic
long-range transportation plans and transportation
improvement programs, with an emphasis on addressing
the needs of nonmetropolitan areas of the State.
(2) Structure.--A regional transportation planning
organization shall be established as a
multijurisdictional organization of nonmetropolitan
local officials or their designees who volunteer for
such organization and representatives of local
transportation systems who volunteer for such
organization.
(3) Requirements.--A regional transportation planning
organization shall establish, at a minimum--
(A) a policy committee, the majority of which
shall consist of nonmetropolitan local
officials, or their designees, and, as
appropriate, additional representatives from
the State, private business, transportation
service providers, economic development
practitioners, and the public in the region;
and
(B) a fiscal and administrative agent, such
as an existing regional planning and
development organization, to provide
professional planning, management, and
administrative support.
(4) Duties.--The duties of a regional transportation
planning organization shall include--
(A) developing and maintaining, in
cooperation with the State, regional long-range
multimodal transportation plans;
(B) developing a regional transportation
improvement program for consideration by the
State;
(C) fostering the coordination of local
planning, land use, and economic development
plans with State, regional, and local
transportation plans and programs;
(D) providing technical assistance to local
officials;
(E) participating in national, multistate,
and State policy and planning development
processes to ensure the regional and local
input of nonmetropolitan areas;
(F) providing a forum for public
participation in the statewide and regional
transportation planning processes;
(G) considering and sharing plans and
programs with neighboring regional
transportation planning organizations,
metropolitan planning organizations, and, where
appropriate, tribal organizations; and
(H) conducting other duties, as necessary, to
support and enhance the statewide planning
process under subsection (d).
(5) States without regional transportation planning
organizations.--If a State chooses not to establish or
designate a regional transportation planning
organization, the State shall consult with affected
nonmetropolitan local officials to determine projects
that may be of regional significance.
* * * * * * *
Sec. 136. Control of junkyards
(a) The Congress hereby finds and declares that the
establishment and use and maintenance of junkyards in areas
adjacent to the Interstate System and the primary system should
be controlled in order to protect the public investment in such
highways, to promote the safety and recreational value of
public travel, and to preserve natural beauty.
(b) Federal-aid highway funds apportioned on or after January
1, 1968, to any State which the Secretary determines has not
made provision for effective control of the establishment and
maintenance along the Interstate System and the primary system
of outdoor junkyards, which are within one thousand feet of the
nearest edge of the right-of-way and visible from the main
traveled way of the system, shall be reduced by amounts equal
to 7 percent of the amounts which would otherwise be
apportioned to such State under [paragraphs (1) through (5) of
section 104(b)] paragraphs (1) through (6) of section 104(b),
until such time as such State shall provide for such effective
control. Any amount which is withheld from apportionment to any
State hereunder shall be reapportioned to the other States.
Whenever he determines it to be in the public interest, the
Secretary may suspend, for such periods as he deems necessary,
the application of this subsection to a State.
* * * * * * *
Sec. 138. Preservation of parklands
(a) Declaration of Policy.--It is declared to be the national
policy that special effort should be made to preserve the
natural beauty of the countryside and public park and
recreation lands, wildlife and waterfowl refuges, and historic
sites. The Secretary of Transportation shall cooperate and
consult with the Secretaries of the Interior, Housing and Urban
Development, and Agriculture, and with the States in developing
transportation plans and programs that include measures to
maintain or enhance the natural beauty of the lands traversed.
After the effective date of the Federal-Aid Highway Act of
1968, the Secretary shall not approve any program or project
(other than any project for a Federal lands transportation
facility) which requires the use of any publicly owned land
from a public park, recreation area, or wildlife and waterfowl
refuge of national, State, or local significance as determined
by the Federal, State, or local officials having jurisdiction
thereof, or any land from an historic site of national, State,
or local significance as so determined by such officials unless
(1) there is no feasible and prudent alternative to the use of
such land, and (2) such program includes all possible planning
to minimize harm to such park, recreational area, wildlife and
waterfowl refuge, or historic site resulting from such use. In
carrying out the national policy declared in this section the
Secretary, in cooperation with the Secretary of the Interior
and appropriate State and local officials, is authorized to
conduct studies as to the most feasible Federal-aid routes for
the movement of motor vehicular traffic through or around
national parks so as to best serve the needs of the traveling
public while preserving the natural beauty of these areas.
(b) De Minimis Impacts.--* * *
* * * * * * *
(c) Satisfaction of Requirements for Certain Historic
Sites.--
(1) In general.--The Secretary shall--
(A) [ensure that the requirements of this
section are consistent with]align, to the
maximum extent practicable, with the
requirements of the National Environmental
Policy Act of 1969 (42 U.S.C. 4231 et seq.) and
section 306108 of title 54, including
implementing regulations; and
(B) not later than 90 days after the date of
enactment of this subsection, coordinate with
the Secretary of the Interior and the Executive
Director of the Advisory Council on Historic
Preservation (referred to in this subsection as
the `Council') to establish procedures to
satisfy the requirements described in
subparagraph (A) (including regulations).
(2) Avoidance alternative analysis.--
(A) In general.--If, in an analysis required
under the National Environmental Policy Act of
1969 (42 U.S.C. 4231 et seq.), the Secretary
determines that there is no feasible or prudent
alternative to avoid use of an historic site,
the Secretary may--
(i) include the determination of the
Secretary in the analysis required
under that Act;
(ii) provide a notice of the
determination to--
(I) each applicable State
historic preservation officer
and tribal historic
preservation officer;
(II) the Council, if the
Council is participating in the
consultation process under
section 306108 of title 54; and
(III) the Secretary of the
Interior; and
(iii) request from the applicable
preservation officer, the Council, and
the Secretary of the Interior a
concurrence that the determination is
sufficient to satisfy the requirement
of subsection (a)(1).
(B) Concurrence.--If the applicable
preservation officer, the Council, and the
Secretary of the Interior each provide a
concurrence requested under [subparagraph
(A)(iii)--
[(i) no further analysis under
subsection (a)(1) shall be required;
[(ii) the Secretary shall include in
the record of decision or finding of no
significant impact a notice of a
determination and each relevant
concurrence to the determination under
subparagraph (A); and
[(iii) not later than 3 days after
the receipt by the Secretary of all
concurrences requested under
subparagraph (A)(iii), the Secretary
shall post on an appropriate Federal
website the determination and each
relevant concurrence described in
clause (ii).] subparagraph (A)(iii), no
further analysis under subsection
(a)(1) shall be required.
(C) Publication.--A notice of a
determination, together with each relevant
concurrence to that determination, under
subparagraph (A) shall be--
(i) included in the record of
decision or finding of no significant
impact of the Secretary; and
(ii) posted on an appropriate Federal
website by not later than 3 days after
the date of receipt by the Secretary of
all concurrences requested under
subparagraph (A)(iii).
(3) Aligning historical reviews.--
(A) In general.--If the Secretary, the
applicable preservation officer, the Council,
and the Secretary of the Interior concur [that
there is no feasible and prudent alternative]
that no feasible and prudent alternative exists
as described in paragraph (2), the Secretary
may provide to the applicable preservation
officer, the Council, and the Secretary of the
Interior notice of the intent of the Secretary
to satisfy the requirements of subsection
(a)(2) through the consultation requirements of
section 306108 of title 54.
(B) Satisfaction of conditions.--To satisfy
the requirements of subsection (a)(2), each
individual described in paragraph (2)(A)(ii)
shall concur in the treatment of the applicable
historic site described in the memorandum of
agreement or programmatic agreement developed
under section 306108 of title 54.
(d) Bridge Exemption From Consideration.--A common post-1945
concrete or steel bridge or culvert (as described in 77 Fed.
Reg. 68790) that is exempt from individual review under section
306108 of title 54, United States Code, shall be exempt from
consideration under this section.
* * * * * * *
Sec. 139. Efficient environmental reviews for project decisionmaking
(a) Definitions.--In this section, the following definitions
apply:
(1) Agency.--The term ``agency'' means any agency,
department, or other unit of Federal, State, local, or
Indian tribal government.
(2) Environmental impact statement.--* * *
* * * * * * *
[(5) Multimodal project.--The term ``multimodal
project'' means a project funded, in whole or in part,
under this title or chapter 53 of title 49 and
involving the participation of more than one Department
of Transportation administration or agency.]
(5) Multimodal project.--The term `multimodal
project' means a project that requires approval by more
than 1 Department of Transportation operating
administration or secretarial office.
[(6) Project.--The term ``project'' means any highway
project, public transportation capital project, or
multimodal project that requires the approval of the
Secretary.]
(6) Project.--
(A) In general.--The term `project' means any
highway project, public transportation capital
project, or multimodal project that, if
implemented as proposed by the project sponsor,
would require approval by any operating
administration or secretarial office within the
Department.
(B) Considerations.--For purposes of this
paragraph, the Secretary shall take into
account, if known, any sources of Federal
funding or financing identified by the project
sponsor, including discretionary grant, loan,
and loan guarantee programs administered by the
Department.
* * * * * * *
(c) Lead Agencies.--
(1) Federal lead agency.--
(A) In general.--The Department of
Transportation shall be the Federal lead agency
in the environmental review process for a
project.
(B) Modal administration.--If the project
requires approval from more than 1 modal
administration within the Department, the
Secretary may designate a single modal
administration to serve as the Federal lead
agency for the Department in the environmental
review process for the project.
(2) Joint lead agencies.--Nothing in this section
precludes another agency from being a joint lead agency
in accordance with regulations under the National
Environmental Policy Act of 1969.
(3) Project sponsor as joint lead agency.--Any
project sponsor that is a State or local governmental
entity receiving funds under this title or chapter 53
of title 49 for the project shall serve as a joint lead
agency with the Department for purposes of preparing
any environmental document under the National
Environmental Policy Act of 1969 and may prepare any
such environmental document required in support of any
action or approval by the Secretary if the Federal lead
agency furnishes guidance in such preparation and
independently evaluates such document and the document
is approved and adopted by the Secretary prior to the
Secretary taking any subsequent action or making any
approval based on such document, whether or not the
Secretary's action or approval results in Federal
funding.
(4) Ensuring compliance.--The Secretary shall ensure
that the project sponsor complies with all design and
mitigation commitments made jointly by the Secretary
and the project sponsor in any environmental document
prepared by the project sponsor in accordance with this
subsection and that such document is appropriately
supplemented if project changes become necessary.
(5) Adoption and use of documents.--Any environmental
document prepared in accordance with this subsection
may be adopted or used by any Federal agency making any
approval to the same extent that such Federal agency
could adopt or use a document prepared by another
Federal agency.
[(6) Roles and responsibility of lead agency.--With
respect to the environmental review process for any
project, the lead agency shall have authority and
responsibility--
[(A) to take such actions as are necessary
and proper, within the authority of the lead
agency, to facilitate the expeditious
resolution of the environmental review process
for the project; [and]
(B) to prepare or ensure that any required
environmental impact statement or other
document required to be completed under the
National Environmental Policy Act of 1969 is
completed in accordance with this section and
applicable Federal law[.] ; and
(C) to consider and respond to comments
received from participating agencies on matters
within the special expertise or jurisdiction of
the participating agencies.
(d) Participating Agencies.--
(1) In general.--The lead agency shall be responsible
for inviting and designating participating agencies in
accordance with this subsection.
(2) Invitation.--* * *
* * * * * * *
(8) Participating agency responsibilities.--An agency
participating in the collaborative environmental review
process under this section shall--
(A) provide comments, responses, studies, or
methodologies on those areas within the special
expertise or jurisdiction of the Federal
participating or cooperating agency; and
(B) use the process to address any
environmental issues of concern to the
participating or cooperating agency.
* * * * * * *
(e) Project Initiation.--
(1) In general.--The project sponsor shall notify the
Secretary of the type of work, termini, length and
general location of the proposed project (including any
additional information that the project sponsor
considers to be important to initiate the process for
the proposed project), together with a statement of any
Federal approvals anticipated to be necessary for the
proposed project, for the purpose of informing the
Secretary that the environmental review process should
be initiated.
* * * * * * *
(3) Review of application.--Not later than 45 days
after the date on which an application is received by
the Secretary under this subsection, the Secretary
shall provide to the project sponsor a written response
that, as applicable--
(A) describes the determination of the
Secretary--
(i) to initiate the environmental
review process, including a timeline
and an expected date for the
publication in the Federal Register of
the relevant notice of intent; or
(ii) to decline the application,
including an explanation of the reasons
for that decision; or
(B) requests additional information, and
provides to the project sponsor an accounting,
regarding what is necessary to initiate the
environmental review process.
(4) Request to designate a lead agency.--
(A) In general.--Any project sponsor may
submit a request to the Secretary to designate
a specific operating administration or
secretarial office within the Department of
Transportation to serve as the Federal lead
agency for a project.
(B) Proposed schedule.--A request under
subparagraph (A) may include a proposed
schedule for completing the environmental
review process.
(C) Secretarial action.--
(i) In general.--If a request under
subparagraph (A) is received, the
Secretary shall respond to the request
not later than 45 days after the date
of receipt.
(ii) Requirements.--The response
shall--
(I) approve the request;
(II) deny the request, with
an explanation of the reasons;
or
(III) require the submission
of additional information.
(iii) Additional information.--If
additional information is submitted in
accordance with clause (ii)(III), the
Secretary shall respond to that
submission not later than 45 days after
the date of receipt.
* * * * * * *
(f) Purpose and Need.--
(1) Participation.--As early as practicable during
the environmental review process, the lead agency shall
provide an opportunity for involvement by participating
agencies and the public in defining the purpose and
need for a project.
(2) Definition.--Following participation under
paragraph (1), the lead agency shall define the
project's purpose and need for purposes of any document
which the lead agency is responsible for preparing for
the project.
(3) Objectives.--The statement of purpose and need
shall include a clear statement of the objectives that
the proposed action is intended to achieve, which may
include--
(A) achieving a transportation objective
identified in an applicable statewide or
metropolitan transportation plan;
(B) supporting land use, economic
development, or growth objectives established
in applicable Federal, State, local, or tribal
plans; and
(C) serving national defense, national
security, or other national objectives, as
established in Federal laws, plans, or
policies.
(4) Alternatives analysis.--
(A) Participation.--As early as practicable
during the environmental review process, the
lead agency shall provide an opportunity for
involvement by participating agencies and the
public in determining the range of alternatives
to be considered for a project.
(B) Range of alternatives.--Following
participation under paragraph (1), the lead
agency shall determine the range of
alternatives for consideration in any document
which the lead agency is responsible for
preparing for the project.
(C) Methodologies.--The lead agency also
shall determine, in collaboration with
participating agencies at appropriate times
during the study process, the methodologies to
be used and the level of detail required in the
analysis of each alternative for a project.
(D) Preferred alternative.--At the discretion
of the lead agency, the preferred alternative
for a project, after being identified, may be
developed to a higher level of detail than
other alternatives in order to facilitate the
development of mitigation measures or
concurrent compliance with other applicable
laws if the lead agency determines that the
development of such higher level of detail will
not prevent the lead agency from making an
impartial decision as to whether to accept
another alternative which is being considered
in the environmental review process.
(E) Reduction of duplication.--
(i) In general.--In carrying out this
paragraph, the lead agency shall reduce
duplication, to the maximum extent
practicable, between--
(I) the evaluation of
alternatives under the National
Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.);
and
(II) the evaluation of
alternatives in the
metropolitan transportation
planning process under section
134 of title 23, United States
Code, or an environmental
review process carried out
under State law (referred to in
this subparagraph as a `State
environmental review process').
(ii) Consideration of alternatives.--
The lead agency may eliminate from
detailed consideration an alternative
proposed in an environmental impact
statement regarding a project if, as
determined by the lead agency--
(I) the alternative was
considered in a metropolitan
planning process or a State
environmental review process by
a metropolitan planning
organization or a State or
local transportation agency, as
applicable;
(II) the lead agency provided
guidance to the metropolitan
planning organization or State
or local transportation agency,
as applicable, regarding
analysis of alternatives in the
metropolitan planning process
or State environmental review
process, including guidance on
the requirements under the
National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et
seq.) and any other
requirements of Federal law
necessary for approval of the
project;
(III) the applicable
metropolitan planning process
or State environmental review
process included an opportunity
for public review and comment;
(IV) the applicable
metropolitan planning
organization or State or local
transportation agency rejected
the alternative after
considering public comments;
(V) the Federal lead agency
independently reviewed the
alternative evaluation approved
by the applicable metropolitan
planning organization or State
or local transportation agency;
and
(VI) the Federal lead agency
has determined--
(aa) in consultation
with Federal
participating or
cooperating agencies,
that the alternative to
be eliminated from
consideration is not
necessary for
compliance with the
National Environmental
Policy Act of 1969 (42
U.S.C. 4321 et seq.);
or
(bb) with the
concurrence of Federal
agencies with
jurisdiction over a
permit or approval
required for a project,
that the alternative to
be eliminated from
consideration is not
necessary for any
permit or approval
under any other Federal
law.
* * * * * * *
(g) Coordination and Scheduling.--
(1) Coordination plan.--
(A) In general.--The lead agency shall
establish a plan for coordinating public and
agency participation in and comment on the
environmental review process for a project or
category of projects. The coordination plan may
be incorporated into a memorandum of
understanding.
(B) Schedule.--
(i) In general.--[The lead agency]
For a project requiring an
environmental impact statement or
environmental assessment, the lead
agency [may] shall establish as part of
the coordination plan, after
consultation with and the concurrence
of each participating agency for the
project and with the State in which the
project is located (and, if the State
is not the project sponsor, with the
project sponsor), a schedule for
completion of the environmental review
process for the project.
* * * * * * *
(h) Issue Identification and Resolution.--
(1) Cooperation.--The lead agency and the
participating agencies shall work cooperatively in
accordance with this section to identify and resolve
issues that could delay completion of the environmental
review process or could result in denial of any
approvals required for the project under applicable
laws.
(2) Lead agency responsibilities.--The lead agency
shall make information available to the participating
agencies as early as practicable in the environmental
review process regarding the environmental and
socioeconomic resources located within the project area
and the general locations of the alternatives under
consideration. Such information may be based on
existing data sources, including geographic information
systems mapping.
(3) Participating agency responsibilities.--Based on
information received from the lead agency,
participating agencies shall identify, as early as
practicable, any issues of concern regarding the
project's potential environmental or socioeconomic
impacts. In this paragraph, issues of concern include
any issues that could substantially delay or prevent an
agency from granting a permit or other approval that is
needed for the project.
(4) Interim decision on achieving accelerated
decisionmaking.--
(A) In general.--Not later than 30 days after
the close of the public comment period on a
draft environmental impact statement, the
Secretary may convene a meeting with the
project sponsor, lead agency, resource
agencies, and any relevant State agencies to
ensure that all parties are on schedule to meet
deadlines for decisions to be made regarding
the project.
(B) Deadlines.--The deadlines referred to in
subparagraph (A) shall be those established
under subsection (g), or any other deadlines
established by the lead agency, in consultation
with the project sponsor and other relevant
agencies.
(C) Failure to assure.--If the relevant
agencies cannot provide reasonable assurances
that the deadlines described in subparagraph
(B) will be met, the Secretary may initiate the
issue resolution and referral process described
under [paragraph (5) and] paragraph (5) before
the completion of the record of decision.
(5) Accelerated issue resolution and referral.--
(A) Agency issue resolution meeting.--
(i) In general.--A Federal agency of
jurisdiction, project sponsor, or the
Governor of a State in which a project
is located may request an issue
resolution meeting to be conducted by
the lead agency.
(ii) Action by lead agency.--The lead
agency shall convene an issue
resolution meeting under clause (i)
with the relevant participating
agencies and the project sponsor,
including the Governor only if the
meeting was requested by the Governor,
to resolve issues that could--
(I) delay completion of the
environmental review process ,
including modifications to the
project schedule; or
(II) result in denial of any
approvals required for the
project under applicable laws.
(iii) Date.--A meeting requested
under this subparagraph shall be held
by not later than 21 days after the
date of receipt of the request for the
meeting, unless the lead agency
determines that there is good cause to
extend the time for the meeting.
(iv) Notification.--On receipt of a
request for a meeting under this
subparagraph, the lead agency shall
notify all relevant participating
agencies of the request, including the
issue to be resolved, and the date for
the meeting.
(v) Disputes.--If a relevant
participating agency with jurisdiction
over an approval required for a project
under applicable law determines that
the relevant information necessary to
resolve the issue has not been obtained
and could not have been obtained within
a reasonable time, but the lead agency
disagrees, the resolution of the
dispute shall be forwarded to the heads
of the relevant agencies for
resolution.
(vi) Convention by lead agency.--A
lead agency may convene an issue
resolution meeting under this
subsection at any time without the
request of the Federal agency of
jurisdiction, project sponsor, or the
Governor of a State.
(B) Elevation of issue resolution.--
(i) In general.--If issue resolution
is not achieved by not later than 30
days after the date of a relevant
meeting under subparagraph (A), the
Secretary shall notify the lead agency,
the heads of the relevant participating
agencies, and the project sponsor
(including the Governor only if the
initial issue resolution meeting
request came from the Governor) that an
issue resolution meeting will be
convened.
(ii) Requirements.--The Secretary
shall identify the issues to be
addressed at the meeting and convene
the meeting not later than 30 days
after the date of issuance of the
notice.
(C) Referral of issue resolution.--
(i) Referral to Council on
Environmental Quality.--
(I) In general.--If
resolution is not achieved by
not later than 30 days after
the date of an issue resolution
meeting under subparagraph (B),
the Secretary shall refer the
matter to the Council on
Environmental Quality.
(II) Meeting.--Not later than
30 days after the date of
receipt of a referral from the
Secretary under subclause (I),
the Council on Environmental
Quality shall hold an issue
resolution meeting with the
lead agency, the heads of
relevant participating
agencies, and the project
sponsor (including the Governor
only if an initial request for
an issue resolution meeting
came from the Governor).
(ii) Referral to the President.--If a
resolution is not achieved by not later
than 30 days after the date of the
meeting convened by the Council on
Environmental Quality under clause
(i)(II), the Secretary shall refer the
matter directly to the President.
(6) Financial penalty provisions.--
(A) In general.--A Federal agency of
jurisdiction over an approval required for a
project under applicable laws shall complete
any required approval on an expeditious basis
using the shortest existing applicable process.
(B) Failure to decide.--
(i) In general.--If an agency
described in subparagraph (A) fails to
render a decision under any Federal law
relating to a project that requires the
preparation of an environmental impact
statement or environmental assessment,
including the issuance or denial of a
permit, license, or other approval by
the date described in clause (ii), an
amount of funding equal to the amounts
specified in subclause (I) or (II)
shall be rescinded from the applicable
office of the head of the agency, or
equivalent office to which the
authority for rendering the decision
has been delegated by law by not later
than 1 day after the applicable date
under clause (ii), and once each week
thereafter until a final decision is
rendered, subject to subparagraph (C)--
(I) $20,000 for any project
for which an annual financial
plan under section 106(i) is
required; or
(II) $10,000 for any other
project requiring preparation
of an environmental assessment
or environmental impact
statement.
[(ii) Description of date.--The date
referred to in clause (i) is the later
of--
[(I) the date that is 180
days after the date on which an
application for the permit,
license, or approval is
complete; and
[(II) the date that is 180
days after the date on which
the Federal lead agency issues
a decision on the project under
the National Environmental
Policy Act of 1969 (42 U.S.C.
4321 et seq.).]
(ii) Description of date.--The date
referred to in clause (i) is 1 of the
following:
(I) The date that is 30 days
after the date for rendering a
decision as described in the
project schedule established
pursuant to subsection
(g)(1)(B).
(II) If no schedule exists,
the later of--
(aa) the date that is
180 days after the date
on which an application
for the permit, license
or approval is
complete; or
(bb) the date that is
180 days after the date
on which the Federal
lead agency issues a
decision on the project
under the National
Environmental Policy
Act of 1969 (42 U.S.C.
4321 et seq.).
(III) A modified date
consistent with subsection
(g)(1)(D).
* * * * * * *
(n) Accelerated Decisionmaking in Environmental Reviews.--
(1) In general.--In preparing a final environmental
impact statement under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), if the
lead agency modifies the statement in response to
comments that are minor and are confined to factual
corrections or explanations regarding why the comments
do not warrant additional agency response, the lead
agency may write on errata sheets attached to the
statement instead of rewriting the draft statement,
subject to the condition that the errata sheets shall--
(A) cite the sources, authorities, or reasons
that support the position of the lead agency;
and
(B) if appropriate, indicate the
circumstances that would trigger agency
reappraisal or further response.
(2) Incorporation.--To the maximum extent
practicable, the lead agency shall expeditiously
develop a single document that consists of a final
environmental impact statement and a record of
decision, unless--
(A) the final environmental impact statement
makes substantial changes to the proposed
action that are relevant to environmental or
safety concerns; or
(B) there are significant new circumstances
or information that--
(i) are relevant to environmental
concerns; and
(ii) bear on the proposed action or
the impacts of the proposed action.
* * * * * * *
(o) Reviews, Approvals, and Permitting Platform.--
(1) In general.--Not later than 2 years after the
date of enactment of this subsection, the Secretary
shall establish an online platform and, in coordination
with agencies described in paragraph (2), issue
reporting standards to make publicly available the
status of reviews, approvals, and permits required for
compliance with the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) or other applicable
Federal laws for projects and activities requiring an
environmental assessment or an environmental impact
statement.
(2) Federal agency participation.--A Federal agency
of jurisdiction over a review, approval, or permit
described in paragraph (1) shall provide status
information in accordance with the standards
established by the Secretary under paragraph (1).
(3) State responsibilities.--A State that is assigned
and assumes responsibilities under section 326 or 327
shall provide applicable status information in
accordance with standards established by the Secretary
under paragraph (1).
* * * * * * *
Sec. 141. Enforcement of requirements
(a) Each State shall certify to the Secretary before January
1 of each year that it is enforcing all State laws respecting
maximum vehicle size and weights permitted on the Federal-aid
primary system, the Federal-aid urban system, and the Federal-
aid secondary system, including the Interstate System in
accordance with section 127 of this title. Each State shall
also certify that it is enforcing and complying with the
provisions of section 127(d) of this title and section 31112 of
title 49.
(b)(1) Each State shall submit to the Secretary such
information as the Secretary shall, by regulation, require as
necessary, in his opinion, to verify the certification of such
State under subsection (b) of this section.
(2) If a State fails to certify as required by subsection (b)
of this section or if the Secretary determines that a State is
not adequately enforcing all State laws respecting such maximum
vehicle size and weights, notwithstanding such a certification,
then Federal-aid highway funds apportioned to such State for
such fiscal year shall be reduced by amounts equal to 7 percent
of the amount which would otherwise be apportioned to such
State under [paragraphs (1) through (5) of section 104(b)]
paragraphs (1) through (6) of section 104(b).
* * * * * * *
Sec. 143. Highway use tax evasion projects
(a) State Defined.--In this section, the term ``State'' means
the 50 States and the District of Columbia.
(b) Projects.--
(1) In general.--The Secretary shall carry out
highway use tax evasion projects in accordance with
this subsection.
[(2) Funding.--
[(A) In general.--From administrative funds
made available under section 104(a), the
Secretary shall deduct such sums as are
necessary, not to exceed 10,000,000 for each of
fiscal years 2013 and 2014, to carry out this
section.]
(A) In general.--From administrative funds
made available under section 104(a), the
Secretary shall deduct such sums as are
necessary, not to exceed $4,000,000 for each
fiscal year, to carry out this section.
* * * * * * *
Sec. 144. National bridge and tunnel inventory and inspection standards
(a) Findings and Declarations.--
(1) Findings.--Congress finds that--
(A) the condition of the bridges of the
United States has improved since the date of
enactment of the Transportation Equity Act for
the 21st Century (Public Law 105-178; 112 Stat.
107), yet continued improvement to bridge
conditions is essential to protect the safety
of the traveling public and allow for the
efficient movement of people and goods on which
the economy of the United States relies; and
(B) the systematic preventative maintenance
of bridges, and replacement and rehabilitation
of [deficient] bridges, should be undertaken
through an overall asset management approach to
transportation investment.
(2) Declarations.--Congress declares that it is in
the vital interest of the United States--
(A) to inventory, inspect, and improve the
condition of the highway bridges and tunnels of
the United States;
(B) to use a data-driven, risk-based approach
and cost-effective strategy for systematic
preventative maintenance, replacement, and
rehabilitation of highway bridges and tunnels
to ensure safety and extended service life;
(C) to use performance-based bridge
management systems to assist States in making
timely investments;
(D) to ensure accountability and link
performance outcomes to investment decisions;
and
(E) to ensure connectivity and access for
residents of rural areas of the United States
through strategic investments in National
Highway System bridges and bridges on all
public roads.
(b) National Bridge and Tunnel Inventories.--The Secretary,
in consultation with the States and Federal agencies with
jurisdiction over highway bridges and tunnels, shall--
(1) inventory all highway bridges on public roads, on
and off Federal-aid highways, including tribally owned
and Federally owned bridges, that are bridges over
waterways, other topographical barriers, other
highways, and railroads;
(2) inventory all tunnels on public roads, on and off
Federal-aid highways, including tribally owned and
Federally owned tunnels;
(3) classify the bridges according to serviceability,
safety, and essentiality for public use, including the
potential impacts to emergency evacuation routes and to
regional and national freight and passenger mobility if
the serviceability of the bridge is restricted or
diminished;
(4) based on that classification, assign each a risk-
based priority for systematic preventative maintenance,
replacement, or rehabilitation; and
(5) determine the cost of replacing [each
structurally deficient bridge] each bridge in poor
condition identified under this subsection with a
comparable facility or the cost of rehabilitating the
bridge.
(c) General Bridge Authority.--
(1) In general.--Except as provided in paragraph (2)
and notwithstanding any other provision of law, the
General Bridge Act of 1946 (33 U.S.C. 525 et seq.)
shall apply to bridges authorized to be replaced, in
whole or in part, by this title.
(2) Exception.--Section 502(b) of the General Bridge
Act of 1946 (33 U.S.C. 525(b)) and section 9 of the Act
of March 3, 1899 (33 U.S.C. 401), shall not apply to
any bridge constructed, reconstructed, rehabilitated,
or replaced with assistance under this title, if the
bridge is over waters that--
(A) are not used and are not susceptible to
use in [the natural condition of the bridge]
the natural condition of the water or by
reasonable improvement as a means to transport
interstate or foreign commerce; and
* * * * * * *
(h) National Bridge and Tunnel Inspection Standards.--
(1) Requirement.--
(A) In general.--The Secretary shall
establish and maintain inspection standards for
the proper inspection and evaluation of all
highway bridges and tunnels for safety and
serviceability.
(B) Uniformity.--The standards under this
subsection shall be designed to ensure
uniformity of the inspections and evaluations.
(2) Minimum requirements of inspection standards.--
The standards established under paragraph (1) shall, at
a minimum--
(A) specify, in detail, the method by which
the inspections shall be carried out by the
States, Federal agencies, and tribal
governments;
(B) establish the maximum time period between
inspections;
(C) establish the qualifications for those
charged with carrying out the inspections;
(D) require each State, Federal agency, and
tribal government to maintain and make
available to the Secretary on request--
(i) written reports on the results of
highway bridge and tunnel inspections
and notations of any action taken
pursuant to the findings of the
inspections; and
(ii) current inventory data for all
highway bridges and tunnels reflecting
the findings of the most recent highway
bridge and tunnel inspections
conducted; and
(E) establish a procedure for national
certification of highway bridge inspectors and
tunnel inspectors.
(3) State compliance with inspection standards.--The
Secretary shall, at a minimum--
(A) establish, in consultation with the
States, Federal agencies, and interested and
knowledgeable private organizations and
individuals, procedures to conduct reviews of
State compliance with--
(i) the standards established under
this subsection; and
(ii) the calculation or reevaluation
of bridge load ratings; and
(B) establish, in consultation with the
States, Federal agencies, and interested and
knowledgeable private organizations and
individuals, procedures for States to follow in
reporting to the Secretary--
(i) critical findings relating to
structural or safety-related
deficiencies of highway bridges and
tunnels; and (ii) monitoring activities
and corrective actions taken in
response to a critical finding
described in clause (i).
(4) Reviews of State compliance.--
(A) In general.--The Secretary shall annually
review State compliance with the standards
established under this section.
(B) Noncompliance.--If an annual review in
accordance with subparagraph (A) identifies
noncompliance by a State, the Secretary shall--
(i) issue a report detailing the
issues of the noncompliance by December
31 of the calendar year in which the
review was made; and
(ii) provide the State an opportunity
to address the noncompliance by--
(I) developing a corrective
action plan to remedy the
noncompliance; or
(II) resolving the issues of
noncompliance not later than 45
days after the date of
notification.
(5) Penalty for noncompliance.--
(A) In general.--If a State fails to satisfy
the requirements of paragraph (4)(B) by August
1 of the calendar year following the year of a
finding of noncompliance, the Secretary shall,
on October 1 of that year, and each year
thereafter as may be necessary, require the
State to dedicate funds apportioned to the
State under sections 119 and 133 after the date
of enactment of the MAP-21 to correct the
noncompliance with the minimum inspection
standards established under this subsection.
(B) Amount.--The amount of the funds to be
directed to correcting noncompliance in
accordance with subparagraph (A) shall--
(i) be determined by the State based
on an analysis of the actions needed to
address the noncompliance; and
(ii) require approval by the
Secretary.
(6) Bridges requiring closure or load restrictions.--
(A) Bridges owned by federal agencies or
tribal governments.--If a Federal agency or
tribal government fails to ensure that any
highway bridge that is open to public travel
and located in the jurisdiction of the Federal
agency or tribal government is properly closed
or restricted to loads that the bridge can
carry safely, the Secretary--
(i) shall, on learning of the need to
close or restrict loads on the bridge,
require the Federal agency or tribal
government to take action necessary--
(I) to close the bridge
within 48 hours; or
(II) within 30 days, to
restrict public travel on the
bridge to loads that the bridge
can carry safely; and
(ii) may, if the Federal agency or
tribal government fails to take action
required under clause (i), withhold all
funding authorized under this title for
the Federal agency or tribal
government.
(B) Other bridges.--If a State fails to
ensure that any highway bridge, other than a
bridge described in subparagraph (A), that is
open to public travel and is located within the
boundaries of the State is properly closed or
restricted to loads the bridge can carry
safely, the Secretary--
(i) shall, on learning of the need to
close or restrict loads on the bridge,
require the State to take action
necessary--
(I) to close the bridge
within 48 hours; or
(II) within 30 days, to
restrict public travel on the
bridge to loads that the bridge
can carry safely; and
(ii) may, if the State fails to take
action required under clause (i),
withhold approval for Federal-aid
projects in that State.
[(6)] (7) Update of standards.--Not later than 3
years after the date of enactment of the MAP-21, the
Secretary shall update inspection standards to cover--
(A) the methodology, training, and
qualifications for inspectors; and
(B) the frequency of inspection.
[(7)] (8) Risk-based approach.--In carrying out the
revisions required by paragraph[ (6)] (7), the
Secretary shall consider a risk-based approach to
determining the frequency of bridge inspections.
(i) Training Program for Bridge and Tunnel Inspectors.--
(1) In general.--The Secretary, in cooperation with
the State transportation departments, shall maintain a
program designed to train appropriate personnel to
carry out highway bridge and tunnel inspections.
(2) Revisions.--The training program shall be revised
from time to time to take into account new and improved
techniques.
(j) Bundling of Bridge Projects.--
(1) Purpose.--The purpose of this subsection is to
save costs and time by encouraging States to bundle
multiple bridge projects as 1 project.
(2) Definition of eligible entity.--In this
subsection, the term `eligible entity' means an entity
eligible to carry out a bridge project under section
119 or 133.
(3) Bundling of bridge projects.--An eligible entity
may bundle 2 or more similar bridge projects that are--
(A) eligible projects under section 119 or
133;
(B) included as a bundled project in a
transportation improvement program under
section 134(j) or a statewide transportation
improvement program under section 135, as
applicable; and
(C) awarded to a single contractor or
consultant pursuant to a contract for
engineering and design or construction between
the contractor and an eligible entity.
(4) Itemization.--Notwithstanding any other provision
of law (including regulations), an eligible bridge
project included in a bundle under this subsection may
be listed as--
(A) 1 project for purposes of sections 134
and 135; and
(B) a single project within the applicable
bundle.
(5) Financial characteristics.--Projects bundled
under this subsection shall have the same financial
characteristics, including--
(A) the same funding category or subcategory;
and
(B) the same Federal share.
[(j)] (k) Availability of Funds.--In carrying out this
section--
(1) the Secretary may use funds made available to the
Secretary under sections 104(a) and 503;
(2) a State may use amounts apportioned to the State
under section 104(b)(1) and [104(b)(3)] (104(b)(2);
(3) an Indian tribe may use funds made available to
the Indian tribe under section 202; and
(4) a Federal agency may use funds made available to
the agency under section 503.
* * * * * * *
Sec. 147. Construction of ferry boats and ferry terminal facilities
(a) [In General Program.--The Secretary shall carry out a
program for construction of ferry boats and ferry terminal
facilities in accordance with section 129(c).
* * * * * * *
[(d) Formula.--Of the amounts allocated pursuant to
subsection (c)--
[(1) 20 percent shall be allocated among eligible
entities in the proportion that--
[(A) the number of ferry passengers carried
by each ferry system in the most recent fiscal
year; bears to
[(B) the number of ferry passengers carried
by all ferry systems in the most recent fiscal
year;
[(2) 45 percent shall be allocated among eligible
entities in the proportion that--
[(A) the number of vehicles carried by each
ferry system in the most recent fiscal year;
bears to
[(B) the number of vehicles carried by all
ferry systems in the most recent fiscal year;
and
[(3) 35 percent shall be allocated among eligible
entities in the proportion that--
[(A) the total route miles serviced by each
ferry system; bears to
[(B) the total route miles serviced by all
ferry systems.
[(e) Authorization of Appropriations.--There is authorized to
be appropriated out of the Highway Trust Fund (other than the
Mass Transit Account) to carry out this section $67,000,000 for
each of fiscal years 2013 and 2014.
[(f) Period of Availability.--Notwithstanding section 118(b),
funds made available to carry out this section shall remain
available until expended.
[(g) Applicability.--All provisions of this chapter that are
applicable to the National Highway System, other than
provisions relating to apportionment formula and Federal share,
shall apply to funds made available to carry out this section,
except as determined by the Secretary to be inconsistent with
this section.]
(d) Formula.--Of the amounts allocated under subsection (c)--
(1) 35 percent shall be allocated among eligible
entities in the proportion that--
(A) the number of ferry passengers, including
passengers in vehicles, carried by each ferry
system in the most recent calendar year for
which data is available; bears to
(B) the number of ferry passengers, including
passengers in vehicles, carried by all ferry
systems in the most recent calendar year for
which data is available;
(2) 35 percent shall be allocated among eligible
entities in the proportion that--
(A) the number of vehicles carried by each
ferry system in the most recent calendar year
for which data is available; bears to
(B) the number of vehicles carried by all
ferry systems in the most recent calendar year
for which data is available; and
(3) 30 percent shall be allocated among eligible
entities in the proportion that--
(A) the total route nautical miles serviced
by each ferry system in the most recent
calendar year for which data is available;
bears to
(B) the total route nautical miles serviced
by all ferry systems in the most recent
calendar year for which data is available.
(e) Redistribution of Unobligated Amounts.--The Secretary
shall--
(1) withdraw amounts allocated to an eligible entity
under subsection (c) that remain unobligated by the end
of the third fiscal year following the fiscal year for
which the amounts were allocated; and
(2) in the subsequent fiscal year, redistribute the
funds referred to in paragraph (1) in accordance with
the formula under subsection (d) among eligible
entities for which no amounts were withdrawn under
paragraph (1).
(f) Minimum Amount.--Notwithstanding subsection (c), a State
with an eligible entity that meets the requirements of this
section shall receive not less than $100,000 under this section
for a fiscal year.
(g) Implementation.--
(1) Data collection.--
(A) National ferry database.--Amounts made
available for a fiscal year under this section
shall be allocated using the most recent data
available, as collected and imputed in
accordance with the national ferry database
established under section 1801(e) of SAFETEA-LU
(23 U.S.C. 129 note; 119 Stat. 1456).
(B) Eligibility for funding.--To be eligible
to receive funds under subsection (c), data
shall have been submitted in the most recent
collection of data for the national ferry
database under section 1801(e) of SAFETEA-LU
(23 U.S.C. 129 note; 119 Stat. 1456) for at
least 1 ferry service within the State.
(2) Adjustments.--On review of the data submitted
under paragraph (1)(B), the Secretary may make
adjustments to the data as the Secretary determines
necessary to correct misreported or inconsistent data.
(h) Authorization of Appropriations.--There is authorized to
be appropriated out of the Highway Trust Fund (other than the
Mass Transit Account) to carry out this section $75,000,000 for
each of fiscal years 2016 through 2021.
(i) Period of Availability.--Notwithstanding section 118(b),
funds made available to carry out this section shall remain
available until expended.
(j) Applicability.--All provisions of this chapter that are
applicable to the National Highway System, other than
provisions relating to apportionment formula and Federal share,
shall apply to funds made available to carry out this section,
except as determined by the Secretary to be inconsistent with
this section.
Sec. 148. Highway safety improvement program
(a) Definitions.--In this section, the following definitions
apply:
(1) High risk rural road.--The term ``high risk rural
road'' means any roadway functionally classified as a
rural major or minor collector or a rural local road
with significant safety risks, as defined by a State in
accordance with an updated State strategic highway
safety plan.
(2) Highway basemap.--The term ``highway basemap''
means a representation of all public roads that can be
used to geolocate attribute data on a roadway.
(3) Highway safety improvement program.--The term
``highway safety improvement program'' means projects,
activities, plans, and reports carried out under this
section.
(4) Highway safety improvement project.--
(A) In general.--The term ``highway safety
improvement project'' means strategies,
activities, and projects on a public road that
are consistent with a State strategic highway
safety plan and--
(i) correct or improve a hazardous
road location or feature; or
(ii) address a highway safety
problem.
(B) Inclusions.--The term ``highway safety
improvement project'' [includes, but is not
limited to,] only includes a project for 1 or
more of the following:
(i) An intersection safety
improvement.
* * * * * * *
(xxv) Installation of vehicle-to-
infrastructure communication equipment.
(xxvi) Pedestrian hybrid beacons.
(xxvii) Roadway improvements that
provide separation between pedestrians
and motor vehicles, including medians
and pedestrian crossing islands.
(xxviii) An infrastructure safety
project not described in clauses (i)
through (xxvii).
* * * * * * *
[(10) Safety project under any other section.--
[(A) In general.--The term ``safety project
under any other section'' means a project
carried out for the purpose of safety under any
other section of this title.
[(B) Inclusion.--The term ``safety project
under any other section'' includes--
[(i) a project consistent with the
State strategic highway safety plan
that promotes the awareness of the
public and educates the public
concerning highway safety matters
(including motorcycle safety);
[(ii) a project to enforce highway
safety laws; and
[(iii) a project to provide
infrastructure and infrastructure-
related equipment to support emergency
services.]
[(11)] (10) State highway safety improvement
program.--The term ``State highway safety improvement
program'' means a program of highway safety improvement
projects, activities, plans and reports carried out as
part of the Statewide transportation improvement
program under section 135(g).
[(12)] (11) State strategic highway safety plan.--The
term ``State strategic highway safety plan'' means a
comprehensive plan, based on safety data, developed by
a State transportation department that--
(A) is developed after consultation with--
(i) a highway safety representative
of the Governor of the State;
(ii) regional transportation planning
organizations and metropolitan planning
organizations, if any;
(iii) representatives of major modes
of transportation;
(iv) State and local traffic
enforcement officials;
(v) a highway-rail grade crossing
safety representative of the Governor
of the State;
(vi) representatives conducting a
motor carrier safety program under
section 31102, 31106, or 31309 of title
49;
(vii) motor vehicle administration
agencies;
(viii) county transportation
officials;
(ix) State representatives of
nonmotorized users; and
(x) other major Federal, State,
tribal, and local safety stakeholders;
(B) analyzes and makes effective use of
State, regional, local, or tribal safety data;
(C) addresses engineering, management,
operation, education, enforcement, and
emergency services elements (including
integrated, interoperable emergency
communications) of highway safety as key
factors in evaluating highway projects;
(D) considers safety needs of, and high-
fatality segments of, all public roads,
including non-State-owned public roads and
roads on tribal land;
(E) considers the results of State, regional,
or local transportation and highway safety
planning processes;
(F) describes a program of strategies to
reduce or eliminate safety hazards;
(G) is approved by the Governor of the State
or a responsible State agency;
(H) is consistent with section 135(g); and
(I) is updated and submitted to the Secretary
for approval as required under subsection
(d)(2).
[(13)] (12) Systemic safety improvement.--The term
``systemic safety improvement'' means an improvement
that is widely implemented based on high-risk roadway
features that are correlated with particular crash
types, rather than crash frequency.
* * * * * * *
(c) Eligibility.--
(1) In general.--To obligate funds apportioned under
section 104(b)(3) to carry out this section, a State
shall have in effect a State highway safety improvement
program under which the State--
(A) develops, implements, and updates a State
strategic highway safety plan that identifies
and analyzes highway safety problems and
opportunities as provided in [subsections
(a)(12)] subsection (a)(11) and (d);
* * * * * * *
(d) Updates to Strategic Highway Safety Plans.--
(1) Establishment of requirements.--
(A) In general.--Not later than 1 year after
the date of enactment of the MAP-21, the
Secretary shall establish requirements for
regularly recurring State updates of strategic
highway safety plans.
(B) Contents of updated strategic highway
safety plans.--In establishing requirements
under this subsection, the Secretary shall
ensure that States take into consideration,
with respect to updated strategic highway
safety plans--
(i) the findings of road safety
audits;
(ii) the locations of fatalities and
serious injuries;
(iii) the locations that do not have
an empirical history of fatalities and
serious injuries, but possess risk
factors for potential crashes;
(iv) rural roads, including all
public roads, commensurate with
fatality data;
(v) motor vehicle crashes that
include fatalities or serious injuries
to pedestrians and bicyclists;
(vi) the cost-effectiveness of
improvements;
(vii) improvements to rail-highway
grade crossings; and
(viii) safety on all public roads,
including non-State-owned public roads
and roads on tribal land.
(2) Approval of updated strategic highway safety
plans.--
(A) In general.--Each State shall--
(i) update the strategic highway
safety plans of the State in accordance
with the requirements established by
the Secretary under this subsection;
and
(ii) submit the updated plans to the
Secretary, along with a detailed
description of the process used to
update the plan.
(B) Requirements for approval.--The Secretary
shall not approve the process for an updated
strategic highway safety plan unless--
(i) the updated strategic highway
safety plan is consistent with the
requirements of this subsection and
[subsection (a)(12)] subsection
(a)(11); and
* * * * * * *
(g) Special Rules.--
(1) High-risk rural road safety.--If the fatality
rate on rural roads in a State [increases] does not
decrease over the most recent 2-year period for which
data are available, and exceeds the national fatality
rate on rural roads, that State shall be required to
obligate in the next fiscal year for projects on high
risk rural roads an amount equal to at least 200
percent of the amount of funds the State received for
fiscal year 2009 for high risk rural roads under
subsection (f) of this section, as in effect on the day
before the date of enactment of the MAP-21.
* * * * * * *
(i) State Performance Targets.--If the Secretary determines
that a State has not met or made significant progress toward
meeting the [performance targets of the State established under
section 150(d) by the date that is 2 years after the date of
the establishment of the performance targets] safety
performance targets of the State established under section
150(d), the State shall--
(1) use obligation authority equal to the
apportionment of the State for the prior year under
section 104(b)(3) only for highway safety improvement
projects under this section until the Secretary
determines that the State has met or made significant
progress toward meeting the safetyperformance targets
of the State; and
(2) submit annually to the Secretary, until the
Secretary determines that the State has met or made
significant progress toward meeting the
safetyperformance targets of the State, an
implementation plan that--
(A) identifies roadway features that
constitute a hazard to road users;
(B) identifies highway safety improvement
projects on the basis of crash experience,
crash potential, or other data-supported means;
(C) describes how highway safety improvement
program funds will be allocated, including
projects, activities, and strategies to be
implemented;
(D) describes how the proposed projects,
activities, and strategies funded under the
State highway safety improvement program will
allow the State to make progress toward
achieving the safety performance targets of the
State; and
(E) describes the actions the State will
undertake to meet the performance targets of
the State.
* * * * * * *
(k) Data Collection on Unpaved Public Roads.--
(1) In general.--A State may elect not to collect
fundamental data elements for the model inventory of
roadway elements on public roads that are gravel roads
or otherwise unpaved if--
(A)(i) more than 45 percent of the public
roads in the State are gravel roads or
otherwise unpaved; and
(ii) less than 10 percent of fatalities in
the State occur on those unpaved public roads;
or
(B)(i) more than 70 percent of the public
roads in the State are gravel roads or
otherwise unpaved; and
(ii) less than 25 percent of fatalities in
the State occur on those unpaved public roads.
(2) Calculation.--The percentages described in
paragraph (1) shall be based on the average for the 5
most recent years for which relevant data is available.
(3) Use of funds.--If a State elects not to collect
data on a road described in paragraph (1), the State
shall not use funds provided to carry out this section
for a project on that road until the State completes a
collection of the required model inventory of roadway
elements for the road.
Sec. 149. Congestion mitigation and air quality improvement program
(a) Establishment.--The Secretary shall establish and
implement a congestion mitigation and air quality improvement
program in accordance with this section.
(b) Eligible Projects.--Except as provided in subsection (d),
a State may obligate funds apportioned to it under section
104(b)(4) for the congestion mitigation and air quality
improvement program only for a transportation project or
program if the project or program is for an area in the State
that is or was designated as a nonattainment area for ozone,
carbon monoxide, or particulate matter under section 107(d) of
the Clean Air Act (42 U.S.C. 7407(d)) and classified pursuant
to section 181(a), 186(a), 188(a), or 188(b) of the Clean Air
Act (42 U.S.C. 7511(a), 7512(a), 7513(a), or 7513(b)) or is or
was designated as a nonattainment area under such section
107(d) after December 31, 1997, or is required to prepare, and
file with the Administrator of the Environmental Protection
Agency, maintenance plans under the Clean Air Act (42 U.S.C.
7401 et seq.) and--
(1)(A)(i) if the Secretary, after consultation with
the Administrator determines, on the basis of
information published by the Environmental Protection
Agency pursuant to section 108(f)(1)(A) of the Clean
Air Act (other than clause (xvi)) that the project or
program is likely to contribute to--
(I) the attainment of a national ambient air
quality standard in the designated
nonattainment area; or
(II) the maintenance of a national ambient
air quality standard in a maintenance area; and
(ii) a high level of effectiveness in reducing air
pollution, in cases of projects or programs where
sufficient information is available in the database
established pursuant to subsection (h) to determine the
relative effectiveness of such projects or programs;
or,
(B) in any case in which such information is not
available, if the Secretary, after such consultation,
determines that the project or program is part of a
program, method, or strategy described in such section
108(f)(1)(A);
(2) if the project or program is included in a State
implementation plan that has been approved pursuant to
the Clean Air Act and the project will have air quality
benefits;
(3) the Secretary, after consultation with the
Administrator of the Environmental Protection Agency,
determines that the project or program is likely to
contribute to the attainment or maintenance of a
national ambient air quality standard, whether through
reductions in vehicle miles traveled, fuel consumption,
or through other factors;
(4) to establish or operate a traffic monitoring,
management, and control facility or program if the
Secretary, after consultation with the Administrator of
the Environmental Protection Agency, determines that
the facility or program, including advanced truck stop
electrification systems, is likely to contribute to the
[attainment of] attainment or maintenance of the area
of a national ambient air quality standard;
(5) if the program or project improves traffic flow,
including projects to improve signalization, construct
high occupancy vehicle lanes, improve intersections,
add turning lanes, improve transportation systems
management and operations that mitigate congestion and
improve air quality, and implement intelligent
transportation system strategies and such other
projects that are eligible for assistance under this
section on the day before the date of enactment of this
paragraph, including programs or projects to improve
incident and emergency response or improve mobility,
such as through real-time traffic, transit, and
multimodal traveler information;
(6) if the project or program involves the purchase
of integrated, interoperable emergency communications
equipment;
(7) if the project or program shifts traffic demand
to nonpeak hours or other transportation modes,
increases vehicle occupancy rates, or otherwise reduces
demand for roads through such means as telecommuting,
ridesharing, carsharing, alternative work hours, and
pricing; or
(8) if the project or program is for--
(A) the purchase of diesel retrofits that
are--
(i) for motor vehicles (as defined in
section 216 of the Clean Air Act (42
U.S.C. 7550)); or
(ii) verified technologies (as
defined in section 791 of the Energy
Policy Act of 2005 (42 U.S.C. 16131))
for non-road vehicles and non-road
engines (as defined in section 216 of
the Clean Air Act (42 U.S.C. 7550))
that are used in construction projects
or port-related freight operations that
are--
(I) located in nonattainment
or maintenance areas for ozone,
PM10, or
PM2.5 (as defined
under the Clean Air Act (42
U.S.C. 7401 et seq.)); and
(II) funded, in whole or in
part, under this title or
chapter 53 of title 49; or
(B) the conduct of outreach activities that
are designed to provide information and
technical assistance to the owners and
operators of diesel equipment and vehicles
regarding the purchase and installation of
diesel retrofits.
(c) Special Rules.--
(1) Projects for PM-10 nonattainment areas.--A State
may obligate funds apportioned to the State under
section 104(b)(4) for a project or program for an area
that is nonattainment for ozone or carbon monoxide, or
both, and for PM-10 resulting from transportation
activities, without regard to any limitation of the
Department of Transportation relating to the type of
ambient air quality standard such project or program
addresses.
(2) Electric vehicle and natural gas vehicle
infrastructure.--A State may obligate funds apportioned
under section 104(b)(4) for a project or program to
establish electric vehicle charging stations or natural
gas vehicle refueling stations for the use of battery
powered or natural gas fueled trucks or other motor
vehicles at any location in the State (giving priority
to corridors designated under section 151) except that
such stations may not be established or supported where
commercial establishments serving motor vehicle users
are prohibited by section 111 of title 23, United
States Code.
(3) HOV facilities.--No funds may be provided under
this section for a project which will result in the
construction of new capacity available to single
occupant vehicles unless the project consists of a high
occupancy vehicle facility available to single occupant
vehicles only at other than peak travel times.
(d) States Flexibility.--
(1) States without a nonattainment area.--If a State
does not have, and never has had, a nonattainment area
designated under the Clean Air Act (42 U.S.C. 7401 et
seq.), the State may use funds apportioned to the State
under section 104(b)(4) for any project in the State
that--
(A) would otherwise be eligible under
subsection (b) as if the project were carried
out in a nonattainment or maintenance area; or
(B) is eligible under the surface
transportation program under section 133.
(2) States with a nonattainment area.--
(A) In general.--If a State has a
nonattainment area or maintenance area and
received funds in fiscal year 2009 under
section 104(b)(2)(D), as in effect on the day
before the date of enactment of the MAP-21,
above the amount of funds that the State would
have received based on the nonattainment and
maintenance area population of the State under
subparagraphs (B) and (C) of section 104(b)(2),
as in effect on the day before the date of
enactment of the MAP-21, the State may use for
any project that would otherwise be eligible
under subsection (b) if the project were
carried out in a nonattainment or maintenance
area or is eligible under the surface
transportation program under section 133 an
amount of funds apportioned to such State under
section 104(b)(4) that is equal to the product
obtained by multiplying--
(i) the amount apportioned to such
State under section 104(b)(4)
[(excluding the amount of funds
reserved under paragraph (l))]; by
(ii) the ratio calculated under
subparagraph (B).
(B) Ratio.--For purposes of this paragraph,
the ratio shall be calculated as the proportion
that--
(i) the amount for fiscal year 2009
such State was permitted by section
149(c)(2), as in effect on the day
before the date of enactment of the
MAP-21, to obligate in any area of the
State for projects eligible under
section 133, as in effect on the day
before the date of enactment of the
[MAP-21t] MAP-21;\12\ bears to
---------------------------------------------------------------------------
\12\So in original. Probably should be MAP-21;".
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(ii) the total apportionment to such
State for fiscal year 2009 under
section 104(b)(2), as in effect on the
day before the date of enactment of the
MAP-21.
(3) Changes in designation.--If a new nonattainment
area is designated or a previously designated
nonattainment area is redesignated as an attainment
area in a State under the Clean Air Act (42 U.S.C. 7401
et seq.), the Secretary shall modify , in a manner
consistent with the approach that was in effect on the
day before the date of enactment of MAP-21, the amount
such State is permitted to obligate in any area of the
State for projects eligible under section 133.
* * * * * * *
(g) Cost-Effective Emission Reduction Guidance.--
(1) Definitions.--In this subsection, the following
definitions apply:
(A) Administrator.--The term
``Administrator'' means the Administrator of
the Environmental Protection Agency.
(B) Diesel retrofit.--The term ``diesel
retrofit'' means a replacement, repowering,
rebuilding, after treatment, or other
technology, as determined by the Administrator.
(2) Emission reduction guidance.--The Administrator,
in consultation with the Secretary, shall publish a
list of diesel retrofit technologies and supporting
technical information for--
(A) diesel emission reduction technologies
certified or verified by the Administrator, the
California Air Resources Board, or any other
entity recognized by the Administrator for the
same purpose;
(B) diesel emission reduction technologies
identified by the Administrator as having an
application and approvable test plan for
verification by the Administrator or the
California Air Resources Board that is
submitted [not later that] not later than 18
months of the date of enactment of this
subsection;
(C) available information regarding the
emission reduction effectiveness and cost
effectiveness of technologies identified in
this paragraph, taking into consideration air
quality and health effects.
(3) Priority consideration.--[States and
metropolitan]
(A) In general.--States and metropolitan;
planning organizations shall give priority in
areas designated as nonattainment or
maintenance for PM2.5 under the Clean Air Act
(42 U.S.C. 7401 et seq.) in distributing funds
received for congestion mitigation and air
quality projects and programs from
apportionments under section 104(b)(4) to
projects that [are proven to reduce] reduce
directly emitted PM2.5, including diesel
retrofits.
(B) Use of priority funding.--To the maximum
extent practicable, PM2.5 priority funding
shall be used on the most cost-effective
projects and programs that are proven to reduce
directly emitted fine particulate matter.
* * * * * * *
(k) Priority for Use of Funds in PM2.5 Areas.--
(1) In general.--For any State [that has a
nonattainment or maintenance area] that has 1 or more
nonattainment or maintenance areas for fine particulate
matter, an amount equal to 25 percent of the funds
apportioned to each State under section 104(b)(4) for a
[nonattainment or maintenance area that are] the
nonattainment or maintenance areas that are based all
or in part on the weighted population of [such area]
such areas in fine particulate matter nonattainment
shall be obligated to projects that reduce [such fine
particulate] directly-emitted fine particulate matter
emissions in [such area] such areas, including diesel
retrofits.
(2) Construction equipment and vehicles.--In order to
meet the requirements of paragraph (1), a State or
metropolitan planning organization may elect to
obligate funds to install diesel emission control
technology on nonroad diesel equipment or on-road
diesel equipment that is operated on a [highway
construction] transportation construction project
within a PM2.5 nonattainment or maintenance area.
(3) Pm2.5 nonattainment and maintenance in low
population density states.--
(A) Exception.--In any State with a
population density of [75] 80 or fewer persons
per square mile of land area, based on the most
recent decennial census, the requirements under
subsection (g)(3) and paragraphs (1) and (2) of
this subsection shall not apply to a
nonattainment or maintenance area in the State
if--
(i) the nonattainment or maintenance
area does not have projects that are
part of the emissions analysis of a
metropolitan transportation plan or
transportation improvement program; and
(ii) regional motor vehicle emissions
are an insignificant contributor to the
air quality problem for PM2.5 in the
nonattainment or maintenance area.
(B) Calculation.--If subparagraph (A) applies
to a nonattainment or maintenance area in a
State, the percentage of the PM2.5 set-aside
under paragraph (1) shall be reduced for that
State proportionately based on the weighted
population of the area in fine particulate
matter nonattainment.
(4) Port-related equipment and vehicles.--To meet the
requirements under paragraph (1), a State or
metropolitan planning organization may elect to
obligate funds to the most cost-effective projects to
reduce emissions from port-related landside nonroad or
on-road equipment that is operated within the
boundaries of a PM2.5 nonattainment or maintenance
area.
(l) Performance Plan.--
(1) In general.--Each metropolitan planning
organization serving a transportation management area
(as defined in section 134) with a population over
1,000,000 people representing a nonattainment or
maintenance area shall develop a performance plan
that--
(A) includes an area baseline level for
traffic congestion and on-road mobile source
emissions for which the area is in
nonattainment or maintenance;
(B) describes progress made in achieving the
air quality and traffic congestion performance
targets described in section 150(d); and
(C) includes a description of projects
identified for funding under this section and
how such projects will contribute to achieving
emission and traffic congestion reduction
targets.
(2) Updated plans.--Performance plans shall be
updated biennially and include a separate report that
assesses the progress of the program of projects under
the previous plan in achieving the air quality and
traffic congestion targets of the previous plan.
(m) Operating Assistance.--A State may obligate funds
apportioned under section [104(b)(2)] section 104(b)(4) in an
area of such State that is otherwise eligible for obligations
of such funds for operating costs under chapter 53 of title 49
or on a system for which CMAQ funding was made available,
obligated or expended in fiscal year 2012, and shall have no
imposed time limitation.
* * * * * * *
Sec. 150. National goals and performance management measures
(a) Declaration of Policy.--Performance management will
transform the Federal-aid highway program and provide a means
to the most efficient investment of Federal transportation
funds by refocusing on national transportation goals,
increasing the accountability and transparency of the Federal-
aid highway program, and improving project decisionmaking
through performance-based planning and programming.
(b) National Goals.--It is in the interest of the United
States to focus the Federal-aid highway program on the
following national goals:
(1) Safety.--* * *
* * * * * * *
(c) Establishment of Performance Measures.--
(1) In general.--Not later than 18 months after the
date of enactment of the MAP-21, the Secretary, in
consultation with State departments of transportation,
metropolitan planning organizations, and other
stakeholders, shall promulgate a rulemaking that
establishes performance measures and standards.
(2) Administration.--In carrying out paragraph (1),
the Secretary shall--
(A) provide States, metropolitan planning
organizations, and other stakeholders not less
than 90 days to comment on any regulation
proposed by the Secretary under that paragraph;
(B) take into consideration any comments
relating to a proposed regulation received
during that comment period; and
(C) limit performance measures only to those
described in this subsection.
(3) National highway performance program.--
(A) In general.--Subject to subparagraph (B),
for the purpose of carrying out section 119,
the Secretary shall establish--
(i) minimum standards for States to
use in developing and operating bridge
and pavement management systems;
(ii) measures for States to use to
assess--
(I) the condition of
pavements on the Interstate
system;
(II) the condition of
pavements on the National
Highway System (excluding the
Interstate);
(III) the condition of
bridges on the National Highway
System;
(IV) the performance of the
Interstate System; and
(V) the performance of the
National Highway System
(excluding the Interstate
System);
(iii) minimum levels for the
condition of pavement on the Interstate
System, only for the purposes of
carrying out section 119(f)(1); and
(iv) the data elements that are
necessary to collect and maintain
standardized data to carry out a
performance-based approach.
(B) Regions.--In establishing minimum
condition levels under subparagraph (A)(iii),
if the Secretary determines that various
geographic regions of the United States
experience disparate factors contributing to
the condition of pavement on the Interstate
System in those regions, the Secretary may
establish different minimum levels for each
region[;] .
* * * * * * *
Sec. 151. National electric vehicle charging and natural gas fueling
corridors
(a) In General.--Not later than 1 year after the date of
enactment of the DRIVE Act, the Secretary shall designate
national electric vehicle charging and natural gas fueling
corridors that identify the near- and long-term need for, and
location of, electric vehicle charging infrastructure and
natural gas fueling infrastructure at strategic locations along
major national highways to improve the mobility of passenger
and commercial vehicles that employ electric and natural gas
fueling technologies across the United States.
(b) Designation of Corridors.--In designating the corridors
under subsection (a), the Secretary shall--
(1) solicit nominations from State and local
officials for facilities to be included in the
corridors;
(2) incorporate existing electric vehicle charging
and natural gas fueling corridors designated by a State
or group of States; and
(3) consider the demand for, and location of,
existing electric vehicle charging and natural gas
fueling infrastructure.
(c) Stakeholders.--In designating corridors under subsection
(a), the Secretary shall involve, on a voluntary basis,
stakeholders that include--
(1) the heads of other Federal agencies;
(2) State and local officials;
(3) representatives of--
(A) energy utilities;
(B) the electric and natural gas vehicle
industries;
(C) the freight and shipping industry;
(D) clean technology firms;
(E) the hospitality industry;
(F) the restaurant industry; and
(G) highway rest stop vendors; and
(4) such other stakeholders as the Secretary
determines to be necessary.
(d) Redesignation.--Not later than 5 years after the date of
establishment of the corridors under subsection (a), and every
5 years thereafter, the Secretary shall update and redesignate
the corridors.
(e) Report.--During designation and redesignation of the
corridors under this section, the Secretary shall issue a
report that--
(1) identifies electric vehicle charging and natural
gas fueling infrastructure and standardization needs
for electricity providers, natural gas providers,
infrastructure providers, vehicle manufacturers,
electricity purchasers, and natural gas purchasers; and
(2) establishes an aspirational goal of achieving
strategic deployment of electric vehicle charging and
natural gas fueling infrastructure in those corridors
by the end of fiscal year 2021.
* * * * * * *
Sec. 153. Use of safety belts and motorcycle helmets
(a) Authority To Make Grants.--The Secretary may make grants
to a State in a fiscal year in accordance with this section if
the State has in effect in such fiscal year--
(1) * * *
* * * * * * *
(h) Penalty.--
(1) Prior to fiscal year 2012.--If, at any time in a
fiscal year beginning after September 30, 1994, and
before October 1, 2011, a State does not have in effect
a law described in subsection (a)(2), the Secretary
shall transfer 3 percent of the funds apportioned to
the State for the succeeding fiscal year under each of
subsections (b)(1), (b)(2), and (b)(3) of section 104
of this title to the apportionment of the State under
section 402 of this title.
(2) Fiscal year 2012 and thereafter.--If, at any time
in a fiscal year beginning after September 30, 2011, a
State does not have in effect a law described in
subsection (a)(2), the Secretary shall transfer an
amount equal to 2 percent of the funds apportioned to
the State for the succeeding fiscal year under each of
[paragraphs (1) through (3)] paragraphs (1), (2), and
(4) of section 104(b) to the apportionment of the State
under section 402.
* * * * * * *
Sec. 163. Safety incentives to prevent operation of motor vehicles by
intoxicated persons
(a) General Authority.--* * *
(f) Authorization of Appropriations.--
(1) In general.--* * *
* * * * * * *
(2) Availability of funds.--Notwithstanding section
[118(b)(2)] 118(b), the funds authorized by this
subsection shall remain available until expended.
* * * * * * *
Sec. 164. Minimum penalties for repeat offenders for driving while
intoxicated or driving under the influence
(a) Definitions.--In this section, the following definitions
apply:
(1) Alcohol concentration.--The term ``alcohol
concentration'' means grams of alcohol per 100
milliliters of blood or grams of alcohol per 210 liters
of breath.
(2) Driving while intoxicated; driving under the
influence.--The terms ``driving while intoxicated'' and
``driving under the influence'' mean driving or being
in actual physical control of a motor vehicle while
having an alcohol concentration above the permitted
limit as established by each State.
(3) Motor vehicle.--The term ``motor vehicle'' means
a vehicle driven or drawn by mechanical power and
manufactured primarily for use on public highways, but
does not include a vehicle operated solely on a rail
line or a commercial vehicle.
(4) Repeat intoxicated driver law.--The term ``repeat
intoxicated driver law'' means a State law or
combination of laws that provides, as a minimum
penalty, that an individual convicted of a second or
subsequent offense for driving while intoxicated or
driving under the influence after a previous conviction
for that offense shall--
* * * * * * *
Sec. 165. Territorial and Puerto Rico highway program
(a) Division of Funds.--Of funds made available in a fiscal
year for the territorial and Puerto Rico highway program--
(1)* * *
* * * * * * *
(c) Territorial Highway Program.--
(1) Territory defined.--* * *
* * * * * * *
(7) Location of projects.--Territorial highway
program projects (other than those described in
[paragraphs (2), (4), (7), (8), (14), and (19)]
paragraphs (2), (4), (6), (7), and (14) of section
133(b)) may not be undertaken on roads functionally
classified as local.
* * * * * * *
Sec. 166. HOV facilities
(a) In General.--
(1) Authority of State agencies.--A State agency that
has jurisdiction over the operation of a HOV facility
shall establish the occupancy requirements of vehicles
operating on the facility.
(2) Occupancy requirement.--Except as otherwise
provided by this section, no fewer than two occupants
per vehicle may be required for use of a HOV facility.
(b) Exceptions.--
(1) In general.--Notwithstanding the occupancy
requirement of subsection (a)(2), the exceptions in
paragraphs (2) through (5) shall apply with respect to
a State agency operating a HOV facility.
(2) Motorcycles and bicycles.--
(A) In general.--Subject to subparagraph (B),
the State agency shall allow motorcycles and
bicycles to use the HOV facility.
(B) Safety exception.--
(i) In general.--A State agency may
restrict use of the HOV facility by
motorcycles or bicycles (or both) if
the agency certifies to the Secretary
that such use would create a safety
hazard and the Secretary accepts the
certification.
(ii) Acceptance of certification.--
The Secretary may accept a
certification under this subparagraph
only after the Secretary publishes
notice of the certification in the
Federal Register and provides an
opportunity for public comment.
(3) Public transportation vehicles.--The State agency
may allow public transportation vehicles to use the HOV
facility if the agency--
(A) establishes requirements for clearly
identifying the vehicles; and
(B) establishes procedures for enforcing the
restrictions on the use of the facility by the
vehicles.
[(4) High occupancy toll vehicles.--The State agency
may allow vehicles not otherwise exempt pursuant to
this subsection to use the HOV facility if the
operators of the vehicles pay a toll charged by the
agency for use of the facility and the agency--
[(A) establishes a program that addresses how
motorists can enroll and participate in the
toll program;
[(B) develops, manages, and maintains a
system that will automatically collect the
toll; and
[(C) establishes policies and procedures to--
[(i) manage the demand to use the
facility by varying the toll amount
that is charged; and
[(ii) enforce violations of use of
the facility.]
(4) High occupancy toll vehicles.--
(A) In general.--The State agency may allow
vehicles not otherwise exempt under this
subsection to use the HOV facility if the
operators of the vehicles pay a toll charged by
the agency for use of the facility and the
agency--
(i) establishes a program that
addresses how motorists can enroll and
participate in the toll program;
(ii) in the case of a high occupancy
vehicle facility that affects a
metropolitan area, submits to the
Secretary a written statement that the
metropolitan planning organization
designated under section 134 for the
area has been consulted concerning the
placement and amount of tolls on the
converted facility;
(iii) develops, manages, and
maintains a system that will
automatically collect the toll; and
(iv) establishes policies and
procedures--
(I) to manage the demand to
use the facility by varying the
toll amount that is charged;
(II) to enforce violations of
the use of the facility; and
(III) to ensure that private
motorcoaches that serve the
public are provided access to
the facility under the same
rates, terms, and conditions,
as public transportation buses
in the State.
(B) Exemption from tolls.--In levying a toll
on a facility under subparagraph (A), a State
agency may--
(i) designate classes of vehicles
that are exempt from the toll; and
(ii) charge different toll rates for
different classes of vehicles.
(5) Low emission and energy-efficient vehicles.--
[(A) Inherently low emission vehicle.--Before
September 30, 2017, the State agency may allow
vehicles that are certified as inherently low-
emission vehicles pursuant to section 88.311-93
of title 40, Code of Federal Regulations (or
successor regulations), and are labeled in
accordance with section 88.312-93 of such title
(or successor regulations), to use the HOV
facility if the agency establishes procedures
for enforcing the restrictions on the use of
the facility by the vehicles.]
(A) Inherently low emission vehicle.--If a
State agency establishes procedures for
enforcing the restrictions on the use of a HOV
facility by vehicles described in clauses (i)
and (ii), the State agency may allow the use of
the HOV facility by--
(i) alternative fuel vehicles; and
(ii) any motor vehicle described in
section 30D(d)(1) of the Internal
Revenue Code of 1986.
* * * * * * *
(c) Requirements Applicable to Tolls.--
(1) In general.--[Tolls] Notwithstanding section 301,
tolls may be charged under paragraphs (4) and (5) of
subsection (b) [notwithstanding section 301 and, except
as provided in paragraphs (2) and (3)], subject to the
requirements of section 129.
[(2) HOV facilities on the interstate system.--
Notwithstanding section 129, tolls may be charged under
paragraphs (4) and (5) of subsection (b) on a HOV
facility on the Interstate System.
[(3)] (2) Toll revenue.--Toll revenue collected under
this section is subject to the requirements of section
129(a)(3).]
(d) HOV Facility Management, Operation, Monitoring, and
Enforcement.--
(1) In general.--A State agency that allows vehicles
to use a HOV facility under paragraph (4) or (5) of
subsection (b) shall submit to the Secretary a report
demonstrating that the facility is not already
degraded, and that the presence of the vehicles will
not cause the facility to become degraded, and certify
to the Secretary that the agency will carry out the
following responsibilities with respect to the
facility:
(A) Establishing, managing, and supporting a
performance monitoring, evaluation, and
reporting program for the facility that
provides for continuous monitoring, assessment,
and reporting on the impacts that the vehicles
may have on the operation of the facility and
adjacent highways and submitting to the
Secretary annual reports of those impacts.
(B) Establishing, managing, and supporting an
enforcement program that ensures that the
facility is being operated in accordance with
the requirements of this section.
(C) Limiting or discontinuing the use of the
facility by the vehicles whenever the operation
of the facility is degraded.
[(D) Maintenance of operating performance.--
Not later than 180 days after the date on which
a facility is degraded pursuant to the standard
specified in paragraph (2), the State agency
with jurisdiction over the facility shall bring
the facility into compliance with the minimum
average operating speed performance standard
through changes to operation of the facility,
including--
[(i) increasing the occupancy
requirement for HOV lanes;
[(ii) varying the toll charged to
vehicles allowed under subsection (b)
to reduce demand;
[(iii) discontinuing allowing non-HOV
vehicles to use HOV lanes under
subsection (b); or
[(iv) increasing the available
capacity of the HOV facility.
[(E) Compliance.--If the State fails to bring
a facility into compliance under subparagraph
(D), the Secretary shall subject the State to
appropriate program sanctions under section
1.36 of title 23, Code of Federal Regulations
(or successor regulations), until the
performance is no longer degraded.]
(D) Maintenance of operating performance.--
(i) Submission of plan.--Not later
than 180 days after the date on which a
facility is degraded under paragraph
(2), the State agency with jurisdiction
over the facility shall submit to the
Secretary for approval a plan that
details the actions the State agency
will take to bring the facility into
compliance with the minimum average
operating speed performance standard
through changes to operation of the
facility, including--
(I) increasing the occupancy
requirement for HOV lanes;
(II) varying the toll charged
to vehicles allowed under
subsection (b) to reduce
demand;
(III) discontinuing allowing
non-HOV vehicles to use HOV
lanes under subsection (b); or
(IV) increasing the available
capacity of the HOV facility.
(ii) Notice of approval or
disapproval.--Not later than 60 days
after the date of receipt of a plan
under clause (i), the Secretary shall
provide to the State agency a written
notice indicating whether the Secretary
has approved or disapproved the plan
based on a determination of whether the
implementation of the plan will bring
the HOV facility into compliance.
(iii) Biannual progress updates.--
Until the date on which the Secretary
determines that the State agency has
brought the HOV facility into
compliance with this subsection, the
State agency shall submit biannual
updates that describe--
(I) the actions taken to
bring the HOV facility into
compliance; and
(II) the progress made by
those actions.
(E) Compliance.--The Secretary shall subject
the State to appropriate program sanctions
under section 1.36 of title 23, Code of Federal
Regulations (or successor regulations), until
the performance is no longer degraded, if--
(i) the State agency fails to submit
an approved action plan under
subparagraph (D) to bring a degraded
facility into compliance; or
(ii) after the State submits and the
Secretary approves an action plan under
subparagraph (D), the Secretary
determines that, on a date that is not
earlier than 1 year after the approval
of the action plan, the State agency is
not making significant progress toward
bringing the HOV facility into
compliance with the minimum average
operating speed performance standard.
* * * * * * *
Sec. [167. National freight policy
[(a) In General.--It is the policy of the United States to
improve the condition and performance of the national freight
network to ensure that the national freight network provides
the foundation for the United States to compete in the global
economy and achieve each goal described in subsection (b).
[(b) Goals.--The goals of the national freight policy are--
[(1) to invest in infrastructure improvements and to
implement operational improvements that--
(A) strengthen the contribution of the
national freight network to the economic
competitiveness of the United States;
[(B) reduce congestion; and
[(C) increase productivity, particularly for
domestic industries and businesses that create
high-value jobs;
[(2) to improve the safety, security, and resilience
of freight transportation;
[(3) to improve the state of good repair of the
national freight network;
[(4) to use advanced technology to improve the safety
and efficiency of the national freight network;
[(5) to incorporate concepts of performance,
innovation, competition, and accountability into the
operation and maintenance of the national freight
network; and\14\
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\14\So in original.
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[(6) to improve the economic efficiency of the
national freight network.\14\
[(7) to reduce the environmental impacts of freight
movement on the national freight network;\14\
[(c) Establishment of a National Freight Network.--
[(1) In general.--The Secretary shall establish a
national freight network in accordance with this
section to assist States in strategically directing
resources toward improved system performance for
efficient movement of freight on highways, including
national highway system, freight intermodal connectors
and aerotropolis transportation systems.
[(2) Network components.--The national freight
network shall consist of--
[(A) the primary freight network, as
designated by the Secretary under subsection
(d) (referred to in this section as the
``primary freight network'') as most critical
to the movement of freight;
[(B) the portions of the Interstate System
not designated as part of the primary freight
network; and
[(C) critical rural freight corridors
established under subsection (e).
[(d) Designation of Primary Freight Network.--
[(1) Initial designation of primary freight
network.--
[(A) Designation.--Not later than 1 year
after the date of enactment of this section,
the Secretary shall designate a primary freight
network--
[(i) based on an inventory of
national freight volume conducted by
the Administrator of the Federal
Highway Administration, in consultation
with stakeholders, including system
users, transport providers, and States;
and
[(ii) that shall be comprised of not
more than 27,000 centerline miles of
existing roadways that are most
critical to the movement of freight.
[(B) Factors for designation.--In designating
the primary freight network, the Secretary
shall consider--
[(i) the origins and destinations of
freight movement in the United States;
[(ii) the total freight tonnage and
value of freight moved by highways;
[(iii) the percentage of annual
average daily truck traffic in the
annual average daily traffic on
principal arterials;
[(iv) the annual average daily truck
traffic on principal arterials;
[(v) land and maritime ports of
entry;
[(vi) access to energy exploration,
development, installation, or
production areas;
[(vii) population centers; and
[(viii) network connectivity.
[(2) Additional miles on primary freight network.--In
addition to the miles initially designated under
paragraph (1), the Secretary may increase the number of
miles designated as part of the primary freight network
by not more than 3,000 additional centerline miles of
roadways (which may include existing or planned roads)
critical to future efficient movement of goods on the
primary freight network.
[(3) Redesignation of primary freight network.--
Effective beginning 10 years after the designation of
the primary freight network and every 10 years
thereafter, using the designation factors described in
paragraph (1), the Secretary shall redesignate the
primary freight network (including additional mileage
described in paragraph (2)).
[(e) Critical Rural Freight Corridors.--A State may designate
a road within the borders of the State as a critical rural
freight corridor if the road--
[(1) is a rural principal arterial roadway and has a
minimum of 25 percent of the annual average daily
traffic of the road measured in passenger vehicle
equivalent units from trucks (FHWA vehicle class 8 to
13);
[(2) provides access to energy exploration,
development, installation, or production areas;
[(3) connects the primary freight network, a roadway
described in paragraph (1) or (2), or Interstate System
to facilities that handle more than--
[(A) 50,000 20-foot equivalent units per
year; or
[(B) 500,000 tons per year of bulk
commodities.
[(f) National Freight Strategic Plan.--
[(1) Initial development of national freight
strategic plan.--Not later than 3 years after the date
of enactment of this section, the Secretary shall, in
consultation with State departments of transportation
and other appropriate public and private transportation
stakeholders, develop and post on the Department of
Transportation public website a national freight
strategic plan that shall include--
[(A) an assessment of the condition and
performance of the national freight network;
[(B) an identification of highway bottlenecks
on the national freight network that create
significant freight congestion problems, based
on a quantitative methodology developed by the
Secretary, which shall, at a minimum, include--
[(i) information from the Freight
Analysis Network of the Federal Highway
Administration; and
[(ii) to the maximum extent
practicable, an estimate of the cost of
addressing each bottleneck and any
operational improvements that could be
implemented;
[(C) forecasts of freight volumes for the 20-
year period beginning in the year during which
the plan is issued;
[(D) an identification of major trade
gateways and national freight corridors that
connect major population centers, trade
gateways, and other major freight generators
for current and forecasted traffic and freight
volumes, the identification of which shall be
revised, as appropriate, in subsequent plans;
[(E) an assessment of statutory, regulatory,
technological, institutional, financial, and
other barriers to improved freight
transportation performance (including
opportunities for overcoming the barriers);
[(F) an identification of routes providing
access to energy exploration, development,
installation, or production areas;
[(G) best practices for improving the
performance of the national freight network;
[(H) best practices to mitigate the impacts
of freight movement on communities;
[(I) a process for addressing multistate
projects and encouraging jurisdictions to
collaborate; and
[(J) strategies to improve freight intermodal
connectivity.
[(2) Updates to national freight strategic plan.--Not
later than 5 years after the date of completion of the
first national freight strategic plan under paragraph
(1), and every 5 years thereafter, the Secretary shall
update and repost on the Department of Transportation
public website a revised national freight strategic
plan.
[(g) Freight Transportation Conditions and Performance
Reports.--Not later than 2 years after the date of enactment of
this section, and biennially thereafter, the Secretary shall
prepare a report that contains a description of the conditions
and performance of the national freight network in the United
States.
[(h) Transportation Investment Data and Planning Tools.--
[(1) In general.--Not later than 1 year after the
date of enactment of this section, the Secretary
shall--
[(A) begin development of new tools and
improvement of existing tools or improve
existing tools to support an outcome-oriented,
performance-based approach to evaluate proposed
freight-related and other transportation
projects, including--
[(i) methodologies for systematic
analysis of benefits and costs;
[(ii) tools for ensuring that the
evaluation of freight-related and other
transportation projects could consider
safety, economic competitiveness,
environmental sustainability, and
system condition in the project
selection process; and
[(iii) other elements to assist in
effective transportation planning;
[(B) identify transportation-related model
data elements to support a broad range of
evaluation methods and techniques to assist in
making transportation investment decisions; and
[(C) at a minimum, in consultation with other
relevant Federal agencies, consider any
improvements to existing freight flow data
collection efforts that could reduce identified
freight data gaps and deficiencies and help
improve forecasts of freight transportation
demand.
[(2) Consultation.--The Secretary shall consult with
Federal, State, and other stakeholders to develop,
improve, and implement the tools and collect the data
in paragraph (1).
[(i) Definition of Aerotropolis Transportation System.--In
this section, the term ``aerotropolis transportation system''
means a planned and coordinated multimodal freight and
passenger transportation network that, as determined by the
Secretary, provides efficient, cost-effective, sustainable, and
intermodal connectivity to a defined region of economic
significance centered around a major airport.]
* * * * * * *
Sec. 167. National freight program
(a) Establishment.--
(1) In general.--It is the policy of the United
States to improve the condition and performance of the
national highway freight network to ensure that the
national freight network provides the foundation for
the United States to compete in the global economy and
achieve each goal described in subsection (b).
(2) Establishment.--In support of the goals described
in subsection (b), the Secretary shall establish a
national freight program in accordance with this
section to improve the efficient movement of freight on
the national highway freight network.
(b) Goals.--The goals of the national freight program are--
(1) to invest in infrastructure improvements and to
implement operational improvements on the highways of
the United States that--
(A) strengthen the contribution of the
national highway freight network to the
economic competitiveness of the United States;
(B) reduce congestion and relieve bottlenecks
in the freight transportation system;
(C) reduce the cost of freight
transportation;
(D) improve the reliability of freight
transportation; and
(E) increase productivity, particularly for
domestic industries and businesses that create
high-value jobs;
(2) to improve the safety, security, efficiency, and
resiliency of freight transportation in rural and urban
areas;
(3) to improve the state of good repair of the
national highway freight network;
(4) to use advanced technology to improve the safety
and efficiency of the national highway freight network;
(5) to incorporate concepts of performance,
innovation, competition, and accountability into the
operation and maintenance of the national highway
freight network;
(6) to improve the efficiency and productivity of the
national highway freight network; and
(7) to reduce the environmental impacts of freight
movement.
(c) Establishment of a National Highway Freight Network.--
(1) In general.--The Secretary shall establish a
national highway freight network in accordance with
this section to assist States in strategically
directing resources toward improved system performance
for efficient movement of freight on highways.
(2) Network components.--The national highway freight
network shall consist of--
(A) the primary highway freight system, as
designated under subsection (d);
(B) critical rural freight corridors
established under subsection (e);
(C) critical urban freight corridors
established under subsection (f); and
(D) the portions of the Interstate System not
designated as part of the primary highway
freight system, including designated future
Interstate System routes as of the date of
enactment of the DRIVE Act.
(d) Designation and Redesignation of the Primary Highway
Freight System.--
(1) Initial designation of primary highway freight
system.--The initial designation of the primary highway
freight system shall be--
(A) the network designated by the Secretary
under section 167(d) of title 23, United States
Code, as in effect on the day before the date
of enactment of the DRIVE Act; and
(B) all National Highway System freight
intermodal connectors.
(2) Redesignation of primary highway freight
system.--
(A) In general.--Beginning on the date that
is 1 year after the date of enactment of the
DRIVE Act and every 5 years thereafter, using
the designation factors described in
subparagraph (E), the Secretary shall
redesignate the primary highway freight system
(including any additional mileage added to the
primary highway freight system under this
paragraph as of the date on which the
redesignation process is effective).
(B) Mileage.--
(i) First redesignation.--In
redesignating the primary highway
freight system on the date that is 1
year after the date of enactment of the
DRIVE Act, the Secretary shall limit
the system to 30,000 centerline miles,
without regard to the connectivity of
the primary highway freight system.
(ii) Subsequent redesignations.--Each
redesignation after the redesignation
described in clause (i), the Secretary
may increase the primary highway
freight system by up to 5 percent of
the total mileage of the system,
without regard to the connectivity of
the primary highway freight system.
(C) Considerations.--
(i) In general.--In redesignating the
primary highway freight system, to the
maximum extent practicable, the
Secretary shall use measurable data to
assess the significance of goods
movement, including consideration of
points of origin, destination, and
linking components of the United States
global and domestic supply chains.
(ii) Intermodal connectors.--In
redesignating the primary highway
freight system, the Secretary shall
include all National Highway System
freight intermodal connectors.
(D) Input.--In addition to the process
provided to State freight advisory committees
under paragraph (3), in redesignating the
primary highway freight system, the Secretary
shall provide an opportunity for State freight
advisory committees to submit additional miles
for consideration.
(E) Factors for redesignation.--In
redesignating the primary highway freight
system, the Secretary shall consider--
(i) the origins and destinations of
freight movement in, to, and from the
United States;
(ii) land and water ports of entry;
(iii) access to energy exploration,
development, installation, or
production areas;
(iv) proximity of access to other
freight intermodal facilities,
including rail, air, water, and
pipelines;
(v) the total freight tonnage and
value moved via highways;
(vi) significant freight bottlenecks,
as identified by the Secretary;
(vii) the annual average daily truck
traffic on principal arterials; and
(viii) the significance of goods
movement on principal arterials,
including consideration of global and
domestic supply chains.
(3) State flexibility for additional miles on primary
highway freight system.--
(A) In general.--Not later than 1 year after
each redesignation conducted by the Secretary
under paragraph (2), each State, under the
advisement of the State freight advisory
committee, as established in accordance with
subsection (n), may increase the number of
miles designated as part of the primary highway
freight system in that State by not more than
10 percent of the miles designated in that
State under this subsection if the additional
miles--
(i) close gaps between primary
highway freight system segments;
(ii) establish connections of the
primary highway freight system critical
to the efficient movement of goods,
including ports, international border
crossings, airports, intermodal
facilities, logistics centers,
warehouses, and agricultural
facilities; or
(iii) designate critical emerging
freight routes.
(B) Considerations.--Each State, under the
advisement of the State freight advisory
committee that increases the number of miles on
the primary highway freight system under
subparagraph (A) shall--
(i) consider nominations for the
additional miles from metropolitan
planning organizations within the
State;
(ii) ensure that the additional miles
are consistent with the freight plan of
the State; and
(iii) review the primary highway
freight system of the State designated
under paragraph (1) and redesignate
miles in a manner that is consistent
with paragraph (2).
(C) Submission.--Each State, under the
advisement of the State freight advisory
committee shall--
(i) submit to the Secretary a list of
the additional miles added under this
subsection; and
(ii) certify that--
(I) the additional miles meet
the requirements of
subparagraph (A); and
(II) the State, under the
advisement of the State freight
advisory committee has
satisfied the requirements of
subparagraph (B).
(e) Critical Rural Freight Corridors.--A State may designate
a public road within the borders of the State as a critical
rural freight corridor if the public road--
(1) is a rural principal arterial roadway and has a
minimum of 25 percent of the annual average daily
traffic of the road measured in passenger vehicle
equivalent units from trucks (Federal Highway
Administration vehicle class 8 to 13);
(2) provides access to energy exploration,
development, installation, or production areas;
(3) connects the primary highway freight system, a
roadway described in paragraph (1) or (2), or the
Interstate System to facilities that handle more than--
(A) 50,000 20-foot equivalent units per year;
or
(B) 500,000 tons per year of bulk
commodities;
(4) provides access to--
(A) a grain elevator;
(B) an agricultural facility;
(C) a mining facility;
(D) a forestry facility; or
(E) an intermodal facility;
(5) connects to an international port of entry;
(6) provides access to significant air, rail, water,
or other freight facilities in the State; or
(7) is, in the determination of the State, vital to
improving the efficient movement of freight of
importance to the economy of the State.
(f) Critical Urban Freight Corridors.--
(1) Urbanized area with population of 500,000 or
more.--In an urbanized area with a population of
500,000 or more individuals, the representative
metropolitan planning organization, in consultation
with the State, may designate a public road within the
borders of that area of the State as a critical urban
freight corridor.
(2) Urbanized area with a population less than
500,000.--In an urbanized area with a population of
less than 500,000 individuals, the State, in
consultation with the representative metropolitan
planning organization, may designate a public road
within the borders of that area of the State as a
critical urban freight corridor.
(3) Requirements for designation.--A designation may
be made under paragraphs (1) or (2) if the public
road--
(A) is in an urbanized area, regardless of
population; and
(B)(i) connects an intermodal facility to--
(I) the primary highway freight
network;
(II) the Interstate System; or
(III) an intermodal freight facility;
(ii) is located within a corridor of a route
on the primary highway freight network and
provides an alternative highway option
important to goods movement;
(iii) serves a major freight generator,
logistic center, or manufacturing and warehouse
industrial land; or
(iv) is important to the movement of freight
within the region, as determined by the
metropolitan planning organization or the
State.
(g) Designation and Certification.--
(1) Designation.--States and metropolitan planning
organizations may designate corridors under subsections
(e) and (f) and submit the designated corridors to the
Secretary on a rolling basis.
(2) Certification.--Each State or metropolitan
planning organization that designates a corridor under
subsection (e) or (f) shall certify to the Secretary
that the designated corridor meets the requirements of
the applicable subsection.
(h) National Freight Strategic Plan.--
(1) Initial development of national freight strategic
plan.--Not later than 3 years after the date of
enactment of the DRIVE Act, the Secretary, in
consultation with State departments of transportation,
metropolitan planning organizations, and other
appropriate public and private transportation
stakeholders, shall develop and post on the public
website of the Department of Transportation a national
freight strategic plan that includes--
(A) an assessment of the condition and
performance of the national highway freight
network;
(B) an identification of highway bottlenecks
on the national highway freight network that
create significant freight congestion
(including congestion on other nonhighway
freight routes) based on a quantitative
methodology developed by the Secretary, which
shall, at a minimum, include--
(i) information from the Freight
Analysis Framework of the Federal
Highway Administration; and
(ii) to the maximum extent
practicable, an estimate of the cost of
addressing each bottleneck and any
operational improvements that could be
implemented;
(C) forecasts of freight volumes, based on
the most recent data available, for the 10- and
20-year period beginning in the year during
which the plan is issued;
(D) an identification of major trade gateways
and national freight corridors, including
nonhighway corridors, that connect major
population centers, trade gateways, and other
major freight generators for current and
forecasted traffic and freight volumes, the
identification of which shall be revised, as
appropriate, in subsequent plans;
(E) an assessment of statutory, regulatory,
technological, institutional, financial, and
other barriers to improved freight
transportation performance (including
opportunities for overcoming the barriers);
(F) an identification of routes providing
access to energy exploration, development,
installation, or production areas;
(G) best practices for improving the
performance of the national highway freight
network;
(H) best practices to mitigate the impacts of
freight movement on communities;
(I) a process for addressing multistate
projects and encouraging jurisdictions to
collaborate on multistate projects;
(J) identification of locations or areas with
high crash rates or congestion involving
freight traffic, and strategies to address
those issues; and
(K) strategies to improve freight intermodal
connectivity.
(2) Updates to national freight strategic plan.--Not
later than 5 years after the date of completion of the
first national freight strategic plan under paragraph
(1) and every 5 years thereafter, the Secretary shall
update and repost on the public website of the
Department of Transportation a revised national freight
strategic plan.
(i) Highway Freight Transportation Conditions and Performance
Reports.--Not later than 2 years after the date of enactment of
the DRIVE Act and biennially thereafter, the Secretary shall
prepare and submit to Congress a report that describes the
conditions and performance of the national highway freight
network in the United States.
(j) Transportation Investment Data and Planning Tools.--
(1) In general.--Not later than 1 year after the date
of enactment of the DRIVE Act, the Secretary shall--
(A) begin development of new tools and
improvement of existing tools to support an
outcome-oriented, performance-based approach to
evaluate proposed freight-related and other
transportation projects, including--
(i) methodologies for systematic
analysis of benefits and costs on a
national and regional basis;
(ii) tools for ensuring that the
evaluation of freight-related and other
transportation projects could consider
safety, economic competitiveness,
environmental sustainability, and
system condition in the project
selection process;
(iii) improved methods for data
collection and trend analysis;
(iv) encouragement of public-private
partnerships to carry out data sharing
activities while maintaining the
confidentiality of all proprietary
data; and
(v) other tools to assist in
effective transportation planning;
(B) identify transportation-related model
data elements to support a broad range of
evaluation methods and techniques to assist in
making transportation investment decisions; and
(C) at a minimum, in consultation with other
relevant Federal agencies, consider any
improvements to existing freight flow data
collection efforts that could reduce identified
freight data gaps and deficiencies and help
improve forecasts of freight transportation
demand.
(2) Consultation.--The Secretary shall consult with
Federal, State, and other stakeholders to develop,
improve, and implement the tools and collect the data
described in paragraph (1).
(k) Use of Apportioned Funds.--
(1) In general.--A State shall obligate funds
apportioned to the State under section 104(b)(5) to
improve the movement of freight on the national highway
freight network.
(2) Formula.--The Secretary shall calculate for each
State the proportion that--
(A) the total mileage in the State designated
as part of the primary highway freight system;
bears to
(B) the total mileage of the primary highway
freight system in all States.
(3) Use of funds.--
(A) States with high primary highway freight
system mileage.--If the proportion of a State
under paragraph (2) is greater than or equal to
3 percent, the State may obligate funds
apportioned to the State under section
104(b)(5) for projects on--
(i) the primary highway freight
system;
(ii) critical rural freight
corridors; and
(iii) critical urban freight
corridors.
(B) States with low primary highway freight
system mileage.--If the proportion of a State
under paragraph (2) is less than 3 percent, the
State may obligate funds apportioned to the
State under section 104(b)(5) for projects on
any component of the national highway freight
network.
(4) Freight planning.--Notwithstanding any other
provision of law, effective beginning 2 years after the
date of enactment of the DRIVE Act, a State may not
obligate funds apportioned to the State under section
104(b)(5) unless the State has--
(A) established a freight advisory committee
in accordance with subsection (n); and
(B) developed a freight plan in accordance
with subsection (o).
(5) Eligibility.--
(A) In general.--Except as provided in this
subsection, for a project to be eligible for
funding under this section the project shall--
(i) contribute to the efficient
movement of freight on the national
highway freight network; and
(ii) be consistent with a freight
investment plan included in a freight
plan of the State that is in effect.
(B) Other projects.--A State may obligate not
more than 10 percent of the total apportionment
of the State under section 104(b)(5) for
projects--
(i) within the boundaries of public
and private freight rail, water
facilities (including ports), and
intermodal facilities; and
(ii) that provide surface
transportation infrastructure necessary
to facilitate direct intermodal
interchange, transfer, and access into
and out of the facility.
(C) Eligible projects.--Funds apportioned to
the State under section 104(b)(5) for the
national freight program may be obligated to
carry out 1 or more of the following:
(i) Development phase activities,
including planning, feasibility
analysis, revenue forecasting,
environmental review, preliminary
engineering and design work, and other
preconstruction activities.
(ii) Construction, reconstruction,
rehabilitation, acquisition of real
property (including land relating to
the project and improvements to land),
construction contingencies, acquisition
of equipment, and operational
improvements directly relating to
improving system performance.
(iii) Intelligent transportation
systems and other technology to improve
the flow of freight, including
intelligent freight transportation
systems.
(iv) Efforts to reduce the
environmental impacts of freight
movement.
(v) Environmental and community
mitigation of freight movement.
(vi) Railway-highway grade
separation.
(vii) Geometric improvements to
interchanges and ramps.
(viii) Truck-only lanes.
(ix) Climbing and runaway truck
lanes.
(x) Adding or widening of shoulders.
(xi) Truck parking facilities
eligible for funding under section 1401
of MAP-21 (23 U.S.C. 137 note; Public
Law 112-141).
(xii) Real-time traffic, truck
parking, roadway condition, and
multimodal transportation information
systems.
(xiii) Electronic screening and
credentialing systems for vehicles,
including weigh-in-motion truck
inspection technologies.
(xiv) Traffic signal optimization,
including synchronized and adaptive
signals.
(xv) Work zone management and
information systems.
(xvi) Highway ramp metering.
(xvii) Electronic cargo and border
security technologies that improve
truck freight movement.
(xviii) Intelligent transportation
systems that would increase truck
freight efficiencies inside the
boundaries of intermodal facilities.
(xix) Additional road capacity to
address highway freight bottlenecks.
(xx) A highway project, other than a
project described in clauses (i)
through (xix), to improve the flow of
freight on the national highway freight
network.
(xxi) Any other surface
transportation project to improve the
flow of freight into and out of a
facility described in subparagraph (B).
(6) Other eligible costs.--In addition to the
eligible projects identified in paragraph (5), a State
may use funds apportioned under section 104(b)(5) for--
(A) carrying out diesel retrofit or
alternative fuel projects under section 149 for
class 8 vehicles; and
(B) the necessary costs of--
(i) conducting analyses and data
collection related to the national
freight program;
(ii) developing and updating
performance targets to carry out this
section; and
(iii) reporting to the Secretary to
comply with section 150.
(7) Applicability of planning requirements.--
Programming and expenditure of funds for projects under
this section shall be consistent with the requirements
of sections 134 and 135.
(l) State Performance Targets.--If the Secretary determines
that a State has not met or made significant progress toward
meeting the performance targets related to freight movement of
the State established under section 150(d) by the date that is
2 years after the date of the establishment of the performance
targets, until the date on which the Secretary determines that
the State has met or has made significant progress towards
meeting the performance targets, the State shall submit to the
Secretary, on a biennial basis, a freight performance
improvement plan that includes--
(1) an identification of significant freight system
trends, needs, and issues within the State;
(2) a description of the freight policies and
strategies that will guide the freight-related
transportation investments of the State;
(3) an inventory of freight bottlenecks within the
State and a description of the ways in which the State
is allocating the national freight program funds to
improve those bottlenecks; and
(4) a description of the actions the State will
undertake to meet the performance targets of the State.
(m) Study of Multimodal Projects.--Not later than 2 years
after the date of enactment of the DRIVE Act, the Secretary
shall submit to Congress a report that contains--
(1) a study of freight projects identified in State
freight plans under subsection (o); and
(2) an evaluation of multimodal freight projects
included in the State freight plans, or otherwise
identified by States, that are subject to the
limitation of funding for such projects under this
section.
(n) State Freight Advisory Committees.--
(1) In general.--Each State shall establish a freight
advisory committee consisting of a representative
cross-section of public and private sector freight
stakeholders, including representatives of ports,
shippers, carriers, freight-related associations, the
freight industry workforce, the transportation
department of the State, and local governments.
(2) Role of committee.--A freight advisory committee
of a State described in paragraph (1) shall--
(A) advise the State on freight-related
priorities, issues, projects, and funding
needs;
(B) serve as a forum for discussion for State
transportation decisions affecting freight
mobility;
(C) communicate and coordinate regional
priorities with other organizations;
(D) promote the sharing of information
between the private and public sectors on
freight issues; and
(E) participate in the development of the
freight plan of the State described in
subsection (o).
(o) State Freight Plans.--
(1) In general.--Each State shall develop a freight
plan that provides a comprehensive plan for the
immediate and long-range planning activities and
investments of the State with respect to freight.
(2) Plan contents.--A freight plan described in
paragraph (1) shall include, at a minimum--
(A) an identification of significant freight
system trends, needs, and issues with respect
to the State;
(B) a description of the freight policies,
strategies, and performance measures that will
guide the freight-related transportation
investment decisions of the State;
(C) when applicable, a listing of critical
rural and urban freight corridors designated
within the State under this section;
(D) a description of how the plan will
improve the ability of the State to meet the
national freight goals established under
subsection (b);
(E) evidence of consideration of innovative
technologies and operational strategies,
including intelligent transportation systems,
that improve the safety and efficiency of
freight movement;
(E) a description of how innovative
technologies and operational strategies,
including intelligent transportation systems,
that improve the safety and efficiency of
freight movement, were considered;
(F) in the case of routes on which travel by
heavy vehicles (including mining, agricultural,
energy cargo or equipment, and timber vehicles)
is projected to substantially deteriorate the
condition of roadways, a description of
improvements that may be required to reduce or
impede the deterioration;
(G) an inventory of facilities with freight
mobility issues, such as truck bottlenecks,
within the State, and a description of the
strategies the State is employing to address
those freight mobility issues;
(H) consideration of any significant
congestion or delay caused by freight movements
and any strategies to mitigate that congestion
or delay; and
(I) a freight investment plan that, subject
to paragraph (3)(B), includes a list of
priority projects and describes how funds made
available to carry out this section would be
invested and matched.
(3) Relationship to long-range plan.--
(A) Incorporation.--A freight plan described
in paragraph (1) may be developed separately
from or incorporated into the statewide
strategic long-range transportation plan
required by section 135.
(B) Fiscal constraint.--The freight
investment plan component of a freight plan
shall include a project, or an identified phase
of a project, only if funding for completion of
the project can reasonably be anticipated to be
available for the project within the time
period identified in the freight investment
plan.
(4) Planning period.--The freight plan shall address
a 10-year forecast period.
(5) Updates.--
(A) In general.--A State shall update the
freight plan not less frequently than once
every 5 years.
(B) Freight investment plan.--A State may
update the freight investment plan more
frequently than is required under subparagraph
(A).
(p) Intelligent Freight Transportation System.--
(1) Definition of intelligent freight transportation
system.--In this section, the term `intelligent freight
transportation system' means--
(A) an innovative or intelligent
technological transportation system,
infrastructure, or facilities, including
electronic roads, driverless trucks, elevated
freight transportation facilities, and other
intelligent freight transportation systems; and
(B) a communications or information
processing system used singly or in combination
for dedicated intelligent freight lanes and
conveyances that improve the efficiency,
security, or safety of freight on the Federal-
aid highway system or that operate to convey
freight or improve existing freight movements.
(2) Location.--An intelligent freight transportation
system shall be located--
(A)(i) along existing Federal-aid highways;
or
(ii) in a manner that connects ports-of-entry
to existing Federal-aid highways; and
(B) in proximity to, or within, an existing
right-of-way on a Federal-aid highway.
(3) Operating standards.--The Administrator of the
Federal Highway Administration shall determine the need
for establishing operating standards for intelligent
freight transportation systems.
* * * * * * *
Sec. [168. Integration of planning and environmental review
[(a) Definitions.--In this section, the following definitions
apply:
[(1) Environmental review process.--The term
``environmental review process'' means the process for
preparing for a project an environmental impact
statement, environmental assessment, categorical
exclusion, or other document prepared under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
[(2) Planning product.--The term ``planning product''
means a detailed and timely decision, analysis, study,
or other documented information that--
[(A) is the result of an evaluation or
decisionmaking process carried out during
transportation planning, including a detailed
corridor plan or a transportation plan
developed under section 134 that fully analyzes
impacts on mobility, adjacent communities, and
the environment;
[(B) is intended to be carried into the
transportation project development process; and
[(C) has been approved by the State, all
local and tribal governments where the project
is located, and by any relevant metropolitan
planning organization.
[(3) Project.--The term ``project'' has the meaning
given the term in section 139(a).
[(4) Project sponsor.--The term ``project sponsor''
has the meaning given the term in section 139(a).
[(b) Adoption of Planning Products for Use in NEPA
Proceedings.--
[(1) In general.--Subject to the conditions set forth
in subsection (d), the Federal lead agency for a
project may adopt and use a planning product in
proceedings relating to any class of action in the
environmental review process of the project.
[(2) Identification.--When the Federal lead agency
makes a determination to adopt and use a planning
product, the Federal lead agency shall identify those
agencies that participated in the development of the
planning products.
[(3) Partial adoption of planning products.--The
Federal lead agency may adopt a planning product under
paragraph (1) in its entirety or may select portions
for adoption.
[(4) Timing.--A determination under paragraph (1)
with respect to the adoption of a planning product may
be made at the time the lead agencies decide the
appropriate scope of environmental review for the
project but may also occur later in the environmental
review process, as appropriate.
[(c) Applicability.--
[(1) Planning decisions.--Planning decisions that may
be adopted pursuant to this section include--
[(A) whether tolling, private financial
assistance, or other special financial measures
are necessary to implement the project;
[(B) a decision with respect to modal choice,
including a decision to implement corridor or
subarea study recommendations to advance
different modal solutions as separate projects
with independent utility;
[(C) a basic description of the environmental
setting;
[(D) a decision with respect to methodologies
for analysis; and
[(E) an identification of programmatic level
mitigation for potential impacts that the
Federal lead agency, in consultation with
Federal, State, local, and tribal resource
agencies, determines are most effectively
addressed at a regional or national program
level, including--
[(i) system-level measures to avoid,
minimize, or mitigate impacts of
proposed transportation investments on
environmental resources, including
regional ecosystem and water resources;
and
[(ii) potential mitigation
activities, locations, and investments.
[(2) Planning analyses.--Planning analyses that may
be adopted pursuant to this section include studies
with respect to--
[(A) travel demands;
[(B) regional development and growth;
[(C) local land use, growth management, and
development;
[(D) population and employment;
[(E) natural and built environmental
conditions;
[(F) environmental resources and
environmentally sensitive areas;
[(G) potential environmental effects,
including the identification of resources of
concern and potential cumulative effects on
those resources, identified as a result of a
statewide or regional cumulative effects
assessment; and
[(H) mitigation needs for a proposed action,
or for programmatic level mitigation, for
potential effects that the Federal lead agency
determines are most effectively addressed at a
regional or national program level.
[(d) Conditions.--Adoption and use of a planning product
under this section is subject to a determination by the Federal
lead agency, with the concurrence of other participating
agencies with relevant expertise and project sponsors as
appropriate, and with an opportunity for public notice and
comment and consideration of those comments by the Federal lead
agency, that the following conditions have been met:
[(1) The planning product was developed through a
planning process conducted pursuant to applicable
Federal law.
[(2) The planning product was developed by engaging
in active consultation with appropriate Federal and
State resource agencies and Indian tribes.
[(3) The planning process included broad
multidisciplinary consideration of systems-level or
corridor-wide transportation needs and potential
effects, including effects on the human and natural
environment.
[(4) During the planning process, notice was provided
through publication or other means to Federal, State,
local, and tribal governments that might have an
interest in the proposed project, and to members of the
general public, of the planning products that the
planning process might produce and that might be relied
on during any subsequent environmental review process,
and such entities have been provided an appropriate
opportunity to participate in the planning process
leading to such planning product.
[(5) After initiation of the environmental review
process, but prior to determining whether to rely on
and use the planning product, the lead Federal agency
has made documentation relating to the planning product
available to Federal, State, local, and tribal
governments that may have an interest in the proposed
action, and to members of the general public, and has
considered any resulting comments.
[(6) There is no significant new information or new
circumstance that has a reasonable likelihood of
affecting the continued validity or appropriateness of
the planning product.
[(7) The planning product has a rational basis and is
based on reliable and reasonably current data and
reasonable and scientifically acceptable methodologies.
[(8) The planning product is documented in sufficient
detail to support the decision or the results of the
analysis and to meet requirements for use of the
information in the environmental review process.
[(9) The planning product is appropriate for adoption
and use in the environmental review process for the
project.
[(10) The planning product was approved not later
than 5 years prior to date on which the information is
adopted pursuant to this section.
[(e) Effect of Adoption.--Any planning product adopted by the
Federal lead agency in accordance with this section may be
incorporated directly into an environmental review process
document or other environmental document and may be relied upon
and used by other Federal agencies in carrying out reviews of
the project.
[(f) Rules of Construction.--
[(1) In general.--This section shall not be construed
to make the environmental review process applicable to
the transportation planning process conducted under
this title and chapter 53 of title 49.
[(2) Transportation planning activities.--Initiation
of the environmental review process as a part of, or
concurrently with, transportation planning activities
does not subject transportation plans and programs to
the environmental review process.
[(3) Planning products.--This section shall not be
construed to affect the use of planning products in the
environmental review process pursuant to other
authorities under any other provision of law or to
restrict the initiation of the environmental review
process during planning.]
Sec. 168. Integration of planning and environmental review
(a) Definitions.--In this section, the following definitions
apply:
(1) Environmental review process.--The term
`environmental review process' means the process for
preparing for a project an environmental impact
statement, environmental assessment, categorical
exclusion, or other document prepared under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
(2) Lead agency.--The term `lead agency' has the
meaning given the term in section 139(a).
(3) Planning product.--The term `planning product'
means a decision, analysis, study, or other documented
information that is the result of an evaluation or
decisionmaking process carried out by a metropolitan
planning organization or a State, as appropriate,
during metropolitan or statewide transportation
planning under section 134 or 135, respectively.
(4) Project.--The term `project' has the meaning
given the term in section 139(a).
(b) Adoption of Planning Products for Use in NEPA
Proceedings.--
(1) In general.--Subject to subsection (d), the
Federal lead agency for a project may adopt and use a
planning product in proceedings relating to any class
of action in the environmental review process of the
project.
(2) Identification.--If the Federal lead agency makes
a determination to adopt and use a planning product,
the Federal lead agency shall identify the agencies
that participated in the development of the planning
products.
(3) Partial adoption of planning products.--The
Federal lead agency may--
(A) adopt an entire planning product under
paragraph (1); or
(B) select portions of a planning project
under paragraph (1) for adoption.
(4) Timing.--A determination under paragraph (1) with
respect to the adoption of a planning product may--
(A) be made at the time the lead agencies
decide the appropriate scope of environmental
review for the project; or
(B) occur later in the environmental review
process, as appropriate.
(c) Applicability.--
(1) Planning decisions.--The lead agency in the
environmental review process may adopt decisions from a
planning product, including--
(A) whether tolling, private financial
assistance, or other special financial measures
are necessary to implement the project;
(B) a decision with respect to general travel
corridor or modal choice, including a decision
to implement corridor or subarea study
recommendations to advance different modal
solutions as separate projects with independent
utility;
(C) the purpose and the need for the proposed
action;
(D) preliminary screening of alternatives and
elimination of unreasonable alternatives;
(E) a basic description of the environmental
setting;
(F) a decision with respect to methodologies
for analysis; and
(G) an identification of programmatic level
mitigation for potential impacts of
transportation projects, including--
(i) measures to avoid, minimize, and
mitigate impacts at a regional or
national scale;
(ii) investments in regional
ecosystem and water resources; and
(iii) a programmatic mitigation plan
developed in accordance with section
169.
(2) Planning analyses.--The lead agency in the
environmental review process may adopt analyses from a
planning product, including--
(A) travel demands;
(B) regional development and growth;
(C) local land use, growth management, and
development;
(D) population and employment;
(E) natural and built environmental
conditions;
(F) environmental resources and
environmentally sensitive areas;
(G) potential environmental effects,
including the identification of resources of
concern and potential indirect and cumulative
effects on those resources; and
(H) mitigation needs for a proposed action,
or for programmatic level mitigation, for
potential effects that the Federal lead agency
determines are most effectively addressed at a
regional or national program level.
(d) Conditions.--The lead agency in the environmental review
process may adopt and use a planning product under this section
if the lead agency determines, with the concurrence of other
participating agencies with relevant expertise and project
sponsors, as appropriate, that the following conditions have
been met:
(1) The planning product was developed through a
planning process conducted pursuant to applicable
Federal law.
(2) The planning product was developed in
consultation with appropriate Federal and State
resource agencies and Indian tribes.
(3) The planning process included broad
multidisciplinary consideration of systems-level or
corridor-wide transportation needs and potential
effects, including effects on the human and natural
environment.
(4) The planning process included public notice that
the planning products produced in the planning process
may be adopted during a subsequent environmental review
process in accordance with this section.
(5) During the environmental review process, the lead
agency has--
(A) made the planning documents available for
public review and comment;
(B) provided notice of the intention of the
lead agency to adopt the planning product; and
(C) considered any resulting comments.
(6) There is no significant new information or new
circumstance that has a reasonable likelihood of
affecting the continued validity or appropriateness of
the planning product.
(7) The planning product has a rational basis and is
based on reliable and reasonably current data and
reasonable and scientifically acceptable methodologies.
(8) The planning product is documented in sufficient
detail to support the decision or the results of the
analysis and to meet requirements for use of the
information in the environmental review process.
(9) The planning product is appropriate for adoption
and use in the environmental review process for the
project and is incorporated in accordance with the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and section 1502.21 of title 40, Code of
Federal Regulations (as in effect on the date of
enactment of the DRIVE Act).
(e) Effect of Adoption.--Any planning product adopted by the
Federal lead agency in accordance with this section may be--
(1) incorporated directly into an environmental
review process document or other environmental
document; and
(2) relied on and used by other Federal agencies in
carrying out reviews of the project.
(f) Rules of Construction.--
(1) In general.--This section does not make the
environmental review process applicable to the
transportation planning process conducted under this
title and chapter 53 of title 49.
(2) Transportation planning activities.--Initiation
of the environmental review process as a part of, or
concurrently with, transportation planning activities
does not subject transportation plans and programs to
the environmental review process.
(3) Planning products.--This section does not affect
the use of planning products in the environmental
review process pursuant to other authorities under any
other provision of law or restrict the initiation of
the environmental review process during planning.
* * * * * * *
Sec. 169. Development of programmatic mitigation plans
(a) In General.--As part of the statewide or metropolitan
transportation planning process, a State or metropolitan
planning organization may develop 1 or more programmatic
mitigation plans to address the potential environmental impacts
of future transportation projects.
(b) Scope.--
(1) Scale.--A programmatic mitigation plan may be
developed on a regional, ecosystem, watershed, or
statewide scale.
(2) Resources.--The plan may encompass multiple
environmental resources within a defined geographic
area or may focus on a specific resource, such as
aquatic resources, parkland, or wildlife habitat.
(3) Project impacts.--The plan may address impacts
from all projects in a defined geographic area or may
focus on a specific type of project.
(4) Consultation.--The scope of the plan shall be
determined by the State or metropolitan planning
organization, as appropriate, in consultation with the
agency or agencies with jurisdiction over the resources
being addressed in the mitigation plan.
(c) Contents.--A programmatic mitigation plan may include--
(1) an assessment of the condition of environmental
resources in the geographic area covered by the plan,
including an assessment of recent trends and any
potential threats to those resources;
(2) an assessment of potential opportunities to
improve the overall quality of environmental resources
in the geographic area covered by the plan, through
strategic mitigation for impacts of transportation
projects;
(3) standard measures for mitigating certain types of
impacts;
(4) parameters for determining appropriate mitigation
for certain types of impacts, such as mitigation ratios
or criteria for determining appropriate mitigation
sites;
(5) adaptive management procedures, such as protocols
that involve monitoring predicted impacts over time and
adjusting mitigation measures in response to
information gathered through the monitoring; and
(6) acknowledgment of specific statutory or
regulatory requirements that must be satisfied when
determining appropriate mitigation for certain types of
resources.
(d) Process.--Before adopting a programmatic mitigation plan,
a State or metropolitan planning organization shall--
(1) consult with each agency with jurisdiction over
the environmental resources considered in the
programmatic mitigation plan;
(2) make a draft of the plan available for review and
comment by applicable environmental resource agencies
and the public;
(3) consider any comments received from such agencies
and the public on the draft plan; and
(4) address such comments in the final plan.
(e) Integration With Other Plans.--A programmatic mitigation
plan may be integrated with other plans, including watershed
plans, ecosystem plans, species recovery plans, growth
management plans, and land use plans.
(f) Consideration in Project Development and Permitting.--If
a programmatic mitigation plan has been developed pursuant to
this section, any Federal agency responsible for environmental
reviews, permits, or approvals for a transportation project
[may use] shall consider the recommendations in a programmatic
mitigation plan when carrying out the responsibilities under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) or other Federal environment law.
* * * * * * *
Sec. 170. Funding flexibility for transportation emergencies
(a) In General.--Notwithstanding any other provision of law,
a State may use up to 100 percent of any covered funds of the
State to repair or replace a transportation facility that has
suffered serious damage as a result of a natural disaster or
catastrophic failure from an external cause.
(b) Declaration of Emergency.--Funds may be used under this
section only for a disaster or emergency declared by the
President pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
(c) Repayment.--Funds used under subsection (a) shall be
repaid to the program from which the funds were taken in the
event that such repairs or replacement are subsequently covered
by a supplemental appropriation of funds.
(d) Definitions.--In this section, the following definitions
apply:
(1) Covered funds.--The term ``covered funds'' means
any amounts apportioned to a State under section
104(b), other than amounts suballocated to metropolitan
areas and other areas of the State under section
133(d), but including any such amounts required to be
set aside for a purpose other than the repair or
replacement of a transportation facility under this
section.
(2) Transportation facility.--The term
``transportation facility'' means any facility eligible
for assistance under section 125.
Sec. 171. Assistance for major projects program
(a) Purpose of Program.--The purpose of the assistance for
major projects program shall be to assist in funding critical
high-cost surface transportation infrastructure projects that--
(1) are difficult to complete with existing Federal,
State, local, and private funds; and
(2) will achieve 1 or more of--
(A) generation of national or regional
economic benefits and an increase in the global
economic competitiveness of the United States;
(B) reduction of congestion and the impacts
of congestion;
(C) improvement of roadways vital to national
energy security;
(D) improvement of the efficiency,
reliability, and affordability of the movement
of freight;
(E) improvement of transportation safety;
(F) improvement of existing and designated
future Interstate System routes; or
(G) improvement of the movement of people
through improving rural connectivity and
metropolitan accessibility.
(b) Definitions.--In this section:
(1) Administrator.--The term `Administrator' means
the Administrator of the Federal Highway
Administration.
(2) Eligible applicant.--The term `eligible
applicant' means--
(A) a State (or a group of States);
(B) a local government;
(C) a tribal government (or a consortium of
tribal governments);
(D) a transit agency;
(E) a special purpose district or a public
authority with a transportation function;
(F) a port authority;
(G) a political subdivision of a State or
local government;
(H) a Federal land management agency, jointly
with the applicable State; or
(I) a multistate or multijurisdictional group
of entities described in subparagraphs (A)
through (H).
(3) Eligible project.--
(A) In general.--The term `eligible project'
means a surface transportation project, or a
program of integrated surface transportation
projects closely related in the function the
projects perform, that--
(i) is a capital project that is
eligible for Federal financial
assistance under--
(I) this title; or
(II) chapter 53 of title 49;
and
(ii) except as provided in
subparagraph (B), has eligible project
costs that are reasonably anticipated
to equal or exceed the lesser of--
(I) $350,000,000; and
(II)(aa) for a project
located in a single State, [30]
25 percent of the amount of
Federal-aid highway funds
apportioned to the State for
the most recently completed
fiscal year;
(III) for a project located
in a single rural State with a
population density of [75] 80
or fewer persons per square
mile based on the most recent
decennial census, 10 percent of
the amount of Federal-aid
highway funds apportioned to
the State for the most recently
completed fiscal year; or
(IV) for a project located in
more than 1 State, 75 percent
of the amount of Federal-aid
highway funds apportioned to
the participating State that
has the largest apportionment
for the most recently completed
fiscal year.
(B) Federal land transportation facility.--In
the case of a Federal land transportation
facility, the term `eligible project' means a
Federal land transportation facility that has
eligible project costs that are reasonably
anticipated to equal or exceed $150,000,000.
(4) Eligible project costs.--The term `eligible
project costs' means the costs of--
(A) development phase activities, including
planning, feasibility analysis, revenue
forecasting, environmental review, preliminary
engineering and design work, and other
preconstruction activities; and
(B) 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.
(5) Rural area.--The term `rural area' means an area
that is outside of an urbanized area with a population
greater than 150,000 individuals, as determined by the
Bureau of the Census.
(6) Rural state.--The term `rural State' means a
State that has a population density of [75] 80 or fewer
persons per square mile, based on the most recent
decennial census.
(c) Establishment of Program.--The Administrator shall
establish a program in accordance with this section to provide
grants for projects that will have a significant impact on a
region or the Nation.
(d) Solicitations and Applications.--
(1) Grant solicitations.--The Administrator shall
conduct a transparent and competitive national
solicitation process to review eligible projects for
funding under this section.
(2) Applications.--
(A) In general.--An eligible applicant
seeking a grant under this section shall submit
to the Administrator an application in such
form and containing such information as the
Administrator determines necessary, including
the total amount of the grant requested.
(B) Contents.--Each application submitted
under this paragraph shall include data on the
most recent system performance and estimated
system improvements that will result from
completion of the eligible project, including
projections for improvements 5, 10, and 20
years after completion of the project.
(C) Resubmission of applications.--An
eligible applicant whose project is not
selected under this section may resubmit an
application in a subsequent solicitation.
(e) Criteria for Project Evaluation and Selection.--
(1) In general.--The Administrator may select a
project for funding under this section only if the
Administrator determines that the project--
(A) is consistent with the national goals
described in section 150(b);
(B) will significantly improve the
performance of the national surface
transportation network, nationally or
regionally;
(C) is based on the results of preliminary
engineering;
(D) is consistent with the long-range
statewide transportation plan;
(E) cannot be readily and efficiently
completed without Federal financial assistance;
(F) is justified based on the ability of the
project to achieve 1 or more of--
(i) generation of national economic
benefits that reasonably exceed the
costs of the project;
(ii) reduction of long-term
congestion, including impacts on a
national, regional, and statewide
basis;
(iii) an increase in the speed,
reliability, and accessibility of the
movement of people or freight; or
(iv) improvement of transportation
safety, including reducing
transportation accident and serious
injuries and fatalities; and
(G) is supported by a sufficient amount of
non-Federal funding, including evidence of
stable and dependable financing to construct,
maintain, and operate the infrastructure
facility.
(2) Additional considerations.--In evaluating a
project under this section, in addition to the criteria
described in paragraph (1), the Administrator shall
consider the extent to which the project--
(A) leverages Federal investment by
encouraging non-Federal contributions to the
project, including contributions from public-
private partnerships;
(B) is able to begin construction by the date
that is not later than 18 months after the date
on which the project is selected;
(C) incorporates innovative project delivery
and financing to the maximum extent
practicable;
(D) helps maintain or protect the
environment;
(E) improves roadways vital to national
energy security;
(F) improves or upgrades designated future
Interstate System routes;
(G) uses innovative technologies, including
intelligent transportation systems, that
enhance the efficiency of the project; and
(H) helps to improve mobility and
accessibility.
(f) Geographic Distribution.--In awarding grants under this
section, the Administrator shall take measures to ensure, to
the maximum extent practicable--
(1) an equitable geographic distribution of amounts;
and
(2) an appropriate balance in addressing the needs of
rural and urban communities.
(g) Funding Requirements.--
(1) In general.--Except in the case of projects
described in paragraph (2), the amount of a grant under
this section shall be at least $50,000,000.
(2) Rural projects.--The amounts made available for a
fiscal year under this section for eligible projects
located in rural areas or in rural States shall not
be--
(A) less than 20 percent of the amount made
available for the fiscal year under this
section; and
(B) subject to paragraph (1).
(3) Limitation of funds.--Not more than 20 percent of
the funds made available for a fiscal year to carry out
this section shall be allocated for projects eligible
under section 167(k)(5)(B) or chapter 53 of title 49.
(4) State cap.--
(A) In general.--Not more than 20 percent of
the funds made available for a fiscal year to
carry out this section may be awarded to
projects in a single State.
(B) Exception for multistate projects.--For
purposes of the limitation described in
subparagraph (A), funds awarded for a
multistate project shall be considered to be
distributed evenly to each State.
(5) TIFIA program.--On the request of an eligible
applicant under this section, the Administrator may use
amounts awarded to the entity to pay subsidy and
administrative costs necessary to provide the entity
Federal credit assistance under chapter 6 with respect
to the project for which the grant was awarded.
(h) Grant Requirements.--
(1) Applicability of planning requirements.--The
programming and expenditure of funds for projects under
this section shall be consistent with the requirements
of sections 134 and 135.
(2) Determination of applicable modal requirements.--
If an eligible project that receives a grant under this
section has a crossmodal component, the Administrator--
(A) shall determine the predominant modal
component of the project; and
(B) may apply the applicable requirements of
that predominant modal component to the
project.
(i) Report to the Administrator.--For each project funded
under this section, the project sponsor shall evaluate system
performance and submit to the Administrator a report not later
than 5, 10, and 20 years after completion of the project to
assess whether the project outcomes have met preconstruction
projections.
(j) Congressional Approval.--
(1) Submission of application.--Each eligible
applicant shall submit to the Administrator an
application in accordance with subsection (d)(2) at
such time as the Administrator determines to meet the
requirements of paragraph (2).
(2) Submission to congress of proposed projects.--
(A) In general.--By January 1 of each fiscal
year, 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 a list of all of the projects
that meet the requirements of this section.
(B) Limitation.--The list submitted under
subparagraph (A) shall include a total
requested grant amount at least 2 times, but
not to exceed 4 times, the authorization level
of the program in each fiscal year.
(3) Committee review.--Not later than 90 days after
the date of the receipt of the submission under
paragraph (2), each Committee described in subparagraph
(A) of that paragraph shall--
(A) select projects and determine the amounts
to be awarded to each project, not to exceed
the total authorization level of the program
for each fiscal year; and
(B) adopt a resolution making such
determination.
(4) Congressional approval.--Projects shall be
awarded on congressional adoption of a joint resolution
based on the Committee action under paragraph (3).
(5) Administrative approval.--
(A) In general.--The Administrator shall
award grants to eligible projects in a fiscal
year--
(i) if Congress does not adopt a
joint resolution under paragraph (4) by
the date that is 90 days after the date
on which the first Committee adopts a
resolution under paragraph (3)(B); or
(ii) if neither Committee acts in
accordance with paragraph (3).
(B) Timing.--The Administrator shall award
grants under subparagraph (A) not later than 90
days after the date on which the relevant event
described in subparagraph (A) occurs.
(k) Reports.--
(1) In general.--The Administrator shall make
available on the website of the Federal Highway
Administration at the end of each fiscal year an annual
report that lists each project for which assistance has
been provided under this section during that fiscal
year.
(2) Comptroller general.--
(A) Assessment.--The Comptroller General of
the United States shall conduct an assessment
of the 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
initial awarding of funding under this section,
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--
(i) the process by which each project
was selected;
(ii) the criteria used for the
selection of each project; and
(iii) the justification for the
selection of each project based on the
criteria described in subsection (e).
* * * * * * *
Sec. 201. Federal lands and tribal transportation programs
(a) Purpose.--Recognizing the need for all public Federal and
tribal transportation facilities to be treated under uniform
policies similar to the policies that apply to Federal-aid
highways and other public transportation facilities, the
Secretary of Transportation, in collaboration with the
Secretaries of the appropriate Federal land management
agencies, shall coordinate a uniform policy for all public
Federal and tribal transportation facilities that shall apply
to Federal lands transportation facilities, tribal
transportation facilities, and Federal lands access
transportation facilities.
(b) Availability of Funds.--
(1) Availability.--* * *
* * * * * * *
(c) Transportation Planning.--
(1) Transportation planning procedures.--In
consultation with the Secretary of each appropriate
Federal land management agency, the Secretary shall
implement transportation planning procedures for
Federal lands and tribal transportation facilities that
are consistent with the planning processes required
under sections 134 and 135.
(2) Approval of transportation improvement program.--
The transportation improvement program developed as a
part of the transportation planning process under this
section shall be approved by the Secretary.
(3) Inclusion in other plans.--Each regionally
significant tribal transportation program, Federal
lands transportation program, and Federal lands access
program project shall be--
(A) developed in cooperation with State and
metropolitan planning organizations; and
(B) included in appropriate tribal
transportation program plans, Federal lands
transportation program plans, Federal lands
access program plans, State and metropolitan
plans, and transportation improvement programs.
(4) Inclusion in State programs.--The approved tribal
transportation program, Federal lands transportation
program, and Federal lands access program
transportation improvement programs shall be included
in appropriate State and metropolitan planning
organization plans and programs without further action
on the transportation improvement program.
(5) Asset management.--The Secretary and the
Secretary of each appropriate Federal land management
agency shall, to the extent appropriate, implement
safety, bridge, pavement, and congestion management
systems for facilities funded under the tribal
transportation program and the Federal lands
transportation program in support of asset management.
(6) Data collection.--
(A) Data collection.--[The Secretaries]
(i) In general.--The Secretaries;of
the appropriate Federal land management
agencies shall collect and report data
necessary to implement the Federal
lands transportation program, the
Federal lands access program, and the
tribal transportation program. [in
accordance with the Indian Self-
Determination and Education Assistance
Act (25 U.S.C. 450 et seq.),
including--]
(ii) Requirement.--Data collected to
implement the tribal transportation
program shall be in accordance with the
Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.).
(iii) Inclusions.--Data collected
under this paragraph includes--''
[(i)] (I) inventory and condition
information on Federal lands
transportation facilities and tribal
transportation facilities; and
[(ii)] (II) bridge inspection and
inventory information on any Federal
bridge open to the public.
(B) Standards.--The Secretary, in
coordination with the Secretaries management
agencies, shall define the collection and
reporting data standards.
[(7) Administrative expenses.--To implement the
activities described in this subsection, including
direct support of transportation planning activities
among Federal land management agencies, the Secretary
may use not more than 5 percent for each fiscal year of
the funds authorized for programs under sections 203
and 204.]
(7) Cooperative research and technology deployment.--
The Secretary may conduct cooperative research and
technology deployment in coordination with Federal land
management agencies, as determined appropriate by the
Secretary.
(8) Funding.--
(A) In general.--To carry out the activities
described in this subsection for Federal lands
transportation facilities, Federal lands access
transportation facilities, and other federally
owned roads open to public travel (as that term
is defined in section 125(e)), the Secretary
shall combine and use not greater than 5
percent for each fiscal year of the funds
authorized for programs under sections 203 and
204.
(B) Other activities.--In addition to the
activities described in subparagraph (A), funds
described under that subparagraph may be used
for--
(i) bridge inspections on any
federally owned bridge even if that
bridge is not included on the inventory
described under section 203; and
(ii) transportation planning
activities carried out by Federal land
management agencies eligible for
funding under this chapter.
(C) Tribal data collection.--In addition to
the data to be collected under subparagraph
(A), not later than 90 days after the end of
each fiscal year, any entity carrying out a
project under the tribal transportation program
under section 202 shall submit to the Secretary
and the Secretary of Interior, based on
obligations and expenditures under the tribal
transportation program during the preceding
fiscal year, the following data:
(i) The names of projects or
activities carried out by the entity
under the tribal transportation program
during the preceding fiscal year.
(ii) A description of the projects or
activities identified under clause (i).
(iii) The current status of the
projects or activities identified under
clause (i).
(iv) An estimate of the number of
jobs created and the number of jobs
retained by the projects or activities
identified under clause (i).
* * * * * * *
Sec. 202. Tribal transportation program
(a) Use of Funds.--
(1) In general.--* * *
* * * * * * *
(6) Administrative expenses.--Of the funds authorized
to be appropriated for the tribal transportation
program, not more than [6 percent] 5 percent may be
used by the Secretary or the Secretary of the Interior
for program management and oversight and project-
related administrative expenses.
* * * * * * *
(b) Funds Distribution.--
(1) National tribal transportation facility
inventory.--* * *
* * * * * * *
(3) Basis for funding formula.--
(A) Basis.--
(i) In general.--After making the set
asides authorized under subparagraph
(C) and subsections (a)(6), (c), (d),
and (e) on October 1 of each fiscal
year, the Secretary shall distribute
the remainder authorized to be
appropriated for the tribal
transportation program under this
section among Indian tribes as follows:
* * * * * * *
(C) Tribal supplemental funding.--
(i) Tribal supplemental funding
amount.--Of funds made available for
each fiscal year for the tribal
transportation program, the Secretary
shall set aside the following amount
for a tribal supplemental program:
(I) If the amount made
available for the tribal
transportation program is less
than or equal to $275,000,000,
30 percent of such amount.
(II) If the amount made
available for the tribal
transportation program exceeds
$275,000,000--
(aa) $82,500,000;
plus
(bb) 12.5 percent of
the amount made
available for the
tribal transportation
program in excess of
$275,000,000.
(ii) Tribal supplemental
allocation.--The Secretary shall
distribute tribal supplemental funds as
follows:
(I) Distribution among
regions.--Of the amounts set
aside under clause (i), the
Secretary shall distribute to
each region of the Bureau of
Indian Affairs a share of
tribal supplemental funds in
proportion to the regional
total of tribal shares based on
the cumulative tribal shares of
all Indian tribes within such
region under subparagraph (B).
(II) Distribution within a
region.--Of the amount that a
region receives under subclause
(I), the Secretary shall
distribute tribal supplemental
funding among Indian tribes
within such region as follows:
(aa) Tribal
supplemental amounts.--
The Secretary shall
determine--
(AA) which such
Indian tribes would be
entitled under
subparagraph (A) to
receive in a fiscal
year less funding than
they would receive in
fiscal year 2011
pursuant to the
relative need
distribution factor and
population adjustment
factor, as described in
subpart C of part 170
of title 25, Code of
Federal Regulations (as
in effect on the date
of enactment of the
MAP-21); and
(BB) the combined
amount that such Indian
tribes would be
entitled to receive in
fiscal year 2011
pursuant to such
relative need
distribution factor and
population adjustment
factor in excess of the
amount that they would
be entitled to receive
in the fiscal year
under subparagraph (B).
(bb) Combined
amount.--Subject to
subclause (III), the
Secretary shall
distribute to each
Indian tribe that meets
the criteria described
in item (aa)(AA) a
share of funding under
this subparagraph in
proportion to the share
of the combined amount
determined under item
(aa)(BB) attributable
to such Indian tribe.
(III) Ceiling.--An Indian
tribe may not receive under
subclause (II) and based on its
tribal share under subparagraph
(A) a combined amount that
exceeds the amount that such
Indian tribe would be entitled
to receive in fiscal year 2011
pursuant to the relative need
distribution factor and
population adjustment factor,
as described in subpart C of
part 170 of title 25, Code of
Federal Regulations (as in
effect on the date of enactment
of the MAP-21).
(IV) Other amounts.--If the
amount made available for a
region under subclause (I)
exceeds the amount distributed
among Indian tribes within that
region under subclause (II),
the Secretary shall distribute
the remainder of such region's
funding under such subclause
among all Indian tribes in that
region in proportion to the
combined amount that each such
Indian tribe received under
subparagraph (A) and subclauses
(I), (II), and [(III).]]
(III)\2\
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\2\So in original. The closing bracket probably should not appear.
* * * * * * *
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(d) Tribal Transportation Facility Bridges.--
(1) Nationwide priority program.--The Secretary shall
maintain a nationwide priority program for improving
[deficient] bridges eligible for the tribal
transportation program.
(2) Funding.--Before making any distribution under
subsection (b), the Secretary shall set aside not more
than [2 percent] 3 percent of the funds made available
under the tribal transportation program for each fiscal
year to be allocated--
(A) to carry out any planning, design,
engineering, preconstruction, construction, and
inspection of a project to replace,
rehabilitate, seismically retrofit, paint,
apply calcium magnesium acetate, sodium
acetate/formate, or other environmentally
acceptable, minimally corrosive anti-icing and
deicing composition; or
(B) to implement any countermeasure for
[deficient] tribal transportation facility
bridges, including multiple-pipe culverts.
(3) Eligible bridges.--To be eligible to receive
funding under this subsection, a bridge described in
paragraph (1) shall--
(A) have an opening of not less than 20
feet[;] ;and
(B) be classified as a tribal transportation
facility[; and] .
[(C) be structurally deficient or functionally
obsolete.]
(4) Approval requirement.--The Secretary may make
funds available under this subsection for preliminary
engineering, construction, and construction engineering
activities after approval of required documentation and
verification of eligibility in accordance with this
title.
* * * * * * *
Sec. 203. Federal lands transportation program
(a) Use of Funds.--
(1) In general.--Funds made available under the
Federal lands transportation program shall be used by
the Secretary of Transportation and the Secretary of
the appropriate Federal land management agency to pay
the costs of--
(A) program administration, transportation
planning, research, preventive maintenance,
engineering, rehabilitation, restoration,
construction, and reconstruction of Federal
lands transportation facilities, and--
(i) adjacent vehicular parking areas;
(ii) acquisition of necessary scenic
easements and scenic or historic sites;
(iii) provision for pedestrians and
bicycles;
(iv) environmental mitigation in or
adjacent to Federal land open to the
public--
(I) to improve public safety
and reduce vehicle-caused
wildlife mortality while
maintaining habitat
connectivity; and
(II) to mitigate the damage
to wildlife, aquatic organism
passage, habitat, and ecosystem
connectivity, including the
costs of constructing,
maintaining, replacing, or
removing culverts and bridges,
as appropriate;
(v) construction and reconstruction
of roadside rest areas, including
sanitary and water facilities;
(vi) congestion mitigation; and
(vii) other appropriate public road
facilities, as determined by the
Secretary;
(B) [operation] capital, operations, and
maintenance of transit facilities;
(C) any transportation project eligible for
assistance under this title that is on a public
road within or adjacent to, or that provides
access to, Federal lands open to the public;
and
(D) not more 10,000,000 of the amounts made
available per fiscal year to carry out this
section for activities eligible under
[subparagraph (A)(iv)] subparagrapg (A)(iv)(I).
(2) Contract.--In connection with an activity
described in paragraph (1), the Secretary and the
Secretary of the appropriate Federal land management
agency may enter into a contract or other appropriate
agreement with respect to the activity with--
(A) a State (including a political
subdivision of a State); or
(B) an Indian tribe.
(3) Administration.--All appropriations for the
construction and improvement of Federal lands
transportation facilities shall be administered in
conformity with regulations and agreements jointly
approved by the Secretary and the Secretary of the
appropriate Federal land managing agency.
(4) Cooperation.--
(A) In general.--The cooperation of States,
counties, or other local subdivisions may be
accepted in construction and improvement.
(B) Funds received.--Any funds received from
a State, county, or local subdivision shall be
credited to appropriations available for the
class of Federal lands transportation
facilities to which the funds were contributed.
(5) Competitive bidding.--
(A) In general.--Subject to subparagraph (B),
construction of each project shall be performed
by contract awarded by competitive bidding.
(B) Exception.--Subparagraph (A) shall not
apply if the Secretary or the Secretary of the
appropriate Federal land management agency
affirmatively finds that, under the
circumstances relating to the project, a
different method is in the public interest.
(b) Agency Program Distributions.--
(1) In general.--On October 1, 2011, and on October 1
of each fiscal year thereafter, the Secretary shall
allocate the sums authorized to be appropriated for the
fiscal year for the Federal lands transportation
program on the basis of applications of need, as
determined by the Secretary--
(A) in consultation with the Secretaries of
the applicable Federal land management
agencies; and
(B) in coordination with the transportation
plans required under section 201 of the
respective transportation systems of--
(i) the National Park Service;
(ii) the Forest Service;
(iii) the United States Fish and
Wildlife Service;
(iv) the Corps of Engineers; [and]
(v) the Bureau of Land Management[.]
;
(vi) the Bureau of Reclamation; and
(vii) independent Federal agencies
with natural resource and land
management responsibilities.
(2) Applications.--
(A) Requirements.--Each application submitted
by a Federal land management agency shall
include proposed programs at various potential
funding levels, as defined by the Secretary
following collaborative discussions with
applicable Federal land management agencies.
(B) Consideration by Secretary.--In
evaluating an application submitted under
subparagraph (A), the Secretary shall consider
the extent to which the programs support
performance management, including--
(i) the transportation goals of--
(I) a state of good repair of
transportation facilities;
(II) a reduction of bridge
deficiencies, and\4\
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\4\So in original. The comma probably should be a semicolon.
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(III) an improvement of
safety;
(ii) high-use Federal recreational
sites or Federal economic generators;
and
(iii) the resource and asset
management goals of the Secretary of
the respective Federal land management
agency.
(C) Permissive contents.--Applications may
include proposed programs the duration of which
extend over a multiple-year period to support
long-term transportation planning and resource
management initiatives.
(c) National Federal Lands Transportation Facility
Inventory.--
(1) In general.--The Secretaries of the appropriate
Federal land management agencies, in cooperation with
the Secretary, shall maintain a comprehensive national
inventory of public Federal lands transportation
facilities.
(2) Transportation facilities included in the
inventories.--To identify the Federal lands
transportation system and determine the relative
transportation needs among Federal land management
agencies, the inventories shall include, at a minimum,
facilities that--
(A) provide access to high-use Federal
recreation sites or Federal economic
generators, as determined by the Secretary in
coordination with the respective Secretaries of
the appropriate Federal land management
agencies; and
(B) are owned by 1 of the following agencies:
(vi) The Bureau of Reclamation.
* * * * * * *
Sec. [213. Transportation alternatives
[(a) Reservation of Funds.--
[(1) In general.--On October 1 of each of fiscal
years 2013 and 2014, the Secretary shall proportionally
reserve from the funds apportioned to a State under
section 104(b) to carry out the requirements of this
section an amount equal to the amount obtained by
multiplying the amount determined under paragraph (2)
by the ratio that--
[(A) the amount apportioned to the State for
the transportation enhancements program for
fiscal year 2009 under section 133(d)(2), as in
effect on the day before the date of enactment
of the MAP-21; bears to
[(B) the total amount of funds apportioned to
all States for that fiscal year for the
transportation enhancements program for fiscal
year 2009.
[(2) Calculation of national amount.--The Secretary
shall determine an amount for each fiscal year that is
equal to 2 percent of the amounts authorized to be
appropriated for such fiscal year from the Highway
Trust Fund (other than the Mass Transit Account) to
carry out chapters 1, 2, 5, and 6 of this title.]
(a) Reservation of Funds.--
(1) In general.--On October 1 of each fiscal year,
the Secretary shall set aside from the amount
determined for a State under section 104(c) an amount
determined for the State under paragraphs (2) and (3).
(2) Total amount.--The total amount set aside for the
program under this section shall be $850,000,000 for
each fiscal year.
(3) State share.--The Secretary shall distribute
among the States the total set-aside amount under
paragraph (2) so that each State receives an amount
equal to the proportion that--
(A) the amount apportioned to the State for
the transportation enhancements program for
fiscal year 2009 under section 133(d)(2), as in
effect on the day before the date of enactment
of MAP-21 (Public Law 112-141; 126 Stat. 405);
bears to
(B) the total amount of funds apportioned to
all States for that fiscal year for the
transportation enhancements program for fiscal
year 2009.
* * * * * * *
(c) Allocations of Funds.--
(1) Calculation.--[Of the funds reserved in a State
under this section--
(A) 50 percent for a fiscal year shall be
obligated under this section] Funds reserved in
a State under this section shall be obligated
to any eligible entity in proportion to their
relative shares of the population of the
State--
[(i)] (A) in urbanized areas of the
State with an urbanized area population
of over 200,000;
[(ii)] (B) in areas of the State
other than urban areas with a
population [greater than 5,000] of
5,000 or more; and
[(iii)] (C) in other areas of the
State[; and] .
[(B) 50 percent shall be obligated in any
area of the State.]
(2) Metropolitan areas.--Funds attributed to an
urbanized area under [paragraph (1)(A)(i)] paragraph
(1)(A) may be obligated in the metropolitan area
established under section 134 that encompasses the
urbanized area.
(3) Distribution among urbanized areas of over
200,000 population.--
(A) In general.--[Except as provided in
paragraph (1)(B), the] The amount of funds that
a State is required to obligate under
[paragraph (1)(A)(i)] paragraph (1)(A) shall be
obligated in urbanized areas described in
[paragraph (1)(A)(i)] paragraph (1)(A) based on
the relative population of the areas.
* * * * * * *
(4) Access to funds.--
(A) In general.--Each State or metropolitan
planning organization required to obligate
funds in accordance with paragraph (1) shall
develop a competitive process to allow eligible
entities to submit projects for funding that
achieve the objectives of this subsection.
(B) Definition of eligible entity.--In this
paragraph, the term ``eligible entity'' means--
(i) a local government;
(ii) a regional transportation
authority;
(iii) a transit agency;
(iv) a natural resource or public
land agency;
(v) a school district, local
education agency, or school;
(vi) a tribal government; [and]
(vii) a nonprofit entity responsible
for the administration of local
transportation safety programs; and
[(vii)] (viii) any other local or
regional governmental entity with
responsibility for or oversight of
transportation or recreational trails
(other than a metropolitan planning
organization or a State agency) that
the State determines to be eligible,
consistent with the goals of this
subsection.
(5) Selection of projects.--[For funds reserved]
(A) In general.--For funds reserved in a
State under this section and suballocated to a
metropolitan planning area under [paragraph
(1)(A)(i)] paragraph (1)(A), each such
metropolitan planning organization shall select
projects carried out within the boundaries of
the applicable metropolitan planning area, in
consultation with the relevant State.
(B) No restriction on suballocation.--Nothing
in this section prevents a metropolitan
planning organization from further
suballocating funds within the boundaries of
the metropolitan planning area if a competitive
process is implemented for the award of the
suballocated funds.
* * * * * * *
(g) State Flexibility.--A State may opt out of the
recreational trails program under subsection (f) if the
Governor of the State notifies the Secretary not later than 30
days prior to apportionments being made for any fiscal year.
(h) Annual Reports.--
(1) In general.--Each State or metropolitan planning
organization responsible for carrying out the
requirements of this section shall submit to the
Secretary an annual report that describes--
(A) the number of project applications
received for each fiscal year, including--
(i) the aggregate cost of the
projects for which applications are
received; and
(ii) the types of project to be
carried out (as described in subsection
(b)), expressed as percentages of the
total apportionment of the State under
subsection (a); and
(B) the number of projects selected for
funding for each fiscal year, including the
aggregate cost and location of projects
selected.
(2) Public availability.--The Secretary shall make
available to the public, in a user-friendly format on
the website of the Department, a copy of each annual
report submitted under paragraph (1).
(i) Expediting Infrastructure Projects.--
(1) In general.--Not later than 1 year after the date
of enactment of this subsection, the Secretary shall
develop regulations or guidance relating to the
implementation of this section that encourages the use
of the programmatic approaches to environmental
reviews, expedited procurement techniques, and other
best practices to facilitate productive and timely
expenditure for projects that are small, low-impact,
and constructed within an existing built environment.
(2) State processes.--The Secretary shall work with
State departments of transportation to ensure that any
regulation or guidance developed under paragraph (1) is
consistently implemented by States and the Federal
Highway Administration to avoid unnecessary delays in
implementing projects and to ensure the effective use
of Federal dollars.
* * * * * * *
Sec. 217. Bicycle transportation and pedestrian walkways
(a) Use of STP and Congestion Mitigation Program Funds.--
Subject to project approval by the Secretary, a State may
obligate funds apportioned to it under sections 104(b)(2) and
[104(b)(3)] 104(b)(4) of this title for construction of
pedestrian walkways and bicycle transportation facilities and
for carrying out nonconstruction projects related to safe
bicycle use.
* * * * * * *
Sec. 319. Landscaping and scenic enhancement
(a) Landscape and Roadside Development.--The Secretary may
approve as a part of the construction of Federal-aid highways
the costs of landscape and roadside development, including
acquisition and development of publicly owned and controlled
rest and recreation areas and sanitary and other facilities
reasonably necessary to accommodate the traveling public, and
for acquisition of interests in and improvement of strips of
land necessary for the restoration, preservation, and
enhancement of scenic beauty (including the enhancement of
habitat and forage for pollinators) adjacent to such highways.
(b) Planting of Wildflowers.--
(1) General rule.--The Secretary shall require the
planting of native wildflower seeds or seedlings, or
both, as part of any landscaping project under this
section. At least 1/4 of 1 percent of the funds
expended for such landscaping project shall be used for
such plantings.
(2) Waiver.--The requirements of this subsection may
be waived by the Secretary if a State certifies that
native wildflowers or seedlings cannot be grown
satisfactorily or planting areas are limited or
otherwise used for agricultural purposes.
(3) Gifts.--Nothing in this subsection shall be
construed to prohibit the acceptance of native
wildflower seeds or seedlings donated by civic
organizations or other organizations and individuals to
be used in landscaping projects.
(c) Encouragement of Pollinator Habitat and Forage
Development and Protection on Transportation Rights-of-way.--In
carrying out any program administered by the Secretary under
this title, the Secretary shall, in conjunction with willing
States, as appropriate--
(1) encourage integrated vegetation management
practices on roadsides and other transportation rights-
of-way, including reduced mowing; and
(2) encourage the development of habitat and forage
for Monarch butterflies, other native pollinators, and
honey bees through plantings of native forbs and
grasses, including noninvasive, native milkweed species
that can serve as migratory way stations for
butterflies and facilitate migrations of other
pollinators.
* * * * * * *
Sec. 326. State assumption of responsibility for categorical exclusions
(a) Categorical Exclusion Determinations.--
(1) In general.--The Secretary may assign, and a
State may assume, responsibility for determining
whether certain designated activities are included
within classes of action identified in regulation by
the Secretary that are categorically excluded from
requirements for environmental assessments or
environmental impact statements pursuant to regulations
promulgated by the Council on Environmental Quality
under part 1500 of title 40, Code of Federal
Regulations (as in effect on October 1, 2003).
(2) Scope of authority.--A determination described in
paragraph (1) shall be made by a State in accordance
with criteria established by the Secretary and only for
types of activities specifically designated by the
Secretary.
(3) Criteria.--The criteria under paragraph (2) shall
include provisions for public availability of
information consistent with section 552 of title 5 and
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(4) Preservation of flexibility.--The Secretary shall
not require a State, as a condition of assuming
responsibility under this section, to forego project
delivery methods that are otherwise permissible for
highway projects.
(b) Other Applicable Federal Laws.--
(1) In general.--If a State assumes responsibility
under subsection (a), the Secretary may also assign and
the State may assume all or part of the
responsibilities of the Secretary for environmental
review, consultation, or other related actions required
under any Federal law applicable to activities that are
classified by the Secretary as categorical exclusions,
with the exception of government-to-government
consultation with Indian tribes, subject to the same
procedural and substantive requirements as would be
required if that responsibility were carried out by the
Secretary.
(2) Sole responsibility.--A State that assumes
responsibility under paragraph (1) with respect to a
Federal law shall be solely responsible and solely
liable for complying with and carrying out that law,
and the Secretary shall have no such responsibility or
liability.
(c) Memoranda of Understanding.--
(1) In general.--The Secretary and the State, after
providing public notice and opportunity for comment,
shall enter into a memorandum of understanding setting
forth the responsibilities to be assigned under this
section and the terms and conditions under which the
assignments are made, including establishment of the
circumstances under which the Secretary would reassume
responsibility for categorical exclusion
determinations.
(2) Assistance to states.--On request of a Governor
of a State, the Secretary shall provide to the State
technical assistance, training, or other support
relating to--
(A) assuming responsibility under subsection
(a);
(B) developing a memorandum of understanding
under this subsection; or
(C) addressing a responsibility in need of
corrective action under subsection (d)(1)(B).
[(2)[ (3) Term.--A memorandum of understanding--
(A) shall have a term of not more than 3
years; and
(B) shall be renewable.
[(3)] (4) Acceptance of jurisdiction.--In a
memorandum of understanding, the State shall consent to
accept the jurisdiction of the Federal courts for the
compliance, discharge, and enforcement of any
responsibility of the Secretary that the State assumes.
[(4)] (5) Monitoring.--The Secretary shall--
(A) monitor compliance by the State with the
memorandum of understanding and the provision
by the State of financial resources to carry
out the memorandum of understanding; and
(B) take into account the performance by the
State when considering renewal of the
memorandum of understanding.
(d) Termination.--
[(1) Termination by the Secretary.--The Secretary may
terminate any assumption of responsibility under a
memorandum of understanding on a determination that the
State is not adequately carrying out the
responsibilities assigned to the State.]
(1) Termination by secretary.--The Secretary may
terminate the participation of any State in the
program, if--
(A) the Secretary determines that the State
is not adequately carrying out the
responsibilities assigned to the State;
(B) the Secretary provides to the State--
(i) a notification of the
determination of noncompliance;
(ii) a period of not less than 120
days to take such corrective action as
the Secretary determines to be
necessary to comply with the applicable
agreement; and
(iii) on request of the Governor of
the State, a detailed description of
each responsibility in need of
corrective action regarding an
inadequacy identified under
subparagraph (A); and
(C) the State, after the notification and
period described in clauses (i) and (ii) of
subparagraph (B), fails to take satisfactory
corrective action, as determined by the
Secretary.
* * * * * * *
Sec. 327. Surface transportation project delivery program
(a) Establishment.--
(1) In general.--The Secretary shall carry out a
surface transportation project delivery program
(referred to in this section as the ``program'').
(2) Assumption of responsibility.--
(A) In general.--Subject to the other
provisions of this section, with the written
agreement of the Secretary and a State, which
may be in the form of a memorandum of
understanding, the Secretary may assign, and
the State may assume, the responsibilities of
the Secretary with respect to one or more
highway projects within the State under the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(B) Additional responsibility.--If a State
assumes responsibility under subparagraph (A)--
(i) the Secretary may assign to the
State, and the State may assume, all or
part of the responsibilities of the
Secretary for environmental review,
consultation, or other action required
under any Federal environmental law
pertaining to the review or approval of
a specific project;
(ii) at the request of the State, the
Secretary may also assign to the State,
and the State may assume, the
responsibilities of the Secretary with
respect to 1 or more railroad, public
transportation, or multimodal projects
within the State under the National
Environmental Policy Act of 1969 [(42
U.S.C. 4321 et seq.)] (42 U.S.C. 4321
et seq.);
(iii) in a State that has assumed the
responsibilities of the Secretary under
clause (ii), a recipient of assistance
under chapter 53 of title 49 may
request that the Secretary maintain the
responsibilities of the Secretary with
respect to 1 or more public
transportation projects within the
State under the National Environmental
Policy Act of 1969 (42 U.S.C. 13\1\
4321 et seq.); but
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\1\So in original.
* * * * * * *
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(j) Termination.--
[(1) Termination by the Secretary.--The Secretary may
terminate the participation of any State in the program
if--
[(A) the Secretary determines that the State
is not adequately carrying out the
responsibilities assigned to the State;
[(B) the Secretary provides to the State--
[(i) notification of the
determination of noncompliance; and
[(ii) a period of at least 30 days
during which to take such corrective
action as the Secretary determines is
necessary to comply with the applicable
agreement; and
[(C) the State, after the notification and
period provided under subparagraph (B), fails
to take satisfactory corrective action, as
determined by the Secretary.]
(1) Termination by secretary.--The Secretary may
terminate the participation of any State in the program
if--
(A) the Secretary determines that the State
is not adequately carrying out the
responsibilities assigned to the State;
(B) the Secretary provides to the State--
(i) a notification of the
determination of noncompliance;
(ii) a period of not less than 120
days to take such corrective action as
the Secretary determines to be
necessary to comply with the applicable
agreement; and
(iii) on request of the Governor of
the State, a detailed description of
each responsibility in need of
corrective action regarding an
inadequacy identified under
subparagraph (A); and
(C) the State, after the notification and
period provided under subparagraph (B), fails
to take satisfactory corrective action, as
determined by the Secretary.
* * * * * * *
Sec. 329. Eligibility for control of noxious weeds and aquatic noxious
weeds and establishment of native species
(a) In General.--In accordance with all applicable Federal
law (including regulations), funds made available to carry out
this section may be used for the following activities if such
activities are related to transportation projects funded under
this title:
(1) Establishment of plants selected by State and
local transportation authorities to perform one or more
of the following functions: abatement of stormwater
runoff, stabilization of soil, provision of habitat,
forage, and migratory way stations for Monarch
butterflies, other native pollinators, and honey
bees,and aesthetic enhancement.
* * * * * * *
Sec. 503. Research and technology development and deployment
(a) In General.--The Secretary shall--
(1) carry out research, development, and deployment
activities that encompass the entire innovation
lifecycle; and
(2) ensure that all research carried out under this
section aligns with the transportation research and
development strategic plan of the Secretary under
section 508.
(b) Highway Research and Development Program.--
(1) Objectives.--* * *
* * * * * * *
(3) Improving infrastructure integrity.--
(A) In general.--The Secretary shall carry
out and facilitate highway and bridge
infrastructure research and development
activities--
(i) to maintain infrastructure
integrity;
(ii) to meet user needs; and
(iii) to link Federal transportation
investments to improvements in system
performance.
(B) Objectives.--In carrying out this
paragraph, the Secretary shall carry out
research and development activities--
(i) to reduce the number of
fatalities attributable to
infrastructure design characteristics
and work zones;
(ii) to improve the safety and
security of highway infrastructure;
(iii) to increase the reliability of
lifecycle performance predictions used
in infrastructure design, construction,
and management;
(iv) to improve the ability of
transportation agencies to deliver
projects that meet expectations for
timeliness, quality, and cost;
(v) to reduce user delay attributable
to infrastructure system performance,
maintenance, rehabilitation, and
construction;
(vi) to improve highway condition and
performance through increased use of
design, materials, construction, and
maintenance innovations;
(vii) to reduce the environmental
impacts of highway infrastructure
through innovations in design,
construction, operation, preservation,
and maintenance; and
(viii) to study vulnerabilities of
the transportation system to seismic
activities and extreme events and
methods to reduce those
vulnerabilities.
(C) Contents.--Research and technology
activities carried out under this paragraph may
include--
(i) long-term infrastructure
performance programs addressing
pavements, bridges, tunnels, and other
structures;
(ii) short-term and accelerated
studies of infrastructure performance;
(iii) research to develop more
durable infrastructure materials and
systems;
(iv) advanced infrastructure design
methods;
(v) accelerated highway and bridge
construction;
(vi) performance-based
specifications;
(vii) construction and materials
quality assurance;
(viii) comprehensive and integrated
infrastructure asset management;
(ix) infrastructure safety assurance;
(x) sustainable infrastructure design
and construction;
(xi) infrastructure rehabilitation
and preservation techniques, including
techniques to rehabilitate and preserve
historic infrastructure;
(xii) hydraulic, geotechnical, and
aerodynamic aspects of infrastructure;
(xiii) improved highway construction
technologies and practices;
(xiv) improved tools, technologies,
and models for infrastructure
management, including assessment and
monitoring of infrastructure condition;
(xv) studies to improve flexibility
and resiliency of infrastructure
systems to withstand climate
variability;
(xvi) studies on the effectiveness of
fiber-based additives to improve the
durability of surface transportation
materials in various geographic
regions;
(xvii) studies of infrastructure
resilience and other adaptation
measures;
(xviii) maintenance of seismic
research activities, including research
carried out in conjunction with other
Federal agencies to study the
vulnerability of the transportation
system to seismic activity and methods
to reduce that vulnerability; [and]
(xix) technology transfer and
adoption of permeable, pervious, or
porous paving materials, practices, and
systems that are designed to minimize
environmental impacts, stormwater
runoff, and flooding and to treat or
remove pollutants by allowing
stormwater to infiltrate through the
pavement in a manner similar to
predevelopment hydrologic conditions[.]
;and
(xx) accelerated mobile, highway-
speed, bridge inspection methods that
provide quantitative data-driven
decisionmaking capabilities without
requiring lane closures.
(D) Lifecycle costs analysis study.--
(i) In general.--In this subparagraph
and section 119(e), the term
``lifecycle costs analysis'' means a
process for evaluating the total
economic worth of a usable project
segment by analyzing initial costs and
discounted future costs, such as
maintenance, user, reconstruction,
rehabilitation, restoring, and
resurfacing costs, over the life of the
project segment.
* * * * * * *
(c) Technology and Innovation Deployment Program.--
(1) In general.--The Secretary shall [carry out]
establish and implement a technology and innovation
deployment program relating to all aspects of highway
transportation, including planning, financing,
operation, structures, materials, pavements,
environment, construction, and the duration of time
between project planning and project delivery, with the
goals of--
(A) significantly accelerating the adoption
of innovative technologies by the surface
transportation community;
(B) providing leadership and incentives to
demonstrate and promote state-of-the-art
technologies, elevated performance standards,
and new business practices in highway
construction processes that result in improved
safety, faster construction, reduced congestion
from construction, and improved quality and
user satisfaction;
* * * * * * *
(2) Implementation.--
(A) In general.--The Secretary shall promote,
facilitate, and carry out the program
established under paragraph (1) * * *
* * * * * * *
(B) Accelerated innovation deployment.--In
carrying out the program established under
paragraph (1), the Secretary shall--
[(i) establish and carry out
demonstration programs;]
(i) use not less than 50 percent of
the funds authorized to carry out this
subsection to make grants to, and enter
into cooperative agreements and
contracts with, States, other Federal
agencies, local governments,
metropolitan planning organizations,
institutions of higher education,
private sector entities, and nonprofit
organizations to carry out
demonstration programs that will
accelerate the deployment and adoption
of transportation research activities;
(ii) provide technical assistance,
and training to researchers and
developers; and
(iii) develop improved tools and
methods to accelerate the adoption of
proven innovative practices and
technologies as standard practices.
(C) Innovation grants.--
(i) In general.--In carrying out the
program established under subparagraph
(B)(i), the Secretary shall establish a
transparent competitive process in
which entities described in
subparagraph (B)(i) may submit an
application to receive a grant under
this subsection.
(ii) Publication of application
process.--A description of the
application process established by the
Secretary shall--
(I) be posted on a public
website;
(II) identify the information
required to be included in the
application; and
(III) identify the criteria
by which the Secretary shall
select grant recipients.
(iii) Submission of application.--To
receive a grant under this paragraph,
an entity described in subparagraph
(B)(i) shall submit an application to
the Secretary.
(iv) Selection and approval.--The
Secretary shall select and approve an
application submitted under clause
(iii) based on whether the project
described in the application meets the
goals of the program described in
paragraph (1).
[(C)] (D) Implementation of future strategic
highway research program findings and
results.--
(i) In general.--The Secretary, in
consultation with the American
Association of State Highway and
Transportation Officials and the
Transportation Research Board of the
National Academy of Sciences, shall
promote research results and products
developed under the future strategic
highway research program administered
by the Transportation Research Board of
the National Academy of Sciences.
(ii) Basis for findings.--The
activities carried out under this
subparagraph shall be based on the
report submitted to Congress by the
Transportation Research Board of the
National Academy of Sciences under
section 510(e).
(iii) Personnel.--The Secretary may
use funds made available to carry out
this subsection for administrative
costs under this subparagraph.
* * * * * * *
(3) Accelerated implementation and deployment of
pavement technologies.--
(A) In general.--The Secretary shall
establish and implement a program under the
technology and innovation deployment program to
promote, implement, deploy, demonstrate,
showcase, support, and document the application
of innovative pavement technologies, practices,
performance, and benefits.
(B) Goals.--The goals of the accelerated
implementation and deployment of pavement
technologies program shall include--
(i) the deployment of new, cost-
effective designs, materials, recycled
materials, and practices to extend the
pavement life and performance and to
improve user satisfaction;
(ii) the reduction of initial costs
and lifecycle costs of pavements,
including the costs of new
construction, replacement, maintenance,
and rehabilitation;
(iii) the deployment of accelerated
construction techniques to increase
safety and reduce construction time and
traffic disruption and congestion;
(iv) the deployment of engineering
design criteria and specifications for
new and efficient practices, products,
and materials for use in highway
pavements;
(v) the deployment of new
nondestructive and real-time pavement
evaluation technologies and
construction techniques; and
(vi) effective technology transfer
and information dissemination to
accelerate implementation of new
technologies and to improve life,
performance, cost effectiveness,
safety, and user satisfaction.
(C) Funding.--The Secretary shall obligate
for [each of fiscal years 2013 through 2014]
each fiscal year from funds made available to
carry out this subsection $12,000,000 to
accelerate the deployment and implementation of
pavement technology.
* * * * * * *
Sec. 504. Training and education
(a) National Highway Institute.--
(1) In general.--The Secretary shall operate in the
Federal Highway Administration a National Highway
Institute (in this subsection referred to as the
``Institute''). The Secretary shall administer, through
the Institute, the authority vested in the Secretary by
this title or by any other law for the development and
conduct of education and training programs relating to
highways.
(2) Duties of the institute.--In cooperation with
State transportation departments, United States
industry, and any national or international entity, the
Institute shall develop and administer education and
training programs of instruction for--
(A) Federal Highway Administration, State,
and local transportation agency employees and
the employees of any other applicable Federal
agency;
(B) regional, State, and metropolitan
planning organizations;
(C) State and local police, public safety,
and motor vehicle employees; and
(D) United States citizens and foreign
nationals engaged or to be engaged in surface
transportation work of interest to the United
States.
(3) Courses.--
(A) In general.--The Institute shall--
(i) develop or update existing
courses in asset management, including
courses that include such components
as--
(I) the determination of
life-cycle costs;
(II) the valuation of assets;
(III) benefit-to-cost ratio
calculations; and
(IV) objective decisionmaking
processes for project
selection; and
(ii) continually develop courses
relating to the application of emerging
technologies for--
(I) transportation
infrastructure applications and
asset management;
(II) intelligent
transportation systems;
(III) operations (including
security operations);
(IV) the collection and
archiving of data;
(V) reducing the amount of
time required for the planning
and development of
transportation projects; and
(VI) the intermodal movement
of individuals and freight.
(B) Additional courses.--In addition to the
courses developed under subparagraph (A), the
Institute, in consultation with State
transportation departments, metropolitan
planning organizations, and the American
Association of State Highway and Transportation
Officials, may develop courses relating to
technology, methods, techniques, engineering,
construction, safety, maintenance,
environmental mitigation and compliance,
regulations, management, inspection, and
finance.
(C) Revision of courses offered.--The
Institute shall periodically--
(i) review the course inventory of
the Institute; and
(ii) revise or cease to offer courses
based on course content, applicability,
and need.
(4) Set-aside; federal share.--Not to exceed 1/2 of 1
percent of the funds apportioned to a State under
section [104(b)(3)] 104(b)(2) for the surface
transportation program shall be available for
expenditure by the State transportation department for
the payment of not to exceed 80 percent of the cost of
tuition and direct educational expenses (excluding
salaries) in connection with the education and training
of employees of State and local transportation agencies
in accordance with this subsection.
* * * * * * *
Sec. 505. State planning and research
(a) General Rule.--Two percent of the sums apportioned to a
State for fiscal year 1998 and each fiscal year thereafter
under paragraphs (1) [through (4)] through (5) of section
104(b) shall be available for expenditure by the State, in
consultation with the Secretary, only for the following
purposes:
* * * * * * *
(c) Implementation of Future Strategic Highway Research
Program Findings and Results.--
(1) Funds.--A State shall make available to the
Secretary to carry out [section 503(c)(2)(C)] section
503(c)(2)(D) a percentage of funds subject to
subsection (a) that are apportioned to that State, that
is agreed to by \3/4\ of States for each of fiscal
years 2013 and 2014.
* * * * * * *
Sec. 513. Use of funds for ITS activities
(a) Definitions.--In this section, the following definitions
apply:
(1) Eligible entity.--The term ``eligible entity''
means a State or local government, tribal government,
transit agency, public toll authority, metropolitan
planning organization, other political subdivision of a
State or local government, or a multistate or
multijurisdictional group applying through a single
lead applicant.
(2) Multijurisdictional group.--The term
``multijurisdictional group'' means a combination of
State governments, local governments, metropolitan
planning agencies, transit agencies, or other political
subdivisions of a State that--
(A) * * *
* * * * * * *
(d) System Operations and ITS Deployment Grant Program.--
(1) Establishment.--The Secretary shall establish a
competitive grant program to accelerate the deployment,
operation, systems management, intermodal integration,
and interoperability of the ITS program and ITS-enabled
operational strategies--
(A) to measure and improve the performance of
the surface transportation system;
(B) to reduce traffic congestion and the
economic and environmental impacts of traffic
congestion;
(C) to minimize fatalities and injuries;
(D) to enhance mobility of people and goods;
(E) to improve traveler information and
services; and
(F) to optimize existing roadway capacity.
(2) Application.--To be eligible for a grant under
this subsection, an eligible entity shall submit an
application to the Secretary that includes--
(A) a plan to deploy and provide for the
long-term operation and maintenance of
intelligent transportation systems to improve
safety, efficiency, system performance, and
return on investment, such as--
(i) autonomous vehicle, vehicle-to-
vehicle, and vehicle-to-infrastructure
communication technologies;
(ii) real-time integrated traffic,
transit, and multimodal transportation
information;
(iii) advanced traffic, freight,
parking, and incident management
systems;
(iv) advanced technologies to improve
transit and commercial vehicle
operations;
(v) synchronized, adaptive, and
transit preferential traffic signals;
(vi) advanced infrastructure
condition assessment technologies; and
(vii) other technologies to improve
system operations, including ITS
applications necessary for multimodal
systems integration and for achieving
performance goals;
(B) quantifiable system performance
improvements, including--
(i) reductions in traffic-related
crashes, congestion, and costs;
(ii) optimization of system
efficiency; and
(iii) improvement of access to
transportation services;
(C) quantifiable safety, mobility, and
environmental benefit projections, including
data-driven estimates of the manner in which
the project will improve the efficiency of the
transportation system and reduce traffic
congestion in the region;
(D) a plan for partnering with the private
sector, including telecommunications industries
and public service utilities, public agencies
(including multimodal and multijurisdictional
entities), research institutions, organizations
representing transportation and technology
leaders, and other transportation stakeholders;
(E) a plan to leverage and optimize existing
local and regional ITS investments; and
(F) a plan to ensure interoperability of
deployed technologies with other tolling,
traffic management, and intelligent
transportation systems.
(3) Selection.--
(A) In general.--Effective beginning not
later than 1 year after the date of enactment
of the DRIVE Act, the Secretary may provide
grants to eligible entities under this
subsection.
(B) Geographic diversity.--In awarding a
grant under this subsection, the Secretary
shall ensure, to the maximum extent
practicable, that grant recipients represent
diverse geographical areas of the United
States, including urban, suburban, and rural
areas.
(C) Non-federal share.--In awarding a grant
under the subsection, the Secretary shall give
priority to grant recipients that demonstrate
an ability to contribute a significant non-
Federal share to the cost of carrying out the
project for which the grant is received.
(4) Eligible uses.--Projects for which grants awarded
under this subsection may be used include--
(A) the deployment of autonomous vehicle,
vehicle-to-vehicle, and vehicle-to-
infrastructure communication technologies;
(B) the establishment and implementation of
ITS and ITS-enabled operations strategies that
improve performance in the areas of--
(i) traffic operations;
(ii) emergency response to surface
transportation incidents;
(iii) incident management;
(iv) transit and commercial vehicle
operations improvements;
(v) weather event response management
by State and local authorities;
(vi) surface transportation network
and facility management;
(vii) construction and work zone
management;
(viii) traffic flow information;
(ix) freight management; and
(x) congestion management;
(C) carrying out activities that support the
creation of networks that link metropolitan and
rural surface transportation systems into an
integrated data network, capable of collecting,
sharing, and archiving transportation system
traffic condition and performance information;
(D) the implementation of intelligent
transportation systems and technologies that
improve highway safety through information and
communications systems linking vehicles,
infrastructure, mobile devices, transportation
users, and emergency responders;
(E) the provision of services necessary to
ensure the efficient operation and management
of ITS infrastructure, including costs
associated with communications, utilities,
rent, hardware, software, labor, administrative
costs, training, and technical services;
(F) the provision of support for the
establishment and maintenance of institutional
relationships between transportation agencies,
police, emergency medical services, private
emergency operators, freight operators,
shippers, public service utilities, and
telecommunications providers;
(G) carrying out multimodal and cross-
jurisdictional planning and deployment of
regional transportation systems operations and
management approaches; and
(H) performing project evaluations to
determine the costs, benefits, lessons learned,
and future deployment strategies associated
with the deployment of intelligent
transportation systems.
(5) Report to secretary.--For each fiscal year that
an eligible entity receives a grant under this
subsection, not later than 1 year after receiving the
grant, each recipient shall submit to the Secretary a
report that describes how the project has met the
expectations projected in the deployment plan submitted
with the application, including information on--
(A) how the program has helped reduce traffic
crashes, congestion, costs, and other benefits
of the deployed systems;
(B) the effect of measuring and improving
transportation system performance through the
deployment of advanced technologies;
(C) the effectiveness of providing real-time
integrated traffic, transit, and multimodal
transportation information to the public that
allows the public to make informed travel
decisions; and
(D) lessons learned and recommendations for
future deployment strategies to optimize
transportation efficiency and multimodal system
performance.
(6) Report to congress.--Not later than 2 years after
the date on which the first grant is awarded under this
subsection and annually thereafter for each fiscal year
for which grants are awarded under this subsection, the
Secretary shall submit to Congress a report that
describes the effectiveness of the grant recipients in
meeting the projected deployment plan goals, including
data on how the grant program has--
(A) reduced traffic-related fatalities and
injuries;
(B) reduced traffic congestion and improved
travel-time reliability;
(C) reduced transportation-related emissions;
(D) optimized multimodal system performance;
(E) improved access to transportation
alternatives;
(F) provided the public with access to real-
time integrated traffic, transit, and
multimodal transportation information to make
informed travel decisions;
(G) provided cost savings to transportation
agencies, businesses, and the traveling public;
and
(H) provided other benefits to transportation
users and the general public.
(7) Additional grants.--If the Secretary determines,
based on a report submitted under paragraph (5), that a
grant recipient is not complying with the established
grant criteria, the Secretary may--
(A) cease payment to the recipient of any
remaining grant amounts; and
(B) redistribute any remaining amounts to
other eligible entities under this section.
(8) Non-federal share.--The Federal share of the cost
of a project for which a grant is provided under this
subsection shall not exceed 50 percent of the cost of
the project.
(9) Funding.--Of the funds made available each fiscal
year to carry out the intelligent transportation system
program under sections 512 through 518, not less than
$30,000,000 shall be used to carry out this subsection.
* * * * * * *
Sec. 514. Goals and purposes
(a) Goals.--The goals of the intelligent transportation
system program include--
(1) enhancement of surface transportation efficiency
and facilitation of intermodalism and international
trade to enable existing facilities to meet a
significant portion of future transportation needs,
including public access to employment, goods, and
services and to reduce regulatory, financial, and other
transaction costs to public agencies and system users;
(2) achievement of national transportation safety
goals, including enhancement of safe operation of motor
vehicles and nonmotorized vehicles and improved
emergency response to collisions, with particular
emphasis on decreasing the number and severity of
collisions;
(3) protection and enhancement of the natural
environment and communities affected by surface
transportation, with particular emphasis on assisting
State and local governments to achieve national
environmental goals;
(4) accommodation of the needs of all users of
surface transportation systems, including operators of
commercial motor vehicles, passenger motor vehicles,
motorcycles, bicycles, and pedestrians (including
individuals with disabilities); [and]
[(5) enhancement of national defense mobility and
improvement of the ability of the United States to
respond to security-related or other manmade
emergencies and natural disasters.
[(b) Purposes.--The Secretary shall implement activities
under the intelligent transportation system program, at a
minimum--
[(1) to expedite, in both metropolitan and rural
areas, deployment and integration of intelligent
transportation systems for consumers of passenger and
freight transportation;
[(2) to ensure that Federal, State, and local
transportation officials have adequate knowledge of
intelligent transportation systems for consideration in
the transportation planning process;
[(3) to improve regional cooperation and operations
planning for effective intelligent transportation
system deployment;
[(4) to promote the innovative use of private
resources in support of intelligent transportation
system development;
[(5) to facilitate, in cooperation with the motor
vehicle industry, the introduction of vehicle-based
safety enhancing systems;
[(6) to support the application of intelligent
transportation systems that increase the safety and
efficiency of commercial motor vehicle operations;
[(7) to develop a workforce capable of developing,
operating, and maintaining intelligent transportation
systems;
[(8) to provide continuing support for operations and
maintenance of intelligent transportation systems; and
[(9) to ensure a systems approach that includes
cooperation among vehicles, infrastructure, and users.]
(5) improvement of the ability of the United States
to respond to security-related or other manmade
emergencies and natural disasters; and
(6) enhancement of the freight system of the United
States and support to freight policy goals by
conducting heavy duty vehicle demonstration activities
and accelerating adoption of ITS applications in
freight operations.
* * * * * * *
Sec. 515. General authorities and requirements
(a) Scope.--Subject to the provisions of [this chapter]
sections 512 through 518, the Secretary shall conduct an
ongoing intelligent transportation system program--
(1) to research, develop, and operationally test
intelligent transportation systems; and
(2) to provide technical assistance in the nationwide
application of those systems as a component of the
surface transportation systems of the United States.
(b) Policy.--Intelligent transportation system research
projects and operational tests funded pursuant to [this
chapter] sections 512 through 518 shall encourage and not
displace public-private partnerships or private sector
investment in those tests and projects.
(c) Cooperation With Governmental, Private, and Educational
Entities.--The Secretary shall carry out the intelligent
transportation system program in cooperation with State and
local governments and other public entities, the private sector
firms of the United States, the Federal laboratories, and
institutions of higher education, including historically Black
colleges and universities and other minority institutions of
higher education.
(d) Consultation With Federal Officials.--In carrying out the
intelligent transportation system program, the Secretary shall
consult with the heads of other Federal agencies, as
appropriate.
(e) Technical Assistance, Training, and Information.--The
Secretary may provide technical assistance, training, and
information to State and local governments seeking to
implement, operate, maintain, or evaluate intelligent
transportation system technologies and services.
(f) Transportation Planning.--The Secretary may provide
funding to support adequate consideration of transportation
systems management and operations, including intelligent
transportation systems, within metropolitan and statewide
transportation planning processes.
(g) Information Clearinghouse.--
(1) In general.--The Secretary shall--
(A) maintain a repository for technical and
safety data collected as a result of federally
sponsored projects carried out under [this
chapter] sections 512 through 518; and
(B) make, on request, that information
(except for proprietary information and data)
readily available to all users of the
repository at an appropriate cost.
(2) Agreement.--
(A) In general.--The Secretary may enter into
an agreement with a third party for the
maintenance of the repository for technical and
safety data under paragraph (1)(A).
(B) Federal financial assistance.--If the
Secretary enters into an agreement with an
entity for the maintenance of the repository,
the entity shall be eligible for Federal
financial assistance under [this section]
sections 512 through 518.
(3) Availability of information.--Information in the
repository shall not be subject to sections 552 and 555
of title 5, United States Code.
(h) Advisory Committee.--
(1) In general.--The Secretary shall establish an
Advisory Committee to advise the Secretary on carrying
out [this chapter] sections 512 through 518.
(2) Membership.--The Advisory Committee shall have no
more than 20 members, be balanced between metropolitan
and rural interests, and include, at a minimum--
(A) a representative from a State highway
department;
(B) a representative from a local highway
department who is not from a metropolitan
planning organization;
(C) a representative from a State, local, or
regional transit agency;
(D) a representative from a metropolitan
planning organization;
(E) a private sector user of intelligent
transportation system technologies;
(F) an academic researcher with expertise in
computer science or another information science
field related to intelligent transportation
systems, and who is not an expert on
transportation issues;
(G) an academic researcher who is a civil
engineer;
(H) an academic researcher who is a social
scientist with expertise in transportation
issues;
(I) a representative from a nonprofit group
representing the intelligent transportation
system industry;
(J) a representative from a public interest
group concerned with safety;
(K) a representative from a public interest
group concerned with the impact of the
transportation system on land use and
residential patterns; and
(L) members with expertise in planning,
safety, telecommunications, utilities, and
operations.
(3) Duties.--The Advisory Committee shall, at a
minimum, perform the following duties:
(A) Provide input into the development of the
intelligent transportation system aspects of
the strategic plan under section 508.
(B) Review, at least annually, areas of
intelligent transportation systems research
being considered for funding by the Department,
to determine--
(i) whether these activities are
likely to advance either the state-of-
the-practice or state-of-the-art in
intelligent transportation systems;
(ii) whether the intelligent
transportation system technologies are
likely to be deployed by users, and if
not, to determine the barriers to
deployment; and
(iii) the appropriate roles for
government and the private sector in
investing in the research and
technologies being considered.
(4) Report.--Not later than [February 1 of each year
after the date of enactment of the Transportation
Research and Innovative Technology Act of 2012] May 1
of each year, the Secretary shall submit to Congress a
report that includes--
(A) all recommendations made by the Advisory
Committee during the preceding calendar year;
(B) an explanation of the manner in which the
Secretary has implemented those
recommendations; and
(C) for recommendations not implemented, the
reasons for rejecting the recommendations.
(5) Applicability of Federal Advisory Committee
Act.--The Advisory Committee shall be subject to the
Federal Advisory Committee Act (5 U.S.C. App.).
(i) Reporting.--
(1) Guidelines and requirements.--
(A) In general.--The Secretary shall issue
guidelines and requirements for the reporting
and evaluation of operational tests and
deployment projects carried out under [this
chapter] sections 512 through 518.
(B) Objectivity and independence.--The
guidelines and requirements issued under
subparagraph (A) shall include provisions to
ensure the objectivity and independence of the
reporting entity so as to avoid any real or
apparent conflict of interest or potential
influence on the outcome by parties to any such
test or deployment project or by any other
formal evaluation carried out under [this
chapter] sections 512 through 518.
(C) Funding.--The guidelines and requirements
issued under subparagraph (A) shall establish
reporting funding levels based on the size and
scope of each test or project that ensure
adequate reporting of the results of the test
or project.
(2) Special rule.--Any survey, questionnaire, or
interview that the Secretary considers necessary to
carry out the reporting of any test, deployment
project, or program assessment activity under [this
chapter] sections 512 through 518 shall not be subject
to chapter 35 of title 44, United States Code.
* * * * * * *
Sec. 518. Vehicle-to-vehicle and vehicle-to-infrastructure
communications systems deployment
(a) In General.--Not later than 3 years after the date of
enactment of this section, the Secretary shall submit to the
Committees on Commerce, Science, and Transportation and
Environment and Public Works of the Senate and the Committees
on Transportation and Infrastructure, Energy and Commerce, and
Science, Space, and Technology of the House of Representatives
a report that--
* * * * * * *
Sec. 601. Generally applicable provisions
(a) Definitions.--[In this chapter, the] The following
definitions apply to sections 601 through 609:
(1) Contingent commitment.--The term ``contingent
commitment'' means a commitment to obligate an amount
from future available budget authority that is--
(A) contingent on those funds being made
available in law at a future date; and
(B) not an obligation of the Federal
Government.
(2) Eligible project costs.--The term ``eligible
project costs'' means amounts substantially all of
which are paid by, or for the account of, an obligor in
connection with a project, including the cost of--
(A) development phase activities, including
planning, feasibility analysis, revenue
forecasting, environmental review, permitting,
preliminary engineering and design work, and
other preconstruction activities;
(B) construction, reconstruction,
rehabilitation, replacement, and acquisition of
real property (including land relating to the
project and improvements to land),
environmental mitigation, construction
contingencies, and acquisition of equipment;
[and]
(C) capitalized interest necessary to meet
market requirements, reasonably required
reserve funds, capital issuance expenses, and
other carrying costs during construction[.]
;and
(D) capitalizing a rural projects fund using
the proceeds of a secured loan made to a State
infrastructure bank in accordance with sections
602 and 603, for the purpose of making loans to
sponsors of rural infrastructure projects in
accordance with section 610.
(3) Federal credit instrument.--The term ``Federal
credit instrument'' means a secured loan, loan
guarantee, or line of credit authorized to be made
available under [this chapter] the TIFIA program with
respect to a project.
* * * * * * *
(10) Master credit agreement.--The term ``master
credit agreement'' means an agreement to extend credit
assistance for a program of related projects secured by
a common security pledge [(which shall receive an
investment grade rating from a rating agency)], or for
a single project covered under section 602(b)(2) that
would--
(A) make contingent commitments of 1 or more
secured loans or other Federal credit
instruments at future dates, [subject to the
availability of future funds being made
available to carry out this chapter;] subject
to--
(i) the availability of future funds
being made available to carry out the
TIFIA program; and
(ii) the satisfaction of all of the
conditions for the provision of credit
assistance under the TIFIA program,
including section 603(b)(1);
(B) establish the maximum amounts and general
terms and conditions of the secured loans or
other Federal credit instruments;
* * * * * * *
(D) provide for the obligation of funds for
the secured loans or secured Federal credit
instruments after all requirements have been
met for the projects subject to the master
credit agreement, including--
(i) completion of an environmental
impact statement or similar analysis
required under the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(ii) receiving an investment grade
rating from a rating agency;
[(ii)] (iii) compliance with such
other requirements as are specified in
section [602(c)] including sections
602(c) and 603(b)(1); and
[(iii)] (iv) the availability of
funds to carry out [this chapter] the
TIFIA program; and
* * * * * * *
(12) Project.--The term ``project'' means--
(A) any surface transportation project
eligible for Federal assistance under this
title or chapter 53 of title 49;
(B) a project for an international bridge or
tunnel for which an international entity
authorized under Federal or State law is
responsible;
(C) a project for intercity passenger bus or
rail facilities and vehicles, including
facilities and vehicles owned by the National
Railroad Passenger Corporation and components
of magnetic levitation transportation systems;
and
(D) a project that--
(i) is a project--
(I) for a public freight rail
facility or a private facility
providing public benefit for
highway users by way of direct
freight interchange between
highway and rail carriers;
(II) for an intermodal
freight transfer facility;
(III) for a means of access
to a facility described in
subclause (I) or (II);
(IV) for a service
improvement for a facility
described in subclause (I) or
(II) (including a capital
investment for an intelligent
transportation system); or
(V) that comprises a series
of projects described in
subclauses (I) through (IV)
with the common objective of
improving the flow of goods;
(ii) may involve the combining of
private and public sector funds,
including investment of public funds in
private sector facility improvements;
(iii) if located within the
boundaries of a port terminal, includes
only such surface transportation
infrastructure modifications as are
necessary to facilitate direct
intermodal interchange, transfer, and
access into and out of the port; and
(iv) is composed of related highway,
surface transportation, transit, rail,
or intermodal capital improvement
projects eligible for assistance under
this section in order to meet the
eligible project cost threshold under
section 602, by grouping related
projects together for that purpose,
subject to the condition that the
credit assistance for the projects is
secured by a common pledge[.] ; and
(E) a project to improve or construct public
infrastructure that is located within walking
distance of, and accessible to, a fixed
guideway transit facility, passenger rail
station, intercity bus station, or intermodal
facility, including a transportation, public
utility, and capital project described in
section 5302(3)(G)(v) of title 49, and related
infrastructure;
(F) 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) as determined by the Secretary
of the Interior, would mitigate the
environmental impacts of transportation
infrastructure projects otherwise
eligible for assistance under the TIFIA
program; and
(G) the capitalization of a rural projects
fund by a State infrastructure bank with the
proceeds of a secured loan made in accordance
with sections 602 and 603, for the purpose of
making loans to sponsors of rural
infrastructure projects in accordance with
section 610.
* * * * * * *
(15) Rural infrastructure project.--The term ``rural
infrastructure project'' [means a surface
transportation infrastructure project located in any
area other than a city with a population of more than
250,000 inhabitants within the city limits.] means a
surface transportation infrastructure project located
in an area that is outside of an urbanized area with a
population greater than 150,000 individuals, as
determined by the Bureau of the Census.
(16) Rural projects fund.--The term `rural projects
fund' means a fund--
(A) established by a State infrastructure
bank in accordance with section 610(d)(4);
(B) capitalized with the proceeds of a
secured loan made to the bank in accordance
with sections 602 and 603; and
(C) for the purpose of making loans to
sponsors of rural infrastructure projects in
accordance with section 610.
[(16)] (17) Secured loan.--The term ``secured loan''
means a direct loan or other debt obligation issued by
an obligor and funded by the Secretary in connection
with the financing of a project under section 603.
[(17)] (18) State.--The term ``State'' has the
meaning given the term in section 101.
(19) State infrastructure bank.--The term `State
infrastructure bank' means an infrastructure bank
established under section 610.
[(18)] (20) Subsidy amount.--The term ``subsidy
amount'' means the amount of budget authority
sufficient to cover the estimated long-term cost to the
Federal Government of a Federal credit instrument--
(A) calculated on a net present value basis;
and
(B) excluding administrative costs and any
incidental effects on governmental receipts or
outlays in accordance with the Federal Credit
Reform Act of 1990 (2 U.S.C. 661 et seq.).
[(19)] (21) Substantial completion.--The term
``substantial completion'' means--
(A) the opening of a project to vehicular or
passenger traffic; or
(B) a comparable event, as determined by the
Secretary and specified in the credit
agreement.
[(20)] (22)TIFIA program.--The term ``TIFIA program''
means the transportation infrastructure finance and
innovation program of the Department established under
sections 602 through 609.
(b) Treatment of Chapter.--For purposes of this title, this
chapter shall be treated as being part of chapter 1.
Sec. 602. Determination of eligibility and project selection
(a) Eligibility.--
(1) In general.--A project shall be eligible to
receive credit assistance under [this chapter] the
TIFIA program if--
(A) the entity proposing to carry out the
project submits a letter of interest prior to
submission of a formal application for the
project; and
(B) the project meets the criteria described
in this subsection.
(2) Creditworthiness.--
(A) In general.--To be eligible for
assistance under [this chapter] the TIFIA
program, a project shall satisfy applicable
creditworthiness standards, which, at a
minimum, shall include--
* * * * * * *
(3) Inclusion in transportation plans and programs.--
A project shall satisfy the applicable planning and
programming requirements of sections 134 and 135 at
such time as an agreement to make available a Federal
credit instrument is entered into under [this chapter]
the TIFIA program.
* * * * * * *
(5) [Eligible project costs.--] Eligible project cost
parameters.--
(A) In general.--Except as provided in
[subparagraph (B), to be eligible for
assistance under this chapter, a project]
subparagraphs (B) and (C), a project under the
TIFIA program shall have eligible project costs
that are reasonably anticipated to equal or
exceed the lesser of--
[(i)(I) $50,000,000; or
(II) in the case of a rural
infrastructure project, $25,000,000;
and]
(i) $50,000,000; and
(ii) 33\1/3\ percent of the amount of
Federal highway [assistance] funds
apportioned for the most recently
completed fiscal year to the State in
which the project is located.
[(B) Intelligent transportation system
projects.--In the case]
(B) Exceptions.--
(i) Intelligent transportation
systems.--In the caseof a project
principally involving the installation
of an intelligent transportation
system, eligible project costs shall be
reasonably anticipated to equal or
exceed $15,000,000.
(ii) Transit-oriented development
projects.--In the case of a project
described in section 601(a)(12)(E),
eligible project costs shall be
reasonably anticipated to equal or
exceed $10,000,000.
(iii) Rural projects.--In the case of
a rural infrastructure project or a
project capitalizing a rural projects
fund, eligible project costs shall be
reasonably anticipated to equal or
exceed $10,000,000, but not to exceed
$100,000,000.
(iv) Local infrastructure projects.--
Eligible project costs shall be
reasonably anticipated to equal or
exceed $10,000,000 in the case of
projects or programs of projects--
(I) in which the applicant is
a local government, public
authority, or instrumentality
of local government;
(II) located on a facility
owned by a local government; or
(III) for which the Secretary
determines that a local
government is substantially
involved in the development of
the project.
* * * * * * *
(9) Beneficial effects.--The Secretary shall
determine that financial assistance for the project
under [this chapter] the TIFIA program will--
* * * * * * *
(10) Project readiness.--[To be eligible]
(A) In general.--Except as provided in
subparagraph (B), to be eligible;for assistance
under [this chapter] the TIFIA program, the
applicant shall demonstrate a reasonable
expectation that the contracting process for
construction of the project can commence by
[not later than] no later than 90 days after
the date on which a Federal credit instrument
is obligated for the project under [this
chapter] the TIFLA program.
(B) Rural projects fund.--In the case of a
project capitalizing a rural projects fund, the
State infrastructure bank shall demonstrate,
not later than 2 years after the date on which
a secured loan is obligated for the project
under the TIFIA program, that the bank has
executed a loan agreement with a borrower for a
rural infrastructure project in accordance with
section 610. After the demonstration is made,
the bank may draw upon the secured loan. At the
end of the 2-year period, to the extent the
bank has not used the loan commitment, the
Secretary may extend the term of the loan or
withdraw the loan commitment.
(b) Selection Among Eligible Projects.--
(1) Establishment.--The Secretary shall establish a
rolling application process under which projects that
are eligible to receive credit assistance under
subsection (a) shall receive credit assistance on terms
acceptable to the Secretary, if adequate funds are
available to cover the subsidy costs associated with
the Federal credit instrument.
[(2) Adequate funding not available.--If the
Secretary fully obligates funding to eligible projects
in a fiscal year, and adequate funding is not available
to fund a credit instrument, a project sponsor of an
eligible project may elect to enter into a master
credit agreement and wait until the earlier of--
[(A) the following fiscal year; and
[(B) the fiscal year during which additional
funds are available to receive credit
assistance.]
(2) Master credit agreements.--
(A) Program of related projects.--The
Secretary may enter into a master credit
agreement for a program of related projects
secured by a common security pledge on terms
acceptable to the Secretary.
(B) Adequate funding not available.--If the
Secretary fully obligates funding to eligible
projects for a fiscal year and adequate funding
is not available to fund a credit instrument, a
project sponsor of an eligible project may
elect to enter into a master credit agreement
and wait to execute a credit instrument until
the fiscal year for which additional funds are
available to receive credit assistance.
* * * * * * *
(c) Federal Requirements.--
(1) In general.--In addition to the requirements of
this title for highway projects, the requirements of
chapter 53 of title 49 for transit projects, and the
requirements of section 5333(a) of title 49 for rail
projects, the following provisions of law shall apply
to funds made available under [this chapter] the TIFIA
program and projects assisted with those funds:
* * * * * * *
(e) Development Phase Activities.--Any credit instrument
secured under [this chapter] the TIFIA program may be used to
finance up to 100 percent of the cost of development phase
activities as described in section 601(a)(1)(A).
Sec. 603. Secured loans
(a) In General.--
(1) Agreements.--Subject to paragraphs (2) and (3),
the Secretary may enter into agreements with 1 or more
obligors to make secured loans, the proceeds of which
shall be used--
(A)* * *
* * * * * * *
(b) Terms and Limitations.--
(1) In general.--A secured loan under this section
with respect to a project shall be on such terms and
conditions and contain such covenants, representations,
warranties, and requirements (including requirements
for audits) as the Secretary determines to be
appropriate.
(2) Maximum amount.--[The amount of]
(A) In general.--Except as provided in
subparagraph (B), the amount of a secured loan
under this section shall not exceed the lesser
of 49 percent of the reasonably anticipated
eligible project costs or if the secured loan
does not receive an investment grade rating,
the amount of the senior project obligations.
(B) Rural projects fund.--In the case of a
project capitalizing a rural projects fund, the
maximum amount of a secured loan made to a
State infrastructure bank shall be determined
in accordance with section 602(a)(5)(B)(iii).
(3) Payment.--A secured loan under this section--
(A) shall--
(i) be payable, in whole or in part,
from--
(I) tolls;
(II) user fees;
(III) payments owing to the
obligor under a public-private
partnership; [or]
(IV) other dedicated revenue
sources that also secure the
senior project obligations
[and] ; and
(V) in the case of a secured
loan for a project capitalizing
a rural projects fund, any
other dedicated revenue sources
available to a State
infrastructure bank, including
repayments from loans made by
the bank for rural
infrastructure projects; and
* * * * * * *
(4) Interest rate.--
(A) In general.--Except as provided in
subparagraphs (B) and (C), the interest rate on
a secured loan under this section shall be not
less than the yield on United States Treasury
securities of a similar maturity to the
maturity of the secured loan on the date of
execution of the loan agreement.
(B) Rural infrastructure projects.--
(i) In general.--The interest rate of
a loan offered to a rural
infrastructure project [under this
chapter] or a rural projects fund under
the TIFIA program shall be at \1/2\ of
the Treasury Rate in effect on the date
of execution of the loan agreement.
(ii) Application.--The rate described
in clause (i) shall only apply to any
portion of a loan the subsidy cost of
which is funded by amounts set aside
for rural infrastructure projects and
rural project funds under section
608(a)(3)(A).
* * * * * * *
(5) Maturity date.--[The final]
(A) In general.--Except as provided in
subparagraph (B), the final maturity date of
the secured loan shall be the lesser of--
[(A)] (i) 35 years after the date of
substantial completion of the project; and
[(B)] (ii) if the useful life of the capital
asset being financed is of a lesser period, the
useful life of the asset.
(B) Rural projects fund.--In the case of a
project capitalizing a rural projects fund, the
final maturity date of the secured loan shall
not exceed 35 years after the date on which the
secured loan is obligated.
* * * * * * *
(8) Non-Federal share.--The proceeds of a secured
loan under [this chapter] the TIFIA program may be used
for any non-Federal share of project costs required
under this title or chapter 53 of title 49, if the loan
is repayable from non-Federal funds.
(9) Maximum Federal involvement.--[The total Federal
assistance provided on a project receiving a loan under
this chapter]
(A) In general.--The total Federal assistance
provided for a project receiving a loan under
the TIFIA program ;shall not exceed 80 percent
of the total project cost.
(B) Rural projects fund.--A project
capitalizing a rural projects fund shall
satisfy clause (i) through compliance with the
Federal share requirement described in section
610(e)(3)(B).
* * * * * * *
Sec. 605. Program administration
(a) Requirement.--The Secretary shall establish a uniform
system to service the Federal credit instruments made available
under [this chapter] the TIFIA program.
(b) Fees.--The Secretary may collect and spend fees,
contingent on authority being provided in appropriations Acts,
at a level that is sufficient to cover--
(1) the costs of services of expert firms retained
pursuant to subsection (d); and
(2) all or a portion of the costs to the Federal
Government of servicing the Federal credit instruments.
(c) Servicer.--
(1) In general.--The Secretary may appoint a
financial entity to assist the Secretary in servicing
the Federal credit instruments.
(2) Duties.--A servicer appointed under paragraph (1)
shall act as the agent for the Secretary.
(3) Fee.--A servicer appointed under paragraph (1)
shall receive a servicing fee, subject to approval by
the Secretary.
(d) Assistance From Expert Firms.--The Secretary may retain
the services of expert firms, including counsel, in the field
of municipal and project finance to assist in the underwriting
and servicing of Federal credit instruments.
(e) Expedited Processing.--The Secretary shall implement
procedures and measures to economize the time and cost involved
in obtaining approval and the issuance of credit assistance
under [this chapter] the TIFIA program.
(1) Reservation of funds.--Of the funds made
available to carry out the TIFIA program for each
fiscal year, and after the set-aside under section
608(a)(6), not less than $2,000,000 shall be made
available for the Secretary to use in lieu of fees
collected under subsection (b) for projects under the
TIFIA program having eligible project costs that are
reasonably anticipated not to equal or exceed
$75,000,000.
(2) Release of funds.--Any funds not used under
paragraph (1) shall be made available on October 1 of
the following fiscal year to provide credit assistance
to any project under the TIFIA program.
Sec. 606. State and local permits
The provision of credit assistance under [this chapter] the
TIFIA program with respect to a project shall not--
(1) relieve any recipient of the assistance of any
obligation to obtain any required State or local permit
or approval with respect to the project;
(2) limit the right of any unit of State or local
government to approve or regulate any rate of return on
private equity invested in the project; or
(3) otherwise supersede any State or local law
(including any regulation) applicable to the
construction or operation of the project.
Sec. 607. Regulations
The Secretary may promulgate such regulations as the
Secretary determines to be appropriate to carry out [this
chapter] the TIFIA program
Sec. 608. Funding
(a) Funding.--
(1) Spending and borrowing authority.--Spending and
borrowing authority for a fiscal year to enter into
Federal credit instruments shall be promptly
apportioned to the Secretary on a fiscal-year basis.
(2) Reestimates.--If the subsidy cost of a Federal
credit instrument is reestimated, the cost increase or
decrease of the reestimate shall be borne by, or
benefit, the general fund of the Treasury, consistent
with section 504(f) of the Congressional Budget Act of
1974 (2 U.S.C. 661c(f)).
(3) Rural set-aside.--
(A) In general.--Of the total amount of funds
made available to carry out [this chapter] the
TIFIA program for each fiscal year, not more
than 10 percent shall be set aside for rural
infrastructure projects or rural projects
funds.
(B) Reobligation.--Any amounts set aside
under subparagraph (A) that remain unobligated
by June 1 of the fiscal year for which the
amounts were set aside shall be available for
obligation by the Secretary on projects other
than rural infrastructure projects or rural
projects funds.
(4) Redistribution of authorized funding.--
(A) In general.--Beginning in fiscal year
2014, on April 1 of each fiscal year, if the
cumulative unobligated and uncommitted balance
of funding available exceeds 75 percent of the
amount made available to carry out [this
chapter] the TIFIA program for that fiscal
year, the Secretary shall distribute to the
States the amount of funds and associated
obligation authority in excess of that amount.
(B) Distribution.--The amounts and obligation
authority distributed under this paragraph
shall be distributed, in the same manner as
obligation authority is distributed to the
States for the fiscal year, based on the
proportion that--
(i) the relative share of each State
of obligation authority for the fiscal
year; bears to
(ii) the total amount of obligation
authority distributed to all States for
the fiscal year.
(C) Purpose.--Funds distributed under
subparagraph (B) shall be available for any
purpose described in section 133(b).
(5) Availability.--Amounts made available to carry
out this chapter shall remain available until expended.
(6) Administrative costs.--Of the amounts made
available to carry out [this chapter] the TIFIA
program, the Secretary may use not more than [0.50
percent] 0.75 percent for each fiscal year for the
administration of [this chapter] the TIFIA program.
(b) Contract Authority.--
(1) In general.--Notwithstanding any other provision
of law, execution of a term sheet by the Secretary of a
Federal credit instrument that uses amounts made
available under [this chapter] the TIFIA program shall
impose on the United States a contractual obligation to
fund the Federal credit investment.
(2) Availability.--Amounts made available to carry
out [this chapter] the TIFIA program for a fiscal year
shall be available for obligation on October 1 of the
fiscal year.
Sec. 609. Reports to Congress
(a) In General.--On June 1, 2012, and every 2 years
thereafter, the Secretary shall submit to Congress a report
summarizing the financial performance of the projects that are
receiving, or have received, assistance under [this chapter
(other than section 610)] the TIFIA program, including a
recommendation as to whether the objectives of this chapter
(other than section 610) are best served by--
(1) continuing the program under the authority of the
Secretary;
(2) establishing a Federal corporation or federally
sponsored enterprise to administer the program; or
(3) phasing out the program and relying on the
capital markets to fund the types of infrastructure
investments assisted by [this chapter (other than
section 610)] the TIFIA program without Federal
participation.
(b) Application Process Report.--
(1) In general.--Not later than December 1, 2012, and
annually thereafter, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on
Environment and Public Works of the Senate a report
that includes a list of all of the letters of interest
and applications received from project sponsors for
assistance under [this chapter (other than section
610)] the TIFIA program during the preceding fiscal
year.
(2) Inclusions.--
(A) In general.--Each report under paragraph
(1) shall include, at a minimum, a description
of, with respect to each letter of interest and
application included in the report--
(i) the date on which the letter of
interest or application was received;
(ii) the date on which a notification
was provided to the project sponsor
regarding whether the application was
complete or incomplete;
(iii) the date on which a revised and
completed application was submitted (if
applicable);
(iv) the date on which a notification
was provided to the project sponsor
regarding whether the project was
approved or disapproved; and
(v) if the project was not approved,
the reason for the disapproval.
(B) Correspondence.--Each report under
paragraph (1) shall include copies of any
correspondence provided to the project sponsor
in accordance with section 602(d).
Sec. 610. State infrastructure bank program
(a) Definitions.--In this section, the following definitions
apply:
(1) Capital project.--The term ``capital project''
has the meaning such term has under section 5302 of
title 49.
(2) Other forms of credit assistance.--The term
``other forms of credit assistance'' includes any use
of funds in an infrastructure bank--
(A) to provide credit enhancements;
(B) to serve as a capital reserve for bond or
debt instrument financing;
(C) to subsidize interest rates;
(D) to insure or guarantee letters of credit
and credit instruments against credit risk of
loss;
(E) to finance purchase and lease agreements
with respect to transit projects;
(F) to provide bond or debt financing
instrument security; and
(G) to provide other forms of debt financing
and methods of leveraging funds that are
approved by the Secretary and that relate to
the project with respect to which such
assistance is being provided.
(3) State.--The term ``State'' has the meaning such
term has under section 401.
(4) Capitalization.--The term ``capitalization''
means the process used for depositing funds as initial
capital into a State infrastructure bank to establish
the infrastructure bank.
(5) Cooperative agreement.--The term ``cooperative
agreement'' means written consent between a State and
the Secretary which sets forth the manner in which the
infrastructure bank established by the State in
accordance with this section will be administered.
(6) Loan.--The term ``loan'' means any form of direct
financial assistance from a State infrastructure bank
that is required to be repaid over a period of time and
that is provided to a project sponsor for all or part
of the costs of the project.
(7) Guarantee.--The term ``guarantee'' means a
contract entered into by a State infrastructure bank in
which the bank agrees to take responsibility for all or
a portion of a project sponsor's financial obligations
for a project under specified conditions.
(8) Initial assistance.--The term ``initial
assistance'' means the first round of funds that are
loaned or used for credit enhancement by a State
infrastructure bank for projects eligible for
assistance under this section.
(9) Leverage.--The term ``leverage'' means a
financial structure used to increase funds in a State
infrastructure bank through the issuance of debt
instruments.
(10) Leveraged.--The term ``leveraged'', as used with
respect to a State infrastructure bank, means that the
bank has total potential liabilities that exceed the
capital of the bank.
(11) Rural infrastructure project.--The term `rural
infrastructure project' has the meaning given the term
in section 601.
(12) Rural projects fund.--The term `rural projects
fund' has the meaning given the term in section 601.
* * * * * * *
(d) Funding.--
(1) Highway account.--Subject to subsection (j), the
Secretary may permit a State entering into a
cooperative agreement under this section to establish a
State infrastructure bank to deposit into the highway
account of the bank not to exceed--
(A) 10 percent of the funds apportioned to
the State for [each of fiscal years 2005
through 2009 under each of sections 104(b)(1),
104(b)(3), 104(b)(4), and 144; and] each fiscal
year under each of paragraphs (1), (2), and (5)
of section 104(b); and
(B) 10 percent of the funds allocated to the
State for each of such fiscal years.
(2) Transit account.--Subject to subsection (j), the
Secretary may permit a State entering into a
cooperative agreement under this section to establish a
State infrastructure bank, and any other recipient of
Federal assistance under section 5307, 5309, or 5311 of
title 49, to deposit into the transit account of the
bank not to exceed 10 percent of the funds made
available to the State or other recipient [in each of
fiscal years 2005 through 2009] in each fiscal year for
capital projects under each of such sections.
(3) Rail account.--Subject to subsection (j), the
Secretary may permit a State entering into a
cooperative agreement under this section to establish a
State infrastructure bank, and any other recipient of
Federal assistance under subtitle V of title 49, to
deposit into the rail account of the bank funds made
available to the State or other recipient [in each of
fiscal years 2005 through 2009] in each fiscal year for
capital projects under such subtitle.
(4) Rural projects fund.--Subject to subsection (j),
the Secretary may permit a State entering into a
cooperative agreement under this section to establish a
State infrastructure bank to deposit into the rural
projects fund of the bank the proceeds of a secured
loan made to the bank in accordance with section 602
and 603.
[(4)] (5) Capital grants.--
(A) Highway account.--Federal funds deposited
into a highway account of a State
infrastructure bank under paragraph (1) shall
constitute for purposes of this section a
capitalization grant for the highway account of
the bank.
(B) Transit account.--Federal funds deposited
into a transit account of a State
infrastructure bank under paragraph (2) shall
constitute for purposes of this section a
capitalization grant for the transit account of
the bank.
(C) Rail account.--Federal funds deposited
into a rail account of a State infrastructure
bank under paragraph 3 shall constitute for
purposes of this section a capitalization grant
for the rail account of the bank.
[(5)] (6) Special rule for urbanized areas of over
200,000.--Funds in a State infrastructure bank that are
attributed to urbanized areas of a State with urbanized
populations of over 200,000 under [section 133(d)(3)]
section 133(d)(1)(A)(i) may be used to provide
assistance with respect to a project only if the
metropolitan planning organization designated for such
area concurs, in writing, with the provision of such
assistance.
[(6)] (7) Discontinuance of funding.--If the
Secretary determines that a State is not implementing
the State's infrastructure bank in accordance with a
cooperative agreement entered into under subsection
(b), the Secretary may prohibit the State from
contributing additional Federal funds to the bank.
[(e) Forms of Assistance From Infrastructure Banks.--An
infrastructure bank established under this section may make
loans or provide other forms of credit assistance to a public
or private entity in an amount equal to all or a part of the
cost of carrying out a project eligible for assistance under
this section. The amount of any loan or other form of credit
assistance provided for the project may be subordinated to any
other debt financing for the project. Initial assistance
provided with respect to a project from Federal funds deposited
into an infrastructure bank under this section may not be made
in the form of a grant.]
(e) Forms of Assistance From State Infrastructure Banks.--
(1) In general.--A State infrastructure bank
established under this section may--
(A) with funds deposited into the highway
account, transit account, or rail account of
the bank, make loans or provide other forms of
credit assistance to a public or private entity
to carry out a project eligible for assistance
under this section; and
(B) with funds deposited into the rural
projects fund, make loans to a public or
private entity to carry out a rural
infrastructure project.
(2) Subordination of loan.--The amount of a loan or
other form of credit assistance provided for a project
described in paragraph (1) may be subordinated to any
other debt financing for the project.
(3) Maximum amount of assistance.--A State
infrastructure bank established under this section
may--
(A) with funds deposited into the highway
account, transit account, or rail account, make
loans or provide other forms of credit
assistance to a public or private entity in an
amount up to 100 percent of the cost of
carrying out a project eligible for assistance
under this section; and
(B) with funds deposited into the rural
projects fund, make loans to a public or
private entity in an amount not to exceed 80
percent of the cost of carrying out a rural
infrastructure project.
(4) Initial assistance.--Initial assistance provided
with respect to a project from Federal funds deposited
into a State infrastructure bank under this section may
not be made in the form of a grant.
* * * * * * *
(g) Infrastructure Bank Requirements.--In order to establish
an infrastructure bank under this section, the State
establishing the bank shall--
(1) deposit in cash, at a minimum, into [each
account] the highway account, the transit account, and
the rail account of the bank from non-Federal sources
an amount equal to 25 percent of the amount of each
capitalization grant made to the State and deposited
into such account; except that, if the deposit is into
the highway account of the bank and the State has a
non-Federal share under section 120(b) that is less
than 25 percent, the percentage to be deposited from
non-Federal sources shall be the lower percentage of
such grant;
* * * * * * *
(4) ensure that any loan from the bank will bear
interest at or below market interest rates, as
determined by the State, to make the project that is
the subject of the loan feasible , except that any loan
funded from the rural projects fund of the bank shall
bear interest at or below the interest rate charged for
the TIFIA loan provided to the bank under section 603
* * * * * * *
(k) Program Administration.--[For each of fiscal years 2005
through 2009] For each fiscal year, a State may expend not to
exceed 2 percent of the Federal funds contributed to an
infrastructure bank established by the State under this section
to pay the reasonable costs of administering the bank.
* * * * * * *
TITLE 33-NAVIGATION AND NAVIGABLE WATERS
CHAPTER 52-WATER INFRASTRUCTURE FINANCE AND INNOVATION
Sec. 3907. Determination of eligibility and project selection
(a) Eligibility requirementsTo be eligible to receive
financial assistance under this chapter, a project shall meet
the following criteria, as determined by the Secretary or
Administrator, as applicable:
(1) Creditworthiness
(A) In general* * *
* * * * * * *
[(5) Limitation
[No project receiving Federal credit assistance under this
chapter may be financed (directly or indirectly), in whole or
in part, with proceeds of any obligation-
[(A) the interest on which is exempt from the
tax imposed under chapter 1 of title 26; or
[(B) with respect to which credit is
allowable under subpart I or J of part IV of
subchapter A of chapter 1 of title 26.]
[(6)] (5) Use of existing financing mechanisms
(A) Notification
For each eligible project for which the Administrator has
authority under paragraph (2) or (3) of section 3902(b) of this
title and for which the Administrator has received an
application for financial assistance under this chapter, the
Administrator shall notify, not later than 30 days after the
date on which the Administrator receives a complete
application, the applicable State infrastructure financing
authority of the State in which the project is located that
such application has been submitted.
(B) G4Determination
If, not later than 60 days after the date of receipt of a
notification under subparagraph (A), a State infrastructure
financing authority notifies the Administrator that the State
infrastructure financing authority intends to commit funds to
the project in an amount that is equal to or greater than the
amount requested under the application, the Administrator may
not provide any financial assistance for that project under
this chapter unless-
(i) by the date that is 180 days
after the date of receipt of a
notification under subparagraph (A),
the State infrastructure financing
authority fails to enter into an
assistance agreement to provide funds
for the project; or
(ii) the financial assistance to be
provided by the State infrastructure
financing authority will be at rates
and terms that are less favorable than
the rates and terms for financial
assistance provided under this chapter.
[(7)] (6) G4Operation and maintenance plan
(A) G4In general
The Secretary or the Administrator, as applicable, shall
determine whether an applicant for assistance under this
chapter has developed, and identified adequate revenues to
implement, a plan for operating, maintaining, and repairing the
project over the useful life of the project.
(B) G4Special rule
An eligible project described in section 3905(1) of this
title that has not been specifically authorized by Congress
shall not be eligible for Federal assistance for operations and
maintenance.
* * * * * * *
40 USC CHAPTER 145--REGULATORY MEASUREMENT
SUBCHAPTER I--GENERAL
Sec.
14501. Application.
* * * * * * *
14509. .High-speed broadband deployment initiative.
* * * * * * *
Sec. 14504. Remeasurement
(a) To the extent necessary, the Secretary shall remeasure a
vessel to which this chapter applies if--
(1) the Secretary or the owner alleges an error in
its measurement;
(2) the vessel or the use of its space is changed in
a way that substantially affects its tonnage;
(3) after being measured under subchapter III of this
chapter, the vessel becomes subject to subchapter II of
this chapter because the vessel or its use is changed;
or
(4) although not required to be measured under
subchapter II of this chapter, the vessel was measured
under subchapter II and the owner requests that the
vessel be measured under subchapter III of this
chapter.
(b) Except as provided in this section and chapter 143 of
this title, a vessel that has been measured does not have to be
remeasured to obtain another document or endorsement under
chapter 121 of this title.
* * * * * * *
Sec. 14509. High-speed broadband deployment initiative
(a) In General.--The Appalachian Regional Commission may
provide technical assistance, make grants, enter into
contracts, or otherwise provide amounts to individuals or
entities in the Appalachian region for projects and
activities--
(1) to increase affordable access to broadband
networks throughout the Appalachian region;
(2) to conduct research, analysis, and training to
increase broadband adoption efforts in the Appalachian
region;
(3) to provide technology assets, including
computers, smartboards, and video projectors to
educational systems throughout the Appalachian region;
(4) to increase distance learning opportunities
throughout the Appalachian region;
(5) to increase the use of telehealth technologies in
the Appalachian region; and
(6) to promote e-commerce applications in the
Appalachian region.
(b) Limitation on Available Amounts.--Of the cost of any
activity eligible for a grant under this section--
(1) not more than 50 percent may be provided from
amounts appropriated to carry out this section; and
(2) notwithstanding paragraph (1)--
(A) in the case of a project to be carried
out in a county for which a distressed county
designation is in effect under section 14526,
not more than 80 percent may be provided from
amounts appropriated to carry out this section;
and
(B) in the case of a project to be carried
out in a county for which an at-risk
designation is in effect under section 14526,
not more than 70 percent may be provided from
amounts appropriated to carry out this section.
(c) 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.
* * * * * * *
40 USC SUBTITLE IV: APPALACHIAN REGIONAL DEVELOPMENT
Sec. 14703. Authorization of appropriations
(a) In General.-In addition to amounts made available under
section 14501, there is authorized to be appropriated to the
Appalachian Regional Commission to carry out this subtitle-
(1) $87,000,000 for fiscal year 2008;
(2) $100,000,000 for fiscal year 2009;
(3) $105,000,000 for fiscal year 2010;
(4) $108,000,000 for fiscal year 2011; and
(5) $110,000,000 for [fiscal year 2012] each of
fiscal years 2012 through 2021.
(b) Economic and Energy Development Initiative.-Of the
amounts made available under subsection (a), the following
amounts may be used to carry out section 14508-
(1) $12,000,000 for fiscal year 2008;
(2) $12,500,000 for fiscal year 2009;
(3) $13,000,000 for fiscal year 2010;
(4) $13,500,000 for fiscal year 2011; and
(5) $14,000,000 for fiscal year 2012.
(c) High-speed Broadband Deployment Initiative.Of the amounts
made available under subsection (a), $10,000,000 shall be used
to carry out section 14509 for each of fiscal years 2016
through 2021.
[(c)] (d) Availability.-Amounts made available under
subsection (a) remain available until expended.
[(d)] (e) Allocation of Funds.-Funds approved by the
Appalachian Regional Commission for a project in a State in the
Appalachian region pursuant to a congressional directive shall
be derived from the total amount allocated to the State by the
Appalachian Regional Commission from amounts appropriated to
carry out this subtitle.
14704. TERMINATIONTHIS SUBTITLE, EXCEPT SECTIONS 14102(A)(1) AND (B)
AND 14501, CEASES TO BE IN EFFECT ON OCTOBER 1,
[2012] 2021.
* * * * * * *
SEC. 1528. [40 U.S.C. 14501 NOTE] APPALACHIAN DEVELOPMENT HIGHWAY
SYSTEM.
(a) Sense of the Senate.--It is the Sense of the Senate that
the timely completion of the Appalachian development highway
system is a transportation priority in the national interest.
(b) Modified Federal Share for Projects on ADHS.--For fiscal
years 2012 through [2021] 2050, the Federal share payable for
the cost of constructing highways and access roads on the
Appalachian development highway system under section 14501 of
title 40, United States Code, with funds made available to a
State for fiscal year 2012 or a previous fiscal year for the
Appalachian development highway system program, or with funds
made available for fiscal year 2012 or a previous fiscal year
for a specific project, route, or corridor on that system,
[shall be 100 percent] shall be up to 100 percent, as
determined by the State.
(c) Federal Share for Other Funds Used on ADHS.--For fiscal
years 2012 through [2021] 2050, the Federal share payable for
the cost of constructing highways and access roads on the
Appalachian development highway system under section 14501 of
title 40, United States Code, with Federal funds apportioned to
a State for a program other than the Appalachian development
highway system program [shall be 100 percent] shall be up to
100 percent, as determined by the State.
(d) Completion Plan.--
* * * * * * *
Chapter 3 of Title 49, United States Code
Sec.
301. Leadership, consultation, and cooperation.
* * * * * * *
306. Prohibited discrimination.
[307. Repealed.]
307. .Adoption of Departmental environmental documents.
* * * * * * *
Sec. 303. Policy on lands, wildlife and waterfowl refuges, and historic
sites
(a) It is the policy of the United States Government that
special effort should be made to preserve the natural beauty of
the countryside and public park and recreation lands, wildlife
and waterfowl refuges, and historic sites.
(b) The Secretary of Transportation shall cooperate and
consult with the Secretaries of the Interior, Housing and Urban
Development, and Agriculture, and with the States, in
developing transportation plans and programs that include
measures to maintain or enhance the natural beauty of lands
crossed by transportation activities or facilities.
(c) Approval of Programs and Projects.--Subject to
[subsection (d)] subsections (d) and (e), the Secretary may
approve a transportation program or project (other than any
project for a park road or parkway under section 204 of title
23) requiring the use of publicly owned land of a public park,
recreation area, or wildlife and waterfowl refuge of national,
State, or local significance, or land of an historic site of
national, State, or local significance (as determined by the
Federal, State, or local officials having jurisdiction over the
park, area, refuge, or site) only if--
* * * * * * *
(e) Satisfaction of Requirements for Certain Historic
Sites.--
(1) In general.--The Secretary shall--
(A) [ensure that the requirements of this
section are consistent with] align, to the
maximum extent practicable, the requirements of
this section with the requirements of the
National Environmental Policy Act of 1969 (42
U.S.C. 4231 et seq.) and section 306108 of
title 54, including implementing regulations;
and
(B) not later than 90 days after the date of
enactment of this subsection, coordinate with
the Secretary of the Interior and the Executive
Director of the Advisory Council on Historic
Preservation (referred to in this subsection as
the `Council') to establish procedures to
satisfy the requirements described in
subparagraph (A) (including regulations).
(2) Avoidance alternative analysis.--
(A) In general.--If, in an analysis required
under the National Environmental Policy Act of
1969 (42 U.S.C. 4231 et seq.), the Secretary
determines that there is no feasible or prudent
alternative to avoid use of an historic site,
the Secretary may--
(i) include the determination of the
Secretary in the analysis required
under that Act;
(ii) provide a notice of the
determination to--
(I) each applicable State
historic preservation officer
and tribal historic
preservation officer;
(II) the Council, if the
Council is participating in the
consultation process under
section 306108 of title 54; and
(III) the Secretary of the
Interior; and
(iii) request from the applicable
preservation officer, the Council, and
the Secretary of the Interior a
concurrence that the determination is
sufficient to satisfy the requirement
of subsection (c)(1).
(B) Concurrence.--If the applicable
preservation officer, the Council, and the
Secretary of the Interior each provide a
concurrence requested under [subparagraph
(A)(iii)--
[(i) no further analysis under
subsection (c)(1) shall be required;
[(ii) the Secretary shall include in
the record of decision or finding of no
significant impact a notice of a
determination and each relevant
concurrence to the determination under
subparagraph (A); and
[(iii)not later than 3 days after the
receipt by the Secretary of all
concurrences requested under
subparagraph (A)(iii), the Secretary
shall post on an appropriate Federal
website the determination and each
relevant concurrence described in
clause (ii).] subparagraph (A)(iii), no
further analysis under subsection
(a)(1) shall be required.
(C) Publication.--A notice of a
determination, together with each relevant
concurrence to that determination, under
subparagraph (A) shall be--
(i) included in the record of
decision or finding of no significant
impact of the Secretary; and
(ii) posted on an appropriate Federal
website by not later than 3 days after
the date of receipt by the Secretary of
all concurrences requested under
subparagraph (A)(iii).
(3) Aligning historical reviews.--
(A) In general.--If the Secretary, the
applicable preservation officer, the Council,
and the Secretary of the Interior concur [ that
there is no feasible and prudent alternative]
that no feasible and prudent alternative exists
as described in paragraph (2), the Secretary
may provide to the applicable preservation
officer, the Council, and the Secretary of the
Interior notice of the intent of the Secretary
to satisfy the requirements of subsection
(c)(2) through the consultation requirements of
section 306108 of title 54.
(B) Satisfaction of conditions.--To satisfy
the requirements of subsection (c)(2), the
applicable preservation officer, the Council,
and the Secretary of the Interior shall concur
in the treatment of the applicable historic
site described in the memorandum of agreement
or programmatic agreement developed under
section 306108 of title 54.
(f) Bridge Exemption From Consideration.--A common post-1945
concrete or steel bridge or culvert (as described in 77 Fed.
Reg. 68790) that is exempt from individual review under section
306108 of title 54, United States Code, shall be exempt from
consideration under this section.
* * * * * * *
Sec. 304. Application of categorical exclusions for multimodal projects
(a) Definitions.--In this section, the following definitions
apply:
(1) Cooperating authority.--The term ``cooperating
authority'' means a Department of Transportation
[operating authority that is not the lead authority
with respect to a project] operating administration or
secretarial office that has expertise but is not the
lead authority with respect to a proposed multimodal
project.
[(2) Lead authority.--The term ``lead authority''
means a Department of Transportation operating
administration or secretarial office that--
[(A) is the lead authority over a proposed
multimodal project; and
[(B) has determined that the components of
the project that fall under the modal expertise
of the lead authority--
[(i) satisfy the conditions for a
categorical exclusion under
implementing regulations or procedures
of the lead authority under the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.); and
(ii) do not require the preparation
of an environmental assessment or
environmental impact statement under
that Act.]
(2) Lead authority.--The term `lead authority' means
a Department of Transportation operating administration
or secretarial office that has the lead responsibility
for compliance with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) for a proposed
multimodal project.
* * * * * * *
(b) Exercise of Authorities.--The authorities granted in this
section may be exercised for a multimodal project, class of
projects, or program of projects that are carried out [under
this title] by the Secretary of Transportation.
(c) Application of Categorical Exclusions for Multimodal
Projects.--In considering the environmental impacts of a
proposed multimodal project, a lead authority may apply [a
categorical exclusion designated under the implementing
regulations or] a categorical exclusion designated under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) implementing regulations or procedures of a cooperating
authority for [other components of the] a proposed multimodal
project, subject to the conditions that--
[(1) the multimodal project is funded under 1 grant
agreement administered by the lead authority;
[(2) the multimodal project has components that
require the expertise of a cooperating authority to
assess the environmental impacts of the components;
[(3) the component of the project to be covered by
the categorical exclusion of the cooperating authority
has independent utility;
[(4) the cooperating authority, in consultation with
the lead authority--
[(A) follows implementing regulations or
procedures under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.);
and
[(B) determines that a categorical exclusion
under that Act applies to the components; and
[(5) the lead authority has determined that--
[(A) the project, using the categorical
exclusions of the lead authority and each
applicable cooperating authority, does not
individually or cumulatively have a significant
impact on the environment; and
[(B) extraordinary circumstances do not exist
that merit additional analysis and
documentation in an environmental impact
statement or environmental assessment required
under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).]
(1) the lead authority makes a determination, in
consultation with the cooperating authority, on the
applicability of a categorical exclusion to a proposed
multimodal project;
(2) the cooperating authority does not object to the
determination of the lead authority of the
applicability of a categorical exclusion;
(3) the lead authority determines that the component
of the proposed multimodal project to be covered by the
categorical exclusion of the cooperating authority has
independent utility; and
(4) the lead authority determines that--
(A) the proposed multimodal project does not
individually or cumulatively have a significant
impact on the environment; and
(B) extraordinary circumstances do not exist
that merit additional analysis and
documentation in an environmental impact
statement or environmental assessment required
under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
[(d) Modal Cooperation.--
[(1) In general.--A cooperating authority shall
provide modal expertise to the lead authority on such
aspects of the multimodal project in which the
cooperating authority has expertise.
[(2) Use of categorical exclusion.--In a case
described in paragraph (1), the 1 or more categorical
exclusions of a cooperating authority may be applied by
the lead authority once the cooperating authority
reviews the project on behalf of the lead authority and
determines the project satisfies the conditions for a
categorical exclusion under the implementing
regulations or procedures of the cooperating authority
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and this section.]
(d) Cooperative Authority Expertise.--A cooperating authority
shall provide expertise to the lead authority on aspects of the
multimodal project in which the cooperating authority has
expertise.
* * * * * * *
Sec. 306. Prohibited discrimination
(a) In this section, ``financial assistance'' includes
obligation guarantees.
(b) A person in the United States may not be excluded from
participating in, be denied the benefits of, or be subject to
discrimination under, a project, program, or activity because
of race, color, national origin, or sex when any part of the
project, program, or activity is financed through financial
assistance under section 332 or 333 or chapter 221 or 249 of
this title, section 211 or 216 of the Regional Rail
Reorganization Act of 1973 (45 U.S.C. 721, 726), or title V of
the Railroad Revitalization and Regulatory Reform Act of 1976
(45 U.S.C. 821 et seq.).
(c) When the Secretary of Transportation decides that a
person receiving financial assistance under a law referred to
in subsection (b) of this section has not complied with that
subsection, a Federal civil rights law, or an order or
regulation issued under a Federal civil rights law, the
Secretary shall notify the person of the decision and require
the person to take necessary action to ensure compliance with
that subsection.
(d) If a person does not comply with subsection (b) of this
section within a reasonable time after receiving a notice under
subsection (c) of this section, the Secretary shall take at
least one of the following actions:
(1) direct that no more Federal financial assistance
be provided the person.
(2) refer the matter to the Attorney General with a
recommendation that a civil action be brought against
the person.
(3) carry out the duties and powers provided by title
VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et
seq.).
(4) take other action provided by law.
(e) When a matter is referred to the Attorney General under
subsection (d)(2) of this section, or when the Attorney General
has reason to believe that a person is engaged in a pattern or
practice violating this section, the Attorney General may begin
a civil action in a district court of the United States for
appropriate relief.
Sec. 307. Adoption of Departmental environmental documents
(a) In General.--An operating administration or secretarial
office within the Department may adopt any draft environmental
impact statement, final environmental impact statement,
environmental assessment, or any other document issued under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) by another operating administration or secretarial
office within the Department--
(1) without recirculating the document (except that a
final environmental impact statement shall be
recirculated prior to adoption); and
(2) if the operating administration or secretarial
office adopting the document certifies that the project
is substantially the same as the project reviewed under
the document to be adopted.
(b) Cooperating Agency.--An adopting operating administration
or secretarial office that was a cooperating agency and
certifies that the project is substantially the same as the
project reviewed under the document to be adopted and that [the
comments and suggestions in the document]its comments and
suggestions have been addressed may adopt a document described
in subsection (a) without recirculating the document
* * * * * * *
Sec. 6302. Bureau of Transportation Statistics
(a) Establishment.--There is established in the Office of the
Assistant Secretary for Research and Technology of the
Department of Transportation the Bureau of Transportation
Statistics.
(b) Director.--
(1) Appointment.--The Bureau shall be headed by a
Director, who shall be appointed in the competitive
service by the Secretary.
(2) Qualifications.--The Director shall be appointed
from among individuals who are qualified to serve as
the Director by virtue of their training and experience
in the collection, analysis, and use of transportation
statistics.
(3) Duties.--
(A) In general.--The Director shall--
(i) serve as the senior advisor to
the Secretary on data and statistics;
and
(ii) be responsible for carrying out
the duties described in subparagraph
(B).
(B) Duties.--The Director shall--
(i) ensure that the statistics
compiled under clause (vi) are designed
to support transportation
decisionmaking by--
(I) the Federal Government;
(II) State and local
governments;
(III) metropolitan planning
organizations;
(IV) transportation-related
associations;
(V) the private sector,
including the freight
community; and
(VI) the public;
(ii) establish on behalf of the
Secretary a program--
(I) to effectively integrate
safety data across modes; and
(II) to address gaps in
existing safety data programs
of the Department;
(iii) work with the operating
administrations of the Department--
(I) to establish and
implement the data programs of
the Bureau; and
(II) to improve the
coordination of information
collection efforts with other
Federal agencies;
(iv) continually improve surveys and
data collection methods of the
Department to improve the accuracy and
utility of transportation statistics;
(v) encourage the standardization of
data, data collection methods, and data
management and storage technologies for
data collected by--
(I) the Bureau;
(II) the operating
administrations of the
Department;
(III) State and local
governments;
(IV) metropolitan planning
organizations; and
(V) private sector entities;
(vi) collect, compile, analyze, and
publish a comprehensive set of
transportation statistics on the
performance and impacts of the national
transportation system, including
statistics on--
(I) transportation safety
across all modes and
intermodally;
(II) the state of good repair
of United States transportation
infrastructure;
(III) the extent,
connectivity, and condition of
the transportation system,
building on the national
transportation atlas database
developed under section [6310]
6309;\1\
---------------------------------------------------------------------------
\1\So in original. Probably should be ``section 6309;''.
* * * * * * *
---------------------------------------------------------------------------
SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT TRANSPORTATION EQUITY ACT: A
LEGACY FOR USERS
SEC. 1301. [23 U.S.C. 101 NOTE] PROJECTS OF NATIONAL AND REGIONAL
SIGNIFICANCE.
(a) Findings.--Congress finds the following:
(1)* * *
* * * * * * *
(l) Report.--
(1) In general.--Not later than 2 years after the
date of enactment of the MAP-21, the Secretary shall
submit a report to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate
regarding projects of national and regional
significance.
(2) Purpose.--The purpose of the report issued under
this subsection shall be to identify projects of
national and regional significance that--
(A) will significantly improve the
performance of the Federal-aid highway system,
nationally or regionally;
(B) is able to--
(i) generate national economic
benefits that reasonably exceed the
costs of the projects, including
increased access to jobs, labor, and
other critical economic inputs;
(ii) reduce long-term congestion,
including impacts in the State, region,
and the United States, and increase
speed, reliability, and accessibility
of the movement of people or freight;
and
(iii) improve transportation safety,
including reducing transportation
accidents, and serious injuries and
fatalities; and
(C) can be supported by an acceptable degree
of non-Federal financial commitments.
(3) Contents.--The report issued under this
subsection shall include--
(A) a comprehensive list of each project of
national and regional significance that--
(i) has been [complied] through a
survey of State departments of
transportation; and
(ii) has been classified by the
Secretary as a project of regional or
national significance in accordance
with this section;
(B) an analysis of the information collected
under [paragraph (1)] subparagraph (A),
including a discussion of the factors
supporting each classification of a project as
a project of regional or national significance;
and
(C) recommendations on financing for eligible
project costs.
* * * * * * *
SEC. 1801. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.
* * * * * * *
(d) [23 U.S.C. 147 note] Authorization of Appropriations.--In
addition to amounts made available to carry out section 147 of
title 23, United States Code, by section 1101 of this Act,
there are authorized to be appropriated such sums as may be
necessary to carry out such section 147 for fiscal year 2006
and each fiscal year thereafter. Such funds shall remain
available until expended.
(e) [23 U.S.C. 129 note] National Ferry Database.--
(1) Establishment.--The Secretary, acting through the
Bureau of Transportation Statistics, shall establish
and maintain a national ferry database.
(2) Contents.--The database shall contain current
information regarding ferry systems, including
information regarding routes, vessels, passengers and
vehicles carried, funding sources and such other
information as the Secretary considers useful.
(3) Update report.--Using information collected
through the database, the Secretary shall periodically
modify as appropriate the report submitted under
section 1207(c) of the Transportation Equity Act for
the 21st Century (23 U.S.C. 129 note; 112 Stat. 185-
186).
(4) Requirements.--The Secretary shall--
(A) compile the database not later than 1
year after the date of enactment of this Act
and update the database every 2 years
thereafter;
(B) ensure that the database is easily
accessible to the public; and
(C) make available, from the amounts made
available for the Bureau of Transportation
Statistics by section 5101 of this Act, not
more than $500,000 for each of fiscal years
2006 through 2009 to establish and maintain the
database.
* * * * * * *
(e) [23 U.S.C. 129 note] National Ferry Database.--
(1) Establishment.--The Secretary, acting through the
Bureau of Transportation Statistics, shall establish
and maintain a national ferry database.
(2) Contents.--The database shall contain current
information regarding ferry systems, including
information regarding routes, vessels, passengers and
vehicles carried, funding sources, including any
Federal, State, and local government funding sources,
and such other information as the Secretary considers
useful.
(3) Update report.--Using information collected
through the database, the Secretary shall periodically
modify as appropriate the report submitted under
section 1207(c) of the Transportation Equity Act for
the 21st Century (23 U.S.C. 129 note; 112 Stat. 185-
186).
(4) Requirements.--The Secretary shall--
(A) compile the database not later than 1
year after the date of enactment of this Act
and update the database every 2 years
thereafter;
(B) ensure that the database is easily
accessible to the public;
(C) ensure that the database is consistent
with the national transit database maintained
by the Federal Transit Administration; and
[(D) make available, from the amounts made
available for the Bureau of Transportation
Statistics by section 5101 of this Act, not
more than $500,000 for each of fiscal years
2006 through 2014 to establish and maintain the
database.]
(D) make available, from the amounts made
available for each fiscal year to carry out
chapter 63 of title 49, not more than $500,000
to maintain the database.
SEC. 4407. RIGHTS-OF-WAY.
Notwithstanding any other provision of law, the reciprocal
rights-of-way and easements identified on the map numbered
92337 and dated June 15, 2005, are [hereby enacted into law]
granted.
* * * * * * *
MAP-21
[Public Law 112-141]
SECTION 1. SHORT TITLE; ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) [23 U.S.C. 101 note] Short Title.--This Act may be cited
as the ``Moving Ahead for Progress in the 21st Century Act'' or
the ``MAP-21''.
DIVISION A--FEDERAL-AID HIGHWAYS AND HIGHWAY SAFETY CONSTRUCTION
PROGRAMS
TITLE I--FEDERAL-AID HIGHWAYS
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass
Transit Account):
(1) Federal-aid highway program.--For the national
highway performance program under section 119 of title
23, United States Code, the surface transportation
program under section 133 of that title, the highway
safety improvement program under section 148 of that
title, the congestion mitigation and air quality
improvement program under section 149 of that title,
and to carry out section 134 of that title--
(A)* * *
* * * * * * *
SEC. 1102. [23 U.S.C. 104 NOTE] OBLIGATION CEILING.
(a) General Limitation.--Subject to subsection (e), and
notwithstanding any other provision of law, the obligations for
Federal-aid highway and highway safety construction programs
shall not exceed--
(1) $39,699,000,000 for fiscal year 2013;
(2) $40,256,000,000 for fiscal year 2014; and
(3) [$33,528,284,932] $40,256,000,000 for the period
beginning on October 1, 2014, and ending on [July 31,
2015] September 30, 2015.
(b) Exceptions.--The limitations under subsection (a) shall
not apply to obligations under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation
Assistance Act of 1978 (23 U.S.C. 144 note; 92 Stat.
2714);
(3) section 9 of the Federal-Aid Highway Act of 1981
(95 Stat. 1701);
(4) subsections (b) and (j) of section 131 of the
Surface Transportation Assistance Act of 1982 (96 Stat.
2119);
(5) subsections (b) and (c) of section 149 of the
Surface Transportation and Uniform Relocation
Assistance Act of 1987 (101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal
Surface Transportation Efficiency Act of 1991 (105
Stat. 2027);
(7) section 157 of title 23, United States Code (as
in effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as
in effect for fiscal years 1998 through 2004, but only
in an amount equal to $639,000,000 for each of those
fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation
Equity Act for the 21st Century (112 Stat. 107) or
subsequent Acts for multiple years or to remain
available until expended, but only to the extent that
the obligation authority has not lapsed or been used;
(10) section 105 of title 23, United States Code
(but, for each of fiscal years 2005 through 2012, only
in an amount equal to $639,000,000 for each of those
fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note;
119 Stat. 1248), to the extent that funds obligated in
accordance with that section were not subject to a
limitation on obligations at the time at which the
funds were initially made available for obligation; and
(12) section 119 of title 23, United States Code
(but, for each of fiscal years 2013 through 2014, only
in an amount equal to $639,000,000 for each of those
fiscal years, and for the period beginning on October
1, 2014, and ending on [July 31, 2015] Septemver 30,
2015, only in an amount equal to $639,000,000, less any
reductions that would have otherwise been required for
that year by section 251A of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 901a),
then multiplied by [\304/365\] \365/365\ for that
period).
(c) Distribution of Obligation Authority.--For each of fiscal
years 2013 through 2014 and for the period beginning on October
1, 2014, and ending on [July 31, 2015] September 30, 2015, the
Secretary--
(1) shall not distribute obligation authority
provided by subsection (a) for the fiscal year or
period for--
(A) amounts provided for administrative
expenses and programs; and
(B) amounts authorized for the Bureau of
Transportation Statistics;
(2) shall not distribute an amount of obligation
authority provided by subsection (a) that is equal to
the unobligated balance of amounts or, for the period
beginning on October 1, 2014, and ending on [July 31,
2015] September 30, 2015, that is equal to [\304/365\]
\365/365\ of such unobligated balance--
(A) made available from the Highway Trust
Fund (other than the Mass Transit Account) for
Federal-aid highway and highway safety
construction programs for previous fiscal years
the funds for which are allocated by the
Secretary (or apportioned by the Secretary
under sections 202 or 204 of title 23, United
States Code); and
(B) for which obligation authority was
provided in a previous fiscal year;
(3) shall determine the proportion that--
(A) the obligation authority provided by
subsection (a) for the fiscal year or period,
less the aggregate of amounts not distributed
under paragraphs (1) and (2) of this
subsection; bears to
(B) the total of the sums authorized to be
appropriated for the Federal-aid highway and
highway safety construction programs (other
than sums authorized to be appropriated for
provisions of law described in paragraphs (1)
through (11) of subsection (b) and sums
authorized to be appropriated for section 119
of title 23, United States Code, equal to the
amount referred to in subsection (b)(12) for
the fiscal year or period), less the aggregate
of the amounts not distributed under paragraphs
(1) and (2) of this subsection;
(4) shall distribute the obligation authority
provided by subsection (a), less the aggregate amounts
not distributed under paragraphs (1) and (2), for each
of the programs (other than programs to which paragraph
(1) applies) that are allocated by the Secretary under
this Act and title 23, United States Code, or
apportioned by the Secretary under sections 202 or 204
of that title, by multiplying--
(A) the proportion determined under paragraph
(3); by
(B) the amounts authorized to be appropriated
for each such program for the fiscal year or
period; and
(5) shall distribute the obligation authority
provided by subsection (a), less the aggregate amounts
not distributed under paragraphs (1) and (2) and the
amounts distributed under paragraph (4), for Federal-
aid highway and highway safety construction programs
that are apportioned by the Secretary under title 23,
United States Code (other than the amounts apportioned
for the national highway performance program in section
119 of title 23, United States Code, that are exempt
from the limitation under subsection (b)(12) and the
amounts apportioned under 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 or period; 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 or period.
(d) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (c), the Secretary shall, after
August 1 of each of fiscal years 2013 through 2015--
(1) revise a distribution of the obligation authority
made available under subsection (c) if an amount
distributed cannot be obligated during that fiscal
year; and
(2) redistribute sufficient amounts to those States
able to obligate amounts in addition to those
previously distributed during that fiscal year, giving
priority to those States having large unobligated
balances of funds apportioned under sections 144 (as in
effect on the day before the date of enactment of this
Act) and 104 of title 23, United States Code.
(e) Applicability of Obligation Limitations to Transportation
Research Programs.--
(1) 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--
(A) chapter 5 of title 23, United States
Code; and
(B) division E of this Act.
(2) Exception.--Obligation authority made available
under paragraph (1) shall--
(A) 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) In general.--Not later than 30 days after the
date of distribution of obligation authority under
subsection (c) for each of fiscal years 2013 through
2014 and for the period beginning on October 1, 2014,
and ending on [July 31, 2015] September 30, 2015, 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 or period for Federal-aid highway
programs; and
(B) the Secretary determines will not be
allocated to the States (or will not be
apportioned to the States under section 204 of
title 23, United States Code), and will not be
available for obligation, for the fiscal year
or period because of the imposition of any
obligation limitation for the fiscal year or
period.
(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. 1116. [23 U.S.C. 167 NOTE] PRIORITIZATION OF PROJECTS TO IMPROVE
FREIGHT MOVEMENT.
[(a) In General.--Notwithstanding section 120 of title 23,
United States Code, the Secretary may increase the Federal
share payable for any project to 95 percent for projects on the
Interstate System and 90 percent for any other project if the
Secretary certifies that the project meets the requirements of
this section.
[(b) Increased Funding.--To be eligible for the increased
Federal funding share under this section, a project shall--
[(1) demonstrate the improvement made by the project
to the efficient movement of freight, including making
progress towards meeting performance targets for
freight movement established under section 150(d) of
title 23, United States Code; and
[(2) be identified in a State freight plan developed
pursuant to section 1118.
[(c) Eligible Projects.--Eligible projects to improve the
movement of freight under this section may include, but are not
limited to--
[(1) construction, reconstruction, rehabilitation,
and operational improvements directly relating to
improving freight movement;
[(2) intelligent transportation systems and other
technology to improve the flow of freight;
[(3) efforts to reduce the environmental impacts of
freight movement on the primary freight network;
[(4) railway-highway grade separation;
[(5) geometric improvements to interchanges and
ramps.
[(6) truck-only lanes;
[(7) climbing and runaway truck lanes;
[(8) truck parking facilities eligible for funding
under section 1401;
[(9) real-time traffic, truck parking, roadway
condition, and multimodal transportation information
systems;
[(10) improvements to freight intermodal connectors;
and
[(11) improvements to truck bottlenecks.
[SEC. 1117. [23 U.S.C. 167 NOTE] STATE FREIGHT ADVISORY COMMITTEES.
[(a) In General.--The Secretary shall encourage each State to
establish a freight advisory committee consisting of a
representative cross-section of public and private sector
freight stakeholders, including representatives of ports,
shippers, carriers, freight-related associations, the freight
industry workforce, the transportation department of the State,
and local governments.
[(b) Role of Committee.--A freight advisory committee of a
State described in subsection (a) shall--
[(1) advise the State on freight-related priorities,
issues, projects, and funding needs;
[(2) serve as a forum for discussion for State
transportation decisions affecting freight mobility;
[(3) communicate and coordinate regional priorities
with other organizations;
[(4) promote the sharing of information between the
private and public sectors on freight issues; and
[(5) participate in the development of the freight
plan of the State described in section 1118.
[SEC. 1118. [23 U.S.C. 167 NOTE] STATE FREIGHT PLANS.
[(a) In General.--The Secretary shall encourage each State to
develop a freight plan that provides a comprehensive plan for
the immediate and long-range planning activities and
investments of the State with respect to freight.
[(b) Plan Contents.--A freight plan described in subsection
(a) shall include, at a minimum--
[(1) an identification of significant freight system
trends, needs, and issues with respect to the State;
[(2) a description of the freight policies,
strategies, and performance measures that will guide
the freight-related transportation investment decisions
of the State;
[(3) a description of how the plan will improve the
ability of the State to meet the national freight goals
established under section 167 of title 23, United
States Code;
[(4) evidence of consideration of innovative
technologies and operational strategies, including
intelligent transportation systems, that improve the
safety and efficiency of freight movement;
[(5) in the case of routes on which travel by heavy
vehicles (including mining, agricultural, energy cargo
or equipment, and timber vehicles) is projected to
substantially deteriorate the condition of roadways, a
description of improvements that may be required to
reduce or impede the deterioration; and
[(6) an inventory of facilities with freight mobility
issues, such as truck bottlenecks, within the State,
and a description of the strategies the State is
employing to address those freight mobility issues.
[(c) Relationship to Long-range Plan.--A freight plan
described in subsection (a) may be developed separate from or
incorporated into the statewide strategic long-range
transportation plan required by section 135 of title 23, United
States Code.]
* * * * * * *
SEC. 1123. [23 U.S.C. 202 NOTE] TRIBAL HIGH PRIORITY PROJECTS PROGRAM.
(a) Definitions.--In this section:
(1)* * *
* * * * * * *
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated $30,000,000 out of the general fund of the
Treasury to carry out the program for each of fiscal
years 2013 and 2014 and [$24,986,301] $30,000,000 out
of the general fund of the Treasury to carry out the
program for the period beginning on October 1, 2014,
and ending on July 31, 2015.
* * * * * * *
SEC. 1317. [23 U.S.C. 109 NOTE] CATEGORICAL EXCLUSION FOR PROJECTS OF
LIMITED FEDERAL ASSISTANCE.
[Not later than]
(a) In General.--Not later than180 days after the date of
enactment of this Act, the Secretary shall--
(b) Inflationary Adjustment.--The dollar amounts described in
subsection (a) shall be adjusted for inflation--
(1) effective October 1, 2015, to reflect changes
since July 1, 2012, in the Consumer Price Index for All
Urban Consumers published by the Bureau of Labor
Statistics of the Department of Labor; and
(2) effective October 1, 2016, and each succeeding
October 1, to reflect changes for the preceding 12-
month period in the Consumer Price Index for All Urban
Consumers published by the Bureau of Labor Statistics
of the Department of Labor.
* * * * * * *
SEC. 1318. [23 U.S.C. 109 NOTE] PROGRAMMATIC AGREEMENTS AND ADDITIONAL
CATEGORICAL EXCLUSIONS.
(a) In General.--
* * * * * * *
(e) Programmatic Agreement Template.--
(1) In general.--The Secretary shall develop a
template programmatic agreement described in subsection
(d) that provides for efficient and adequate procedures
for evaluating Federal actions described in section
771.117(c) of title 23, Code of Federal Regulations (as
in effect on the date of enactment of this subsection).
(2) Use of template.--The Secretary--
(A) on receipt of a request from a State,
shall use the template programmatic agreement
developed under paragraph (1) in carrying out
this section; and
(B) on consent of the applicable State, may
modify the template as necessary to address the
unique needs and characteristics of the State.
(3) Outcome measurements.--The Secretary shall
establish a method to verify that actions described in
section 771.117(c) of title 23, Code of Federal
Regulations (as in effect on the date of enactment of
this subsection), are evaluated and documented in a
consistent manner by the State that uses the template
programmatic agreement under this subsection.
* * * * * * *
[SEC. 1319. [42 U.S.C. 4332A NOTE] ACCELERATED DECISIONMAKING IN
ENVIRONMENTAL REVIEWS.
[(a) In General.--In preparing a final environmental impact
statement under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), if the lead agency modifies the
statement in response to comments that are minor and are
confined to factual corrections or explanations of why the
comments do not warrant additional agency response, the lead
agency may write on errata sheets attached to the statement
instead of rewriting the draft statement, subject to the
condition that the errata sheets--
[(1) cite the sources, authorities, or reasons that
support the position of the agency; and
[(2) if appropriate, indicate the circumstances that
would trigger agency reappraisal or further response.
[(b) Incorporation.--To the maximum extent practicable, the
lead agency shall expeditiously develop a single document that
consists of a final environmental impact statement and a record
of decision, unless--
[(1) the final environmental impact statement makes
substantial changes to the proposed action that are
relevant to environmental or safety concerns; or
[(2) there are significant new circumstances or
information relevant to environmental concerns and that
bear on the proposed action or the impacts of the
proposed action.]
* * * * * * *
SEC. 1503. PROJECT APPROVAL AND OVERSIGHT.
(a) In General.--
* * * * * * *
[(c) [23 U.S.C. 104 note] Transparency and Accountability.--
[(1) Data collection.--The Secretary shall compile
and make available on the public website of the
Department of Transportation the annual expenditure
data for funds made available under title 23 and
chapter 53 of title 49, United States Code.
[(2) Requirements.--In carrying out paragraph (1),
the Secretary shall ensure that the data made available
on the public website of the Department of
Transportation--
[(A) is organized by project and State;
[(B) to the maximum extent practicable, is
updated regularly to reflect the current status
of obligations, expenditures, and Federal-aid
projects; and
[(C) can be searched and downloaded by users
of the website.
[(3) Report to congress.--The Secretary shall
annually submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works and the
Committee on Banking, Housing, and Urban Affairs of the
Senate a report containing a summary of the data
described in paragraph (1) for the 1-year period ending
on the date on which the report is submitted.]
* * * * * * *
SEC. 1519. CONSOLIDATION OF PROGRAMS; REPEAL OF OBSOLETE PROVISIONS.
(a) Consolidation of Programs.--From administrative funds
made available under section 104(a) of title 23, United States
Code, not less than $3,000,000 for each of [fiscal years 2013
and 2014] fiscal years 2013 through 2021 shall be made
available--
* * * * * * *
SEC. 50001. [23 U.S.C. 101 NOTE] SHORT TITLE.
This division may be cited as the ``Transportation Research
and Innovative Technology Act of 2012''.
TITLE I--FUNDING
SEC. 51001. 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) Highway research and development program.--To
carry out sections [503(b), 503(d), and 509] section
503(b) of title 23, United States Code, $115,000,000
for each of fiscal years 2013 and 2014.
* * * * * * *
TRANSPORTATION EQUITY ACT FOR THE 21st CENTURY
[Public Law 105-178]
SEC. 1216. INNOVATIVE SURFACE TRANSPORTATION FINANCING METHODS.
* * * * * * *
(b) Interstate System Reconstruction and Rehabilitation Pilot
Program.--
(1) Establishment.--The Secretary shall establish and
implement an Interstate System reconstruction and
rehabilitation pilot program under which the Secretary,
notwithstanding sections 129 and 301 of title 23,
United States Code, may permit a State to collect tolls
on a highway, bridge, or tunnel on the Interstate
System for the purpose of reconstructing and
rehabilitating Interstate highway corridors that could
not otherwise be adequately maintained or functionally
improved without the collection of tolls.
(2) Limitation on number of facilities.--The
Secretary may permit the collection of tolls under this
subsection on 3 facilities on the Interstate System.
Each of such facilities shall be located in a different
State.
(3) Eligibility.--To be eligible to participate in
the pilot program, a State shall submit to the
Secretary an application that contains, at a minimum,
the following:
(A) An identification of the facility on the
Interstate System proposed to be a toll
facility, including [the age, condition, and
intensity of use of the facility] an analysys
demonstrating that the facility has a
significant age, condition, or intensity of use
to require expedited reconstruction or
rehabilitation .
(B) In the case of a facility that affects a
metropolitan area, an assurance that the
metropolitan planning organization established
under section 134 of title 23, United States
Code, for the area has been consulted
concerning the placement and amount of tolls on
the facility.
(C) An analysis demonstrating that the
facility could not be maintained or improved to
meet current or future needs from the State's
apportionments and allocations made available
by this Act (including amendments made by this
Act) and from revenues for highways from any
other source without toll revenues.
(D) A facility management plan that
includes--
(i) a plan for implementing the
imposition of tolls on the facility;
(ii) a schedule and finance plan for
the reconstruction or rehabilitation of
the facility using toll revenues;
(iii) a description of the public
transportation agency that will be
responsible for implementation and
administration of the pilot program ,
and that demonstrates the capability of
that agency to perform or oversee the
building, operation, and maintenance of
a toll expressway system meeting
criteria for the Interstate System;
(iv) a description of whether
consideration will be given to
privatizing the maintenance and
operational aspects of the facility,
while retaining legal and
administrative control of the portion
of the Interstate route; and
(v) such other information as the
Secretary may require.
(E) An analysis showing how the State plan
for implementing tolls on the facility takes
into account the interests and use of local,
regional, and interstate travelers.
(F) An explanation of how the State will
collect tolls using electronic toll collection,
including at highway speeds, if practicable.
(G) A plan describing the proposed location
for the collection of tolls on the facility,
including any locations in proximity to a State
border.
(H) Approved documentation that the project--
(i) 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.); and
(ii) complies with the Uniform
Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42
U.S.C. 4601 et seq.).
[(4) Selection criteria.--The Secretary may approve
the application of a State under paragraph (3) only if
the Secretary determines that--
[(A) the State is unable to reconstruct or
rehabilitate the proposed toll facility using
existing apportionments;
[(B) the facility has a sufficient intensity
of use, age, or condition to warrant the
collection of tolls;
[(C) the State plan for implementing tolls on
the facility takes into account the interests
of local, regional, and interstate travelers;
[(D) the State plan for reconstruction or
rehabilitation of the facility using toll
revenues is reasonable; and
[(E) the State has given preference to the
use of a public toll agency with demonstrated
capability to build, operate, and maintain a
toll expressway system meeting criteria for the
Interstate System.]
[(5)] (4) Limitations on use of revenues; audits.--
[Before the Secretary may permit] As a condition of
permitting a State to participate in the pilot program,
the State must enter into an agreement with the
Secretary that provides that--
(A) all toll revenues received from operation
of the toll facility will be used only [for--]
for permissible uses described in section
129(a)(3) of title 23, United States Code; and
[(i) debt service;
[(ii) reasonable return on investment
of any private person financing the
project; and
[(iii) any costs necessary for the
improvement of and the proper operation
and maintenance of the toll facility,
including reconstruction, resurfacing,
restoration, and rehabilitation of the
toll facility; and
(B) regular audits will be conducted to
ensure compliance with subparagraph (A) and the
results of such audits will be transmitted to
the Secretary.
[(6) Limitation on use of interstate maintenance
funds.--During the term of the pilot program, funds
apportioned for Interstate maintenance under section
104(b)(4) of title 23, United States Code, may not be
used on a facility for which tolls are being collected
under the program.]
(5) Application processing procedure.--
(A) In general.--Not later than 60 days after
receipt of an application under this
subsection, the Secretary shall provide to the
applicant a written notice informing the
applicant whether--
(i) the application is complete and
meets all requirements under this
subsection; or
(ii) additional information or
materials are needed--
(I) to complete the
application; or
(II) to meet the eligibility
requirements under paragraph
(3).
(B) Additional information or materials.--
(i) In general.--Not later than 60
days after receipt of an application,
the Secretary shall--
(I) identify any additional
information or materials that
are needed under subparagraph
(A)(ii); and
(II) provide to the applicant
written notice specifying the
details of the additional
required information or
materials.
(ii) Amended application.--Not later
than 60 days after receipt of the
additional information under clause
(i), the Secretary shall determine if
the amended application is complete and
meets all requirements under this
subsection.
(C) Technical assistance.--On the request of
a State, the Secretary shall provide technical
assistance to facilitate the development of a
complete application under this paragraph that
is likely to satisfy the eligibility criteria
under paragraph (3).
(D) Approval of application.--On written
notice by the Secretary that the application is
complete and meets all requirements of this
subsection, the project is considered approved
and shall be permitted to participate in the
program under this subsection.
(E) Limitation on approved application.--
(i) In general.--For an application
received under this subsection on or
after the date of enactment of the
DRIVE Act for the reconstruction or
rehabilitation of a facility, a State
shall--
(I) not later than 1 year
after the date on which the
application is approved, issue
a solicitation for a contract
to provide for the
reconstruction or
rehabilitation of the facility;
and
(II) not later than 2 years
after the date on which the
application is approved,
execute a contract for the
reconstruction or
rehabilitation of the facility.
(ii) Prior applications.--For an
application that received a conditional
provisional approval under this
subsection before the date of enactment
of the DRIVE Act, for the
reconstruction or rehabilitation of a
facility, a State shall--
(I) not later than 1 year
after the date of enactment of
the DRIVE Act, issue a
solicitation for a contract to
provide for the reconstruction
or rehabilitation of the
facility; and
(II) not later than 2 years
after the date of enactment of
the DRIVE Act, execute a
contract for the reconstruction
or rehabilitation of the
facility.
(iii) Cancellation or extension.--If
an applicable deadline under clause (i)
or (ii) is not met, the Secretary
shall--
(I) cancel the application
approval; or
(II) grant an extension of
not more than 1 year for the
applicable deadline, on the
condition that--
(aa) there has been
demonstrable progress
toward meeting the
applicable
requirements; and
(bb) the requirements
are likely to be met
within 1 year.
(6) Limitation on the use of national highway
performance program funds.--During the term of the
pilot program, funds apportioned for the national
highway performance program under section 104(b)(1) of
title 23, United States Code, may not be used for a
facility for which tolls are being collected under the
pilot program unless the funds are used for a
maintenance purpose, as defined in section 101(a) of
title 23, United States Code.
(7) Withdrawal.--A State may elect to withdraw
participation of the State in the pilot program at any
time.
[(7)] (8)Program term.--The Secretary shall conduct
the pilot program under this subsection for a term to
be determined by the Secretary, but not less than 10
years after the date of enactment of the DRIVE Act.
[(8)] (9) Interstate system defined.--In this
subsection, the term ``Interstate System'' has the
meaning such term has under section 101 of title 23,
United States Code.
* * * * * * *
INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991
* * * * * * *
SEC. 1001. COMPLETION OF INTERSTATE SYSTEM.
(a) Declaration.--Congress declares that the authorizations
of appropriations and apportionments for construction of the
Dwight D. Eisenhower National System of Interstate and Defense
Highways made by this section (including the amendments made by
this section) are the final authorizations of appropriations
and apportionments for completion of construction of such
System.
(b) Approval of Interstate Cost Estimate for Fiscal Year
1993.--The Secretary shall apportion for all States (other than
Massachusetts) for fiscal year 1993 the sums authorized to be
appropriated for such year by section 108(b) of the Federal-Aid
Highway Act of 1956 for expenditure on the Dwight D. Eisenhower
National System of Interstate and Defense Highways, using the
apportionment factors contained in revised table 5 of the
Committee Print Numbered 102-24 of the Committee on Public
Works and Transportation of the House of Representatives.
* * * * * * *
SEC. 1105. HIGH PRIORITY CORRIDORS ON NATIONAL HIGHWAY SYSTEM.
(a) Findings.--The Congress finds that--
(1) the construction of the Interstate Highway System
connected the major population centers of the Nation
and greatly enhanced economic growth in the United
States;
(2) many regions of the Nation are not now adequately
served by the Interstate System or comparable highways
and require further highway development in order to
serve the travel and economic development needs of the
region; and
(3) the development of transportation corridors is
the most efficient and effective way of integrating
regions and improving efficiency and safety of commerce
and travel and further promoting economic development.
(b) Purpose.--It is the purpose of this section to identify
highway corridors and evacuation routes of national
significance; to include those corridors on the National
Highway System; to allow the Secretary, in cooperation with the
States, to prepare long-range plans and feasibility studies for
these corridors; to allow the States to give priority to
funding the construction of these corridors; and to provide
increased funding for segments of these corridors that have
been identified for construction.
(c) Identification of High Priority Corridors on National
Highway System.--The following are high priority corridors on
the National Highway System:
(1)* * *
* * * * * * *
[(13) Raleigh-Norfolk Corridor, Raleigh, North
Carolina, to Norfolk, Virginia.]
(13) Raleigh-Norfolk Corridor from Raleigh, North
Carolina, through Rocky Mount, Williamston and
Elizabeth City, North Carolina, to Norfolk, Virginia.
* * * * * * *
[(68) The Washoe County corridor, along Interstate
Route 580/United States Route 95/United States Route
95A, from Reno, Nevada, to Las Vegas, Nevada.]
(68) The Washoe County Corridor and the Intermountain
West Corridor shall generally follow:
(A) in the case of the Washoe County
Corridor, along Interstate Route 580/United
States Route 95/United States Route 95A, from
Reno, Nevada, to Las Vegas, Nevada; and
(B) in the case of the Intermountain West
Corridor, from the vicinity of Las Vegas
extending north along United States Route 95,
terminating at Interstate Route 80.
* * * * * * *
(81) United States Route 117/Interstate Route 795
from United States Route 70 in Goldsboro, Wayne County,
North Carolina, to Interstate Route 40 west of Faison,
Sampson County, North Carolina.
(82) United States Route 70 from its intersection
with Interstate Route 40 in Garner, Wake County, North
Carolina, to the Port at Morehead City, Carteret
County, North Carolina.
* * * * * * *
(e) Provisions Applicable to Corridors.--
(1) Long-range plan.--The Secretary, in cooperation
with the affected State or States, may prepare a long-
range plan for the upgrading of each corridor to the
appropriate standard for highways on the National
Highway System. Each such plan may include a plan for
developing the corridor and a plan for financing the
development.
(2) Feasibility studies.--The Secretary, in
cooperation with the affected State or States, may
prepare feasibility and design studies, as necessary,
for those corridors for which such studies have not
been prepared. A feasibility study may be conducted
under this subsection with respect to the corridor
described in subsection (c)(2), relating to Avenue of
the Saints, to determine the feasibility of an adjunct
to the Avenue of the Saints serving the southern St.
Louis metropolitan area and connecting with I-55 in the
vicinity of Route A in Jefferson County, Missouri. A
study may be conducted under this subsection to
determine the feasibility of constructing a more direct
limited access highway between Peoria and Chicago,
Illinois. A feasibility study may be conducted under
this paragraph to identify routes that will expedite
future emergency evacuations of coastal areas of
Louisiana.
(3) Certification acceptance.--The Secretary may
discharge any of his responsibilities under title 23,
United States Code, relative to projects on a corridor
identified under subsection (c), upon the request of a
State, by accepting a certification by the State in
accordance with section 117 of such title.
(4) Acceleration of projects.--To the maximum extent
feasible, the Secretary may use procedures for
acceleration of projects in carrying out projects on
corridors identified in subsection (c).
(5) Inclusion of certain route segments on interstate
system.--
(A) In general.--The portions of the routes
referred to in subsection (c)(1), subsection
(c)(3) (relating solely to the Kentucky
Corridor), clauses (i), (ii), and (except with
respect to Georgetown County) (iii) of
subsection (c)(5)(B), subsection (c)(9),
subsection (c)(13), [subsections (c)(18) and
(c)(20)\1\, subsection (c)(36)] subsection
(c)(18), subsection (c)(20), subparagraphs (A)
and (B)(i) of subsection (c)(26), subsection
(c)(36), subsection (c)(37), subsection
(c)(40), subsection (c)(42), subsection
(c)(45), subsection (c)(54), [and subsection
(c)(57)] subsection (c)(57), subsection
(c)(68)(B), subsection (c)(81), and subsection
(c)(82) that are not a part of the Interstate
System are designated as future parts of the
Interstate System. Any segment of such routes
shall become a part of the Interstate System at
such time as the Secretary determines that the
segment meets the Interstate System design
standards approved by the Secretary under
section 109(b) of title 23, United States Code,
and is planned to connect to an existing
Interstate System segment by the date that is
25 years after the date of enactment of the
MAP-21.
* * * * * * *
(C) Routes.--
(i) Designation.--The portion of the
route referred to in subsection (c)(9)
is designated as Interstate Route I-99.
The routes referred to in subsections
(c)(18) and (c)(20) shall be designated
as Interstate Route I-69. A State
having jurisdiction over any segment of
routes referred to in subsections
(c)(18) and (c)(20) shall erect signs
identifying such segment that is
consistent with the criteria set forth
in subsections (e)(5)(A)(i) and
(e)(5)(A)(ii) as Interstate Route I-69,
including segments of United States
Route 59 in the State of Texas. The
segment identified in subsection
(c)(18)(D)(i) shall be designated as
Interstate Route I-69 East, and the
segment identified in subsection
(c)(18)(D)(ii) shall be designated as
Interstate Route I-69 Central. The
State of Texas shall erect signs
identifying such routes as segments of
future Interstate Route I-69. The
portion of the route referred to in
subsection (c)(36) is designated as
Interstate Route I-86. The Louie B.
Nunn Parkway corridor referred to in
subsection (c)(3) shall be designated
as Interstate Route 66. A State having
jurisdiction over any segment of routes
and/or corridors referred to in
subsections (c)(3) shall erect signs
identifying such segment that is
consistent with the criteria set forth
in subsections (e)(5)(A)(i) and
(e)(5)(A)(ii) as Interstate Route 66.
Notwithstanding the provisions of
subsections (e)(5)(A)(i) and
(e)(5)(A)(ii), or any other provisions
of this Act, the Commonwealth of
Kentucky shall erect signs, as approved
by the Secretary, identifying the
routes and/or corridors described in
subsection (c)(3) for the Commonwealth,
as segments of future Interstate Route
66. The Purchase Parkway corridor
referred to in subsection (c)(18)(E)
shall be designated as Interstate Route
69. A State having jurisdiction over
any segment of routes and/or corridors
referred to in subsections (c)(18)
shall erect signs identifying such
segment that is consistent with the
criteria set forth in subsections
(e)(5)(A)(i) and (e)(5)(A)(ii) as
Interstate Route 69. Notwithstanding
the provisions of subsections
(e)(5)(A)(i) and (e)(5)(A)(ii), or any
other provisions of this Act, the
Commonwealth of Kentucky shall erect
signs, as approved by the Secretary,
identifying the routes and/or corridors
described in subsection (c)(18) for the
Commonwealth, as segments of future
Interstate Route 69. The route referred
to in subsection (c)(45) is designated
as Interstate Route I-22. [The routes
referred to subparagraphs (A)(iii) and
(B)(i) of subsection (c)(26) are
designated as Interstate Route I-11.]
The routes referred to in subparagraphs
(A) and (B)(i) of subsection (c)(26)
and in subsection (c)(68)(B) are
designated as Interstate Route I-11.
* * * * * * *
Highway and Transportation Funding Act of 2014
* * * * * * *
SEC. 1001. EXTENSION OF FEDERAL-AID HIGHWAY PROGRAMS.
(a) In general.--Except as provided in this subtitle,
requirements, authorities, conditions, eligibilities,
limitations, and other provisions authorized under divisions A
and E of MAP-21 (Public Law 112-141), the SAFETEA-LU Technical
Corrections Act of 2008 (Public Law 110-244), titles I, V, and
VI of SAFETEA-LU (Public Law 109-59), titles I and V of the
Transportation Equity Act for the 21st Century (Public Law 105-
178), the National Highway System Designation Act of 1995 (104-
59), titles I and VI of the Intermodal Surface Transportation
Act of 1991 (Public Law 102-240), and title 23, United States
Code (excluding chapter 4 of that title), which would otherwise
expire on or cease to apply after September 30, 2014, are
incorporated by reference and shall continue in effect until
[July 31, 2015] September 30, 2015.
(b) Authorization of appropriations.--
(1) Highway Trust Fund.--Except as provided in
section 1002, there is authorized to be appropriated
out of the Highway Trust Fund (other than the Mass
Transit Account) for the period beginning on October 1,
2014, and ending on [July 31, 2015] September 30, 2015,
a sum equal to [\304/365\] \365/365\ of the total
amount authorized to be appropriated out of the Highway
Trust Fund for programs, projects, and activities for
fiscal year 2014 under divisions A and E of MAP-21
(Public Law 112-141) and title 23, United States Code
(excluding chapter 4 of that title).
(2) General fund.--Section 1123(h)(1) of MAP-21 (23
U.S.C. 202 note) is amended by inserting ``and
$19,972,603 out of the general fund of the Treasury to
carry out the program for the period beginning on
October 1, 2014, and ending on May 31, 2015'' before
the period at the end.
(c) Use of Funds.--
(1) In general.--Except as otherwise expressly
provided in this subtitle, funds authorized to be
appropriated under subsection (b)(1) for the period
beginning on October 1, 2014, and ending on [July 31,
2015] September 30, 2015, shall be distributed,
administered, limited, and made available for
obligation in the same manner and at the same levels as
[\304/365\] \365/365\ of the amounts of funds
authorized to be appropriated out of the Highway Trust
Fund (other than the Mass Transit Account) for fiscal
year 2014 to carry out programs, projects, activities,
eligibilities, and requirements under MAP-21 (Public
Law 112-141), the SAFETEA-LU Technical Corrections Act
of 2008 (Public Law 110-244), SAFETEA-LU (Public Law
109-59), titles I and V of the Transportation Equity
Act for the 21st Century (Public Law 105-178), the
National Highway System Designation Act of 1995 (104-
59), titles I and VI of the Intermodal Surface
Transportation Act of 1991 (Public Law 102-240), and
title 23, United States Code (excluding chapter 4 of
that title).
(2) Contract Authority.--Funds authorized to be
appropriated out of the Highway Trust Fund (other than
the Mass Transit Account) under this section shall be--
(A) available for obligation and shall be
administered in the same manner as if such
funds were apportioned under chapter 1 of title
23, United States Code; and
(B) subject to section 1102 of MAP-21 (23
U.S.C. 104 note), as amended [by this
subsection].
* * * * * * *
SEC. 1002. ADMINISTRATIVE EXPENSES.
(a) Authorization of Contract Authority.--Notwithstanding any
other provision of this Act or any other law, there is
authorized to be appropriated from the Highway Trust Fund
(other than the Mass Transit Account), from amounts provided
under section 1001, for administrative expenses of the Federal-
aid highway program [$366,465,753] $440,000,000 for the period
beginning on October 1, 2014, and ending on [July 31, 2015]
September 30, 2015.
(b) Contract authority.--Funds authorized to be appropriated
by this section shall be--
(1) available for obligation, and shall be
administered, in the same manner as if such funds were
apportioned under chapter 1 of title 23, United States
Code, except that such funds shall remain available
until expended; and
(2) for the period beginning on October 1, 2014, and
ending on [July 31, 2015] September 30, 2015, subject
to the limitations on administrative expenses under the
heading ``Federal Highway Administration'' in
appropriations Acts that apply to that period.
* * * * * * *
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