[Senate Report 116-200]
[From the U.S. Government Publishing Office]
Calendar No. 170
116th Congress } { Report
SENATE
2d Session } { 116-200
======================================================================
AMERICA'S TRANSPORTATION INFRASTRUCTURE ACT OF 2019
_______
January 8, 2020.--Ordered to be printed
_______
Mr. Barrasso, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 2302]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred the bill (S. 2302) to amend title 23, United States
Code, to authorize funds for Federal-aid highways and highway
safety construction programs, and for other purposes, having
considered the same, reports favorably thereon with an
amendment in the nature of a substitute and recommends that the
bill, as amended, do pass.
General Statement and Background
Legislation authorizing Federal investment in our nation's
highways dates back over 100 years, to the passage of the
Federal Aid Road Act of 1916 and the Federal Highway Act of
1921. However, it was the enactment of the Federal-Aid Highway
Act of 1956 which significantly increased Federal investment in
America's 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 Federal
fees, established new fees, and provided that most of the
revenues from these fees 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 fees 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
multimodal 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 Interstate
System, principal arterial roads important for national
defense, mobility, and commerce along with connections to
intermodal transfer facilities, international commerce and
border crossings, public transportation and commuter rail
networks, 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,
Americans depend on a well-maintained NHS that provides
critical connections within and between urban and rural
communities.
Transportation Equity Act for the 21st Century
The Transportation Equity Act for the 21st Century (TEA-21)
was signed into law by President 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) was signed into law by President Barack Obama on July 6,
2012 as Public Law 112-141. MAP-21 reauthorized the Federal-aid
highway program at the Congressional Budget Office's baseline
funding level of $75,274,819,674 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,
refocus the Federal-aid highway program's investment in key
networks and assets, improve the efficiency of infrastructure
project delivery, increase flexibility, and establish data-
driven decision-making and performance criteria. MAP-21
achieved many of those goals by consolidating and modernizing
Federal surface transportation programs into a smaller number
of programs with broader eligibilities, providing more grantee
flexibility, and requiring data collection and performance
targets for key transportation outcomes.
Fixing America's Surface Transportation Act
On December 4, 2015, President Obama signed the Fixing
America's Surface Transportation (FAST) Act (Pub. L. No. 114-
94) into law--the first Federal law in over a decade to provide
long-term certainty and increased funding for surface
transportation infrastructure planning and investment. The FAST
Act authorized $225,190,000,000 over fiscal years 2016 through
2020 for highway programs and maintained the structure of the
various highway-related programs established in MAP-21. FAST
maintained a focus on safety improvement, continued efforts to
streamline project delivery and, for the first time ever,
introduced both formula and competitive funding dedicated to
highway and intermodal freight. With the enactment of FAST,
State and local partners had a renewed Federal partnership that
enabled them to carry out multi-year surface transportation
plans with confidence.
America's Transportation Infrastructure Act
America's Transportation Infrastructure Act (ATIA) builds
on the success of the programs and comprehensive reforms and
performance-based approach to transportation investment
included in MAP-21 and FAST. It also provides another five
years of program authorization, at an increased funding level,
giving State and local governments the certainty and stability
they need to improve and develop our nation's transportation
infrastructure. ATIA is the largest amount of funding provided
by highway reauthorization legislation in history. The bill
authorizes $286,766,861,890 from the Highway Trust Fund for
investments to maintain and repair America's roads and bridges
and to keep our economy moving. Highlights of the legislation
include:
Strong, stable Federal partnership.-- ATIA builds upon the
FAST Act and delivers a strong, stable Federal partnership
through a 27 percent increase in funding over five years,
relative to the previous five year period, with over 90 percent
distributed to States by formula. Most importantly, this
critical commitment is delivered on time and provides long-term
continuity of funding for State and local governments to
continue carrying out multi-year transportation plans.
Infrastructure for Rebuilding America (INFRA).--ATIA
increases funding for the Nationally Significant Freight and
Highway Projects program, currently known as ``INFRA,'' by
providing $5,500,000,000 over five years. The bill increases
funding flexibilities, and prioritizes certain critical rural
state Interstate System interchange projects as well as certain
urban state projects. The bill increases the minimum amount of
INFRA funds that go towards smaller projects from 10 percent to
15 percent. The bill also increases the amount that may be used
for eligible multimodal projects to 30 percent of the amounts
made available for grants in each of fiscal years 2021 through
2025. This is an increase from the $500,000,000 multimodal
project limit provided in the FAST Act. The bill sets aside
$150,000,000 per year for a pilot program that prioritizes
projects offering a higher non-Federal match. The bill also
creates new grant administration transparency requirements.
Bridge investment program.--ATIA authorizes $6,530,000,000
over five years, including $3,265,000,000 from the Highway
Trust Fund, for a competitive bridge program to address the
backlog of bridges in or near poor condition nationwide. Every
State with a well-justified proposal will receive funding to
improve the condition and safety of its aging bridges. In
addition, in order to enable agencies to support large bridge
projects, no less than 50 percent of the program will support
bridges with a total project cost larger than $100,000,000.
This program provides the opportunity for the use of multi-year
grant agreements for large projects, to enable more bridge
projects to receive the grant funding needed to proceed to
construction. This legislation also includes a tribal set-aside
of $100,000,000 over the reauthorization to be directed to the
Tribal Transportation Bridge Program.
New safety programs.--In addition to increases in the
existing Highway Safety Improvement Program, ATIA includes a
new safety funding supplemental of $500,000,000 per year
distributed to States based on their current formula share with
a portion sub-allocated to urbanized and non-urbanized areas of
each State based on population. These funds support projects
that would lower motor vehicle-related fatalities, with a
particular focus on bicyclist and pedestrian safety. States can
receive greater project flexibility and a higher Federal share
if they meet certain safety planning requirements. In addition,
States and local governments that have made progress on
reducing fatalities can compete for additional funding awards.
ATIA provides $250,000,000 over 5 years for projects
designed to reduce wildlife-vehicle collisions, adds new
eligibilities for wildlife crossing structures within formula
and competitive programs, and prioritizes the research and
development of animal detection systems to reduce the number of
wildlife-vehicle collisions.
Project delivery and process improvement.--ATIA codifies
core elements of the One Federal Decision policy for highway
projects including: a 2-year goal for completion of
environmental reviews; a 90-day timeline for related project
authorizations; a single environmental document and record of
decision to be signed by all participating agencies; and an
accountability and tracking system managed by the Secretary of
the Department of Transportation (DOT). In addition, the bill
provides project sponsors with the flexibility to apply the
core elements of the One Federal Decision policy to highway
projects that require an environmental assessment.
ATIA provides flexibility to DOT during the environmental
review process, allowing the agency to set a schedule for
projects, and limiting a possible extension request for other
participating agencies to only one year. In addition, the bill
requires the Secretary to provide a list of categorical
exclusions applicable to highway projects to regulatory
agencies and directs those agencies to publish a notice of
proposed rulemaking to adopt relevant categorical exclusions,
as appropriate, within one year.
To accelerate project delivery and to ensure the equitable
treatment of States by the DOT, ATIA requires the Secretary to
exercise all available flexibilities under current law, as long
as they are in the public interest. The bill requires the
Secretary to develop a simplified template for Federal-State
stewardship agreements and to remove non-statutory approval
requirements from such agreements. The bill amends DOT
regulations to lower paperwork burdens on States associated
with traffic management plans for highway projects, work zone
process reviews, and intelligent transportation system
standards.
ATIA includes changes to the Transportation Infrastructure
Finance and Innovation Act (TIFIA) program to streamline the
application process and to increase transparency and timeline
certainty for projects seeking TIFIA funds. Additionally, the
bill adds new eligibilities to the TIFIA program.
ATIA increases funding for the Technology and Innovation
Deployment Program. These funds include $100,000,000 to support
new and innovative construction technologies for smarter,
accelerated project delivery.
Tribal and Federal lands programs.--ATIA provides increased
funding for tribal and Federal lands transportation programs,
which includes $2,975,000,000 for the Tribal Transportation
Program and $2,165,000,000 for the Federal Lands Transportation
Program over five years. In addition, the bill provides
$250,000,000 over five years in dedicated funding for the
Nationally Significant Federal Lands and Tribal Projects
program, which will fund the construction and rehabilitation of
nationally significant projects on Federal and tribal lands.
Climate change.--ATIA includes a new title dedicated to
climate change including new programs to improve resiliency,
protect the environment, and reduce emissions.
ATIA invests $4,930,000,000 over 5 years in a new
resiliency program to protect roads and bridges from natural
disasters such as wildfires, and extreme weather events such as
hurricanes, flooding, and mudslides. The new program includes
both formula and competitive grant funding. This program will
distribute $3,930,000,000 to States based on their current
formula share. The remaining $1,000,000,000 will support
resiliency projects nationwide on a competitive basis,
including projects designed to improve resilience in coastal
States and funds for emergency evacuation routes.
ATIA includes $3,000,000,000 over 5 years in new funding
distributed to States based on their current formula share to
support projects, with a portion sub-allocated to urbanized and
non-urbanized areas of each State based on population, to lower
highway-related carbon emissions. States can receive greater
project flexibility and a higher Federal share if they meet
certain emissions planning requirements. States and cities that
have made progress in lowering their highway-related carbon
emissions can also compete for an additional $500,000,000 over
5 years. Further, in preparation for the expected increase of
alternative fuel vehicles, the bill establishes a competitive
grant program funded at $1,000,000,000 over 5 years, for States
and localities to build hydrogen, natural gas, and electric
vehicle (EV) fueling infrastructure along designated highway
corridors which lack sufficient infrastructure.
ATIA includes $200,000,000 over 5 years for a new program
to help States and cities reduce traffic congestion in and
around large urbanized areas, and $370,000,000 over five years
for a new program to reduce truck emissions at ports.
The bill also includes reauthorization of the Diesel
Emissions Reduction Act (DERA) program through voluntary grants
and rebates, which reduces emissions from diesel engines, and
the Utilizing Significant Emissions with Innovative
Technologies (USE IT) Act, to support research and deployment
of carbon capture, utilization, and sequestration projects and
carbon dioxide pipelines.
Conclusion
Improving the nation's surface transportation
infrastructure and improving upon the previously enacted
reforms included in MAP-21 and FAST, and delivering five years
of funding certainty at an increased funding level, will
provide long-term benefits to the United States. With a 27
percent increase above the FAST Act and a first of its kind
climate title, ATIA would be a bill of historic proportions and
would deliver the largest funding authorization ever enacted.
The bill also maintains each State's share of highway formula
funding, ensuring that each State will receive increased
funding. Further, the bill expands the flexibility and eligible
uses of formula funds. These key features provide critical
long-term stability and certainty which will allow State and
local governments to invest immediately in much-needed projects
to maintain and improve the nation's surface transportation
infrastructure. In addition to funding certainty and program
stability, the bill includes key priorities and targeted
reforms designed to improve the safety of roadway users,
accelerate project delivery, improve resiliency to disasters,
reduce highway emissions, and grow the economy.
Objectives of the Legislation
S. 2302, as amended, authorizes Federal-aid highway and
highway safety construction programs through Fiscal Year 2025.
Section-by-Section Analysis
Sec. 1. Short title; table of contents
Section 1 states that the Act may be cited as ``America's
Transportation Infrastructure Act of 2019'' (ATIA) and includes
a Table of Contents.
Sec. 2. Definitions
Section 2 defines the ``Department'' for the purpose of the
Act as the Department of Transportation, and defines the
``Secretary'' for the purposes of the Act as the Secretary of
Transportation.
Sec. 3. Effective date
Section 3 provides that ATIA and amendments made by ATIA
take effect on October 1, 2020.
TITLE I--FEDERAL-AID HIGHWAYS
SUBTITLE A--AUTHORIZATIONS AND PROGRAMS
Sec. 1101. Authorization of appropriations
Section 1101 provides the level of contract authority
funding to be made available from the Highway Trust Fund, as
well as the level of certain authorizations for appropriation
from the General Fund, for Federal-aid highway programs for the
five-year authorization period of the bill, fiscal years 2021
through 2025.
Sec. 1102. Obligation ceiling
Section 1102 sets the annual limitation on obligations for
Federal-aid highway programs for each of fiscal years 2021
through 2025. This section identifies the programs that are
exempt from the obligation limitation and provides the
methodology for distributing the obligation authority between
programs and among the States.
Sec. 1103. Definitions
Section 1103 modifies the definition of the term
``construction'' to include activities associated with
assessing resilience and building wildlife crossing structures,
modifies the definition of the term ``transportation systems
management and operations'' to include consideration of
incorporating natural infrastructure, and adds definitions for
the terms ``resilience'' and ``natural infrastructure'' to the
list of defined terms under Section 101 of title 23.
Sec. 1104. Apportionment
Section 1104 provides the amounts for administrative
expenses of FHWA for each fiscal year and the calculation
process for distributing Federal-aid highway funds between
programs and among the States.
Sec. 1105. National highway performance program
Section 1105 augments the purpose of the National Highway
Performance Program (NHPP) to include a focus on measures that
increase resiliency to the impacts of sea level rise, extreme
weather events, flooding, and other natural disasters, such as
earthquakes and rockslides. This section allows a State to use
up to 15 percent of its NHPP funds for protective features on a
Federal-aid highway or bridge that is off the National Highway
System if the protective feature is designed to mitigate the
risk of recurring damage or the cost of future repairs from
extreme weather events, flooding, or other natural disasters.
Sec. 1106. Emergency relief
Section 1106 clarifies the Emergency Relief (ER) program to
include repairing damage from natural disasters over a wide
area caused by wildfire and sea level rise and to allow the use
of ER program funds for protective features designed to
mitigate the risk of recurring damage or the cost of future
repairs from extreme weather events, flooding, or other natural
disasters.
This section also removes the restriction on funding for
certain projects that were already included on a statewide
transportation improvement plan at the time of a disaster. This
section also expands the definition of a comparable facility to
include a facility that incorporates economically justifiable
improvements designed to mitigate the risk of recurring damage
from extreme weather events, flooding, or other natural
disasters.
Sec. 1107. Federal share payable
Section 1107 provides for a Federal share payable of up to
100 percent for a protective feature on a Federal-aid highway
or bridge project if such protective feature is an improvement
designed to mitigate the risk of recurring damage or the cost
of future repair from extreme weather events, flooding, and
other natural disasters.
Sec. 1108. Railway-highway grade crossings
Section 1108 continues to set aside $245,000,000 of the
funding authorized for the Highway Safety Improvement Program
(HSIP) for the Railway-Highway Crossings (Section 130) Program
for each of fiscal years 2021 through 2025. This section
removes the requirement that at least half of the funds set
aside for the Section 130 program must be for the installation
of protective devices at railway-highway crossings. This
section increases the Federal share for projects funded under
the Section 130 program from 90 to 100 percent. This section
emphasizes eligibility for projects to reduce pedestrian
fatalities and injuries from trespassing at grade crossings,
and states that it is the sense of Congress that the DOT
should, where feasible, coordinate efforts to prevent or reduce
trespasser deaths along railroad rights-of-way and at or near
railway-highway crossings. This section requires the
Comptroller General to submit a report that includes an
analysis of the effectiveness of the Section 130 program as a
set-aside within HSIP.
Sec. 1109. Surface transportation block grant program
Section 1109 increases the amount of funding set aside
within the Surface Transportation Block Grant (STBG) Program
for the Transportation Alternatives Program (TAP), increases
the minimum percentage of TAP funding that is sub-allocated on
the basis of population to 57.5 percent, and provides a process
by which States may opt to increase that percentage to as high
as 100 percent. This section allows a State to elect to use up
to 7 percent of TAP funds on technical and application
assistance and administration, adds eligibilities for smaller
communities to apply for TAP funding, and adds flexibility to
the application of Federal share requirements under TAP.
This section also adds new eligibilities to STBG including
the construction of wildlife crossing structures, rural barge
landings, docks, and waterfront infrastructure projects, and
the construction of certain privately-owned ferry boats and
terminals. This section allows program funds to be used for
projects that use natural infrastructure to enhance resilience
of a transportation facility otherwise eligible for assistance
under STBG. This section also allows low water crossing
replacement projects to be eligible for use under the off-
system bridge set-side, and allows such projects to be eligible
for soft match credit if an entity pursues a project with its
own funds. This section maintains the percentage of STBG
funding that is suballocated at 55 percent.
Sec. 1110. Nationally significant freight and highway projects
Section 1110 amends the Nationally Significant Freight and
Highway Projects (NSFHP) program (also known as the INFRA grant
program) by setting aside $1,000,000,000 for certain critical
rural state Interstate System interchange projects and certain
urban state projects, and by raising the cap on eligible
multimodal projects to 30 percent of the amounts made available
for grants in each of fiscal years 2021 through 2025. This
section provides a limited amount of funds (no more than two
percent of program funds total) for the purposes of grant
application review, grant administration, and oversight by the
National Surface Transportation and Innovative Finance Bureau
(also known as the Build America Bureau), and by the relevant
operating administrations.
This section sets aside $150,000,000 per year of NSFHP
funds for a pilot program that prioritizes applications
offering the greatest non-Federal share of project costs. The
purpose of the pilot program is to incentivize eligible
entities to offer more of their own funding by instructing DOT
to prioritize grants that include larger State or non-Federal
matches. In implementing the program, the Secretary is
encouraged to fund multiple projects that improve the
performance and safety of the national highway system,
including by utilizing road designs that separate commercial
truck traffic from passenger vehicle traffic.
This section also increases the minimum amount (from 10
percent to 15 percent) that the Secretary shall reserve for
small projects, as defined by NSFHP, and requires that not less
than 30 percent of funds reserved for small projects be used
for certain projects in rural areas. This section also
increases the Federal share allowable for small projects from
60 to 80 percent, and allows increased maximum Federal
involvement for a State with a population density of not more
than 80 persons per square mile.
This section also adds the enhancement of freight
resilience to natural hazards or disasters such as high winds,
heavy snowfall, flooding, rockslides, mudslides, wildfire, or
steep grades as an additional consideration when making NSFHP
grants. The section adds wildlife crossings, surface
transportation improvements functionally connected to an
international border crossing, and marine highway projects
functionally connected to the National Highway Freight Network
as eligible projects.
This section allows NSFHP grants and other competitively
awarded grants greater than $5,000,000 to be expended after
grant selection but prior to the grant agreement being signed,
and for such funds to be credited toward the non-Federal cost
share of the project. This section expands the transparency
requirements in project selection and requires the Secretary to
provide each eligible applicant not selected for an NSFHP grant
a written notification that the eligible applicant was not
selected, which shall include an offer for a debrief as to why
the project was not selected. For each project selected for a
grant, this section requires the Secretary to submit a report
to Congress explaining the reasons the project was selected.
Further, this section requires the Comptroller General and the
DOT Inspector General to conduct separate assessments of the
NSFHP project selection process.
Sec. 1111. Highway safety improvement program
Section 1111 restores flexibility to fund certain non-
infrastructure activities and behavioral safety projects, such
as educational campaigns about traffic safety and enforcement
activities, and allows a State to spend up to 25 percent of its
Highway Safety Improvement Program funds on such projects. This
section includes leading pedestrian intervals as an eligible
highway safety improvement project. Leading pedestrian
intervals are traffic signals that allow pedestrians to begin
walking prior to the green light for vehicles, which improves
pedestrian safety.
Sec. 1112. Federal lands transportation program
Section 1112 raises the cap on Federal Lands Transportation
Program (FLTP) funds that may be used to improve public safety
and reduce wildlife vehicle collisions while maintaining
habitat connectivity from $10,000,000 to $20,000,000 per year.
This section also requires entities carrying out FLTP projects
to consider the use of native plants and designs that minimize
runoff and heat generation.
Sec. 1113. Federal lands access program
Section 1113 broadens activities eligible under the Federal
Lands Access Program (FLAP) to include contextual wayfinding
markers, landscaping, and cooperative mitigation of visual
blight. This section also requires entities carrying out FLAP
projects to consider the use of native plants and designs that
minimize runoff and heat generation. This section also allows
the use of context-sensitive solutions, which help to ensure
that designs for a built structure's size, scale, spacing,
lighting, materials, and other design elements are respectful
of the setting's natural, scenic, historical, archaeological,
and cultural values and visually connect or integrate the
character of the Federal lands with adjacent areas and
communities.
Sec. 1114. National highway freight program
Section 1114 increases the maximum number of highway miles
a State may designate as critical rural freight corridors from
150 to 300 miles, and as critical urban freight corridors from
75 to 150 miles. This section also provides additional
flexibility for lower population-density States to designate as
critical rural freight corridors a maximum of 600 miles of
highway, or 25 percent of the primary highway freight system
mileage in the State--whichever is greater. The section
increases the percent of program funds that may be used for
eligible multimodal projects from a 10 percent cap to a 30
percent cap, and adds lock, dam, and marine highway projects as
eligible as long as the projects are functionally connected to
the National Highway Freight Network and are likely to reduce
on-road mobile source emissions.
Sec. 1115. Congestion mitigation and air quality improvement program
Section 1115 adds flexibility to the Congestion Mitigation
and Air Quality Improvement Program (CMAQ) by allowing States
to spend up to 10 percent of CMAQ funds on certain lock and dam
modernization or rehabilitation projects and certain marine
highway corridor, connector, or crossings projects if such
projects are functionally connected to the Federal-aid highway
system and are likely to contribute to the attainment or
maintenance of a national ambient air quality standard. This
section also clarifies when eligible transit operating costs
are not subject to a time limitation or phase-out requirement.
Sec. 1116. National scenic byways program
Section 1116 requires the Secretary to issue a request for
nominations with respect to roads to be designated under the
National Scenic Byways Program, and to publish the list of
newly designated roads within one year of the date of
enactment. This section does not provide funding for the
program.
Sec. 1117. Alaska highway
Section 1117 clarifies that the Secretary may provide
allocated and apportioned funding for certain sections of the
Alaska Highway, including sections in Canada, if the highway
meets all applicable eligibility requirements. This section
does not create new programs or funding sources. This section
does not alter current or require new agreements between the
United States and Canada.
Sec. 1118. Toll roads, bridges, tunnels, and ferries
Section 1118 clarifies that the construction of ferry boats
and terminals also includes the construction of maintenance
facilities, and permits the use of Federal funds to procure
transit vehicles as part of the ferry boat program if the
vehicles are used exclusively as part of an intermodal ferry
trip.
Sec. 1119. Bridge investment program
Section 1119 establishes a new competitive grant program at
23 U.S.C. 124 to assist State, local, Federal and tribal
entities in rehabilitating or replacing bridges, including
culverts.
Subsection 124(a) defines eligible projects, which include
a bundle of projects and culverts, and defines large projects,
which means an eligible project with total eligible project
costs of greater than $100 million.
Subsection (b) establishes the program, and outlines
program goals to improve the safety and condition of bridges in
poor condition or that are at risk of falling into poor
condition within 3 years, or that are not designed
appropriately to meet the load and traffic requirements of the
regional transportation network of which they are a part.
Subsection (c) sets forth grant authority, and minimum
grant amounts for large projects and other eligible projects.
The minimum grant amount for a large project is not less than
$50,000,000; the minimum grant amount for any other eligible
project is $2,500,000. In all cases, grant amounts, in
combination with other anticipated funds, should be of a size
sufficient to enable the project to proceed through completion.
Further, subsection (c) details the maximum amount of
assistance to be provided for projects, as well as Federal
share requirements. Subsection (c) outlines the considerations
the Secretary shall make when awarding grants. This subsection
also prioritizes certain projects within States that have
applied for but have yet to receive grants, and requires the
Secretary, during the period of fiscal years 2021 through 2025,
to award each State with not fewer than either 1 large project,
or 2 other than large projects. In both cases, the Secretary
shall only award funds to a project if the award is justified
based on an evaluation of the project's application. Subsection
(c) also places a 5 percent cap on the amount of funds to be
made available for each fiscal year for eligible projects that
consist solely of culvert replacement or rehabilitation.
Subsection (d) lists entities that are eligible to receive
grants under the program.
Subsection (e) outlines eligible project requirements.
Subsection (f) details the competitive process and
evaluation of eligible projects other than large projects which
requires the Secretary to solicit grant applications annually,
to evaluate the proposed projects' benefits and costs and the
likelihood that benefits outweigh costs, and to assign a
quality rating on the basis of that evaluation. In addition,
the Secretary is required to develop a template for applicants
to summarize project needs and benefits with the goal of
improving access to the program for all applications and
reducing the cost of application development.
Subsection (g) details the application and evaluation
process for large projects, which are projects with over
$100,000,000 in total project costs. This subsection requires
the Secretary to submit an annual report to Congress on funding
recommendations for large projects, subject to certain
requirements, limitations, and considerations. This subsection
requires the Secretary to determine whether an application is
complete, and to evaluate each large project application in
order to determine whether or not the project is justified.
This subsection requires the Secretary to evaluate and rate
certain large project attributes, including the application's
benefits, cost effectiveness, and long-term financial
commitments, on a 5-point scale: `high', `medium-high',
`medium', `medium-low', and `low'. This subsection requires
that, in order to be considered justified and receive a
recommendation for funding in the annual report, the project
must receive a rating of not less than `medium' for these
certain attributes. This subsection requires that the Secretary
submit an annual report on the large projects that are
recommended for funding to the Committees on Transportation and
Infrastructure and Appropriations of the House of
Representatives, and the Committees on Environment and Public
Works and Appropriations of the Senate, in which the Secretary
may also recommend the use of funds from the General Fund of
the Treasury to fund large projects.
Subsection (h) outlines eligible project costs.
Subsection (i) provides that on the request of an eligible
entity, the Secretary may use amounts awarded to the entity to
pay subsidy and administrative costs of Federal credit
assistance under TIFIA if such assistance is for the project
for which the grant was awarded.
Subsection (j) authorizes the Secretary to provide funding
for large projects in the form of multiyear grant agreements
and details the terms and other parameters of such agreements.
Subsection (k) permits the Secretary to, under certain
conditions, pay an applicant all eligible project costs under
the program, including costs for activities incurred prior to
the date the project receives funding under the program.
Subsection (l) outlines the treatment of Federally-owned
bridges under the program, and requires agencies that own such
bridges to consider divestment options after project
completion. Federal agencies may submit joint applications with
the State or local entity to which the bridge may be divested.
Subsection (m) requires that the Secretary notify Congress
before making a grant for an eligible project under the
program.
Subsection (n) contains separate program reporting
requirements for the Secretary and the Comptroller General.
Subsection (o) requires that at least 50 percent of program
funds, in the aggregate from fiscal years 2021 through 2025, be
used for large projects.
Subsection (p) sets aside a total of $100 million over five
years for tribal bridge projects.
In general, the Committee has prioritized the distribution
of Federal-aid highway funding under ATIA by formula so that
funds improve the surface transportation networks of all
States, and it is the intent of the Committee that each State
benefit from funding provided under this section. Consistent
with this prioritization of nationally distributed benefits,
funding provided for the Bridge Investment Program, although
competitively awarded, is conditioned in a way that provides
assurance to each State that it will receive a grant or grants
under the program if it consistently submits sufficiently
qualified applications. It is the intent of the Committee that
the Bridge Investment Program responds to both the national
interest in having a competitive process based on project
ratings as well as each State's interest in addressing bridges
in poor condition or nearing poor condition within that State.
More specifically, to be able to receive a grant for a
project under the per State minimum grant award requirement in
subsection (c), the Secretary is to determine that an eligible
bridge project is justified under subsection (g)--for a large
project--or under subsection (f) for a project other than a
large project. In the case of large projects, paragraph (4) of
subsection (g) lists factors and paragraph (5) states that DOT
is to develop ratings for large bridge projects. The ratings
are ``high'', ``medium-high'', ``medium'', ``medium-low'', and
``low''. Paragraph (5) also specifies that in order for a large
project to be considered justified, the application does not
have to be rated higher than medium across certain specified
attributes. However, that requirement does not assure each
State receipt of a large project grant, as DOT can satisfy the
State guarantee provision under subsection (c) through grants
for projects other than large projects.
In the case of grant applications for projects other than
large projects, subsection (f) does not specify a rating system
as is done in subsection (g) for large projects. It is the
intent of the Committee that the Secretary have more
flexibility as to the establishment of a ratings scheme for
projects other than large projects. Paragraph (3) of subsection
(f) refers to a project receiving a ``quality'' rating without
elaborating as to what quality rating would deem the project to
be a ``justified'' project. However, the structure of the
provision is clear that a similar rating system is to be
applied by the Secretary to projects other than large projects;
it is to be similar to or as is required in the case of large
projects. Further, it is the intent of the Committee that an
application for a project other than a large project does not
have to earn the highest rating, or even an above average
rating, to be considered justified for the purposes of the per
State minimum grant award requirement in subsection (c).
Instead, it is the intent of the Committee that any project
that receives at least a medium quality rating, as determined
by the Secretary, shall be considered a justified project.
Sec. 1120. Safe routes to school program
Section 1120 amends the Safe Routes to School Program to
apply the program through 12th grade to enable and encourage
high school students to walk and bike to school safely.
Sec. 1121. Highway use tax evasion projects
Section 1121 reauthorizes funding to be used by the
Secretary in conjunction with the Internal Revenue Service to
address highway use tax evasion for fiscal years 2021 through
2025.
Sec. 1122. Construction of ferry boats and ferry terminal facilities
Section 1122 increases funding for the ferry boat program,
which funds the construction of ferry boats and ferry terminal
facilities. This section authorizes a total of $440,000,000 in
funding from the Highway Trust Fund for fiscal years 2021
through 2025.
Sec. 1123. Balance for exchanges program
Section 1123 establishes the Balance Exchanges for
Infrastructure program for the purpose of incentivizing certain
States and the Department of Transportation to use unobligated
balances of funding to improve highway infrastructure. This
section requires the Secretary to reserve a portion of the
unobligated and unallocated carryover balances from the
Transportation Infrastructure Finance and Innovation Act
(TIFIA) program for transfers to the new program established
under this section. Prior to making such transfers, this
section requires the Secretary to solicit from States that
contain one or more counties in the Appalachian region requests
to exchange all or a portion of unobligated amounts apportioned
for projects on the Appalachian Development Highway System
(ADHS) in return for an equal amount of new funding. Also,
prior to making such transfers, this section requires the
Secretary to solicit grant applications for projects along the
uncompleted portions of the ADHS. The section provides that any
State that enters into an agreement to exchange ADHS funds
shall not be eligible to compete for the ADHS grants.
In the case of States that request to exchange ADHS
funding, this section requires the Secretary to enter into
agreements with such States under which those States shall
return unobligated ADHS amounts in exchange for an equal amount
of new funding. This section provides that this new funding
shall be available for projects eligible under the Surface
Transportation Block Grant program. To fund the exchanges, the
section requires the Secretary to make transfers from the TIFIA
program in an amount that is the lesser of the total amount of
ADHS funding requested for exchange, the total amount requested
for competitive ADHS grants, or the amount by which the
unobligated and unallocated TIFIA carryover balance exceeds the
amount made available to carry out the TIFIA program for that
fiscal year. In the event that the amounts of ADHS funding
proposed for exchange exceed the amounts available for
exchange, the section requires the Secretary to make the
funding exchanges on a proportional basis. This section
requires the Secretary to then use ADHS funds returned in
conjunction with the exchanges to competitively fund
applications for new ADHS highway projects that are reasonably
expected to begin construction within two years.
Sec. 1124. Safety incentives program
Subsection (a) of Section 1124 amends title 23 to establish
a supplemental formula safety program (at 23 U.S.C. 172) and a
competitive safety performance awards program (at 23 U.S.C.
173). These programs provide funding to States and urbanized
areas to expand investments in transportation safety projects.
These are respectively entitled the Formula Safety Incentive
Program, and the Fatality Reduction Performance Program.
Formula Safety Incentive Program.--Subsection (a) of
section 172 contains definitions of a metropolitan planning
organization (MPO) and an urbanized area, a transportation
planning area, a vulnerable road user, and a vulnerable road
user safety focus area.
Subsection (b) of section 172 requires the Secretary to
distribute formula funding awards in the same proportion as the
primary Federal-aid highway funding that is formula apportioned
to States.
Subsection (c) of section 172 requires States to use 50
percent of their funding awards on certain safety-related
eligible projects, and limits eligibility for certain States
and MPOs that are vulnerable road user safety focus areas to
highway safety projects that improve the safety of vulnerable
road users such as pedestrians and bicyclists.
Subsection (d) of section 172 establishes eligibility
requirements and incentives for the remaining 50% of each
State's funding award. In general, each State is required to
spend the remaining half of their funding on the same safety-
related projects described in subsection (c). However, under
this subsection, each State may develop and publish a
vulnerable road user safety assessment and in return receive
greater flexibility and Federal cost share on the remaining 50%
of their award. Each assessment consists of a report on the
performance of the State with respect to vulnerable road user
safety and a project plan, developed in consultation with
relevant metropolitan planning organizations, to improve
vulnerable road user safety. States that publish a vulnerable
road user assessment and incorporate such assessment into their
long-range transportation plans are permitted to spend the
remaining 50% of their award on any project eligible under the
Surface Transportation Block Grant (STGB) program and at
increased Federal share.
Subsection (e) of section 172 contains suballocation
requirements.
Fatality Reduction Performance Program.--Subsection (a) of
section 173 contains definitions of a metropolitan planning
organization and an urbanized area, a qualifying State, and a
qualifying unit of a local government. Qualifying States and
units of local governments are defined as those jurisdictions
that have demonstrated measurable success at lowering serious
injuries and fatalities.
Subsection (b) of section 173 directs the Secretary to
establish a competitive grant program to competitively award
grants to such qualifying jurisdictions across a variety of
fatality and serious injury reduction performance categories.
The Secretary is required to make grant awards between
$5,000,000 and $30,000,000 to recognize the achievement of
qualifying jurisdictions that have accomplished the most
significant levels of reduction in serious injury and fatality
rates. The Secretary is permitted to make awards to multiple
eligible entities for each performance category, and to
recognize achievements in each performance category in urban
and rural areas, as well as at the State and local level. The
Secretary may not award a grant to the same eligible entity
more than once during a 2-year period. Funding awarded under
this subsection can be used for any activity eligible under
title 23 as well as routine maintenance projects.
Subsection (b) of Section 1124 establishes a vulnerable
road user research plan as well as reporting requirements to
Congress regarding the plan. This subsection requires the FHWA
to prioritize research on designs and countermeasures to
minimize fatalities and serious injuries to vulnerable road
users including pedestrians and bicyclists. This subsection
also requires the FHWA to review each vulnerable road user
safety assessment submitted by a State and to determine whether
guidance should be issued on vulnerable road user safety data
collection.
Sec. 1125. Wildlife crossing safety
Section 1125 establishes a wildlife crossing pilot program
(at 23 U.S.C. 174) to provide grants for projects designed to
reduce wildlife-vehicle collisions and improve habitat
connectivity. Excepting instances where the applicant is a
Federal entity, pilot program grant applicants are required to
consult with State highway (or equivalent) agencies during
application development, and are encouraged to obtain guidance
from State agencies with jurisdiction over fish and wildlife.
Pilot program grants are to be administered by State highway
agencies or the Federal Highway Administration. The Secretary
is required to provide an annual report to Congress describing
the activities carried out under the pilot program and the
pilot program's effectiveness.
Section 1125 also requires the Secretary to update and
expand on a 2008 report entitled ``Wildlife Vehicle Collision
Reduction Study: 2008 Report to Congress'' within 18 months of
enactment of the surface transportation reauthorization
legislation. This section requires the Secretary, not later
than 3 years after enactment, to develop a series of in-person
and online workforce development and technical training courses
to reduce wildlife-vehicle collisions and improve habitat
connectivity. In addition, this section requires the Federal
Highway Administration to develop a standardized methodology
for collecting and reporting spatially precise wildlife
collision and carcass data for the National Highway System,
create guidelines for States to voluntarily utilize such
methodology if they choose to do so, and provide a report to
Congress regarding the methodology and guidelines within 18
months of enactment. Further, this section requires the
Secretary to establish guidance, to be carried out by States on
a voluntary basis, which contains a threshold for determining
whether a highway shall be evaluated for potential mitigation
measures to reduce wildlife-vehicle collisions and to increase
habitat connectivity.
Section 1125 adds the word ``resilience'' to the
declaration of policy regarding maintenance of and improvements
to bridges and tunnels in the United States, and adds a new
provision ``to ensure adequate fish and terrestrial wildlife
passage, where appropriate.'' This section also requires the
Secretary, in consultation with States and other Federal
agencies with jurisdiction over highway bridges and tunnels, to
determine whether replacement or rehabilitation of bridges and
tunnels should include restoration of wildlife habitat
connectivity. Further, this section requires the DOT to include
in its first post-enactment revision to its training program
for personnel, techniques to assess fish passage and wildlife
habitat restoration potential.
Sec. 1126. Consolidation of programs
Section 1126 provides funding for Operation Lifesaver, work
zone safety grants, and safety clearinghouses for fiscal years
2021 through 2025.
Sec. 1127. State freight advisory committees
Section 1127 adds to the makeup and role of State freight
advisory committees, and lists State freight advisory committee
member qualifications.
Sec. 1128. Territorial and Puerto Rico highway program
Section 1128 authorizes increased funding for the
Territorial and Puerto Rico Highway Program, a total of
$841,000,000 for Puerto Rico for fiscal years 2021 through
2025, and $221,000,000 for the territories.
Sec. 1129. Nationally significant Federal lands and Tribal projects
program
Section 1129 amends Nationally Significant Federal Lands
and Tribal Projects Program (NSFLTP) within the FAST Act by
allowing smaller projects to qualify for the program. This
section also allows 100 percent Federal share for Tribal
projects. This section further requires an even split in total
use of funds between Federal lands projects and tribal
transportation projects, and requires that for each of fiscal
years 2021 through 2025 at least one Federal lands project be
in a unit of the National Park System with not less than
3,000,000 annual visitors, as determined by individual visitors
or Average Annual Daily Traffic.
Sec. 1130. Tribal high priority projects program
Section 1130 reinstates and reauthorizes funding for the
Tribal High Priority Projects program at $30,000,000 for each
of fiscal years 2021 through 2025 from the General Fund, and
sets aside for the program $9,000,000 per year for each of
fiscal years 2021 through 2025 from the Tribal Transportation
Program.
SUBTITLE B--PLANNING AND PERFORMANCE MANAGEMENT
Sec. 1201. Transportation planning
Section 1201 clarifies considerations required of MPOs when
designating officials or representatives. This section also
enhances coordination among MPOs and encourages States and MPOs
to use social media and other web-based tools to encourage
public participation in the transportation planning process.
Sec. 1202. Fiscal constraint on long-range transportation plans
Section 1202 clarifies that for purposes of developing a
financial plan under a metropolitan transportation plan, any
years beyond the 4-year transportation improvement plan horizon
shall be considered outer years for purposes of financial plan
requirements. As this is a straightforward statutory change, it
is the understanding and intent of the Committee that the
Secretary may implement this change in policy without
undertaking a notice and public comment rulemaking.
Sec. 1203. State human capital plans
Section 1203 requires the Secretary to encourage States to
develop a voluntary human capital plan for the immediate and
long-term transportation-related personnel and workforce needs
of the State under title 23. These voluntary human capital
plans are to be publicly available and updated at least once
every 5 years.
Sec. 1204. Accessibility data pilot program
Section 1204 requires the Secretary to carry out a pilot
program to provide data on the level of transportation access
the public has to important destinations, such as daily
workplaces, heath care and child care facilities, education and
training, grocery stores, Americans with Disabilities Act (ADA)
accessible sidewalks, and safe bicycling corridors, as
identified by each pilot program participant to improve their
transportation planning. This section instructs the Secretary
to seek to achieve a diversity of participants, and likewise
seek to ensure that, among the eligible entities selected,
there is a range of capacity and previous experience with
measuring transportation access, and a variety of proposed
methodologies and focus areas for measuring level access. This
section also requires the Secretary to submit a report on the
results of the program to Congress.
Sec. 1205. Prioritization process pilot program
Section 1205 establishes a prioritization process pilot
program to support data-driven approaches to transportation
planning. This section authorizes the Secretary to award grants
to selected States and MPOs to fund the development and
implementation of publicly accessible, transparent
prioritization processes to assess and score projects according
to locally determined priorities, and to use such evaluations
to inform the selection of projects to include in
transportation plans. The purpose of the pilot program is to
support data-driven approaches to planning that, on completion,
can be evaluated for public benefit.
Pilot program grants may not exceed $2,000,000. States and
MPOs that receive grants shall use funds to develop and
implement a publically accessible, transparent prioritization
process for the selection of projects for inclusion on the
applicable long-term transportation plan. If a grant recipient
has fully implemented a prioritization process, they may use
any additional remaining grant funds for any transportation
planning purpose. In the event that the inclusion or exclusion
of a project on a transportation improvement program (TIP) or
statewide transportation improvement program (STIP) deviates
from the long-term transportation plan, the eligible entity is
required to provide a public explanation for the decision.
Sec. 1206. Exemptions for low population density States
Section 1206 modifies section 150 of title 23 to require
the Secretary to grant an exemption from certain transportation
performance management data collection. These are reporting
requirements related to measures of congestion and highway
performance for States that are below certain population
density thresholds and do not contain an urbanized area with a
population of over 200,000. The Secretary is required to
identify which States meet the specified eligibility
requirements for each 4-year performance period and to grant
certain exemptions from certain requirements under section 150
at the request of such States. The section requires a granted
exemption to remain in effect for at least the entirety of the
subsequent 4-year performance period and to be eligible for
renewal for each 4-year performance period thereafter at the
option of the State so long as such State remains eligible. The
section requires eligible States to notify the Secretary of
exemptions being elected by the State including a notice that
the State is not experiencing significant performance issues.
The section requires the Secretary to submit to Congress a
report on the status of traffic congestions and other measures
of travel reliability as well as the results of performance
measures for all exemptions applied to that State. This is an
obligation of the Secretary to be carried out at the
Department's expense. The Section requires the Secretary to
make publicly available the performance of the State with
respect to any measures from which the State is exempt. This is
an obligation of the Secretary to be carried out at the
Department's expense.
Sec. 1207. Travel demand data and modeling
Section 1207 requires the Secretary to carry out a study of
forecasted travel demand data compared to actual observed
travel, and to use the findings of that study: to inform State
and MPO use of travel forecasting; to evaluate the impacts of
transportation investments on travel demand; to support more
accurate travel demand forecasting; and to enhance the capacity
of States and MPOs to forecast travel and track observed travel
behavior.
Sec. 1208. Increasing safe and accessible transportation options
Section 1208 requires each State and metropolitan planning
organization to spend a minimum amount of funding for either
the adoption of complete streets standards and policies,
development of a complete streets prioritization plan, active
and mass transportation planning, regional and megaregional
planning to address travel demand through alternatives to
highway travel, or transit-oriented development planning. This
section also provides for a higher Federal share for such
activities.
SUBTITLE C--PROJECT DELIVERY AND PROCESS IMPROVEMENT
Sec. 1301. Efficient environmental reviews for project decisionmaking
and One Federal Decision
Section 1301 codifies core elements of the Administration's
One Federal Decision policy and provides new environmental
review procedures and requirements through amendments to
section 139 of title 23, United States Code.
Section 1301 introduces the One Federal Decision policy's
concept of a major project to section 139. Building on the
existing definition of project in section 139, this section
defines major project as a highway project, public
transportation capital project, or multimodal project that
requires approval of the Department of Transportation,
including any operating administration or secretarial office,
an environmental impact statement, and multiple Federal
approvals, permits, reviews, or studies. Through operation of
section 24201 of title 49, the One Federal Decision policy
provisions are also applicable to railroad projects under the
Department of Transportation's jurisdiction. A major project
must also have identifiable and reasonably available funding.
Further, the definition of major project excludes projects
treated as covered projects, as defined in section 41001 of the
FAST Act (42 U.S.C. 4370m), to avoid conflict with the Federal
Permitting Improvement Steering Council's process improvement
provisions. For major projects, section 1301 requires the lead
Federal agency to develop a schedule that is consistent, to the
maximum extent practicable, with an agency average of not more
than 2 years for the completion of the environmental review
process, as measured from the date of publication of a notice
of intent to prepare an environmental impact statement to the
record of decision. Subject to limited exceptions, all other
Federal agency authorizations for the project shall be
completed within 90 days of the issuance of the record of
decision.
With codification, it is not this Committee's intent to
change the Administration's existing interpretation or
implementation of the One Federal Decision policy with two key
exceptions. First, section 1301 provides project sponsors with
the flexibility to apply the core elements of the One Federal
Decision policy to projects that require an environmental
assessment. And second, this avoids potential conflict with the
Federal permitting improvement provisions in 42 U.S.C. 4370m et
seq.
Section 1301 amends the schedule provisions to allow the
lead agency to lengthen or shorten a schedule for good cause,
provided that a shortened schedule does not impair the ability
of a cooperating agency to conduct necessary analysis or
otherwise carry out its obligations. Further, in the case of a
major project, the lead agency may only lengthen a schedule by
not more than one year though the agencies can take action
sooner if they so choose after the latest deadline for the
major project. This section adds additional reporting
requirements and requires the Secretary to develop an
accountability system for the major project environmental
review process.
Section 1301 requires the Secretary to provide a list of
categorical exclusions applicable to highway projects to
regulatory agencies and directs those agencies to publish a
notice of proposed rulemaking to adopt relevant categorical
exclusions, as appropriate, within one year.
Section 1301 adds a new subparagraph (D) to section
139(c)(6) that directs the lead agency to calculate the average
time taken by the lead agency to complete all environmental
documents for each project during the previous fiscal year. In
order to calculate the average completion time, the Committee
intends subparagraph (D) to require the lead agency to record
the start and end dates for each of the environmental documents
developed pursuant to the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.). For example, lead agency staff
should record the date on which they begin development of a
draft environmental impact statement. Lead agency staff should
then record the end date on which the final version of the
draft environmental impact statement is approved for
publication. While specific beginning and end dates are not
required under subparagraph (D), it is the Committee's intent
the annual calculation of the average time to complete each
environmental document will be based on that level of detail.
In order to improve efficiency and expedite project
delivery, the Committee recommends that DOT identify
opportunities to eliminate unnecessary regulations and
streamline burdensome regulations to ensure DOT is a good
steward of limited taxpayer resources and produces physical
infrastructure that supports long-term economic growth.
Further, in reducing the regulatory burden, DOT should identify
areas where more autonomy can be given to local jurisdictions
with a better understanding of needs and challenges in building
and maintaining infrastructure.
Sec. 1302. Work zone process reviews
Section 1302 requires the Secretary to amend section
630.1008(e) of title 23, Code of Federal Regulations, to ensure
that the work zone process reviews are not required more
frequently than once every 5 years.
Sec. 1303. Transportation management plans
Section 1303 requires the Secretary to amend section
630.1010(c) of title 23, Code of Federal Regulations to clarify
that only projects with a lane closure for 3 or more
consecutive days are to be deemed significant. This section
also requires the Secretary to modify the Code of Federal
Regulations to remove the requirement for a State to develop or
implement a transportation management plan for any project that
is not on the Interstate and that requires not more than three
consecutive days of lane closures.
Sec. 1304. Intelligent transportation systems
Section 1304 requires the Secretary to develop guidance for
using existing flexibilities with respect to the systems
engineering analysis described in part 940 of title 23, Code of
Federal Regulations. Specifically, this section requires the
Secretary to ensure that the guidance clarifies criteria for
low-risk and exempt intelligent transportation system projects
to minimize unnecessary delays or paperwork burdens.
Sec. 1305. Alternative contracting methods
Section 1305 amends sections 201 and 308 of title 23,
United States Code, to provide the Secretary flexible authority
to use contracting methods available to a State under title 23
on behalf of Federal land management agencies (and Tribes under
section 202) in using funds under sections 203, 204, or 308 of
title 23, or section 1535 of title 31. This section provides
that, at a minimum, the contracting methods shall include
project and bridge bundling, design-build and 2-phase
contracting, long-term concession agreements, and any other
method tested or amendable to testing under an experimental
program relating to contracting methods carried out by the
Secretary. This section requires that the Secretary solicit
input from stakeholders and consult with Federal land
management agencies to establish clear procedures for
alternative contracting methods that are consistent with
Federal procurement requirements to the maximum extent
practicable.
Sec. 1306. Flexibility for projects
Section 1306 amends the FAST Act to require the Secretary,
on request by a State, and if in the public interest, to
exercise all existing flexibilities under the requirements of
title 23 and other requirements administered by the Secretary.
It is the Committee's intent with this provision that all
States shall be given equal treatment in terms of the
flexibility that can be granted under existing law by the
Secretary at the request of a State.
Sec. 1307. Improved Federal-State stewardship and oversight agreements
Section 1307 requires the Secretary to request public
comment on a template for Federal-State stewardship and
oversight agreements. The Secretary is required to allow
comment on any aspect of the template. DOT is specifically
directed to request public comment on whether current standard
terms should be deleted if they are not specifically required
by Federal statute or regulation. DOT is also specifically
directed to request public comment on the review schedules and
whether they should be adjusted, through risk-based approaches
or other means. Should DOT choose to retain such terms after
considering public comment (if permitted by subsections (e) or
(f)), the Federal Register notice setting forth the revised
standard terms must set forth an explanation why such term(s)
are being included.
Subsection (e) requires the Secretary to publish in the
Federal Register a description of changes to be made to the
template in response to comments, responses to comments not
proposed to be addressed by changes to the template, and a
schedule and plan for implementing proposed changes. This
section also requires the Secretary to make the proposed
revisions to the template and to update existing agreements
with States according to the revised template.
Subsection (f) establishes that the Secretary shall not
enforce agreement terms that require a State to comply with
approval requirements not required by Federal law or
regulation, and prohibits the Secretary from asserting an
approval authority over a matter that is otherwise reserved to
States.
The section changes the general rule of annual reviews that
address project delivery systems of States under section 106 to
a general rule of review every two years. The section provides
that, in the case of a specific element of a State's project
delivery system, a State and DOT can agree on a longer than two
year review period and the Secretary is permitted to review an
element more frequently than once every two years for a
specified reason.
The Committee received hearing testimony that described
instances of Federal-State stewardship and oversight agreements
between DOT and States that went beyond administrative purposes
and became burdensome. This includes the imposition of approval
and notice requirements not required by statute, including in
areas where, by Federal statute, authority has been placed with
the States such as standards and designs for roads not on the
National Highway System. Moreover, under current practice,
Federal reviews and approvals of State actions and practices
are annual, even for routine matters that could be subject to
less frequent review, and a reduction in frequency would enable
both DOT and States to focus on more important tasks.
Accordingly, section 1307 was developed.
Sec. 1308. Geomatic data
Section 1308 requires the Secretary to develop and issue
for public comment guidance for the acceptance and use of
information obtained from a non-Federal interest through
geomatic techniques, including remote sensing and land
surveying, cartography, geographic information systems, global
navigation satellite systems, photogrammetry, or other remote
means.
The Committee recognizes the need to modernize the use of
new and existing geospatial information sources and the
collection of that information through a variety of means,
including remotely operated and stationary technologies like
sensor-equipped vehicles, buildings, and unmanned drones.
Sec. 1309. Evaluation of projects within an operational right-of-way
Section 1309 establishes deadlines for the review,
response, and action by Federal agencies carrying out their
permit, approval, or other authorization responsibilities over
preventative maintenance, preservation, or highway safety
projects (including certain turn lane projects) in the
operational right-of-way. This section requires Federal
agencies to provide at least a preliminary evaluation of the
application within 45 days and subjects Federal agencies that
do not meet the requirements of this section to a reporting
requirement to describe why the deadline was missed.
The Committee recognizes that even smaller highway projects
can require numerous approvals or permits from Federal agencies
other than the Federal Highway Administration. The smaller
projects in the operational right-of-way at issue in this
section can languish in backlog of requests to Federal
agencies. In this section, the Committee ensures that those
Federal agencies are responsive to project sponsors with
maintenance, preservation, and safety projects in the
operational right-of-way.
Sec. 1310. Department of Transportation reports
Section 1310 adds a new section 332 to chapter 3 of title
23, United States Code, to require the Secretary to prepare a
report on the preceding fiscal year describing the median time
for the completion of environmental reviews. As part of the
report, the Secretary shall describe any new categorical
exclusions applicable to highway projects and list all
regulatory requirements that have been removed or reduced,
including, if available, a summary of cost savings to States,
Tribes, local government, and the public. This section also
requires the report to contain similar information for the
current fiscal year, to the extent it is available, on the
estimated median time to complete environmental reviews and a
summary of costs savings, if available, to States, Tribes,
local governments, and the public, resulting from the removal
or reduction of regulatory requirements.
Sec. 1311. Preliminary engineering
Section 1311 eliminates the requirement in section 102(b)
of title 23, United States Code, that a State repay Federal-aid
reimbursements for preliminary engineering costs on a project
that has not advanced to right-of-way acquisition or
construction within 10 years.
SUBTITLE D--CLIMATE CHANGE
Sec. 1401. Grants for charging and fueling infrastructure to modernize
and reconnect America for the 21st century
Section 1401 would amend section 151 of title 23 to make
the process of designating alternative fuel corridors periodic
and recurring, and also modifies a reporting deadline.
This section also creates a new subsection (f) within
section 151 that establishes a new competitive grant program to
strategically deploy alternative fuel vehicle charging and
fueling infrastructure along designated alternative fuel
corridors that will be accessible to all drivers of electric,
hydrogen, and natural gas vehicles.
Within the new subsection (f), paragraph (1) directs the
Secretary to establish the grant program.
Paragraph (2) lists eligible entities under the program,
which are all public entities and are comprised of: a State or
political subdivision of a State; an MPO; a unit of local
government; a special purpose district or public authority with
a transportation function; an Indian tribe; an authority
entity, agency, or instrumentality of, or an entity owned by, 1
or more of the preceding eligible entities; and a group of the
preceding eligible entities.
Paragraph (3) outlines application requirements for
eligible entities. Applications must include a description of
how the eligible entity has considered public accessibility
relative to the proposed project, collaborative engagement with
stakeholders, the location of the proposed project,
responsiveness to technology advancements, and the long-term
operation and maintenance of the proposed project.
Paragraph (4) details considerations the Secretary shall
make when selecting eligible entities to receive grants. Such
considerations include the extent to which an application would
improve alternative fueling corridor networks, meet the current
or anticipated market for charging or alternative fueling
infrastructure, enable or accelerate the construction of
charging or alternative fueling infrastructure that would be
unlikely to be completed without Federal assistance, and
support a long-term competitive market for alternative fueling
and charging infrastructure. Additionally, the Secretary must
consider geographic diversity among applicants, the finances
and experience of private entity contractors, and the adequacy
of agreements between eligible entities and their private
entity contractors.
Paragraph (5) describes permitted uses of grant funds.
Generally, grants are to be used to contract with a private
entity for acquisition and installation of publicly accessible
alternative fuel vehicle charging and fueling infrastructure
that is directly related to the charging or fueling of a
vehicle. Such infrastructure is to be located along an
alternative fuel corridor either designated under section 151,
or by a State or group of States on the condition that any
affected Indian tribes are consulted before the designation.
Eligible entities may use a portion of grant funds to provide a
private entity operating assistance for the first 5 years of
operations after infrastructure installation. Operating
assistance is limited to costs allocable to operating and
maintaining the infrastructure and service--including labor,
marketing, and administrative costs and may not exceed the
contracted amount to acquire and install the infrastructure.
Eligible entities may also use a portion of grant funds to
acquire and install traffic control devices to provide
direction information to the infrastructure, as well as on-
premises informational signs, subject to a monetary cap and any
applicable laws or regulations. This paragraph also allows an
eligible entity to enter into cost-sharing agreements, under
which the private entity submits to the eligible entity a
portion of the revenue from the infrastructure.
Paragraph (6) provides that any project funded by a grant
under this program is to be treated as a project on a Federal-
aid highway. This paragraph also requires that any traffic
control device or on-premises sign acquired, installed, or
operated with a grant under this program must comply with the
Manual on Uniform Traffic Control Devices (MUTCD), if located
in the right-of-way, as well as other applicable provisions of
Federal, State, and local law.
Paragraph (7) requires that the Federal cost-share for a
project may not exceed 80 percent. Further, as a condition of
contracting with an eligible entity, a private entity must
agree to pay the non-Federal share of project costs.
Paragraph (8) requires the Secretary to submit to Congress,
and make publically available, a report on the progress and
implementation of the grant program.
With regard to electric vehicle (EV) charging
infrastructure, hydrogen fueling infrastructure, and natural
gas fueling infrastructure, it is the Committee's intent that
eligible entities who receive grants to acquire and install
publicly accessible charging and fueling infrastructure partner
with private entities that would own and operate the
infrastructure. It is not the intent of this section to
subsidize public entities to compete with private providers of
such services, either directly or indirectly. Thus, it is the
Committee's intent that the Secretary award grants to deploy EV
charging infrastructure, hydrogen fueling infrastructure, and
natural gas fueling infrastructure, and give priority
consideration to eligible entities seeking to partner with
private entities other than those regulated by state public
utility commissions (unless doing so would hinder deployment of
electric, hydrogen, and natural gas fueling stations and
deployment of the infrastructure needed to construct such
charging and fueling stations). Further, it is the intent of
the Committee that in order to protect competitive market
pricing, that site hosts or motorists who use the publically
accessible charging and fueling infrastructure funded under
this section are expected to pay the costs to refuel. It is the
intent of the Committee that the program should maintain a
level playing field and that no entity should receive an unfair
advantage in the EV charging infrastructure, hydrogen fueling
infrastructure, or natural gas fueling infrastructure business.
The Committee believes that this is necessary to maximize
investment in and widespread availability of charging or
fueling infrastructure.
Sec. 1402. Reduction of truck emissions at port facilities
Section 1402 establishes a program to reduce idling and
emissions at port facilities. This section requires the
Secretary to study how ports would benefit from electrification
and to study emerging technologies that reduce emissions from
idling trucks. This section requires the Secretary to
coordinate and fund projects through competitive grants that
reduce port-related emissions from idling trucks. This Section
requires that any project funded under a grant under this
section shall be treated as a project on a Federal-aid highway.
This section requires the Secretary to submit a report to
Congress detailing the status and effectiveness of the program.
It is the intent of the Committee that ferry terminals would
also be eligible for grants under this section.
Sec. 1403. Carbon reduction incentive programs
Section 1403 amends title 23 to establish a supplemental
formula emissions reduction program (at 23 U.S.C. 177) and a
competitive emissions reduction program (at 23 U.S.C. 178).
These programs provide funding to States to expand investment
in transportation to reduce on- road mobile sources of carbon
dioxide and to incentivize planning and investments to reduce
carbon dioxide emissions. These programs are respectively
entitled the Formula Carbon Reduction Incentive Program, and
the Carbon Reduction Performance Program.
Formula Carbon Reduction Incentive Program.--Subsection (a)
of section 177 contains definitions of a metropolitan planning
organization and an urbanized area, transportation emissions,
and a transportation planning area.
Subsection (b) of section 177 requires the Secretary to
distribute formula funding awards in the same proportion as the
primary Federal-aid highway funding that is formula apportioned
to States.
Subsection (c) of section 177 requires States to use 50
percent of their funding awards on certain transportation
projects anticipated to reduce emissions such as projects to
shift traffic demand to nonpeak hours or to other
transportation modes, or projects to implement other traffic
management techniques, or projects to reduce vehicle emissions
through truck stop electrification and diesel engine retrofits,
among other activities. This funding would be eligible for the
construction of high occupancy vehicle lanes but this section
prohibits the use of this funding on projects that would result
in the construction of new lane capacity available to single-
occupant vehicles (other than turn lanes).
Subsection (d) of section 177 establishes eligibility
requirements and incentives for the remaining 50% of each
State's funding award. In general, each State is required to
spend the remaining half of their funding on the same emissions
reduction projects described in subsection (c). However, under
this subsection, each State may develop a carbon reduction
strategy in consultation with MPOs within the State, and in
return receive greater flexibility and Federal cost share on
the remaining 50% of their award. States that develop a
strategy and incorporate it into their long-range
transportation plans are permitted to spend the remaining 50%
of their award on any project eligible under the Surface
Transportation Block Grant program and at increased Federal
share.
Subsection (e) of section 177 contains suballocation
requirements.
Carbon Reduction Performance Program.--Subsection (a) of
section 178 contains definitions of a metropolitan planning
organization and an urbanized area, a qualifying State, a
qualifying unit of a local government, and transportation
emissions. Qualifying States and units of local governments are
defined as those jurisdictions that have demonstrated
measurable success at lowering transportation emissions or
transportation emissions growth.
Subsection (b) of section 178 directs the Secretary to
establish a grant program to competitively award grants to such
qualifying jurisdictions across a variety of carbon emissions
reduction performance categories. The Secretary is required to
make grant awards between $5,000,000 and $30,000,000 to
recognize the achievement of qualifying jurisdictions that have
accomplished the most significant levels of reduction in
transportation emissions. The Secretary is permitted to make
awards to multiple eligible entities for each performance
category, and to recognize achievements in each performance
category in urban and rural areas, as well as at the State and
local level. The Secretary may not award a grant to the same
eligible entity more than once during a 2-year period. Funding
awarded under this subsection can be used for any activity
eligible under title 23 as well as routine maintenance
projects.
Sec. 1404. Congestion relief program
Subsection (a) of Section 1404 amends section 129 of title
23 to establish a congestion relief program to provide
competitive grants to States, local governments, and
metropolitan planning organizations, for projects in large
urbanized areas to advance innovative, integrated, and
multimodal solutions to congestion relief in the most congested
metropolitan areas of the United States.
The goals of the congestion relief program are to reduce
highway congestion, economic and environmental costs related to
congestion, and to optimize existing highway capacity and usage
of transit systems that provide alternatives to highways. To
achieve these goals, the program allows States and MPOs to
compete for grants for eligible projects within urbanized areas
containing populations of more than 1,000,000 people. Grant
awards shall be not less than $10,000,000. Eligible projects
consist of planning, design, implementation, and construction
activities to achieve program goals, including the deployment
and operation of mobility services, integrated congestion
management systems, and systems that implement or enforce high
occupancy vehicle toll lanes, cordon pricing, parking pricing,
or congestion pricing. Incentive programs that encourage
travelers to carpool or use non-highway travel modes are also
included. When selecting grants, the Secretary shall give
priority to eligible projects located in urbanized areas that
are experiencing high degrees of recurrent congestion. The
Federal cost-share shall not exceed 80 percent of the total
cost of a project.
In addition, the congestion relief program permits the
Secretary to allow the use of tolls on the Interstate System as
part of a project carried out with a program grant, subject to
certain requirements. The Secretary may not approve the use of
tolls on the Interstate System under the program in more than
10 urbanized areas.
Subsection (b) of Section 1404 amends section 129(a) of
title 23 to require toll facilities on the Interstate System
constructed or converted after the date of enactment to allow
high occupancy vehicles, transit, and paratransit vehicles to
use the facility at a discounted rate or without charge unless
the public authority determines that the number of such
discounted vehicles would reduce the travel time reliability of
the facility.
Sec. 1405. Freight plans
Section 1405 adds new strategies for inclusion within the
national freight strategic plan, including strategies to
promote resilience, national economic growth and
competitiveness, and strategies to reduce local air pollution
and water runoff. This section does not add or establish new
procedural requirements for the approval of State freight
plans, and requires the Secretary to approve plans that comply
with statutory requirements.
Sec. 1406. Utilizing significant emissions with innovative technologies
Subsection (a) of Section 1406 directs the Environmental
Protection Agency (EPA), in consultation with the Department of
Energy, to conduct certain carbon dioxide research and
development activities under the existing authority in section
103(g) of the Clean Air Act.
Subsection (a) requires the EPA Administrator to administer
a competitive prize program that awards funds to direct air
capture research projects. The subsection establishes a Direct
Air Capture Technology Advisory Board of experts to advise the
Administrator. The subsection authorizes up to $35,000,000 in
funding and sunsets the program in 10 years.
Subsection (a) also directs the Administrator to provide
technical and financial assistance to carbon dioxide
utilization projects to support projects to transform carbon
dioxide generated by industrial facilities in the United States
into a commercial product, or as an input to a commercial
product. This section authorizes up to $50,000,000 in funding,
available until expended.
Subsection (a) directs the Administrator to prepare a
report that identifies potential risks and benefits to project
developers associated with increased storage of carbon dioxide
captured from stationary sources in deep saline formations. The
subsection requires the EPA Administrator to evaluate existing
research and make recommendations about how to address any
identified potential risks. Subsection (a) also directs the
Administrator to submit a report every two years on carbon
dioxide nonregulatory strategies and technologies under section
103(g). Subsection (a) directs the Comptroller General to
develop a report on Federal grant programs that fund research
on carbon capture and utilization technologies and the extent
to which any overlap or are duplicative.
Subsection (b) directs the Administrator to describe how
funds appropriated under section 103(g) of the Clean Air Act
have been used over the last five fiscal years, as well as
practices used to differentiate funding used to carry out
section 103(g) and other authorities.
Subsection (c) amends existing law to clarify that
``covered projects'' eligible for the environmental permitting
process established by Title XLI of the FAST Act include
construction of carbon capture, utilization, and sequestration
(CCUS) projects as well as carbon dioxide pipelines. CCUS
projects include direct air capture projects.
Subsection (d) directs the Chair of the Council on
Environmental Quality (CEQ) to coordinate preparation of an
interagency report on CCUS facilities (including direct air
capture projects) and carbon dioxide pipelines. The section
requires CEQ to issue permitting guidance informed by that
report to expedite the CCUS permitting process while
maintaining environmental, health, and safety protections. On
an ongoing basis, the section requires at least two regional
task forces that cover different geographical areas and are
comprised of diverse stakeholders to provide feedback to the
Chair on the guidance and related issues.
Sec. 1407. Promoting Resilient Operations for Transformative,
Efficient, and Cost-saving Transportation (PROTECT) grant
program
Section 1407 establishes a supplemental formula and
competitive grant program (at 23 U.S.C. 179) to help States
improve the resiliency of transportation infrastructure.
Subsection (a) contains definitions of an emergency event,
an evacuation route, the program, and a resilience improvement.
Subsection (b) establishes the PROTECT grant program,
comprised of formula funding and competitive grants for
resiliency projects. It is the intent of the Committee that the
primary purpose of this program is to protect surface
transportation assets in existence as of the date of enactment.
Investments to protect new capacity are eligible but subject to
limitations specified in statute.
Subsection (c) requires the Secretary to distribute formula
funding awards, outlines the method of distribution, and
describes eligible activities and requirements that accompany
formula awards.
Subsection (d) requires the Secretary to provide
competitive planning and resilience grants to eligible
entities. Resilience grants comprise resilience improvement
grants, community resilience and evacuation route grants, and
at-risk coastal infrastructure grants. Subsection (d) also
contains a list of grant requirements, including eligibilities,
eligible project costs, Federal cost share requirements, and
distribution parameters that contain rural and tribal set-
asides, allow multiyear grants, and permit funding
reallocation.
Subsection (e) requires the Secretary to, in carrying out
the program, consult with the Assistant Secretary of the Army
for Civil Works, the Administrator of the EPA, the Secretary of
the Department of Interior (DOI), and the Secretary of the
Department of Commerce (DOC), and to solicit technical support
from the Administrator of the Federal Emergency Management
Agency (FEMA).
Subsection (f) allows a State or eligible entity that
receives a grant to have the non-Federal share of projects
reduced if the State or eligible entity meets certain voluntary
planning requirements. Specifically, the non-Federal share of
projects carried out with PROTECT funds can be reduced by 7
percent if a State or eligible entity develops a resiliency
improvement plan, and reduced by an additional 3 percent if a
State or eligible entity incorporates a resiliency improvement
plan within its long-range statewide transportation plan or
metropolitan transportation plan.
Subsection (f) also outlines the required plan contents of
a voluntary resilience improvement plan. This section does not
require a State or MPO to develop a resilience improvement plan
or incorporate such plan into a long-range statewide
transportation plan or metropolitan transportation plan.
Subsection (g) contains monitoring requirements, and
requires the Secretary (in consultation with the Assistant
Secretary of the Army for Civil Works, the Administrator of
EPA, the Secretary of DOI, the Secretary of DOC, and the
Administrator of FEMA) to evaluate the effectiveness and
impacts of projects carried out under the PROTECT program by
establishing metrics and procedures to evaluate projects. The
Secretary is required to publish and provide the opportunity
for public comment on proposed metrics prior to adoption.
Subsection (h) contains reporting requirements to be
carried out by the Secretary.
Sec. 1408. Diesel emissions reduction
Subsection (a) of Section 1408 extends the authorization of
the Diesel Emissions Reduction Act (DERA) program through
fiscal year 2024. Subsection (b) changes current law to make it
clear that EPA must recognize that there are differing diesel
vehicle, engine, equipment or fleet use concerns in different
areas of the country as the agency funds DERA projects.
Subsection (b) clarifies that in prioritizing projects for
funding under the national competitive program, EPA must
``recogniz[e] differences in typical vehicle, engine,
equipment, and fleet use.'' The subsection also commits the
agency to ``recognition, for purposes of implementing this
section, of differences in typical vehicle, engine, equipment,
and fleet use throughout the United States, including expected
useful life'' in guidance that the agency issues to States to
assist in preparing funding applications under the State-
administered program. Subsection (c) changes current law by
requiring all money left over from the State-administered
program (whether for a State that chooses not to participate or
allocated to a State but unused) would be reallocated to the
national competitive program.
SUBTITLE E--MISCELLANEOUS
Sec. 1501. Additional deposits into Highway Trust Fund
Section 1501 repeals section 105 of title 23. Because ATIA
authorizes funding for Federal-aid highway and highway safety
programs for fiscal years 2021 through 2025, there is no need
for additional funding to be automatically authorized in the
manner contemplated under section 105 of title 23.
Sec. 1502. Stopping threats on pedestrians
Section 1502 establishes a grant program to provide
assistance to local government entities for bollard
installation projects designed to prevent pedestrian injuries
and acts of terrorism in areas used by large numbers of
pedestrians. The program is authorized for appropriations at
$5,000,000 for each of fiscal years 2021 through 2025.
Sec. 1503. Transfer and sale of toll credits
Section 1503 establishes a toll credit exchange on a pilot
basis to enable the Secretary to evaluate the feasibility of
and demand for a toll credit marketplace through which States
could sell, transfer, or purchase toll credits. The Secretary
may only select up to 10 States to participate in the pilot
program, which allows originating States to transfer or sell
toll credits pursuant to section 120(i) of title 23, United
States Code. This section allows recipient States to use a
credit toward the non-Federal share requirement for any funds
made available under title 23 or chapter 53 of title 49, United
States Code. Under this section, an originating State shall use
the proceeds from the sale of a credit for the construction
costs of any title 23 eligible project within that State.
Originating and recipient States shall submit to the Secretary
a written notification not later than 30 days after the date on
which a credit is transferred or sold. Under this section, the
Secretary must verify the amount of unused toll credits and
provide a publicly accessible website where originating States
shall post the verified amount of toll credits available for
sale or transfer. The Secretary shall submit an initial and
final report to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives not later than 1
and 3 years, respectively, after the date of establishment of
the pilot program.
Sec. 1504. Forest service legacy roads and trails remediation program
Section 1504 amends the Forest Roads and Trails Act by
requiring the Secretary of Agriculture, acting through the
Chief of the Forest Service, to develop a national strategy to
perform critical maintenance and urgent repairs and
improvements on National Forest System's roads, trails, and
bridges to primarily improve public safety, water quality,
wildlife habitats, grazing, fish habitats, and recreational
access. The national strategy should focus on meeting Forest
Service road systems' needs that Forest Service's current
Capital Improvement and Maintenance Program does not adequately
meet. This section authorizes the program for appropriations
from the General Fund at $50,000,000 per year for each of
fiscal years 2021 through 2025.
Sec. 1505. Disaster relief mobilization pilot program
Section 1505 provides grants on a pilot basis to local
communities to develop disaster preparedness and disaster
response plans that include the use of bicycles. The section
requires grants to be used for vulnerability assessments of
infrastructure that supports active transportation,
modifications of disaster preparedness and response plans to
include the use of bicycles by first responders, and related
preparedness training, exercises and equipment. The section
requires a report not later than three years from the date of
enactment on the effectiveness of the program and policy
recommendations.
Sec. 1506. Appalachian regional development
Section 1506 reauthorizes the Appalachian Regional
Commission (ARC) at $180,000,000 for each of fiscal years 2021
through 2025 including $5,000,000 per year for an Appalachian
Regional Energy Hub to fund development projects and other
activities related to ethane storage as well as natural gas and
natural gas liquids storage and transport. This section also
modifies certain requirements relating to the planning
processes, decisions, and meetings of the ARC. This section
adds Catawba and Cleveland counties (in North Carolina) as part
of the Appalachian region for purposes of the ARC.
Sec. 1507. Requirements for transportation projects carried out through
public-private partnerships
Section 1507 contains transparency requirements for
projects carried out through public-private partnerships with
an estimated cost of $100,000,000 or more. Specifically, this
section requires that as a condition to receiving Federal
financial assistance for a project, a public partner must
disclose and certify certain information relating to the
private partner's satisfaction of the terms of the public-
private partnership agreement not later than 3 years after the
date of the opening of the project to traffic. This section
also requires the Secretary to provide Congress with
notification when projects are carried out through public-
private partnerships. This section also requires project
sponsors receiving Federal loans or grants to include a
detailed value for money analysis within the financial plan if
the project sponsor intends to carry out the project through a
public-private partnership. This section makes such analysis an
eligible expense under the Surface Transportation Block Grant
program.
Sec. 1508. Community connectivity pilot program
Section 1508 establishes a community connectivity pilot
program through which eligible entities may apply for planning
funds to study the feasibility and impacts of removing
transportation facilities that create barriers to mobility,
access, or economic development, and for construction funds to
carry out a project to remove an eligible facility and, if
appropriate, to replace it with a new facility.
Subsection (a) contains the definition of an eligible
facility, which includes a limited access highway, viaduct, or
any other principal arterial facility that creates a barrier to
community connectivity, including barriers to mobility, access,
or economic development, due to high speeds, grade separations,
or other design factors.
Subsection (b) establishes the pilot program.
Subsection (c) allows the Secretary to award planning
grants and provide technical assistance to eligible entities.
Eligible activities for planning grants include: planning
studies to evaluate the feasibility of removing an eligible
facility; public engagement activities to provide opportunities
for public input into a plan to remove and convert an eligible
facility; and other transportation planning activities required
in advance of a project to remove an existing eligible
facility. Planning grant awards may not exceed $2,000,000, and
the Federal cost-share for a project may not exceed 80 percent.
Subsection (d) allows the Secretary to award capital
construction grants to owners of eligible facilities for
eligible projects for which all necessary feasibility studies
(and other planning activities) have been completed. Eligible
projects include the removal and replacement of eligible
facilities. Capital construction grants must be at least
$5,000,000. The Federal cost-share for a project may not exceed
50 percent, and the maximum Federal involvement shall not
exceed 80 percent. This subsection also allows grantees to form
community advisory boards to help achieve inclusive economic
development benefits with respect to the project for which a
grant is awarded.
Subsection (e) requires the Secretary to report on the
program, as well as a separate report from the Comptroller
General.
Subsection (f) clarifies that the Secretary may not use
more than $15,000,000 during the period of fiscal years 2021
through 2025 to provide technical assistance under subsection
(c).
Sec. 1509. Repeal of rescission
Section 1509 repeals the $7,569,000,000 rescission of
Federal-aid Highway Program contract authority contained within
Section 1438 of the FAST Act.
Sec. 1510. Federal interagency working group for conversion of Federal
fleet to hybrid-electric vehicles, electric vehicles, and
alternative fueled vehicles
Section 1510 requires the Chair of the Council on
Environmental Quality to lead a Federal interagency working
group to develop a strategy to transition the vehicle fleets of
the respective Federal agencies to hybrid-electric vehicles,
plug-in electric drive vehicles, and alternative fueled
vehicles, to the maximum extent practicable. This section
establishes goals for the interagency working group and
requires it to submit an annual report to Congress.
Sec. 1511. Cybersecurity tool; cyber coordinator
Section 1511 requires the Federal Highway Administration to
develop a tool to assist transportation authorities in
identifying, detecting, protecting against, responding to, and
recovering from cyber incidents. This section requires the FHWA
to use the cybersecurity framework established by the National
Institute of Standards and Technology, to establish a
structured cybersecurity assessment and development program,
and to provide for a period of public review and comment on the
tool. This section requires the FHWA to designate an office as
a ``cyber coordinator'' for monitoring, alerting, and advising
transportation authorities of cyber incidents. It is the
intention of the Committee that the scope of this section be
limited to actions undertaken by the FHWA and those State and
local authorities within its oversight jurisdiction, and that
those actions be coordinated with other cybersecurity-related
efforts elsewhere in the Department.
Sec. 1512. Study on most effective upgrades to roadway infrastructure
Section 1512 directs the Secretary to enter into an
agreement with the Transportation Research Board (TRB) to
identify specific immediate and long-term types of upgrades
necessary to benefit the largest segment of road users,
autonomous vehicles, and automated driving system, as well as
to examine how to best achieve roadway infrastructure
uniformity to facilitate the safe deployment of autonomous
vehicles and automated driving systems. This section requires
the Secretary to provide an opportunity for public comment on
the study proposal prior to entering into an agreement with
TRB. This section requires the Secretary to submit the study to
Congress not later than two years after the enactment of this
Act.
Sec. 1513. Study on vehicle-to-infrastructure communication technology
Section 1513 directs the Secretary to enter into an
agreement with the TRB to identify immediate and long-term
safety benefits of vehicle-to-infrastructure connectivity
technologies and technologies that would allow motor vehicles
and roadway infrastructure to communicate using dedicated
short-range communications and related safety applications.
This section requires the Secretary to provide an opportunity
for public comment on the study proposal prior to entering into
an agreement with TRB. This section requires the Secretary to
submit the study to Congress not later than two years after the
enactment of this Act.
Sec. 1514. Non-highway recreational fuel study
Section 1514 authorizes a study and recurring report to
produce the best available estimate of the total amount of fuel
taxes paid by users of non-highway recreational vehicles into
the Highway Trust Fund. This section provides that the study
will be used to assist Congress in determining an appropriate
funding level for the recreational trails program.
Sec. 1515. Buy America
Section 1515 requires the Secretary to issue a public
notice 15 days in advance of issuing a waiver for the Buy
America requirement for Federal-aid projects and to report to
Congress annually on all such waivers.
Sec. 1516. Report on data-driven infrastructure traffic safety
improvements
Section 1516 requires the FHWA to conduct a study to
identify data-driven infrastructure traffic safety improvements
for priority focus areas, including improvements that would
benefit older drivers, teenage drivers, commercial drivers, and
vulnerable road users, and to issue a report to Congress
containing study results and recommendations.
Sec. 1517. High priority corridors on the National Highway System
Section 1517 amends section 1105 of the Intermodal Surface
Transportation Efficiency Act by adding new future Interstate
designations along corridors in North Carolina, Kentucky, and
Mississippi. This section also requires the Comptroller General
to submit a report to Congress on the safety and infrastructure
impacts, if any, of the continuation of currently applicable
weight limits on those specific highway segments after those
segments are open for operation as part of the Interstate
system.
Sec. 1518. Interstate weight limits
Section 1518 amends section 127 of title 23, United States
Code to continue current weight limits by adding exemptions to
Federal truck weight limits along specific corridors in North
Carolina and Kentucky should any such corridors become
designated as a route on the Interstate System.
Sec. 1519. Interstate exemption
Section 1519 allows any commercial establishment operating
legally in a rest area along a specific segment of highway in
Kentucky to continue to operate in the Interstate right-of-way
(subject to the Interstate access standards established under
section 111 of title 23) should the segment be designated as a
route on the Interstate System.
Sec. 1520. Report on air quality improvements
Section 1520 requires the Comptroller General to conduct an
evaluation of CMAQ that includes consideration of reductions in
certain emissions that have resulted from projects under the
program, the cost-effectiveness of such reductions, the results
of investments under the program in certain communities, the
effectiveness of certain performance measures established for
traffic congestion and on-road mobile source emissions, and the
extent to which the program lacks eligibilities for additional
project types that would be likely to contribute to higher air
quality.
Sec. 1521. Roadside highway safety hardware
Section 1521 requires the Secretary to implement
recommendations from a Government Accountability Office (GAO)
Report entitled ``Highway Safety: More Robust DOT Oversight of
Guardrails and Other Roadside Hardware Could Further Enhance
Safety'' published in June 2016 and numbered GAO-16-575. GAO
recommendations call for the Secretary to develop a third-party
verification of roadside safety hardware testing results from
crash test labs and to establish a process to enhance the
independence of crash test labs when lab employees test devices
that were developed within the parent organization of the
employee. While Federal-aid eligibility letters issued by FHWA
are not required for roadside safety hardware to be eligible
for Federal-aid reimbursement, this section directs FHWA to
continue issuing Federal-aid eligibility letters as a service
to States until the third-party verification processes are
complete.
Sec. 1522. Permeable pavements study
Section 1522 requires the Secretary to conduct a study on
the effects of permeable pavements on flood control and to
develop related models and best practices. This section
requires the Secretary to make a report on the results of the
study available to State and local governments.
Sec. 1523. Emergency relief projects
Section 1523 requires the Secretary to revise the Emergency
Relief (ER) program manual of FHWA to: include a definition of
resilience; identify procedures that may be used to incorporate
resilience into ER projects; encourage the use of complete
streets design principles in ER projects; develop best
practices for improving the use of resilience in ER projects;
and to develop and implement a process to track the
consideration of resilience as part of the ER program as well
as the cost of ER projects.
Sec. 1524. Certain gathering lines located on Federal land and Indian
land
Section 1524 provides the Secretary of the Interior
discretion to establish a categorical exclusion for certain
gathering lines that would reduce vented, flared, or avoidably
lost natural gas from or vehicular traffic servicing onshore
oil and gas wells on Federal land and, with tribal consent,
Indian land, as described in a sundry notice or right-of-way
submitted to the Bureau of Land Management or, where
applicable, the Bureau of Indian Affairs. The purpose of this
categorical exclusion is to reduce methane and other emissions
through the use of adequate gathering line infrastructure.
Sec. 1525. Sense of Senate relating to offsets
Section 1525 states the sense of the Senate that the
Highway Trust Fund shall achieve long-term solvency through
user fees, and the intent to fully offset any spending beyond
current Highway Trust Funds revenues and balances during the
reauthorization period.
Sec. 1526. Study on stormwater best management practices
Section 1526 requires the Secretary and Administrator of
EPA to offer to enter into an agreement with TRB to conduct a
study on stormwater runoff from highways and pedestrian
facilities and provide recommendations regarding potential
stormwater management recommendations for State departments of
transportation. The study will also examine the potential for
the Secretary to assist State departments of transportation in
implementing and communicating stormwater management practices
for highways and pedestrian facilities.
Sec. 1527. Stormwater best management practices reports
Section 1527 requires the Administrator of FHWA to update
and reissue two existing stormwater best management practices
reports to reflect new information and advancements in the
field. In addition, this section instructs the Administrator to
continue updating the two reports not less frequently than once
every five years, unless the reports are either withdrawn or
incorporated into regulations.
Sec. 1528. Invasive plant elimination program
Section 1528 establishes a new grant program to fund
projects by States to eliminate or control existing invasive
plants or prevent introduction of or encroachment by new
invasive plants along and in areas adjacent to transportation
corridor rights-of-way. The term ``invasive plant'' means a
nonnative plant, tree, grass, or weed species. This section
requires the Secretary to prioritize projects that utilize
native plants and wildflowers. This section limits amounts to
be used for equipment to not more than ten percent and
administrative and indirect costs to not more than five
percent. This section requires each grantee to coordinate with
local authorities and to report annually on the uses of the
funds. This section limits the Federal share to 50 percent
except in the case of projects that utilize native plants and
wildflowers which are eligible for 75 percent Federal share.
This section authorizes the program for appropriations at
$50,000,000 per year for each of fiscal years 2021 through
2025.
Sec. 1529. Over-the-road bus tolling equity
Section 1411 of the FAST Act amended title 23 to require
that over-the-road busses that serve the public be provided
access to certain toll facilities under the same rates, terms,
and conditions as public transportation buses. Section 1529
amends title 23 further to ensure there is accountability for
equal access to certain tolled facilities between over-the-road
buses and public transportation buses. This section adds a
reporting requirement for public authorities, and further
extends an existing audit requirement to include an audit for
reporting compliance.
Sec. 1530. Bridge terminology
Section 1530 modernizes bridge terminology used in title
23.
Sec. 1531. Technical corrections
Section 1531 makes technical corrections to title 23 of the
United States Code.
Sec. 1532. Study of impacts on roads from self-driving vehicles
Section 1532 directs the Administrator of FHWA to initiate
a study on the existing and future impacts of self-driving
vehicles to transportation infrastructure, mobility, the
environment, and safety, including impacts on the Interstate
System, urban roads, rural roads, corridors with heavy traffic
congestion, transportation systems optimization, and any other
areas or issues relevant to operations of FHWA that the
Administrator determines to be appropriate. In carrying out the
study, the Administrator is required to consider and
incorporate relevant current and ongoing research of the
Department and is required to convene and consult with national
experts in both rural and urban transportation, subject to
certain requirements.
TITLE II--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION
Sec. 2001. Transportation Infrastructure Finance and Innovation Act of
1998 amendments
Section 2001 makes several updates to the Transportation
Infrastructure Finance and Innovation Act (TIFIA) program
intended to increase program utilization, streamline the
application process for assistance, and increase transparency
in the vetting process for projects seeking TIFIA funds. This
section establishes a definition for the term
``administratively allocated'' in reference to funding
allocated by the Secretary for projects that have advanced into
either the credit worthiness phase or are subject to a master
credit agreement. This section extends the period during which
contingent commitments under a master credit agreement must
result in a financial close from 3 years to 5 years. This
section adds eligibility for public infrastructure located near
transportation facilities to promote transit-oriented
development subject to a September 30, 2025 letter of interest
deadline and a cap on the funding available for such projects.
This section adds eligibility for airport-related projects
subject to a September 30, 2024 letter of interest deadline and
a cap on the funding available for such projects, and requires
the Secretary to report to Congress on the impact of this new
eligibility on the use of TIFIA funds including recommendations
for permanent modifications to the program. This section adds
eligibility for projects to acquire plant and wildlife habitats
pursuant to a transportation project environmental impact
mitigation plan. This section raises the threshold for securing
multiple credit rating agency opinions from $75,000,000 to
$150,000,000. This section requires the Secretary to provide
applicants with an estimate of the timeline of application
approval or disapproval and, to the maximum extend practical,
such estimate shall be less than 150 days from the submission
of a letter of interest. In the case of government borrowers,
this section removes the requirement that loans be prepaid with
excess revenues so long as those revenues are used for surface
transportation projects. This section also adds new criteria to
the streamlined application process for public agency borrowers
intended to increase the likelihood that the Secretary will be
able to move more projects through the process expeditiously.
This section extends the authority to use a portion of TIFIA
funding for administrative costs through fiscal year 2025. This
section increases overall transparency in the TIFIA process by
requiring DOT to publish status reports online.
Section 2001 extends the authorization of State
Infrastructure Bank program through fiscal year 2025.
TITLE III--RESEARCH TECHNOLOGY AND EDUCATION
Sec. 3001. Surface transportation system funding alternatives
Section 3001 reauthorizes the Surface Transportation System
Funding Alternatives program established under the FAST Act to
research the feasibility of a road usage fee or other user-
based alternative revenue mechanisms that preserve a user fee
structure to maintain the long-term solvency of the Highway
Trust Fund. This section builds upon the State pilot programs
authorized in the FAST Act and strengthens the program
objectives to ensure projects test solutions for the
collection, privacy, and security of data for the purposes of
implementing a user-based alternative revenue mechanism. This
section establishes a new national research program to include
voluntary participation by drivers or owners of commercial
vehicles. This section establishes a Federal System Funding
Alternative Advisory Board to assist with advancing research
under the program and developing recommendations. The board
consists of a broad cross section of interested stakeholders
including State and local transportation agencies, owners and
operators of toll facilities, and fleet operators. This section
requires the Secretary to report to Congress on the results of
State pilot projects and the national research program, and to
provide recommendations on implementation. For each of fiscal
years 2021 through 2025, this section sets aside from funds
made available for FHWA research programs, $15,000,000 for
State pilot projects and $10,000,000 for the national research
program. This section provides that excess funds from the State
pilots may be used for the national research program and vice
versa.
Sec. 3002. Performance management data support program
Section 3002 extends the authorization and provides a
funding source for FHWA to develop, use, and maintain data sets
and data analysis tools to MPOs and States in carrying out
performance management analyses and requirements. A national
performance management program provides information to help
Federal, State, and local governments and others in their
decision-making as they consider strategic transportation
investments and policies.
Sec. 3003. Data integration pilot program
Section 3003 authorizes for appropriation from the General
Fund, $2,500,000 for each of fiscal years 2021 through 2025 to
research and develop models that integrate real-time
information, including weather conditions, roadway conditions,
and information from emergency responders. This section
authorizes the Secretary to facilitate data integration between
DOT and the National Weather Service, as well as address
safety, resiliency, and vulnerability threats, by providing
tools to help public safety officials and end users make
important transportation decisions.
Sec. 3004. Emerging technology research pilot program
Section 3004 establishes a pilot program to conduct
emerging technology research, specifically including advanced
and additive manufacturing (3-D printing) technologies, as well
as research into activities to reduce the impact of automated
driving systems and advanced driver automation systems
technologies on pavement and infrastructure performance, and to
improve transportation infrastructure design. This section
authorizes for appropriation from the General Fund $5,000,000
for each of fiscal years 2021 through 2025 to support the pilot
program.
Sec. 3005. Research and technology development and deployment
Section 3005 expands the objectives of the Turner Fairbank
Highway Research Center to support research on non-market ready
technologies in consultation with public and private entities.
This section establishes an open challenge and research
proposal pilot program that provides grants for proposals to
research needs or challenges identified or determined to be
important by the Secretary. This section also expands the
Technology and Innovation Deployment Program by adding a focus
on accelerated market readiness efforts, and increases funding
for the program, including $100,000,000 in new and innovative
construction technologies for smarter, accelerated project
delivery. This section extends the authorization for the
Accelerated Implementation and Deployment of Pavement
Technologies program and adds pavement-related considerations
to enhance the environment and promote sustainability in the
reporting under this program. The modified Advanced
Transportation Technologies and Innovative Mobility Deployment
program includes intermodal connectivity and a rural set-aside
of not less than 20 percent. This section authorizes a new
Center of Excellence on New Mobility and Automated Vehicles to
research the impact of automated vehicles and new mobility,
such as docked and dockless bicycles and electric scooters.
Sec. 3006. Workforce development, training, and education
Section 3006 provides authority to allow States greater
flexibility to address surface transportation workforce
development, training, and education needs, including
activities that address current workforce gaps, such as work on
construction projects. This section permits States to obligate
funds for purposes such as pre-apprenticeships,
apprenticeships, and career opportunities for on-the-job
training, and vocational school support. This section modifies
an existing grant program under section 504(f) in title 23 that
requires the Secretary to make workforce development grants.
This section expands the eligibility of educational
institutions beyond institutions of higher education. This
section also authorizes the Secretary to award grants for
training deployment purposes beyond the development, testing,
and review of new curricula and education programs. This
section encourages coordination and partnership with
stakeholders, including industry, construction, labor
organizations, and relevant government agencies, such as the
U.S. Department of Labor Employment and Training
Administration, the U.S. Department of Education, and State,
regional, and local partners, such as Workforce Development
Boards. This section also establishes minimum reporting
requirements for grant recipients to establish accountability
in the award of grants.
Sec. 3007. Wildlife-vehicle collision research
Section 3007 adds animal detection systems to reduce the
number of wildlife-vehicle collisions as eligible for priority
consideration for intelligent transportation system (ITS)
research projects. This section amends membership of the
advisory committee required to advise the Secretary on carrying
out ITS programs.
TITLE IV--INDIAN AFFAIRS
Sec. 4001. Definition of Secretary
Section 4001 defines the term ``Secretary'' as the
Secretary of the Interior.
Sec. 4002. Environmental reviews for certain tribal transportation
facilities
Section 4002 aligns the Department of the Interior's
process of expediting environmental reviews for tribal
transportation safety projects to be similar to the Department
of Transportation's process.
Sec. 4003. Programmatic agreements for tribal categorical exclusions
Section 4003 allows the Secretary of the Interior or the
Secretary of Transportation to enter into programmatic
agreements with Indian tribes.
Sec. 4004. Use of certain tribal transportation funds
Section 4004 removes the 3 percent set-aside for the Tribal
Transportation Facility Bridges program and specifies funding
eligibilities for the same program.
Sec. 4005. Bureau of Indian Affairs (BIA) road maintenance program
Section 4005 authorizes $50,000,000 for the Road
Maintenance Program for fiscal year 2021, with increases of
$2,000,000 per year through fiscal year 2025.
Sec. 4006. Study of road maintenance on Indian land
Section 4006 directs the Secretary of the Interior, in
consultation with the Secretary of Transportation, to study and
address the deferred maintenance backlog of existing roads on
Indian land.
Sec. 4007. Maintenance of certain Indian reservation roads
Section 4007 allows the Commissioner of U.S. Customs and
Border Protection to transfer funds to the BIA to maintain or
repair roads under the jurisdiction of the BIA.
Sec. 4008. Tribal transportation safety needs
Section 4008 directs the Secretary, in consultation with
the Secretary of DOI, Indian tribes, and Alaska Native villages
to develop best practices and create a standardized motor
vehicle crash report form. Tribes could voluntarily use this
crash report form to capture data and communicate with State
departments of transportation. This section directs the Bureau
of Indian Affairs to use the Incident Management Analysis and
Reporting System form of the applicable State to report motor
vehicle crash data. This section also modifies the set-aside
amount for the Tribal Transportation Program Safety Fund from 2
percent to 4 percent.
Sec. 4009. Office of Tribal Government Affairs
Section 4009 establishes an Assistant Secretary for Tribal
Government Affairs under the DOT, who shall be appointed by the
President but not Senate confirmed. The Committee recommends
that the Assistant Secretary for Tribal Government Affairs
shall oversee the Tribal Transportation Self Governance Program
under 23 U.S.C. 207. In addition, the Assistant Secretary shall
administer all departmental, modal, and multimodal tribal
governmental relations.
Legislative History
On July 29, 2019, Senator Barrasso, chairman of the
Committee on Environment and Public Works, introduced S. 2302,
America's Transportation Infrastructure Act of 2019. Senators
Carper, Capito, and Cardin were original cosponsors of the
legislation. The bill was referred to the Committee on
Environment and Public Works.
On July 30, 2019, the Committee on Environment and Public
Works conducted a business meeting to consider S. 2302. The
Committee ordered S. 2302 to be favorably reported with an
amendment in the nature of a substitute by a unanimous roll
call vote of 21 to 0.
Hearings
Since the passage of the FAST Act in 2015, the Committee on
Environment and Public Works has held 12 hearings to conduct
oversight on the implementation of the FAST Act and hear from
stakeholders what priorities should be addressed in the
reauthorization of the FAST Act.
2/8/2017 Full Committee Hearing: ``Oversight:
Modernizing our Nation's Infrastructure.''
5/3/2017 Full Committee Hearing: ``Infrastructure
Project Streamlining and Efficiency: Achieving Faster, Better,
and Cheaper Results.''
5/16/2017 Subcommittee Hearing: ``Leveraging
Federal Funding: Innovative Solutions for Infrastructure.''
5/17/2017 Full Committee Hearing: ``Improving
America's Transportation Infrastructure: The Road Forward.''
7/12/2017 Full Committee Hearing: ``The Use of
TIFIA and Innovative Financing in Improving Infrastructure to
Enhance Safety, Mobility, and Economic Opportunity''
12/20/2017 Subcommittee Hearing: ``Freight
Movement: Assessing Where We Are Now And Where We Need To Go.''
3/1/2018 Full Committee Hearing: ``The
Administration's Framework for Rebuilding Infrastructure in
America.''
6/13/2018 Full Committee Hearing: ``Innovation and
America's Infrastructure: Examining the Effects of Emerging
Autonomous Technologies on America's Roads and Bridges.''
6/11/2018 Full Committee Hearing: ``The Long-term
Value to U.S. Taxpayers of Low-cost Federal Infrastructure
Loans.''
11/28/2018 Full Committee Hearing: ``Addressing
America's Surface Transportation Infrastructure Needs.''
3/6/2019 Full Committee Hearing: The Economic
Benefits of Highway Infrastructure Investment and Accelerated
Project Delivery.''
7/10/2019 Full Committee Hearing: ``Investing in
America's Surface Transportation Infrastructure: The Need for a
Multi-Year Reauthorization Bill.''
Rollcall Votes
The Committee on Environment and Public Works met to
consider S. 2302 on July 30, 2019. The bill, with an amendment
in the nature of a substitute, was ordered to be favorably
reported by a roll call vote of 21 to 0.
Amendments approved
The following amendments to the amendment in the nature of
a substitute to S. 2302 were approved en bloc by voice vote:
Carper #1--An amendment to reinstate set-aside categories
for competitive grants under the PROTECT grant program that
were inadvertently removed due to a clerical error (approved by
voice vote).
Inhofe-Boozman #1--An amendment to expand eligibility for
grants under the INFRA grant program to include marine highway
corridor projects that are connected to the National Highway
Freight Network and likely to reduce on-road mobile source
emissions (approved by voice vote).
Revised Duckworth #2--An amendment to require the Federal
Highway Administration to conduct a study of impacts on roads
from self-driving vehicles, including those relating to
traffic, congestion, and the environment (approved by voice
vote).
Revised Merkley #3--An amendment to clarify for purposes of
the invasive plant elimination program that wildflowers used in
state revegetation and replanting projects should be a variety
that benefits pollinators (approved by voice vote).
Revised Van Hollen #3--An amendment to modify provisions
relating to funding for surface transportation system funding
alternatives that allows for excess funds remaining after
carrying out a national pilot program to be available to make
grants for state pilot programs (approved by voice vote).
Final committee vote to report
An amendment in the nature of a substitute, as amended by
Carper #1, Inhofe-Boozman #1, Revised Duckworth #2, Revised
Merkley #3, and Revised Van Hollen #3, was approved, and S.
2302, with the amendment in the nature of a substitute, was
ordered to be favorably reported by a roll call vote of 21 to 0
(Senators Booker, Boozman, Braun, Capito, Cardin, Carper,
Cramer, Duckworth, Ernst, Gillibrand, Inhofe, Markey, Merkley,
Rounds, Sanders, Shelby, Sullivan, Van Hollen, Whitehouse,
Wicker, and Barrasso voted aye).
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee on Environment and
Public Works finds that S. 2302 does not create any additional
regulatory burdens, nor will it cause any adverse impact on the
personal privacy of individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the Committee on Environment and Public
Works notes that the Congressional Budget Office found that S.
2302 contains no intergovernmental or private-sector mandates
as defined in the Unfunded Mandates Reform Act (UMRA).
Cost of Legislation
Section 403 of the Congressional Budget and Impoundment
Control Act requires that a statement of the cost of the
reported bill, prepared by the Congressional Budget Office, be
included in the report. That statement follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 12, 2019.
Hon. John Barrasso,
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. 2302, the America's
Transportation Infrastructure Act of 2019.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Robert Reese.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
Bill summary: S. 2302 would provide budget authority for
the Department of Transportation (DOT) to continue operating
the Federal-Aid Highway Program, which is funded from the
Highway Trust Fund, over the 2021-2025 period. The bill also
would authorize the appropriation of funds for certain other
transportation programs administered by DOT, the Environmental
Protection Agency, the Department of the Interior, the Forest
Service, and other agencies.
Estimated Federal cost: The estimated budgetary effect of
S. 2302 is shown in Table 1. The costs of the legislation fall
within budget functions 300 (natural resources and
environment), 400 (transportation), and 450 (community and
regional development).
Basis of estimate: For this estimate, CBO assumes that S.
2302 will be enacted near the end of 2019 and that the
authorized amounts will be provided for each year beginning in
fiscal year 2020. Outlays are based on the historical rate of
spending for the affected programs.
Background
The Federal-Aid Highway Program is an umbrella term for the
separate highway programs administered by DOT's Federal Highway
Administration. Those programs are almost entirely focused on
highway construction, and generally do not support operations
(such as state employee salaries or fuel costs) or routine
maintenance (such as mowing roadway fringes or filling
potholes). Historically, the program has been funded by
contract authority (a mandatory form of budget authority)
provided in multi-year authorizations but most outlays of that
contract authority have been controlled by obligation
limitations provided in annual appropriations and have
therefore been classified as discretionary.\1\ Some outlays of
that contract authority have been specifically exempt from
obligation limitations and are therefore classified as
mandatory.
---------------------------------------------------------------------------
\1\For more information on the split budgetary classification of
surface transportation programs funded from the Highway Trust Fund see
Congressional Budget Office, The Highway Trust Fund and the Treatment
of Surface Transpiration Programs in the Federal Budget (June 2014),
www.cbo.gov/publication/45416.
---------------------------------------------------------------------------
Following the rules in the Balanced Budget and Emergency
Deficit Control Act of 1985 for constructing the baseline,
CBO's baseline incorporates the assumption that the amount of
contract authority provided in the last year of the Federal-Aid
Highway Program's authorization continues in each subsequent
year. Therefore, CBO's estimates for authorizing legislation
containing contract authority as well as the outlays from
contract authority that is exempt from obligation limitations
are relative to amounts in its baseline projections.
TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF S. 2302
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
-----------------------------------------------------------------------------------------------------------------------------------------------
2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2020-2024 2020-2029
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
INCREASES IN DIRECT SPENDING
Contract Authority Subject to Obligation
Limitationsa:
Estimated Contract Authorityb................. 7,569 15,591 16,686 17,869 19,133 20,307 20,307 20,307 20,307 20,307 76,848 178,383
Estimated Outlays............................. 0 0 0 0 0 0 0 0 0 0 0 0
Balance Exchanges:
Contract Authority............................ 0 0 0 0 0 0 0 0 0 0 0 0
Estimated Outlays............................. 0 140 270 195 100 50 40 20 0 0 705 815
-----------------------------------------------------------------------------------------------------------------------------------------------
Total Changes:
Estimated Contract Authority................ 7,569 15,591 16,686 17,869 19,133 20,307 20,307 20,307 20,307 20,307 76,848 178,383
Estimated Outlays........................... 0 140 270 195 100 50 40 20 0 0 705 815
DECREASES IN REVENUES
Estimated Revenues.............................. 0 * -2 -5 -11 -18 -26 -32 -36 -38 -18 -168
NET INCREASE IN THE DEFICIT FROM CHANGES IN DIRECT SPENDING AND REVENUES
Estimated Effect on the Deficit................. 0 140 272 200 111 68 66 52 36 38 723 983
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Obligation Limitations for the Federal-Aid
Highway Program:
Obligation Limitationsc....................... 0 54,388 55,483 56,666 57,930 59,104 0 0 0 0 224,467 283,571
Estimated Outlays............................. 0 13,597 36,170 45,073 48,758 51,977 39,606 16,781 8,626 6,334 143,598 266,922
Other Authorized Programs:
Estimated Authorization....................... 197 1,384 1,427 1,434 1,461 1,382 1 1 1 1 5,903 7,289
Estimated Outlays............................. 31 425 951 1,185 1,292 1,345 957 442 227 142 3,885 6,998
-----------------------------------------------------------------------------------------------------------------------------------------------
Total Changes:
Estimated Budgetary Resources............... 197 55,772 56,910 58,100 59,391 60,486 1 1 1 1 230,370 290,860
Estimated Outlays........................... 31 14,025 37,121 46,258 50,051 53,322 40,563 17,223 8,854 6,476 147,485 273,924
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Sources: Congressional Budget Office; staff of the Joint Committee on Taxation.
Components may not sum to totals because of rounding; * = between -$500,000 and zero.
aThe Congress and the Administration agree that the Federal-Aid Highway Program has a unique budgetary treatment: Authorizing laws provide the program with contract authority (the authority to
obligate funds in advance of an appropriation act) but outlays of that authority are generally considered discretionary because they are controlled by obligation limitations in an annual
appropriation act. (Obligation limitations are provisions of a law or legislation that restrict or reduce the availability of budget authority that would have become available under another
law.) A portion of the program's contract authority is exempt from those limitations (both under current law and under S. 2302) and therefore results in mandatory outlays.
bConsistent with rules in the Balanced Budget and Emergency Deficit Control Act of 1985, CBO assumes that the mandatory budget authority provided in 2025, the final year of the bill's
authorization, would continue indefinitely. See Table 2 for more details on the change in contract authority under S. 2302 relative to CBO's baseline projections.
cThe Deficit Control Act does not require CBO to extend amounts authorized to be appropriated beyond the expiration date of such an authorization. Consequently, CBO has not estimated
obligation limitations beyond 2025.
However, the Deficit Control Act does not require CBO to
extend expiring authorizations of appropriations. Consequently,
CBO does not project obligation limitations and the associated
discretionary spending beyond the period of authorization
included in proposed legislation.
Direct spending
Relative to the amounts projected in its baseline, CBO
estimates that enacting S. 2302 would increase mandatory budget
authority by $178 billion and mandatory outlays by $0.8 billion
over the 2020-2029 period.
Contract Authority Subject to Obligation Limitations. S.
2302 would provide contract authority for the Federal-Aid
Highway Program over the 2020-2025 period. The change in
contract authority under S. 2302 relative to CBO's baseline is
displayed in Table 2 and described below. Because of the
program's split budgetary classification, most outlays stemming
from that authority are classified as discretionary; a small
amount is classified as mandatory.
The Fixing America's Surface Transportation (FAST) Act, the
most recent authorization for surface transportation, expires
at the end of 2020. Consistent with requirements in the Deficit
Control Act, CBO's baseline projections include the assumption
that the amount of contract authority in 2020 continues at the
same level in each subsequent year, including a scheduled $8
billion rescission of contract authority in 2020. (A rescission
is a withdrawal of unexpired authority to incur financial
obligations that was provided previously in law.) Accordingly,
CBO's May 2019 baseline projects that net contract authority
over the 2020-2029 period would total $395 billion; $388
billion of that amount is subject to obligation limitations.
S. 2302 would cancel the $8 billion rescission scheduled to
occur in 2020. Thus, CBO estimates that relative to the
baseline, contract authority for the Federal-Aid Highway
Program would increase by about $76 billion over the 2020-2029
period.
In addition, S. 2302 would provide $284 billion in contract
authority that is subject to obligation limitations for the
Federal-Aid Highway Program over the 2021-2025 period.
Consistent with the Deficit Control Act, CBO estimates that the
mandatory budget authority of nearly $60 billion that would be
provided in 2025 (the final year of its authorization) under S.
2302 would continue indefinitely.
CBO estimates that the amounts that would be provided by
the bill for contract authority subject to obligation
limitations over the 2020-2029 period is $178 billion more than
projected in CBO's baseline. (Because the contract authority
provided in the bill that is exempt from obligation limitations
would be equal to the amount projected in CBO's baseline over
the 2020-2029 period, there would be no cost relative to that
baseline.)
TABLE 2.--CONTRACT AUTHORITY SUBJECT TO OBLIGATION LIMITATIONS FOR THE FEDERAL-AID HIGHWAY PROGRAM PROVIDED BY S. 2302 RELATIVE TO CBO'S BASELINE
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
----------------------------------------------------------------------------------------------------------------------------------------------
2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2020-2024 2021-2025 2020-2029
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CONTRACT AUTHORITY IN CBO'S BASELINEa
Contract Authority Under the Fast Act............ 46,366 0 0 0 0 0 0 0 0 0 46,366 46,366 46,366
Rescission Under the FAST Act.................... -7,569 0 0 0 0 0 0 0 0 0 -7,569 -7,569 -7,569
Contract Authority Assumed in CBO's Baseline..... 0 38,797 38,797 38,797 38,797 38,797 38,797 38,797 38,797 38,797 155,188 155,188 349,173
----------------------------------------------------------------------------------------------------------------------------------------------
Total Contract Authority..................... 38,797 38,797 38,797 38,797 38,797 38,797 38,797 38,797 38,797 38,797 193,985 193,985 387,970
CONTRACT AUTHORITY UNDER S. 2302
Contract Authority............................... 46,366 54,388 55,483 56,666 57,930 59,104 0 0 0 0 270,833 283,571 329,937
Contract Authority Assumed to Continue........... 0 0 0 0 0 0 59,104 59,104 59,104 59,104 0 0 236,416
----------------------------------------------------------------------------------------------------------------------------------------------
Total Contract Authority..................... 46,366 54,388 55,483 56,666 57,930 59,104 59,104 59,104 59,104 59,104 270,833 283,571 566,353
INCREASE IN CONTRACT AUTHORITY UNDER S, 2302 COMPARED TO CBO'S BASELINE
Increase in Contract Authorityb.................. 7,569 15,591 16,686 17,869 19,133 20,307 20,307 20,307 20,307 20,307 76,848 89,586 178,383
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Components may not sum to totals because of rounding; FAST Act = Fixing America's Surface Transportation Act.
The bill also would authorize about $3 billion in contract authority exempt from obligation limitations over the 2021-2025 period. Those amounts are equal to amounts assumed in CBO's baseline
over that period.
aFollowing the rules in the Balanced Budget and Deficit Control Act of 1985, CBO's baseline incorporates the assumption that the amount of contract authority provided in the last year of the
Federal-Aid Highway Program's authorization continues in each subsequent year. Under the FAST Act, the current surface transportation authorization, contract authority is provided for the
Federal-Aid Highway Program through 2020. S. 2302 would provide that authority through 2025.
bThis line is the same as the line ``Contract Authority Subject to Obligation Limitations'' in Table 1.
Balance Exchanges. Until 2014, the federal government
provided contract authority to the 13 Appalachian states to
fund the Appalachian Development Highway System (ADHS). Most of
those states still have balances for those purposes.
Section 1123 would create the Balance Exchanges for
Infrastructure program. Under the program, Appalachian states
that do not plan to use all of their remaining balances of ADHS
contract authority could exchange their balances in return for
an equal amount of contract authority that could be used for a
wider range of transportation projects. The funding would come
from unobligated balances within DOT's Transportation
Infrastructure Finance and Innovation Act (TIFIA) program.
States that chose not to return their balances could apply for
grants (funded from ADHS balances returned by other states) to
fund ADHS-related projects.
Given the amount of unobligated balances remaining in the
ADHS and TIFIA programs and the likelihood of a state's
participation in the Balance Exchanges program, CBO estimates
that six of the 13 states with large ADHS balances would choose
to return a total of about $450 million in contract authority
in exchange for an equal amount of funding from the TIFIA
program. Two other states would probably apply for and receive
a total of about $375 million from the returned ADHS balances.
CBO estimates that in total enacting this provision would
increase outlays--by $815 million--from contract authority
provided in previous authorization acts that would not
otherwise have been spent over the 2020-2029 period.
Revenues
S. 2302 would reauthorize the State Infrastructure Bank
program through 2025. States use infrastructure banks to
finance transportation projects by lending money to local
governments or by repaying bonds.
As under current law, S. 2302 would allow states to deposit
some of the funds apportioned and allocated to the state from
the Federal-Aid Highway Program into state infrastructure
banks. S. 2302 would increase such funding to states, so more
would be available, relative to CBO's baseline, for such
deposits.
The staff of the Joint Committee on Taxation estimates that
enacting this provision would increase the states' use of tax-
exempt bonds and therefore decrease federal revenues by $168
million over the 2020-2029 period.
Spending subject to appropriation
Assuming appropriation of the specified and necessary
amounts, CBO estimates that implementing S. 2302 would cost
$274 billion over the 2020-2029 period (see Table 3). That
amount includes spending from the Highway Trust Fund as well as
spending on programs operated by DOT or other federal agencies.
Obligation Limitations for the Federal-Aid Highway Program.
Historically, the contract authority provided in transportation
legislation has been controlled by limitations on obligations
contained in annual appropriation acts. CBO expects that
practice would continue under the provisions of S. 2302. The
bill would authorize obligation limitations totaling $284
billion over the 2020-2029 period. CBO estimates that
obligating amounts equal to those limitations would result in
outlays of $267 billion over the 2020-2029 period.
TABLE 3.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 2302
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
---------------------------------------------------------------------------------------------------------------
2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2020-2024 2020-2029
--------------------------------------------------------------------------------------------------------------------------------------------------------
Obligation Limitations for the Federal-
Aid Highway Program:
Obligation Limitation................. 0 54,388 55,483 56,666 57,930 59,104 0 0 0 0 224,467 283,571
Estimated Outlays..................... 0 13,597 36,170 45,073 48,758 51,977 39,606 16,781 8,626 6,334 143,598 266,922
Bridge Investment Program:
Authorization......................... 0 600 640 650 675 700 0 0 0 0 2,565 3,265
Estimated Outlays..................... 0 150 406 515 561 605 464 196 100 74 1,632 3,071
Tribal Transportation:
Authorization......................... 0 380 382 384 386 388 0 0 0 0 1,532 1,920
Estimated Outlays..................... 0 117 269 322 342 357 245 97 50 35 1,050 1,834
Appalachian Regional Commission:
Authorization......................... 0 180 180 180 180 180 0 0 0 0 720 900
Estimated Outlays..................... 0 20 67 115 148 171 160 113 65 32 350 891
Diesel Emissions Reduction:
Authorization......................... 100 100 100 100 100 0 0 0 0 0 500 500
Estimated Outlays..................... 25 85 100 100 100 75 15 0 0 0 410 500
Emissions Capture and Utilization:
Estimated Authorization............... 87 1 2 2 2 1 1 1 1 1 94 99
Estimated Outlays..................... 3 3 20 22 23 20 3 2 2 1 71 99
Legacy Roads and Trails Remediation:
Authorization......................... 0 50 50 50 50 50 0 0 0 0 200 250
Estimated Outlays..................... 0 34 45 50 50 50 16 5 0 0 179 250
Invasive Plant Elimination:
Authorization......................... 0 50 50 50 50 50 0 0 0 0 200 250
Estimated Outlays..................... 0 5 25 40 50 50 45 25 10 0 120 250
Pilot Programs:
Authorization......................... 0 13 13 13 13 13 0 0 0 0 52 65
Estimated Outlays..................... 0 5 9 12 13 13 8 4 1 0 39 65
Alaska Highway:
Estimated Authorization............... 10 10 10 5 5 0 0 0 0 0 40 40
Estimated Outlays..................... 3 7 10 9 6 4 1 0 0 0 35 40
Total Changes:
Estimated Budgetary Resources......... 197 55,772 56,910 58,100 59,391 60,486 1 1 1 1 230,370 290,860
Estimated Outlays..................... 31 14,025 37,121 46,258 50,051 53,322 40,563 17,223 8,854 6,476 147,485 273,924
--------------------------------------------------------------------------------------------------------------------------------------------------------
Components may not sum to totals because of rounding.
Bridge Investment Program. In addition to contract
authority provided from the Highway Trust Fund, section 1101
would authorize the appropriation of about $3.3 billion for DOT
to implement the proposed Bridge Investment Program. CBO
estimates that implementing this provision would cost $3.1
billion over the 2020-2029 period.
Tribal Transportation. Over the 2021-2025 period, section
1101 also would authorize the appropriation of $300 million
annually for the Nationally Significant Federal Lands and
Tribal Projects Program, section 1130 would authorize the
appropriation of $30 million annually for the Tribal High
Priority Projects Program, and section 4005 would authorize
appropriations totaling $270 million for the Bureau of Indian
Affairs' road maintenance program. The bill also would
authorize the appointment of a new Assistant Secretary for
Tribal Government Affairs within the Department of the Interior
to oversee road maintenance and other tribal transportation
activities. CBO estimates that implementing those provisions
would cost $1.8 billion over the 2020-2029 period.
Appalachian Regional Commission. Section 1506 would
authorize the appropriation of $180 million a year over the
2021-2025 period for the Appalachian Regional Commission. CBO
estimates that implementing the provision would cost $891
million over the 2020-2029 period.
Diesel Emissions Reduction. Section 1408 would authorize
the appropriation of $100 million annually over the 2020-2024
period for the Environmental Protection Agency to provide
grants and rebates for projects and state programs that reduce
emissions from diesel engines. In 2019, $87 million was
appropriated for those purposes. CBO estimates that
implementing section 1408 would cost $500 million over the
2020-2029 period.
Emissions Capture and Utilization. Section 1406 would
authorize the appropriation of $85 million for the
Environmental Protection Agency to support research and
development on advanced technologies to capture carbon dioxide
(CO2) from the atmosphere for permanent storage or for use in
commercial products or processes. CBO estimates that
implementing this provision would cost $85 million over the
2020-2029 period.
Section 1406 aims to expedite the review and permitting for
infrastructure projects to capture or transport CO2. The
Council on Environmental Quality would be required to support
the expansion of CO2 storage projects and infrastructure by
issuing new guidance and reports and by establishing new task
forces. CBO estimates that implementing those provisions would
cost $14 million over the 2020-2029 period.
Legacy Roads and Trails Remediation. Section 1504 would
authorize the appropriation of $50 million annually over the
2021-2025 period for the Forest Service to provide critical
maintenance, urgent repairs, and improvements to National
Forest System roads, trails, and bridges. CBO estimates that
implementing this section would cost $250 million over the
2020-2029 period.
Invasive Plant Elimination. Section 1528 would authorize
the appropriation of $50 million annually over the 2021-2025
period for DOT to provide grants to states to eliminate or
control invasive plants in areas adjacent to highways,
railroads, or other surface transportation routes. CBO
estimates the implementing the section would cost $250 million
over the 2020-2029 period.
Pilot Programs. S. 2302 would authorize appropriations for
three pilot programs over the 2021-2025 period. Section 1502
would authorize the appropriation of $5 million annually for
construction grants to local governments for infrastructure
designed to increase pedestrian safety near roadways, section
3004 would authorize the appropriation of $5 million annually
for DOT to implement a program to research emerging
transportation technologies, and section 3003 would authorize
the appropriation of $2.5 million annually for DOT to better
integrate data from DOT, the National Weather Service, and
other sources to provide real-time information on roadway
conditions during severe weather events. CBO estimates that
implementing those provisions would cost $65 million over the
2020-2029 period.
Alaska Highway. Section 1117 would authorize the use of
competitive DOT grants to restore part of the Alaska Highway.
Under current law, only amounts apportioned to Alaska from the
Federal-Aid Highway Program can be used to fund that
infrastructure.
CBO expects that Alaska would apply for discretionary
grants to supplement funding from the Federal-Aid Highway
Program to complete the current restoration initiative. Using
information from the federal Department of Transportation and
the State of Alaska, CBO estimates that implementing the
section would cost $40 million over the 2020-2029 period.
Status of the Highway Trust Fund under S. 2302
In its May 2019 baseline, CBO projected a cumulative
shortfall of $53 billion in the highway account of the Highway
Trust Fund at the end of 2025.\2\ That is the amount by which
revenues credited to the fund are projected to fall short of
outlays, given the authorized and projected spending authority.
---------------------------------------------------------------------------
\2\See Congressional Budget Office, Details About Baseline
Projections for Selected Programs, ``Highway Trust Fund Accounts--May
2019 Baseline,'' (May 20, 2019), https://go.usa.gov/xVAAT.
---------------------------------------------------------------------------
The obligation limitations authorized in S. 2302 for the
Federal-Aid Highway Program exceed those in CBO's May 2019
baseline by about $38 billion.
As a result, CBO estimates that the cumulative shortfall at
the end of 2025 in the highway account of the Highway Trust
Fund under S. 2302 would be about $80 billion (see Table 4).
The bill would not affect revenues credited to the fund.
Consistent with the scoring conventions for all discretionary
programs, those estimates reflect the assumption that the pace
of spending under S. 2302 would not be affected by the
shortfall in the Highway Trust Fund.
TABLE 4.--ESTIMATED SPENDING FROM THE HIGHWAY ACCOUNT OF THE HIGHWAY TRUST FUND UNDER S. 2302
----------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
----------------------------------------------------------------------------
2020 2021 2022 2023 2024 2025 2020-2025
----------------------------------------------------------------------------------------------------------------
Start-of-Year Balance.............. 23,542 13,518 303 a a a a
Revenues and Interestb............. 37,739 37,282 36,955 36,762 36,650 36,560 221,949
Outlays............................ 46,763 49,498 53,357 55,391 56,560 57,941 319,510
End-of-Year Balancec............... 13,518 303 a a a a
Memorandum:
Shortfalla....................... n.a. n.a. -17,099 -19,629 -20,910 -22,381 -80,019
----------------------------------------------------------------------------------------------------------------
Components may not sum to totals because of rounding; n.a. = not applicable.
Outlays, revenues, and interest projections are relative to CBO's May 2019 baseline.
aUnder current law, the Highway Trust Fund cannot incur negative balances. However, following the rules in the
Balanced Budget and Emergency Deficit Control Act of 1985 for constructing the baseline, this estimate for
surface transportation spending incorporates the assumption that obligations presented to the Highway Trust
Fund will be paid in full. The memorandum to this table shows the shortfall of fund balances, assuming
spending amounts consistent with CBO's estimate for S. 2302 for the Federal-Aid Highway Program and CBO's May
2019 baseline for the National Highway Traffic Safety Administration and Federal Motor Carrier Safety
Administration programs that are part of the Highway Account of the Highway Trust Fund.
bSome of the taxes that are credited to the Highway Trust Fund are scheduled to expire on September 30, 2022,
including the taxes on tires and all but 4.3 cents of the federal tax on motor fuels. However, under the rules
in the Deficit Control Act for constructing the baseline, this estimate incorporates the assumption that all
of the expiring taxes credited to the fund will continue to be collected after fiscal year 2022.
cEnd-of-year balances reflect amounts transferred from the trust fund's highway account to its transit account--
in 2018, $1.6 billion. CBO estimates that those transfers will equal $1 billion annually over the 2020-2025
period.
Uncertainty
CBO's estimate of the number of states that would
participate in the proposed Balance Exchange for Infrastructure
program and the amounts those states would choose to exchange
is uncertain. The cost of the provision could differ from CBO's
estimate if the number of states was higher or lower than CBO
estimates, or if the amount of funds that participating states
exchanged were greater or less than CBO estimates.
Pay-as-you-go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. The net changes in outlays and revenues that are
subject to those pay-as-you-go procedures are shown in Table 5.
TABLE 5.--CBO'S ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS OF S. 2302, AS REPORTED BY THE SENATE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS ON
AUGUST 1, 2019
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
-----------------------------------------------------------------------------------------------------
2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2020-2024 2020-2029
--------------------------------------------------------------------------------------------------------------------------------------------------------
Net Increase In The Deficit
Pay-As-You-Go Effects............................. 0 140 272 200 111 68 66 52 36 38 723 983
Memorandum:
Changes in Outlays.............................. 0 140 270 195 100 50 40 20 0 0 705 815
Changes in Revenues............................. 0 0 -2 -5 -11 -18 -26 -32 -36 -38 -18 -168
--------------------------------------------------------------------------------------------------------------------------------------------------------
Increase in long-term deficits: CBO estimates that enacting
S. 2302 would not increase on-budget deficits by more than $5
billion in any of the four consecutive 10-year periods
beginning in 2030.
Mandates: None.
Previous CBO estimate: On May 6, 2019, CBO transmitted a
cost estimate for S. 383, the USE IT Act, as ordered reported
by the Senate Committee on Environment and Public Works on
April 10, 2019. Section 1406 of S. 2302 is similar to S. 383
and CBO's estimated cost of enacting those provisions is the
same.
On April 26, 2019 CBO released a cost estimate for S. 747,
the Diesel Emissions Reduction Act of 2019, as ordered reported
by the Senate Committee on Environment and Public Works on
April 10, 2019. Sec. 1408 of S. 2302 is similar to S. 747 and
CBO's estimated cost of enacting those provisions is the same.
Estimate prepared by: Federal costs: Stephen Rabent
(Environmental Protection Agency); Robert Reese (Department of
Transportation and other provisions). Federal revenues: Staff
of the Joint Committee on Taxation; Mandates: Brandon Lever.
Estimate reviewed by: Kim P. Cawley, Chief, Natural and
Physical Resources Cost Estimates Unit; H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis; 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:
* * * * * * *
TITLE 23, UNITED STATES CODE -- HIGHWAYS
* * * * * * *
Title 23, United States Code--Table of Sections
Title 23, United States Code--Table of Sections
SECTIONS OF TITLE 23
TITLE 23--HIGHWAYS
CHAPTER 1--FEDERAL-AID HIGHWAYS
Sec.
101. Definitions and declaration of policy.
* * * * * * *
105. [Additional deposits into Highway Trust Fund.]
* * * * * * *
123. Relocation of utility facilities.
124. Bridge investment program.
* * * * * * *
[139. Efficient environmental reviews for project decisionmaking.]
139. Efficient environmental reviews for project decisionmaking and
One Federal Decision.
* * * * * * *
170. Funding flexibility for transportation emergencies.
171. Balance exchanges for infrastructure program.
172. Formula safety incentive program.
173. Fatality reduction performance program.
174. Wildlife crossings pilot program.
175. Wildlife-vehicle collision reduction and habitat connectivity
improvement.
176. State human capital plans.
177. Formula carbon reduction incentive program.
178. Carbon reduction performance program.
179. Promoting Resilient Operations for Transformative, Efficient,
and Cost-saving Transportation (PROTECT) grant program.
* * * * * * *
CHAPTER 1--FEDERAL-AID HIGHWAYS
Sec. 101. Definitions and declaration of policy
(a) Definitions.--In this title, the following definitions
apply:
(1) Apportionment.--* * *
* * * * * * *
(4) Construction.--* * *
* * * * * * *
(A) preliminary engineering, engineering, and
design-related services directly relating to
the construction of a highway project,
including engineering, design, project
development and management, construction
project management and inspection, surveying,
assessing resilience, mapping (including the
establishment of temporary and permanent
geodetic control in accordance with
specifications of the National Oceanic and
Atmospheric Administration), and architectural-
related services;
* * * * * * *
(G) improvements that directly facilitate and
control traffic flow, such as grade separation
of intersections, widening of lanes,
channelization of traffic, traffic control
systems, and passenger loading and unloading
areas; [and]
(H) improvements that reduce the number of
wildlife-vehicle collisions, such as wildlife
crossing structures; and
[(H)] (I) capital improvements that directly
facilitate an effective vehicle weight
enforcement program, such as scales (fixed and
portable), scale pits, scale installation, and
scale houses.
* * * * * * *
(16) National Highway System.--The term ``National
Highway System'' means the Federal-aid highway system
described in section 103(b).
(17) Natural infrastructure.--The term `natural
infrastructure' means infrastructure that uses,
restores, or emulates natural ecological processes
and--
(A) is created through the action of natural
physical, geological, biological, and chemical
processes over time;
(B) is created by human design, engineering,
and construction to emulate or act in concert
with natural processes; or
(C) involves the use of plants, soils, and
other natural features, including through the
creation, restoration, or preservation of
vegetated areas using materials appropriate to
the region to manage stormwater and runoff, to
attenuate flooding and storm surges, and for
other related purposes.
[(17)] (18) Operating costs for traffic monitoring,
management, and control.--The term ``operating costs
for traffic monitoring, management, and control''
includes labor costs, administrative costs, costs of
utilities and rent, and other costs associated with the
continuous operation of traffic control, such as
integrated traffic control systems, incident management
programs, and traffic control centers.
[(18)] (19) Operational improvement.--The term
``operational improvement''--
(A) means (i) a capital improvement for
installation of traffic surveillance and
control equipment, computerized signal systems,
motorist information systems, integrated
traffic control systems, incident management
programs, and transportation demand management
facilities, strategies, and programs, and (ii)
such other capital improvements to public roads
as the Secretary may designate, by regulation;
and
(B) does not include resurfacing, restoring,
or rehabilitating improvements, construction of
additional lanes, interchanges, and grade
separations, and construction of a new facility
on a new location.
[(19)] (20) Project.--The term ``project'' means any
undertaking eligible for assistance under this title.
[(20)] (21) Project agreement.--The term ``project
agreement'' means the formal instrument to be executed
by the Secretary and the recipient as required by
section 106.
[(21)] (22) Public authority.--The term ``public
authority'' means a Federal, State, county, town, or
township, Indian tribe, municipal or other local
government or instrumentality with authority to
finance, build, operate, or maintain toll or toll-free
facilities.
[(22)] (23) Public road.--The term ``public road''
means any road or street under the jurisdiction of and
maintained by a public authority and open to public
travel.
(24) Resilience.--The term `resilience', with respect
to a project, means a project with the ability to
anticipate, prepare for, or adapt to conditions or
withstand, respond to, or recover rapidly from
disruptions, including the ability--
(A)(i) to resist hazards or withstand impacts
from weather events and natural disasters; or
(ii) to reduce the magnitude, duration, or
impact of a disruptive weather event or natural
disaster to a project; and
(B) to have the absorptive capacity, adaptive
capacity, and recoverability to decrease
project vulnerability to weather events or
other natural disasters.
[(23)] (25) Rural areas.--The term ``rural areas''
means all areas of a State not included in urban areas.
[(24)] (26) Safety improvement project.--The term
``safety improvement project'' means a strategy,
activity, or project on a public road that is
consistent with the State strategic highway safety plan
and corrects or improves a roadway feature that
constitutes a hazard to road users or addresses a
highway safety problem.
[(25)] (27) Secretary.--The term ``Secretary'' means
Secretary of Transportation.
[(26)] (28) State.--The term ``State'' means any of
the 50 States, the District of Columbia, or Puerto
Rico.
[(27)] (29) State funds.--The term ``State funds''
includes funds raised under the authority of the State
or any political or other subdivision thereof, and made
available for expenditure under the direct control of
the State transportation department.
[(28)] (30) State strategic highway safety plan.--The
term ``State strategic highway safety plan'' has the
same meaning given such term in section 148(a).
[(29)] (31) State transportation department.--The
term ``State transportation department'' means that
department, commission, board, or official of any State
charged by its laws with the responsibility for highway
construction.
[(30)] (32) Transportation systems management and
operations.--
(A) In general.--The term ``transportation
systems management and operations'' means
integrated strategies to optimize the
performance of existing infrastructure [through
the implementation] through--
(i) the implementation of multimodal
and intermodal, cross-jurisdictional
systems, services, and projects
designed to preserve capacity and
improve security, safety, and
reliability of the transportation
system[.] ; and
(ii) the consideration of
incorporating natural infrastructure.
* * * * * * *
[(31)] (33) Tribal transportation facility.--The term
``tribal transportation facility'' means a public
highway, road, bridge, trail, or transit system that is
located on or provides access to tribal land and
appears on the national tribal transportation facility
inventory described in section 202(b)(1).
[(32)] (34) Truck stop electrification system.--The
term ``truck stop electrification system'' means a
system that delivers heat, air conditioning,
electricity, or communications to a heavy-duty vehicle.
[(33)] (35) Urban area.--The term ``urban area''
means an urbanized area or, in the case of an urbanized
area encompassing more than one State, that part of the
urbanized area in each such State, or urban place as
designated by the Bureau of the Census having a
population of 5,000 or more and not within any
urbanized area, within boundaries to be fixed by
responsible State and local officials in cooperation
with each other, subject to approval by the Secretary.
Such boundaries shall encompass, at a minimum, the
entire urban place designated by the Bureau of the
Census, except in the case of cities in the State of
Maine and in the State of New Hampshire.
[(34)] (36) Urbanized area.--The term ``urbanized
area'' means an area with a population of 50,000 or
more designated by the Bureau of the Census, within
boundaries to be fixed by responsible State and local
officials in cooperation with each other, subject to
approval by the Secretary. Such boundaries shall
encompass, at a minimum, the entire urbanized area
within a State as designated by the Bureau of the
Census.
* * * * * * *
(b) Declaration of Policy.--
(1) Acceleration of construction of Federal-aid
highway systems.--Congress declares that it is in the
national interest to accelerate the construction of
Federal-aid highway systems, including the Dwight D.
Eisenhower National System of Interstate and Defense
Highways because many of the highways (or portions of
the highways) are inadequate to meet the needs of local
and interstate commerce for the national and civil
defense.
* * * * * * *
(3) Transportation needs of 21st Century.--Congress
declares that--
(A) * * *
* * * * * * *
(D) among the foremost needs that the surface
transportation system must meet to provide for
a strong and vigorous national economy are
safe, efficient, resilient, and reliable--
* * * * * * *
Sec. 102. Program efficiencies
(a) Access of Motorcycles.--No State or political subdivision
of a State may enact or enforce a law that applies only to
motorcycles and the principal purpose of which is to restrict
the access of motorcycles to any highway or portion of a
highway for which Federal-aid highway funds have been utilized
for planning, design, construction, or maintenance. [Nothing in
this subsection]
(b) Savings Provision.--Nothing in this section shall affect
the authority of a State or political subdivision of a State to
regulate motorcycles for safety.
[(b) Engineering Cost Reimbursement.--If on-site construction
of, or acquisition of right-of-way for, a highway project is
not commenced within 10 years (or such longer period as the
State requests and the Secretary determines to be reasonable)
after the date on which Federal funds are first made available,
out of the Highway Trust Fund (other than Mass Transit
Account), for preliminary engineering of such project, the
State shall pay an amount equal to the amount of Federal funds
reimbursed for the preliminary engineering. The Secretary shall
deposit in such Fund all amounts paid to the Secretary under
this section.]
* * * * * * *
Sec. 104. Apportionment
(a) Administrative Expenses.--
[(1) In general.--There is authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to be made available to the
Secretary for administrative expenses of the Federal
Highway Administration--
[(A) $453,000,000 for fiscal year 2016;
[(B) $459,795,000 for fiscal year 2017;
[(C) $466,691,925 for fiscal year 2018;
[(D) $473,692,304 for fiscal year 2019; and
[(E) $480,797,689 for fiscal year 2020.]
(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) $490,282,000 for fiscal year 2021;
(B) $499,768,000 for fiscal year 2022;
(C) $509,708,000 for fiscal year 2023;
(D) $520,084,000 for fiscal year 2024; and
(E) $530,459,000 for fiscal year 2025.
* * * * * * *
(b) Division Among Programs of State's Share of Base
Apportionment.--The Secretary shall distribute the amount of
the base apportionment apportioned to a State for a fiscal year
under subsection (c) among the national highway performance
program, the surface transportation block grant program, the
highway safety improvement program, the congestion mitigation
and air quality improvement program, the national highway
freight program, and to carry out section 134 as follows:
(1) National highway performance program.--* * *
* * * * * * *
(5) National highway freight program.--
(A) In general.--For the national highway
freight program under section 167, the
Secretary shall set aside from the base
apportionment determined for a State under
subsection (c) an amount determined for the
State under subparagraphs (B) and (C).
[(B) Total amount.--The total amount set
aside for the national highway freight program
for all States shall be--
[(i) $1,150,000,000 for fiscal year
2016;
[(ii) $1,100,000,000 for fiscal year
2017;
[(iii) $1,200,000,000 for fiscal year
2018;
[(iv) $1,350,000,000 for fiscal year
2019; and
[(v) $1,500,000,000 for fiscal year
2020.]
(B) Total amount.--The total amount set aside
for the national highway freight program for
all States shall be--
(i) $1,625,000,000 for fiscal year
2021;
(ii) $1,660,000,000 for fiscal year
2022;
(iii) $1,700,000,000 for fiscal year
2023;
(iv) $1,740,000,000 for fiscal year
2024; and
(v) $1,775,000,000 for fiscal year
2025.
* * * * * * *
(c) Calculation of Amounts.--
(1) State share.--For [each of fiscal years 2016
through 2020] fiscal year 2021 and each fiscal year
thereafter, the amount for each State shall be
determined as follows:
(A) Initial amounts.--The initial amounts for
each State shall be determined by multiplying--
(i) each of--
(I) the base apportionment;
(II) supplemental funds
reserved under subsection
(h)(1) for the national highway
performance program; and
(III) supplemental funds
reserved under subsection
(h)(2) for the surface
transportation block grant
program; by (ii) the share for
each State, which shall be
equal to the proportion that--
(I) the amount of
apportionments that the State
received for [fiscal year 2015]
fiscal year 2020; bears to
* * * * * * *
[(B) Adjustments to amounts.--The initial
amounts resulting from the calculation under
subparagraph (A) shall be adjusted to ensure
that each State receives an aggregate
apportionment equal to at least 95 percent of
the estimated tax payments attributable to
highway users in the State paid into the
Highway Trust Fund (other than the Mass Transit
Account) in the most recent fiscal year for
which data are available.]
(B) Guaranteed amounts.--The initial amounts
resulting from the calculation under
subparagraph (A) shall be adjusted to ensure
that each State receives an aggregate
apportionment that is--
(i) equal to at least 95 percent of
the estimated tax payments paid into
the Highway Trust Fund (other than the
Mass Transit Account) in the most
recent fiscal year for which data are
available that are--
(I) attributable to highway
users in the State; and
(II) associated with taxes in
effect on July 1, 2019, and
only up to the rate those taxes
were in effect on that date;
(ii) at least 2 percent greater than
the apportionment that the State
received for fiscal year 2020; and
(iii) at least 1 percent greater than
the apportionment that the State
received for the previous fiscal year.
(2) State apportionment.--On October 1 of [fiscal
years 2016 through 2020,] fiscal year 2021 and each
fiscal year thereafter the Secretary shall apportion
the sums authorized to be appropriated for expenditure
on the national highway performance program under
section 119, the surface transportation block grant
program under section 133, the highway safety
improvement program under section 148, the congestion
mitigation and air quality improvement program under
section 149, the national highway freight program under
section 167, and to carry out section 134 in accordance
with paragraph (1).
* * * * * * *
(f) Transfer of Highway and Transit Funds.--
(1) Transfer of highway funds for transit projects.--
* * *
* * * * * * *
(3) Transfer of funds among States or to [Federal
highway administration] an operating administration of
the department of transportation.--
(A) In general.--Subject to subparagraph (B),
the Secretary may, at the request of a State,
transfer amounts apportioned or allocated under
this title to the State to another State, or to
[the Federal Highway Administration] an
operating administration of the Department of
Transportation, for the purpose of funding 1 or
more projects that are eligible for assistance
with amounts so apportioned or allocated.
* * * * * * *
(h) Supplemental Funds.--
(1) Supplemental funds for national highway
performance program.--
[(A) Amount.--Before making an apportionment
for a fiscal year under subsection (c), the
Secretary shall reserve for the national
highway performance program under section 119
for that fiscal year an amount equal to--
[(i) $53,596,122 for fiscal year
2019; and
[(ii) $66,717,816 for fiscal year
2020.]
(A) Amount.--Before making an apportionment
for a fiscal year under subsection (c), the
Secretary shall reserve for the national
highway performance program under section 119
for that fiscal year an amount equal to--
(i) $1,160,000,000 for fiscal year
2021;
(ii) $1,184,000,000 for fiscal year
2022;
(iii) $1,208,000,000 for fiscal year
2023;
(iv) $1,233,000,000 for fiscal year
2024; and
(v) $1,259,000,000 for fiscal year
2025.
* * * * * * *
(2) Supplemental funds for surface transportation
block grant program.--
[(A) Amount.--Before making an apportionment
for a fiscal year under subsection (c), the
Secretary shall reserve for the surface
transportation block grant program under
section 133 for that fiscal year an amount
equal to--
[(i) $835,000,000 for each of fiscal
years 2016 and 2017 pursuant to section
133(h), plus--
[(I) $55,426,310 for fiscal
year 2016; and
[(II) $89,289,904 for fiscal
year 2017; and
[(ii) $850,000,000 for each of fiscal
years 2018 through 2020 pursuant to
section 133(h), plus--
[(I) $118,013,536 for fiscal
year 2018;
[(II) $130,688,367 for fiscal
year 2019; and
[(III) $170,053,448 for
fiscal year 2020.]
(A) Amount.--Before making an apportionment
for a fiscal year under subsection (c), the
Secretary shall reserve for the surface
transportation block grant program under
section 133 for that fiscal year, pursuant to
section 133(h)--
(i) $1,200,000,000 for fiscal year
2021;
(ii) $1,224,000,000 for fiscal year
2022;
(iii) $1,248,000,000 for fiscal year
2023;
(iv) $1,273,000,000 for fiscal year
2024; and
(v) $1,299,000,000 for fiscal year
2025.
* * * * * * *
Sec. 106. Project approval and oversight
(a) In General.-- * * *
* * * * * * *
(g) Oversight Program.--
(1) Establishment.-- * * *
* * * * * * *
(3) Project delivery.--[The Secretary]
(A) In general.--The Secretary; shall perform
[annual] reviews that address elements of the
project delivery system of a State, which
elements include one or more activities that
are involved in the life cycle of a project
from conception to completion of the project.
(B) Frequency.--
(i) In general.--Except as provided
in clauses (ii) and (iii), the
Secretary shall carry out a review
under subparagraph (A) not less
frequently than once every 2 years.
(ii) Consultation with state.--The
Secretary, after consultation with a
State, may make a determination to
carry out a review under subparagraph
(A) for that State less frequently than
provided under clause (i).
(iii) Cause.--If the Secretary
determines that there is a specific
reason to require a review more
frequently than provided under clause
(i) with respect to a State, the
Secretary may carry out a review more
frequently than provided under that
clause.
* * * * * * *
(h) Major Projects.--
(1) In general.-- * * *
* * * * * * *
(3) Financial plan.--A financial plan--
(A) * * *
* * * * * * *
(C) may include a phasing plan that
identifies fundable incremental improvements or
phases that will address the purpose and the
need of the project in the short term in the
event there are insufficient financial
resources to complete the entire project. If a
phasing plan is adopted for a project pursuant
to this section, the project shall be deemed to
satisfy the fiscal constraint requirements in
the statewide and metropolitan planning
requirements in sections 134 and 135; [and]
(D) for a project in which the project
sponsor intends to carry out the project
through a public-private partnership agreement,
shall include a detailed value for money
analysis or similar comparative analysis for
the project; and
[(D)] (E) shall assess the appropriateness of
a public-private partnership to deliver the
project.
(i) Other Projects.-- * * *
* * * * * * *
Sec. 108. Advance acquisition of real property
(a) In General.--
(1) Availability of funds.-- * * *
* * * * * * *
(c) State-funded Early Acquisition of Real Property
Interests.--
(1) In general.-- * * *
* * * * * * *
(3) Terms and conditions.--The Federal share payable
of the costs described in paragraph (2) shall be
eligible for reimbursement out of funds apportioned to
a State under this title when the real property
interests acquired are incorporated into a project
eligible for surface transportation block grant program
funds, if the State demonstrates to the Secretary and
the Secretary finds that--
(A) * * *
* * * * * * *
(F) before the time that the cost incurred by
a State is approved for Federal participation,
environmental compliance pursuant to the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) has been completed for the
project for which the real property interest
was acquired by the State, and the acquisition
has been approved by the Secretary under [this
Act] this title, and in compliance with section
303 of title 49, section 7 of the Endangered
Species Act, and all other applicable
environmental laws shall be identified by the
Secretary in regulations; and
* * * * * * *
Sec. 109. Standards
(a) In General.-- * * *
* * * * * * *
(c) Design Criteria for National Highway System.--
(1) In general.-- * * *
* * * * * * *
(A) the constructed and natural environment
of the area;
* * * * * * *
(2) Development of criteria.-- * * *
* * * * * * *
(E) the publication entitled `Urban Street
Design Guide' of the National Association of
City Transportation Officials; [and]
(F) the publication of the Federal Highway
Administration entitled `Wildlife Crossing
Structure Handbook: Design and Evaluation in
North America' and dated March 2011; and
[(F)] (G) any other material that the
Secretary determines to be appropriate.
(d) On any highway project in which Federal funds hereafter
participate, or on any such project constructed since December
20, 1944, the location, form and character of informational,
regulatory and warning signs, curb and pavement or other
markings, and traffic signals installed or placed by any public
authority or other agency, shall be subject to the approval of
the State transportation department with the concurrence of the
Secretary, who is directed to concur only in such installations
as will promote the safe and efficient utilization of the
highways.
* * * * * * *
Sec. 112. Letting of contracts
(a) In all cases where the construction is to be performed by
the State transportation department or under its supervision, a
request for submission of bids shall be made by advertisement
unless some other method is approved by the Secretary. The
Secretary shall require such plans and specifications and such
methods of bidding as shall be effective in securing
competition.
(b) Bidding Requirements.--
(1) In general.--* * *
* * * * * * *
(2) Contracting for engineering and design
services.--
(A) General rule.--* * *
* * * * * * *
[(F)(F)bparagraphs] (F) Exclusion.--
Subparagraphs (B), (C), (D) and (E) herein
shall not apply to the States of West Virginia
or Minnesota.
* * * * * * *
Sec. 115. Advance construction
(a) In General.--* * *
* * * * * * *
(c) Inclusion in Transportation Improvement Program.--The
Secretary may approve an application for a project under this
section only if the project is included in the transportation
improvement program of the State developed under [section
135(f)] section 135(g).
* * * * * * *
Sec. 117. Nationally significant freight and highway projects
(a) Establishment.--
(1) In general.--There is established a nationally
significant freight and highway projects program to
provide financial assistance for projects of national
or regional significance.
(2) Goals.--The goals of the program shall be to--
(A) improve the safety, efficiency, and
reliability of the movement of freight and
people in and across rural and urban areas;
* * * * * * *
(F) improve roadways vital to national energy
security, including highways that support
movement of energy equipment; and
* * * * * * *
(b) Grant Authority.--
(1) In general.--In carrying out the program
established in subsection (a), the Secretary may make
grants, on a competitive basis, in accordance with this
section.
(2) Grant amount.--* * *
* * * * * * *
(3) Grant administration.--The Secretary may--
(A) retain not more than a total of 2 percent
of the funds made available to carry out this
section for the National Surface Transportation
and Innovative Finance Bureau to review
applications for grants under this section; and
(B) transfer portions of the funds retained
under subparagraph (A) to the relevant
Administrators to fund the award and oversight
of grants provided under this section.
* * * * * * *
(d) Eligible Projects.--
(1) In general.--Except as provided in subsection
(e), the Secretary may make a grant under this section
only for a project that--
(A) is--
(i).--* * *
* * * * * * *
(iii) a freight project that is--
(I) a freight intermodal or
freight rail project; or
(II) within the boundaries of
a public or private freight
rail, water (including ports),
or intermodal facility and that
is a surface transportation
infrastructure project
necessary to facilitate direct
intermodal interchange,
transfer, or access into or out
of the facility; [or]
(iv) a railway-highway grade crossing
or grade separation project; [and]
* * * * * * *
(v) a wildlife crossing project;
(vi) a surface transportation
infrastructure project that--
(I) is located within the
boundaries of or functionally
connected to an international
border crossing area in the
United States;
(II) improves a
transportation facility owned
by a Federal, State, or local
government entity; and
(III) increases throughput
efficiency of the border
crossing described in subclause
(I), including--
(aa) a project to add
lanes;
(bb) a project to add
technology; and
(cc) other surface
transportation
improvements; or
(vii) a project for a marine highway
corridor designated by the Secretary
under section 55601(c) of title 46
(including an inland waterway
corridor), if the Secretary determines
that the project--
(I) is functionally connected
to the National Highway Freight
Network; and
(II) is likely to reduce on-
road mobile source emissions;
and
(2) Limitation.--
(A) In general.--Not more than [$500,000,000]
30 percent of the amounts made available for
grants under this section for fiscal years
[2016 through 2020, in the aggregate,] each of
fiscal years 2021 through 2025 may be used to
make grants for projects described in paragraph
(1)(A)(iii) and such a project may only receive
a grant under this section if--
* * * * * * *
(3) Critical rural state interstate projects.--
(A) Requirement.--Not less than $500,000,000
of the amounts made available for grants under
this section for fiscal years 2021 through
2025, in the aggregate, shall be used to make
grants for Interstate interchange projects
between 2 routes on the Interstate System
that--
(i) are located in a State--
(I) with a population density
of not more than 80 persons per
square mile of land area, based
on the 2010 census; and
(II) that has 3 or fewer
Interstate interchanges between
2 routes on the Interstate
System; and
(ii) are projects that--
(I) address a freight system
need identified in a State
freight plan under section
70202 of title 49 (referred to
in this paragraph as a `State
freight plan');
(II) address a freight
mobility issue identified in a
State freight plan; or
(III) are identified in a
State freight plan.
(B) Inclusion in state freight plan.--A
project described in subparagraph (A)(ii)(III)
may include a project listed in the freight
investment plan required under section
70202(b)(9) of title 49.
(C) Unutilized amounts.--If, in fiscal year
2025, the Secretary determines that grants
under this paragraph will not allow for the
amount reserved under subparagraph (A) to be
fully utilized, the Secretary shall use the
unutilized amounts to make other grants under
this section during that fiscal year.
(4) Critical urban state projects.--
(A) Requirement.--Not less than $500,000,000
of the amounts made available for grants under
this section for fiscal years 2021 through
2025, in the aggregate, shall be used to make
grants to eligible projects that are located in
a State with a population density of not less
than 400 persons per square mile of land area,
based on the 2010 census.
(B) Inclusion in state freight plan.--A
project described in subparagraph (A) may
include a project listed in the freight
investment plan required under section
70202(b)(9) of title 49.
(C) Unutilized amounts.--If, in fiscal year
2025, the Secretary determines that grants
under this paragraph will not allow for the
amount reserved under subparagraph (A) to be
fully utilized, the Secretary shall use the
unutilized amounts to make other grants under
this section during that fiscal year.
* * * * * * *
(e) Small Projects.--
(1) In general.--The Secretary shall reserve [10
percent] not less than 15 percent of the amounts made
available for grants under this section each fiscal
year to make grants for projects described in
subsection (d)(1)(A) that do not satisfy the minimum
threshold under subsection (d)(1)(B).
(2) Grant amount.--Each grant made under this
subsection shall be in an amount that is at least
$5,000,000.
(3) Project selection considerations.--In addition to
other applicable requirements, in making grants under
this subsection the Secretary shall consider--
(A) the cost effectiveness of the proposed
project; [and]
(B) the effect of the proposed project on
mobility in the State and region in which the
project is carried out[.] ; and
(C) the effect of the proposed project on
safety on freight corridors with significant
hazards, such as high winds, heavy snowfall,
flooding, rockslides, mudslides, wildfire,
wildlife crossing onto the roadway, or steep
grades.
(4) Requirement.--Of the amounts reserved under
paragraph (1), not less than 30 percent shall be used
for projects in rural areas (as defined in subsection
(i)(3)).
* * * * * * *
(h) Additional Considerations.--In making a grant under this
section, the Secretary shall consider--
(1) utilization of nontraditional financing,
innovative design and construction techniques, or
innovative technologies;
(2) utilization of non-Federal contributions; [and]
(3) contributions to geographic diversity among grant
recipients, including the need for a balance between
the needs of rural and urban communities[.]; and
(4) enhancement of freight resilience to natural
hazards or disasters, including high winds, heavy
snowfall, flooding, rockslides, mudslides, wildfire,
wildlife crossing onto the roadway, or steep grades.
(i) Rural Areas.--
(1) In general.--* * *
* * * * * * *
(2) Excess funding.--In any fiscal year in which
qualified applications for grants under this subsection
will not allow for the amount reserved under paragraph
(1) to be fully utilized, the Secretary shall use the
unutilized amounts to make [other grants under this
section] grants under subsection (e).
* * * * * * *
[(j) Federal Share.--
(1) In general.--The Federal share]
(j) Federal Assistance.--
(1) Federal share.--
(A) In general.--Except as provided in
subparagraph (B) or for a grant under
subsection (q), the Federal share of the cost
of a project assisted with a grant under this
section may not exceed 60 percent.
(B) Small projects.--In the case of a project
described in subsection (e)(1), the Federal
share of the cost of the project shall be 80
percent.
(2) Maximum Federal involvement.--[Federal assistance
other] Except for grants under subsection (q), Federal
assistance other than a grant under this section may be
used to satisfy the non-Federal share of the cost of a
project for which such a grant is made, [except that
the total Federal] except that--
(A) for a State with a population density of
not more than 80 persons per square mile of
land area, based on the 2010 census, the
maximum share of the total Federal assistance
provided for a project receiving a grant under
this section shall be the applicable share
under section 120(b); and
(B) for a State not described in subparagraph
(A), the total Federal assistance provided for
a project receiving a grant under this section
may not exceed 80 percent of the total project
cost.
* * * * * * *
(k) Efficient Use of Non-federal Funds.--
(1) In general.--Notwithstanding any other provision
of law and subject to approval by the Secretary under
paragraph (2)(B), in the case of any grant for a
project under this section, during the period beginning
on the date on which the grant recipient is selected
and ending on the date on which the grant agreement is
signed--
(A) the grant recipient may obligate and
expend non-Federal funds with respect to the
project for which the grant is provided; and
(B) any non-Federal funds obligated or
expended in accordance with subparagraph (A)
shall be credited toward the non-Federal cost
share for the project for which the grant is
provided.
(2) Requirements.--
(A) Application.--In order to obligate and
expend non-Federal funds under paragraph (1),
the grant recipient shall submit to the
Secretary a request to obligate and expend non-
Federal funds under that paragraph, including--
(i) a description of the activities
the grant recipient intends to fund;
(ii) a justification for advancing
the activities described in clause (i),
including an assessment of the effects
to the project scope, schedule, and
budget if the request is not approved;
and
(iii) the level of risk of the
activities described in clause (i).
(B) Approval.--The Secretary shall approve or
disapprove each request submitted under
subparagraph (A).
(C) Compliance with applicable
requirements.--Any non-Federal funds obligated
or expended under paragraph (1) shall comply
with all applicable requirements, including any
requirements included in the grant agreement.
(3) Effect.--The obligation or expenditure of any
non-Federal funds in accordance with this subsection
shall not--
(A) affect the signing of a grant agreement
or other applicable grant procedures with
respect to the applicable grant;
(B) create an obligation on the part of the
Federal Government to repay any non-Federal
funds if the grant agreement is not signed; or
(C) affect the ability of recipient of the
grant to obligate or expend non-Federal funds
to meet the non-Federal cost share for the
project for which the grant is provided after
the period described in paragraph (1).
[(k)] (l) Treatment of Freight Projects.-- * * *
* * * * * * *
[(l)] (m) TIFIA Program.-- * * *
* * * * * * *
[(m)] (n) Congressional Notification.--
(1) Notification.-- * * *
* * * * * * *
(o) Applicant Notification.--
(1) In general.--Not later than 60 days after the
date on which a grant recipient for a project under
this section is selected, the Secretary shall provide
to each eligible applicant not selected for that grant
a written notification that the eligible applicant was
not selected.
(2) Inclusion.--A written notification under
paragraph (1) shall include an offer for a written or
telephonic debrief by the Secretary that will provide--
(A) detail on the evaluation of the
application of the eligible applicant; and
(B) an explanation of and guidance on the
reasons the application was not selected for a
grant under this section.
(3) Response.--
(A) In general.--Not later than 30 days after
the eligible applicant receives a written
notification under paragraph (1), if the
eligible applicant opts to receive a debrief
described in paragraph (2), the eligible
applicant shall notify the Secretary that the
eligible applicant is requesting a debrief.
(B) Debrief.--If the eligible applicant
submits a request for a debrief under
subparagraph (A), the Secretary shall provide
the debrief by not later than 60 days after the
date on which the Secretary receives the
request for a debrief.
[(n)] (p) Reports.--
[(1) Annual report.--The Secretary shall make
available on the Web site of the Department of
Transportation at the end of each fiscal year an annual
report that lists each project for which a grant has
been provided under this section during that fiscal
year.
[(2) Comptroller General.--
[(A) Assessment.--The Comptroller General of
the United States shall conduct an assessment
of the administrative establishment,
solicitation, selection, and justification
process with respect to the funding of grants
under this section.
[(B) Report.--Not later than 1 year after the
initial awarding of grants under this section,
the Comptroller General shall submit to the
Committee on Environment and Public Works of
the Senate, the Committee on Commerce, Science,
and Transportation of the Senate, and the
Committee on Transportation and Infrastructure
of the House of Representatives a report that
describes--
[(i) the adequacy and fairness of the
process by which each project was
selected, if applicable; and
[(ii) the justification and criteria
used for the selection of each project,
if applicable.]
(p) Reports.--
(1) Annual report.--
(A) In general.--Notwithstanding any other
provision of law, not later than 30 days after
the date on which the Secretary selects a
project for funding under this section, the
Secretary shall submit to the Committee on
Environment and Public Works of the Senate and
the Committee on Transportation and
Infrastructure of the House of Representatives
a report that describes the reasons for
selecting the project, based on any criteria
established by the Secretary in accordance with
this section.
(B) Inclusions.--The report submitted under
subparagraph (A) shall specify each criterion
established by the Secretary that the project
meets.
(C) Availability.--The Secretary shall make
available on the website of the Department of
Transportation the report submitted under
subparagraph (A).
(D) Applicability.--This paragraph applies to
all projects described in subparagraph (A) that
the Secretary selects on or after January 1,
2019.
(2) Comptroller general.--
(A) Assessment.--The Comptroller General of
the United States shall conduct an assessment
of the establishment, solicitation, selection,
and justification process with respect to the
funding of projects under this section.
(B) Report.--Not later than 1 year after the
date of enactment of the America's
Transportation Infrastructure Act of 2019 and
annually thereafter, the Comptroller General of
the United States shall submit to the Committee
on Environment and Public Works of the Senate
and the Committee on Transportation and
Infrastructure of the House of Representatives
a report that describes, for each project
selected to receive funding under this
section--
(i) the process by which each project
was selected;
(ii) the factors that went into the
selection of each project; and
(iii) the justification for the
selection of each project based on any
criteria established by the Secretary
in accordance with this section.
(3) Inspector general.--Not later than 1 year after
the date of enactment of the America's Transportation
Infrastructure Act of 2019 and annually thereafter, the
Inspector General of the Department of Transportation
shall--
(A) conduct an assessment of the
establishment, solicitation, selection, and
justification process with respect to the
funding of projects under this section; and
(B) submit to the Committee on Environment
and Public Works of the Senate and the
Committee on Transportation and Infrastructure
of the House of Representatives a final report
that describes the findings of the Inspector
General of the Department of Transportation
with respect to the assessment conducted under
subparagraph (A).
(q) State Incentives Pilot Program.--
(1) Establishment.--There is established a pilot
program to award grants to eligible applicants for
projects eligible for grants under this section
(referred to in this subsection as the `pilot
program').
(2) Priority.--In awarding grants under the pilot
program, the Secretary shall give priority to an
application that offers a greater non-Federal share of
the cost of a project relative to other applications
under the pilot program.
(3) Federal share.--
(A) In general.--Notwithstanding any other
provision of law, the Federal share of the cost
of a project assisted with a grant under the
pilot program may not exceed 50 percent.
(B) No federal involvement.--
(i) In general.--For grants awarded
under the pilot program, except as
provided in clause (ii), an eligible
applicant may not use Federal
assistance to satisfy the non-Federal
share of the cost under subparagraph
(A).
(ii) Exception.--An eligible
applicant may use funds from a secured
loan (as defined in section 601(a)) to
satisfy the non-Federal share of the
cost under subparagraph (A) if the loan
is repayable from non-Federal funds.
(4) Reservation.--
(A) In general.--Of the amounts made
available to provide grants under this section,
the Secretary shall reserve for each fiscal
year $150,000,000 to provide grants under the
pilot program.
(B) Unutilized amounts.--In any fiscal year
during which applications under this subsection
are insufficient to effect an award or
allocation of the entire amount reserved under
subparagraph (A), the Secretary shall use the
unutilized amounts to provide other grants
under this section.
(5) Set-asides.--
(A) Small projects.--
(i) In general.--Of the amounts
reserved under paragraph (4)(A), the
Secretary shall reserve for each fiscal
year not less than 10 percent for
projects eligible for a grant under
subsection (e).
(ii) Requirement.--For a grant
awarded from the amount reserved under
clause (i)--
(I) the requirements of
subsection (e) shall apply; and
(II) the requirements of
subsection (g) shall not apply.
(B) Rural projects.--
(i) In general.--Of the amounts
reserved under paragraph (4)(A), the
Secretary shall reserve for each fiscal
year not less than 25 percent for
projects eligible for a grant under
subsection (i).
(ii) Requirement.--For a grant
awarded from the amount reserved under
clause (i), the requirements of
subsection (i) shall apply.
(6) Report to congress.--Not later than 2 years after
the date of enactment of this subsection, the Secretary
shall submit to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a
report that describes the administration of the pilot
program, including--
(A) the number, types, and locations of
eligible applicants that have applied for
grants under the pilot program;
(B) the number, types, and locations of grant
recipients under the pilot program;
(C) an assessment of whether implementation
of the pilot program has incentivized eligible
applicants to offer a greater non-Federal share
for grants under the pilot program; and
(D) any recommendations for modifications to
the pilot program.
* * * * * * *
Sec. 119. National highway performance program
(a) Establishment.--The Secretary shall establish and
implement a national highway performance program under this
section.
(b) Purposes.--The purposes of the national highway
performance program shall be--
(1) to provide support for the condition and
performance of the National Highway System;
(2) to provide support for the construction of new
facilities on the National Highway System; [and]
* * * * * * *
(3) to ensure that investments of Federal-aid funds
in highway construction are directed to support
progress toward the achievement of performance targets
established in an asset management plan of a State for
the National Highway System[.] ; and
(4) to provide support for measures to increase the
resiliency of Federal-aid highways and bridges on and
off the National Highway System to mitigate the impacts
of sea level rise, extreme weather events, flooding, or
other natural disasters.
* * * * * * *
(f) Interstate System and NHS Bridge Conditions.--
(1) Condition of interstate system.-- * * *
* * * * * * *
(2) Condition of NHS bridges.--
(A) Penalty.--If the Secretary determines
that, for the 3-year-period preceding the date
of the determination, more than 10 percent of
the total deck area of bridges in the State on
the National Highway System is located on
bridges that have been classified as
[structurally deficient] in poor condition, an
amount equal to 50 percent of funds apportioned
to such State for fiscal year 2009 to carry out
section 144 (as in effect the day before
enactment of MAP-21) shall be set aside from
amounts apportioned to a State for a fiscal
year under section 104(b)(1) only for eligible
projects on bridges on the National Highway
System.
(B) Restoration.--The set-aside requirement
for bridges on the National Highway System in a
State under subparagraph (A) for a fiscal year
shall remain in effect for each subsequent
fiscal year until such time as less than 10
percent of the total deck area of bridges in
the State on the National Highway System is
located on bridges that have been classified as
[structurally deficient] in poor condition, as
determined by the Secretary.
* * * * * * *
(j) Critical Infrastructure.--
(1) Critical infrastructure defined.-- * * *
* * * * * * *
(k) Protective Features.--
(1) In general.--A State may use not more than 15
percent of the funds apportioned to the State under
section 104(b)(1) for each fiscal year for 1 or more
protective features on a Federal-aid highway or bridge
off the National Highway System, if the protective
feature is designed to mitigate the risk of recurring
damage, or the cost of future repairs, from extreme
weather events, flooding, or other natural disasters.
(2) Protective features described.--A protective
feature referred to in paragraph (1) may include--
(A) raising roadway grades;
(B) relocating roadways in a base floodplain
to higher ground above projected flood
elevation levels or away from slide prone
areas;
(C) stabilizing slide areas;
(D) stabilizing slopes;
(E) installing riprap;
(F) lengthening or raising bridges to
increase waterway openings;
(G) deepening channels to prevent flooding;
(H) increasing the size or number of drainage
structures;
(I) replacing culverts with bridges or
upsizing culverts;
(J) repairing or maintaining tide gates;
(K) installing seismic retrofits on bridges;
(L) adding scour protection at bridges;
(M) adding scour, stream stability, coastal,
or other hydraulic countermeasures, including
spur dikes;
(N) the use of natural infrastructure to
mitigate the risk of recurring damage or the
cost of future repair from extreme weather
events, flooding, or other natural disasters;
and
(O) any other features that mitigate the risk
of recurring damage or the cost of future
repair as a result of extreme weather events,
flooding, or other natural disasters, as
determined by the Secretary.
(3) Savings provision.--Nothing in this subsection
limits the ability of a State to carry out a project
otherwise eligible under subsection (d) using funds
apportioned under section 104(b)(1).
* * * * * * *
Sec. 120. Federal share payable
(a) Interstate System Projects.-- * * *
* * * * * * *
(c) Increased Federal Share.--
(1) Certain safety projects.-- * * *
* * * * * * *
(4) Protective features.--
(A) In general.--Notwithstanding any other
provision of law, the Federal share payable for
the cost of a protective feature on a Federal-
aid highway or bridge project under this title
may be up to 100 percent, at the discretion of
the State, if the protective feature is an
improvement designed to mitigate the risk of
recurring damage, or the cost of future repair,
from extreme weather events, flooding, or other
natural disasters.
(B) Protective features described.--A
protective feature referred to in subparagraph
(A) may include--
(i) raising roadway grades;
(ii) relocating roadways in a base
floodplain to higher ground above
projected flood elevation levels or
away from slide prone areas;
(iii) stabilizing slide areas;
(iv) stabilizing slopes;
(v) installing riprap;
(vi) lengthening or raising bridges
to increase waterway openings;
(vii) deepening channels to prevent
flooding;
(viii) increasing the size or number
of drainage structures;
(ix) replacing culverts with bridges
or upsizing culverts;
(x) repairing or maintaining tide
gates;
(xi) installing seismic retrofits on
bridges;
(xii) adding scour protection at
bridges;
(xiii) adding scour, stream
stability, coastal, and other hydraulic
countermeasures, including spur dikes;
(xiv) the use of natural
infrastructure to mitigate the risk of
recurring damage or the cost of future
repair from extreme weather events,
flooding, or other natural disasters;
and
(xv) any other features that mitigate
the risk of recurring damage or the
cost of future repair as a result of
extreme weather events, flooding, or
other natural disasters, as determined
by the Secretary.
* * * * * * *
Sec. 123. Relocation of utility facilities
(a) * * *
* * * * * * *
Sec. 124. Bridge investment program
(a) Definitions.--In this section:
(1) Eligible project.--
(A) In general.--The term `eligible project'
means a project to replace, rehabilitate,
preserve, or protect 1 or more bridges on the
National Bridge Inventory under section 144(b).
(B) Inclusions.--The term `eligible project'
includes--
(i) a bundle of projects described in
subparagraph (A), regardless of whether
the bundle of projects meets the
requirements of section 144(j)(5); and
(ii) a project to replace or
rehabilitate culverts for the purpose
of improving flood control and improved
habitat connectivity for aquatic
species.
(2) Large project.--The term `large project' means an
eligible project with total eligible project costs of
greater than $100,000,000.
(3) Program.--The term `program' means the bridge
investment program established by subsection (b)(1).
(b) Establishment of Bridge Investment Program.--
(1) In general.--There is established a bridge
investment program to provide financial assistance for
eligible projects under this section.
(2) Goals.--The goals of the program shall be--
(A) to improve the safety, efficiency, and
reliability of the movement of people and
freight over bridges;
(B) to improve the condition of bridges in
the United States by reducing--
(i) the number of bridges--
(I) in poor condition; or
(II) in fair condition and at
risk of falling into poor
condition within the next 3
years;
(ii) the total person miles traveled
over bridges--
(I) in poor condition; or
(II) in fair condition and at
risk of falling into poor
condition within the next 3
years;
(iii) the number of bridges that--
(I) do not meet current
geometric design standards; or
(II) cannot meet the load and
traffic requirements typical of
the regional transportation
network; and
(iv) the total person miles traveled
over bridges that--
(I) do not meet current
geometric design standards; or
(II) cannot meet the load and
traffic requirements typical of
the regional transportation
network; and
(C) to provide financial assistance that
leverages and encourages non-Federal
contributions from sponsors and stakeholders
involved in the planning, design, and
construction of eligible projects.
(c) Grant Authority.--
(1) In general.--In carrying out the program, the
Secretary may award grants, on a competitive basis, in
accordance with this section.
(2) Grant amounts.--Except as otherwise provided, a
grant under the program shall be--
(A) in the case of a large project, in an
amount that is--
(i) adequate to fully fund the
project (in combination with other
financial resources identified in the
application); and
(ii) not less than $50,000,000; and
(B) in the case of any other eligible
project, in an amount that is--
(i) adequate to fully fund the
project (in combination with other
financial resources identified in the
application); and
(ii) not less than $2,500,000.
(3) Maximum amount.--Except as otherwise provided,
for an eligible project receiving assistance under the
program, the amount of assistance provided by the
Secretary under this section, as a share of eligible
project costs, shall be--
(A) in the case of a large project, not more
than 50 percent; and
(B) in the case of any other eligible
project, not more than 80 percent.
(4) Federal share.--
(A) Maximum federal involvement.--Federal
assistance other than a grant under the program
may be used to satisfy the non-Federal share of
the cost of a project for which a grant is
made, except that the total Federal assistance
provided for a project receiving a grant under
the program may not exceed the Federal share
for the project under section 120.
(B) Off-system bridges.--In the case of an
eligible project for an off-system bridge (as
defined in section 133(f)(1))--
(i) Federal assistance other than a
grant under the program may be used to
satisfy the non-Federal share of the
cost of a project; and
(ii) notwithstanding subparagraph
(A), the total Federal assistance
provided for the project shall not
exceed 90 percent of the total eligible
project costs.
(C) Federal land management agencies and
tribal governments.--Notwithstanding any other
provision of law, Federal funds other than
Federal funds made available under this section
may be used to pay the remaining share of the
cost of a project under the program by a
Federal land management agency or a Tribal
government or consortium of Tribal governments.
(5) Considerations.--
(A) In general.--In awarding grants under the
program, the Secretary shall consider--
(i) in the case of a large project,
the ratings assigned under subsection
(g)(5)(A);
(ii) in the case of an eligible
project other than a large project, the
quality rating assigned under
subsection (f)(3)(A)(ii);
(iii) the average daily person and
freight throughput supported by the
eligible project;
(iv) the number and percentage of
bridges within the same State as the
eligible project that are in poor
condition;
(v) the extent to which the eligible
project demonstrates cost savings by
bundling multiple bridge projects;
(vi) in the case of an eligible
project of a Federal land management
agency, the extent to which the grant
would reduce a Federal liability or
Federal infrastructure maintenance
backlog;
(vii) geographic diversity among
grant recipients, including the need
for a balance between the needs of
rural and urban communities; and
(viii) the extent to which a bridge
that would be assisted with a grant--
(I) is, without that
assistance--
(aa) at risk of
falling into or
remaining in poor
condition; or
(bb) in fair
condition and at risk
of falling into poor
condition within the
next 3 years;
(II) does not meet current
geometric design standards
based on--
(aa) the current use
of the bridge; or
(bb) load and traffic
requirements typical of
the regional corridor
or local network in
which the bridge is
located; or
(III) does not meet current
seismic design standards.
(B) Requirement.--The Secretary shall--
(i) give priority to an application
for an eligible project that is located
within a State for which--
(I) 2 or more applications
for eligible projects within
the State were submitted for
the current fiscal year and an
average of 2 or more
applications for eligible
projects within the State were
submitted in prior fiscal years
of the program; and
(II) fewer than 2 grants have
been awarded for eligible
projects within the State under
the program;
(ii) during the period of fiscal
years 2021 through 2025, for each State
described in clause (i), select--
(I) not fewer than 1 large
project that the Secretary
determines is justified under
the evaluation under subsection
(g)(4); or
(II) 2 eligible projects that
are not large projects that the
Secretary determines are
justified under the evaluation
under subsection (f)(3); and
(iii) not be required to award a
grant for an eligible project that the
Secretary does not determine is
justified under an evaluation under
subsection (f)(3) or (g)(4).
(6) Culvert limitation.--Not more than 5 percent of
the amounts made available for each fiscal year for
grants under the program may be used for eligible
projects that consist solely of culvert replacement or
rehabilitation.
(d) Eligible Entity.--The Secretary may make a grant under
the program to any of the following:
(1) A State or a group of States.
(2) A metropolitan planning organization that serves
an urbanized area (as designated by the Bureau of the
Census) with a population of over 200,000.
(3) A unit of local government or a group of local
governments.
(4) A political subdivision of a State or local
government.
(5) A special purpose district or public authority
with a transportation function.
(6) A Federal land management agency.
(7) A Tribal government or a consortium of Tribal
governments.
(8) A multistate or multijurisdictional group of
entities described in paragraphs (1) through (7).
(e) Eligible Project Requirements.--The Secretary may make a
grant under the program only to an eligible entity for an
eligible project that--
(1) in the case of a large project, the Secretary
recommends for funding in the annual report on funding
recommendations under subsection (g)(6);
(2) is reasonably expected to begin construction not
later than 18 months after the date on which funds are
obligated for the project; and
(3) is based on the results of preliminary
engineering.
(f) Competitive Process and Evaluation of Eligible Projects
Other Than Large Projects.--
(1) Competitive process.--
(A) In general.--The Secretary shall--
(i) for the first fiscal year for
which funds are made available for
obligation under the program, not later
than 60 days after the date on which
the template under subparagraph (B)(i)
is developed, and in subsequent fiscal
years, not later than 60 days after the
date on which amounts are made
available for obligation under the
program, solicit grant applications for
eligible projects other than large
projects; and
(ii) not later than 120 days after
the date on which the solicitation
under clause (i) expires, conduct
evaluations under paragraph (3).
(B) Requirements.--In carrying out
subparagraph (A), the Secretary shall--
(i) develop a template for applicants
to use to summarize project needs and
benefits, including benefits described
in paragraph (3)(B)(i); and
(ii) enable applicants to use data
from the National Bridge Inventory
under section 144(b) to populate
templates described in clause (i), as
applicable.
(2) Applications.--An eligible entity shall submit to
the Secretary an application at such time, in such
manner, and containing such information as the
Secretary may require.
(3) Evaluation.--
(A) In general.--Prior to providing a grant
under this subsection, the Secretary shall--
(i) conduct an evaluation of each
eligible project for which an
application is received under this
subsection; and
(ii) assign a quality rating to the
eligible project on the basis of the
evaluation under clause (i).
(B) Requirements.--In carrying out an
evaluation under subparagraph (A), the
Secretary shall--
(i) consider information on project
benefits submitted by the applicant
using the template developed under
paragraph (1)(B)(i), including whether
the project will generate, as
determined by the Secretary--
(I) costs avoided by the
prevention of closure or
reduced use of the bridge to be
improved by the project;
(II) in the case of a bundle
of projects, benefits from
executing the projects as a
bundle compared to as
individual projects;
(III) safety benefits,
including the reduction of
accidents and related costs;
(IV) person and freight
mobility benefits, including
congestion reduction and
reliability improvements;
(V) national or regional
economic benefits;
(VI) benefits from long-term
resiliency to extreme weather
events, flooding, or other
natural disasters;
(VII) benefits from
protection (as described in
section 133(b)(10)), including
improving seismic or scour
protection;
(VIII) environmental
benefits, including wildlife
connectivity;
(IX) benefits to nonvehicular
and public transportation
users;
(X) benefits of using--
(aa) innovative
design and construction
techniques; or
(bb) innovative
technologies; or
(XI) reductions in
maintenance costs, including,
in the case of a federally-
owned bridge, cost savings to
the Federal budget; and
(ii) consider whether and the extent
to which the benefits, including the
benefits described in clause (i), are
more likely than not to outweigh the
total project costs.
(g) Competitive Process, Evaluation, and Annual Report for
Large Projects.--
(1) In general.--The Secretary shall establish an
annual date by which an eligible entity submitting an
application for a large project shall submit to the
Secretary such information as the Secretary may
require, including information described in paragraph
(2), in order for a large project to be considered for
a recommendation by the Secretary for funding in the
next annual report under paragraph (6).
(2) Information required.--The information referred
to in paragraph (1) includes--
(A) all necessary information required for
the Secretary to evaluate the large project;
and
(B) information sufficient for the Secretary
to determine that--
(i) the large project meets the
applicable requirements under this
section; and
(ii) there is a reasonable likelihood
that the large project will continue to
meet the requirements under this
section.
(3) Determination; notice.--On making a determination
that information submitted to the Secretary under
paragraph (1) is sufficient, the Secretary shall
provide a written notice of that determination to--
(A) the eligible entity that submitted the
application;
(B) the Committee on Environment and Public
Works of the Senate; and
(C) the Committee on Transportation and
Infrastructure of the House of Representatives.
(4) Evaluation.--The Secretary may recommend a large
project for funding in the annual report under
paragraph (6) only if the Secretary evaluates the
proposed project and determines that the project is
justified because the project--
(A) addresses a need to improve the condition
of the bridge, as determined by the Secretary,
consistent with the goals of the program under
subsection (b)(2);
(B) will generate, as determined by the
Secretary--
(i) costs avoided by the prevention
of closure or reduced use of the bridge
to be improved by the project;
(ii) in the case of a bundle of
projects, benefits from executing the
projects as a bundle compared to as
individual projects;
(iii) safety benefits, including the
reduction of accidents and related
costs;
(iv) person and freight mobility
benefits, including congestion
reduction and reliability improvements;
(v) national or regional economic
benefits;
(vi) benefits from long-term
resiliency to extreme weather events,
flooding, or other natural disasters;
(vii) benefits from protection (as
described in section 133(b)(10)),
including improving seismic or scour
protection;
(viii) environmental benefits,
including wildlife connectivity;
(ix) benefits to nonvehicular and
public transportation users;
(x) benefits of using--
(I) innovative design and
construction techniques; or
(II) innovative technologies;
or
(xi) reductions in maintenance costs,
including, in the case of a federally-
owned bridge, cost savings to the
Federal budget;
``(C) is cost effective based on an analysis
of whether the benefits and avoided costs
described in subparagraph (B) are expected to
outweigh the project costs;
(D) is supported by other Federal or non-
Federal financial commitments or revenues
adequate to fund ongoing maintenance and
preservation; and
(E) is consistent with the objectives of an
applicable asset management plan of the project
sponsor, including a State asset management
plan under section 119(e) in the case of a
project on the National Highway System that is
sponsored by a State.
(5) Ratings.--
(A) In general.--The Secretary shall develop
a methodology to evaluate and rate a large
project on a 5-point scale (the points of which
include `high', `medium-high', `medium',
`medium-low', and `low') for each of--
(i) paragraph (4)(B);
(ii) paragraph (4)(C); and
(iii) paragraph (4)(D).
(B) Requirement.--To be considered justified
and receive a recommendation for funding in the
annual report under paragraph (6), a project
shall receive a rating of not less than
`medium' for each rating required under
subparagraph (A).
(6) Annual report on funding recommendations for
large projects.--
(A) In general.--Not later than the first
Monday in February of each year, the Secretary
shall submit to the Committees on
Transportation and Infrastructure and
Appropriations of the House of Representatives
and the Committees on Environment and Public
Works and Appropriations of the Senate a report
that includes--
(i) a list of large projects that
have requested a recommendation for
funding under a new grant agreement
from funds anticipated to be available
to carry out this subsection in the
next fiscal year;
(ii) the evaluation under paragraph
(4) and ratings under paragraph (5) for
each project referred to in clause (i);
(iii) the grant amounts that the
Secretary recommends providing to large
projects in the next fiscal year,
including--
(I) scheduled payments under
previously signed multiyear
grant agreements under
subsection (j);
(II) payments for new grant
agreements, including single-
year grant agreements and
multiyear grant agreements; and
(III) a description of how
amounts anticipated to be
available for the program from
the Highway Trust Fund for that
fiscal year will be
distributed; and
(iv) for each project for which the
Secretary recommends a new multiyear
grant agreement under subsection (j),
the proposed payout schedule for the
project.
(B) Limitations.--
(i) In general.--The Secretary shall
not recommend in an annual report under
this paragraph a new multiyear grant
agreement provided from funds from the
Highway Trust Fund unless the Secretary
determines that the project can be
completed using funds that are
anticipated to be available from the
Highway Trust Fund in future fiscal
years.
(ii) General fund projects.--The
Secretary--
(I) may recommend for funding
in an annual report under this
paragraph a large project using
funds from the general fund of
the Treasury; but
(II) shall not execute a
grant agreement for that
project unless--
(aa) funds other than
from the Highway Trust
Fund have been made
available for the
project; and
(bb) the Secretary
determines that the
project can be
completed using funds
other than from the
Highway Trust Fund that
are anticipated to be
available in future
fiscal years.
(C) Considerations.--In selecting projects to
recommend for funding in the annual report
under this paragraph, the Secretary shall--
(i) consider the amount of funds
available in future fiscal years for
multiyear grant agreements as described
in subparagraph (B); and
(ii) assume the availability of funds
in future fiscal years for multiyear
grant agreements that extend beyond the
period of authorization based on the
amount made available for large
projects under the program in the last
fiscal year of the period of
authorization.
(D) Project diversity.--In selecting projects
to recommend for funding in the annual report
under this paragraph, the Secretary shall
ensure diversity among projects recommended
based on--
(i) the amount of the grant
requested; and
(ii) grants for an eligible project
for 1 bridge compared to an eligible
project that is a bundle of projects.
(h) Eligible Project Costs.--A grant received for an eligible
project under the program may be used for--
(1) development phase activities, including planning,
feasibility analysis, revenue forecasting,
environmental review, preliminary engineering and
design work, and other preconstruction activities;
(2) construction, reconstruction, rehabilitation,
acquisition of real property (including land related to
the project and improvements to the land),
environmental mitigation, construction contingencies,
acquisition of equipment, and operational improvements
directly related to improving system performance; and
(3) expenses related to the protection (as described
in section 133(b)(10)) of a bridge, including seismic
or scour protection.
(i) TIFIA Program.--On the request of an eligible entity
carrying out an eligible project, the Secretary may use amounts
awarded to the entity to pay subsidy and administrative costs
necessary to provide to the entity Federal credit assistance
under chapter 6 with respect to the eligible project for which
the grant was awarded.
(j) Multiyear Grant Agreements for Large Projects.--
(1) In general.--A large project that receives a
grant under the program in an amount of not less than
$100,000,000 may be carried out through a multiyear
grant agreement in accordance with this subsection.
(2) Requirements.--A multiyear grant agreement for a
large project described in paragraph (1) shall--
(A) establish the terms of participation by
the Federal Government in the project;
(B) establish the maximum amount of Federal
financial assistance for the project in
accordance with paragraphs (3) and (4) of
subsection (c);
(C) establish a payout schedule for the
project that provides for disbursement of the
full grant amount by not later than 4 fiscal
years after the fiscal year in which the
initial amount is provided;
(D) determine the period of time for
completing the project, even if that period
extends beyond the period of an authorization;
and
(E) attempt to improve timely and efficient
management of the project, consistent with all
applicable Federal laws (including
regulations).
(3) Special financial rules.--
(A) In general.--A multiyear grant agreement
under this subsection--
(i) shall obligate an amount of
available budget authority specified in
law; and
(ii) may include a commitment,
contingent on amounts to be specified
in law in advance for commitments under
this paragraph, to obligate an
additional amount from future available
budget authority specified in law.
(B) Statement of contingent commitment.--The
agreement shall state that the contingent
commitment is not an obligation of the Federal
Government.
(C) Interest and other financing costs.--
(i) In general.--Interest and other
financing costs of carrying out a part
of the project within a reasonable time
shall be considered a cost of carrying
out the project under a multiyear grant
agreement, except that eligible costs
may not be more than the cost of the
most favorable financing terms
reasonably available for the project at
the time of borrowing.
(ii) Certification.--The applicant
shall certify to the Secretary that the
applicant has shown reasonable
diligence in seeking the most favorable
financing terms.
(4) Advance payment.--Notwithstanding any other
provision of law, an eligible entity carrying out a
large project under a multiyear grant agreement--
(A) may use funds made available to the
eligible entity under this title for eligible
project costs of the large project until the
amount specified in the multiyear grant
agreement for the project for that fiscal year
becomes available for obligation; and
(B) if the eligible entity uses funds as
described in subparagraph (A), the funds used
shall be reimbursed from the amount made
available under the multiyear grant agreement
for the project.
(k) Undertaking Parts of Projects in Advance Under Letters of
No Prejudice.--
(1) In general.--The Secretary may pay to an
applicant all eligible project costs under the program,
including costs for an activity for an eligible project
incurred prior to the date on which the project
receives funding under the program if--
(A) before the applicant carries out the
activity, the Secretary approves through a
letter to the applicant the activity in the
same manner as the Secretary approves other
activities as eligible under the program;
(B) a record of decision, a finding of no
significant impact, or a categorical exclusion
under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) has been issued
for the eligible project; and
(C) the activity is carried out without
Federal assistance and in accordance with all
applicable procedures and requirements.
(2) Interest and other financing costs.--
(A) In general.--For purposes of paragraph
(1), the cost of carrying out an activity for
an eligible project includes the amount of
interest and other financing costs, including
any interest earned and payable on bonds, to
the extent interest and other financing costs
are expended in carrying out the activity for
the eligible project, except that interest and
other financing costs may not be more than the
cost of the most favorable financing terms
reasonably available for the eligible project
at the time of borrowing.
(B) Certification.--The applicant shall
certify to the Secretary that the applicant has
shown reasonable diligence in seeking the most
favorable financing terms under subparagraph
(A).
(3) No obligation or influence on recommendations.--
An approval by the Secretary under paragraph (1)(A)
shall not--
(A) constitute an obligation of the Federal
Government; or
(B) alter or influence any evaluation under
subsection (f)(3)(A)(i) or (g)(4) or any
recommendation by the Secretary for funding
under the program.
(l) Federally-owned Bridges.--
(1) Divestiture consideration.--In the case of a
bridge owned by a Federal land management agency for
which that agency applies for a grant under the
program, the agency--
(A) shall consider options to divest the
bridge to a State or local entity after
completion of the project; and
(B) may apply jointly with the State or local
entity to which the bridge may be divested.
(2) Treatment.--Notwithstanding any other provision
of law, section 129 shall apply to a bridge that was
previously owned by a Federal land management agency
and has been transferred to a non-Federal entity under
paragraph (1) in the same manner as if the bridge was
never federally owned.
(m) Congressional Notification.--Not later than 30 days
before making a grant for an eligible project under the
program, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a written notification of the proposed
grant that includes--
(1) an evaluation and justification for the eligible
project; and
(2) the amount of the proposed grant.
(n) Reports.--
(1) Annual report.--Not later than August 1 of each
fiscal year, the Secretary shall make available on the
website of the Department of Transportation an annual
report that lists each eligible project for which a
grant has been provided under the program during the
fiscal year.
(2) GAO assessment and report.--Not later than 3
years after the date of enactment of the America's
Transportation Infrastructure Act of 2019, the
Comptroller General of the United States shall--
(A) conduct an assessment of the
administrative establishment, solicitation,
selection, and justification process with
respect to the funding of grants under the
program; and
(B) submit to the Committee on Transportation
and Infrastructure of the House of
Representatives and the Committee on
Environment and Public Works of the Senate a
report that describes--
(i) the adequacy and fairness of the
process under which each eligible
project that received a grant under the
program was selected; and
(ii) the justification and criteria
used for the selection of each eligible
project.
(o) Limitation.--
(1) Large projects.--Of the amounts made available
out of the Highway Trust Fund (other than the Mass
Transit Account) to carry out this section for each of
fiscal years 2021 through 2025, not less than 50
percent, in aggregate, shall be used for large
projects.
(2) Unutilized amounts.--If, in fiscal year 2025, the
Secretary determines that grants under the program will
not allow for the requirement under paragraph (1) to be
met, the Secretary shall use the unutilized amounts to
make other grants under the program during that fiscal
year.
(p) Tribal Transportation Facility Bridge Set Aside.--
(1) In general.--Of the amounts made available from
the Highway Trust Fund (other than the Mass Transit
Account) for a fiscal year to carry out this section,
the Secretary shall use, to carry out section 202(d)--
(A) $16,000,000 for fiscal year 2021;
(B) $18,000,000 for fiscal year 2022;
(C) $20,000,000 for fiscal year 2023;
(D) $22,000,000 for fiscal year 2024; and
(E) $24,000,000 for fiscal year 2025.
(2) Treatment.--For purposes of section 201, funds
made available for section 202(d) under paragraph (1)
shall be considered to be part of the tribal
transportation program.
* * * * * * *
Sec. 125. Emergency relief
(a) In General.--Subject to this section and section 120, an
emergency fund is authorized for expenditure by the Secretary
for the repair or reconstruction of highways, roads, and
trails, in any area of the United States, including Indian
reservations, that the Secretary finds have suffered serious
damage as a result of--
(1) a natural disaster over a wide area, such as by a
flood, hurricane, tidal wave, earthquake, severe storm,
wildfire, sea level rise, 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).]
(b) Restriction on Eligibility.--Funds under this section
shall not be used for the repair or reconstruction of a bridge
that has been permanently closed to all vehicular traffic by
the Federal, State, Tribal, or responsible local official
because of imminent danger of collapse due to a structural
deficiency or physical deterioration.
* * * * * * *
(d) Eligibility.--
(1) In general.-- * * *
* * * * * * *
(2) Cost limitation.--
(A) Definition of comparable facility.--In
this paragraph, the term ``comparable
facility'' means [a facility that meets the
current] a facility that--
(i) meets the current geometric and
construction standards required for the
types and volume of traffic that the
facility will carry over its design
life[.] ; and
(ii) incorporates economically
justifiable improvements designed to
mitigate the risk of recurring damage
from extreme weather events, flooding,
or other natural disasters.
(3) Protective features.--
(A) In general.--The cost of an improvement
that is part of a project under this section
shall be an eligible expense under this section
if the improvement is a protective feature that
is designed to mitigate the risk of recurring
damage, or the cost of future repair, from
extreme weather events, flooding, or other
natural disasters.
(B) Protective features described.--A
protective feature referred to in subparagraph
(A) may include--
(i) raising roadway grades;
(ii) relocating roadways in a base
floodplain to higher ground above
projected flood elevation levels or
away from slide prone areas;
(iii) stabilizing slide areas;
(iv) stabilizing slopes;
(v) installing riprap;
(vi) lengthening or raising bridges
to increase waterway openings;
(vii) deepening channels to prevent
flooding;
(viii) increasing the size or number
of drainage structures;
(ix) replacing culverts with bridges
or upsizing culverts;
(x) repairing or maintaining tide
gates;
(xi) installing seismic retrofits on
bridges;
(xii) adding scour protection at
bridges;
(xiii) adding scour, stream
stability, coastal, and other hydraulic
countermeasures, including spur dikes;
(xiv) the use of natural
infrastructure to mitigate the risk of
recurring damage or the cost of future
repair from extreme weather events,
flooding, or other natural disasters;
and
(xv) any other features that mitigate
the risk of recurring damage or the
cost of future repair as a result of
extreme weather events, flooding, or
other natural disasters, as determined
by the Secretary.
[(3)] (4) Debris removal.--The costs of debris
removal shall be an eligible expense under this section
only for--
(A) an event not declared a major disaster or
emergency by the President under the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.);
(B) an event declared a major disaster or
emergency by the President under that Act if
the debris removal is not eligible for
assistance under section 403, 407, or 502 of
that Act (42 U.S.C. 5170b, 5173, 5192); or
(C) projects eligible for assistance under
this section located on tribal transportation
facilities, Federal lands transportation
facilities, or other federally owned roads that
are open to public travel (as defined in
subsection (e)(1)).
[(4)] (5) Territories.--The total obligations for
projects under this section for any fiscal year in the
Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands shall not
exceed $20,000,000.
[(5)] (6) Substitute traffic.--Notwithstanding any
other provision of this section, actual and necessary
costs of maintenance and operation of ferryboats or
additional transit service providing temporary
substitute highway traffic service, less the amount of
fares charged for comparable service, may be expended
from the emergency fund authorized by this section for
Federal-aid highways.
* * * * * * *
Sec. 127. Vehicle weight limitations-Interstate System
(a) In General.--
(1) * * *
* * * * * * *
(l) Operation of Vehicles on Certain Kentucky Highways.--
(1) In general.-- * * *
* * * * * * *
(3) Additional highway segments.-
(A) In general.-If any segment of highway
described in [clause (i) or (ii)] clauses (i)
through (iv) of this subparagraph is designated
as a route of the Interstate System, a vehicle
that could operate legally on that segment
before the date of such designation may
continue to operate on that segment, without
regard to any requirement under subsection (a),
except that such vehicle shall not exceed a
gross vehicle weight of 120,000 pounds. The
highway segments referred to in this paragraph
are as follows:
(i) The William H. Natcher Parkway
(to be designated as a spur of
Interstate Route 65) from Interstate
Route 65 in Bowling Green, Kentucky, to
United States Route 60 in Owensboro,
Kentucky.
(ii) The Julian M. Carroll (Purchase)
Parkway (to be designated as Interstate
Route 69) in Kentucky from the
Tennessee state line to the interchange
with Interstate Route 24, near Calvert
City.
(iii) The Wendell H. Ford (Western
Kentucky) Parkway (to be designated as
a spur of Interstate Route 69) from the
interchange with the William H. Natcher
Parkway in Ohio County, Kentucky, west
to the interchange of the Western
Kentucky Parkway with the Edward T.
Breathitt (Pennyrile) Parkway.
(iv) The Edward T. Breathitt Parkway
(to be designated as a spur of
Interstate Route 69) from Interstate 24
to Interstate 69.
(v) Operation of Vehicles on Certain North Carolina
Highways.--If any segment in the State of North Carolina of
United States Route 17, United States Route 29, United States
Route 52, United States Route 64, United States Route 70,
United States Route 74, United States Route 117, United States
Route 220, United States Route 264, or United States Route 421
is designated as a route on the Interstate System, a vehicle
that could operate legally on that segment before the date of
such designation may continue to operate on that segment,
without regard to any requirement under subsection (a).
* * * * * * *
Sec. 129. Toll roads, bridges, tunnels, and ferries
(a) Basic Program.--
(1) Authorization for Federal participation.-- * * *
* * * * * * *
(3) Limitations on use of revenues.--
(A) In general.--* * *
* * * * * * *
(B) Annual audit.--
(i) In general.--A public authority
with jurisdiction over a toll facility
shall conduct or have an independent
auditor conduct an annual audit of toll
facility records to verify adequate
maintenance and compliance with
subparagraph (A), and report the
results of the audits ,together with
the results of the audit under
paragraph (9)(C), to the Secretary.
* * * * * * *
(9) Equal access for over-the-road buses.--[An over-
the-road]
(A) In general.--An over-the-road bus that
serves the public shall be provided access to a
toll facility under the same rates, terms, and
conditions as [public transportation buses]
public transportation vehicles.
(B) Reports.--
(i) In general.--Not later than 90
days after the date of enactment of
this subparagraph, a public authority
that operates a toll facility shall
report to the Secretary any rates,
terms, or conditions for access to the
toll facility by public transportation
vehicles that differ from the rates,
terms, or conditions applicable to
over-the-road buses.
(ii) Updates.--A public authority
that operates a toll facility shall
report to the Secretary any change to
the rates, terms, or conditions for
access to the toll facility by public
transportation vehicles that differ
from the rates, terms, or conditions
applicable to over-the-road buses by
not later than 30 days after the date
on which the change takes effect.
(iii) Publication.--The Secretary
shall publish information reported to
the Secretary under clauses (i) and
(ii) on a publicly accessible internet
website.
(C) Annual audit.--
(i) In general.--A public authority
(as defined in section 101(a)) with
jurisdiction over a toll facility
shall--
(I) conduct or have an
independent auditor conduct an
annual audit of toll facility
records to verify compliance
with this paragraph; and
(II) report the results of
the audit, together with the
results of the audit under
paragraph (3)(B), to the
Secretary.
(ii) Records.--After providing
reasonable notice, a public authority
described in clause (i) shall make all
records of the public authority
pertaining to the toll facility
available for audit by the Secretary.
(iii) Noncompliance.--If the
Secretary determines that a public
authority described in clause (i) has
not complied with this paragraph, the
Secretary may require the public
authority to discontinue collecting
tolls until an agreement with the
Secretary is reached to achieve
compliance.
(10) High occupancy vehicle use of certain toll
facilities.--Notwithstanding section 102(a), in the
case of a toll facility that is on the Interstate
System and that is constructed or converted after the
date of enactment of the America's Transportation
Infrastructure Act of 2019, the public authority with
jurisdiction over the toll facility shall allow high
occupancy vehicles, transit, and paratransit vehicles
to use the facility at a discount rate or without
charge, unless the public authority, in consultation
with the Secretary, determines that the number of those
vehicles using the facility reduces the travel time
reliability of the facility.
[(10)] (11) Definitions.--In this subsection, the
following definitions apply:
* * * * * * *
(c) Notwithstanding section 301 of this title, the Secretary
may permit Federal participation under this title in [the
construction of ferry boats and ferry terminal facilities,
whether toll or free,] the construction of ferry boats and
ferry terminal facilities (including ferry maintenance
facilities), whether toll or free, and the procurement of
transit vehicles used exclusively as an integral part of an
intermodal ferry trip, subject to the following conditions:
* * * * * * *
(d) Congestion Relief Program.--
(1) Definitions.--In this subsection:
(A) Eligible entity.--The term `eligible
entity' means--
(i) a State, for the purpose of
carrying out a project in an urbanized
area with a population of more than
1,000,000; and
(ii) a metropolitan planning
organization, city, or municipality,
for the purpose of carrying out a
project in an urbanized area with a
population of more than 1,000,000.
(B) Integrated congestion management
system.--The term `integrated congestion
management system' means a system for the
integration of management and operations of a
regional transportation system that includes,
at a minimum, traffic incident management, work
zone management, traffic signal timing, managed
lanes, real-time traveler information, and
active traffic management, in order to maximize
the capacity of all facilities and modes across
the applicable region.
(C) Program.--The term `program' means the
congestion relief program established under
paragraph (2).
(2) Establishment.--The Secretary shall establish a
congestion relief program to provide discretionary
grants to eligible entities to advance innovative,
integrated, and multimodal solutions to congestion
relief in the most congested metropolitan areas of the
United States.
(3) Program goals.--The goals of the program are to
reduce highway congestion, reduce economic and
environmental costs associated with that congestion,
including transportation emissions, and optimize
existing highway capacity and usage of highway and
transit systems through--
(A) improving intermodal integration with
highways, highway operations, and highway
performance;
(B) reducing or shifting highway users to
off-peak travel times or to nonhighway travel
modes during peak travel times; and
(C) pricing of, or based on, as applicable--
(i) parking;
(ii) use of roadways, including in
designated geographic zones; or
(iii) congestion.
(4) Eligible projects.--Funds from a grant under the
program may be used for a project or an integrated
collection of projects, including planning, design,
implementation, and construction activities, to achieve
the program goals under paragraph (3), including--
(A) deployment and operation of an integrated
congestion management system;
(B) deployment and operation of a system that
implements or enforces high occupancy vehicle
toll lanes, cordon pricing, parking pricing, or
congestion pricing;
(C) deployment and operation of mobility
services, including establishing account-based
financial systems, commuter buses, commuter
vans, express operations, paratransit, and on-
demand microtransit; and
(D) incentive programs that encourage
travelers to carpool, use nonhighway travel
modes during peak period, or travel during
nonpeak periods.
(5) Application; selection.--
(A) Application.--To be eligible to receive a
grant under the program, an eligible entity
shall submit to the Secretary an application at
such time, in such manner, and containing such
information as the Secretary may require.
(B) Priority.--In providing grants under the
program, the Secretary shall give priority to
projects in urbanized areas that are
experiencing a high degree of recurrent
congestion.
(C) Federal share.--The Federal share of the
cost of a project carried out with a grant
under the program shall not exceed 80 percent
of the total project cost.
(D) Minimum award.--A grant provided under
the program shall be not less than $10,000,000.
(6) Use of tolling.--
(A) In general.--Notwithstanding subsection
(a)(1) and section 301 and subject to
subparagraphs (B) and (C), the Secretary shall
allow the use of tolls on the Interstate System
as part of a project carried out with a grant
under the program.
(B) Requirements.--The Secretary may only
approve the use of tolls under subparagraph (A)
if--
(i) the eligible entity has authority
under State, and if applicable, local,
law to assess the applicable toll;
(ii) the maximum toll rate for any
vehicle class is not greater than the
product obtained by multiplying--
(I) the toll rate for any
other vehicle class; and
(II) 5;
(iii) the toll rates are not charged
or varied on the basis of State
residency;
(iv) the Secretary determines that
the use of tolls will enable the
eligible entity to achieve the program
goals under paragraph (3) without a
significant impact to safety or
mobility within the urbanized area in
which the project is located; and
(v) the use of toll revenues complies
with subsection (a)(3).
(C) Limitation.--The Secretary may not
approve the use of tolls on the Interstate
System under the program in more than 10
urbanized areas.
(7) Financial effects on low-income drivers.--A
project under the program--
(A) shall include, if appropriate, an
analysis of the potential effects of the
project on low-income drivers; and
(B) may include mitigation measures to deal
with any potential adverse financial effects on
low-income drivers.
Sec. 130. Railway-highway crossings
(a) * * *
* * * * * * *
(e) Funds for [Protective Devices]Railway-Highway Grade
Crossings.--
(1) In general.--
(A) Set aside.--Before making an
apportionment under section 104(b)(3) for a
fiscal year, the Secretary shall set aside,
from amounts made available to carry out the
highway safety improvement program under
section 148 for such fiscal year, for the
elimination of hazards and the installation of
protective devices at railway-highway
[crossings at least--
[(i) $225,000,000 for fiscal year
2016;
[(ii) $230,000,000 for fiscal year
2017;
[(iii) $235,000,000 for fiscal year
2018;
[(iv) $240,000,000 for fiscal year
2019; and
[(v) $245,000,000 for fiscal year
2020.] crossings and as described in
subparagraph (B), not less than
$245,000,000 for each of fiscal years
2021 through 2025.
[(B) Installation of protective devices.--At
least \1/2\ of the funds set aside each fiscal
year under subparagraph (A) shall be available
for the installation of protective devices at
railway-highway crossings.]
(B) Reducing trespassing fatalities and
injuries.--A State may use funds set aside
under subparagraph (A) for projects to reduce
pedestrian fatalities and injuries from
trespassing at grade crossings.
* * * * * * *
(f) Apportionment.--
(1) Formula.-- * * *
* * * * * * *
(3) Federal share.--The Federal share payable on
account of any project financed with funds set aside to
carry out this section shall be [90 percent] 100
percent of the cost thereof.
(g) Annual Report.--Each State shall report to the Secretary
not later than December 30 of each year on the progress being
made to implement the railway-highway crossings program
authorized by this section and the effectiveness of such
improvements. Each State report shall contain an assessment of
the costs of the various treatments employed and subsequent
accident experience at improved locations. The Secretary shall
submit a report to the Committee on Environment and Public
Works and the Committee on Commerce, Science, [and
Transportation,] and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives, not later than April 1, 2006, and every 2
years [thereafter,,] thereafter, on the progress being made by
the State in implementing projects to improve railway-highway
crossings. The report shall include, but not be limited to, the
number of projects undertaken, their distribution by cost
range, road system, nature of treatment, and subsequent
accident experience at improved locations. In addition, the
Secretary's report shall analyze and evaluate each State
program, identify any State found not to be in compliance with
the schedule of improvements required by subsection (d) and
include recommendations for future implementation of the
[railroad highway] railway-highwaypara.ossings program.
* * * * * * *
Sec. 133. Surface transportation block grant program
(a) Establishment.-- * * *
* * * * * * *
(b) Eligible Projects.--Funds apportioned to a State under
section 104(b)(2) for the surface transportation block grant
program may be obligated for the following:
(1) Construction of--
(A) highways, bridges, tunnels, including
designated routes of the Appalachian
development highway system and local access
roads under section 14501 of title 40;
(B) ferry boats and terminal [facilities
eligible] `facilities--
(i) that are eligible for funding
under section 129(c); or
(ii) that are privately or majority-
privately owned, but that the Secretary
determines provide a substantial public
transportation benefit or otherwise
meet the foremost needs of the surface
transportation system described in
section 101(b)(3)(D);
* * * * * * *
(E) truck parking facilities eligible for
funding under section 1401 of MAP-21 (23 U.S.C.
137 note); [and]
(F) border infrastructure projects eligible
for funding under section 1303 of SAFETEA-LU
(23 U.S.C. 101 note)[.] ; and
(G) wildlife crossing structures.
* * * * * * *
(3) Environmental measures eligible under sections
119(g), 148(a)(4)(B)(xvii), 328, and 329 and
transportation control measures listed in section
108(f)(1)(A) (other than clause (xvi) of that section)
of the Clean Air Act (42 U.S.C. 7408(f)(1)(A)).
(4) Projects that use natural infrastructure alone or
in combination with other eligible projects to enhance
resilience of a transportation facility otherwise
eligible for assistance under this section.
[(4)] (5) Highway and transit safety infrastructure
improvements and programs, including railway-highway
grade crossings.
[(5)] (6) Fringe and corridor parking facilities and
programs in accordance with section 137 and carpool
projects in accordance with section 146.
[(6)] (7) Recreational trails projects eligible for
funding under section 206, pedestrian and bicycle
projects in accordance with section 217 (including
modifications to comply with accessibility requirements
under the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.)), and the safe routes to school
program under section 1404 of SAFETEA-LU (23 U.S.C. 402
note).
[(7)] (8) Planning, design, or construction of
boulevards and other roadways largely in the right-of-
way of former Interstate System routes or other divided
highways.
[(8)] (9) Development and implementation of a State
asset management plan for the National Highway System
and a performance-based management program for other
public roads.
[(9)] (10) Protection (including painting, scour
countermeasures, seismic retrofits, impact protection
measures, security countermeasures, and protection
against extreme events) for bridges (including
approaches to bridges and other elevated structures)
and tunnels on public roads, and inspection and
evaluation of bridges and tunnels and other highway
assets.
[(10)] (11) Surface transportation planning programs,
highway and transit research and development and
technology transfer programs, and workforce
development, training, and education under chapter 5 of
this title.
[(11)] (12) Surface transportation infrastructure
modifications to facilitate direct intermodal
interchange, transfer, and access into and out of a
port terminal.
[(12)] (13) Projects and strategies designed to
support congestion pricing, including electronic toll
collection and travel demand management strategies and
programs.
(14) Projects and strategies designed to reduce the
number of wildlife-vehicle collisions, including
project-related planning, design, construction,
monitoring, and preventative maintenance.
[(13)] (15) At the request of a State, and upon
Secretarial approval of credit assistance under chapter
6, subsidy and administrative costs necessary to
provide an eligible entity Federal credit assistance
under chapter 6 with respect to a project eligible for
assistance under this section.
[(14)] (16) The creation and operation by a State of
an office to assist in the design, implementation, and
oversight, including conducting value for money
analyses or similar comparative analyses, of public-
private partnerships eligible to receive funding under
this title and chapter 53 of title 49, and the payment
of a stipend to unsuccessful private bidders to offset
their proposal development costs, if necessary to
encourage robust competition in public-private
partnership procurements.
[(15)] (17) Any type of project eligible under this
section as in effect on the day before the date of
enactment of the FAST Act, including projects described
under section 101(a)(29) as in effect on such day.
(18) Rural barge landing, dock, and waterfront
infrastructure projects in accordance with subsection
(j).
(c) Location of Projects.--A surface transportation block
grant project may not be undertaken on a road functionally
classified as a local road or a rural minor collector unless
the road was on a Federal-aid highway system on January 1,
1991, except--
(1) for a bridge or tunnel project (other than the
construction of a new bridge or tunnel at a new
location);
(2) for a project described in [paragraphs (4)
through (11)] paragraphs (5) through (12) and paragraph
(18) of subsection (b);
(3) for a project described in section 101(a)(29), as
in effect on the day before the date of enactment of
the FAST Act; [and]
(4) for a bridge project for the replacement of a low
water crossing (as defined by the Secretary) with a
bridge; and
[(4)] (5) as approved by the Secretary.
(d) Allocations of Apportioned Funds to Areas Based on
Population.--
(1) Calculation.--Of the funds apportioned to a State
under section 104(b)(2) (after the reservation of funds
under subsection (h))--
(A) [the percentage specified in paragraph
(6) for a fiscal year] 55 percent for each of
fiscal years 2021 through 2025 shall be
obligated under this section, in proportion to
their relative shares of the population of the
State--
* * * * * * *
[(6) Percentage.--The percentage referred to in
paragraph (1)(A) is--
[(A) for fiscal year 2016, 51 percent;
[(B) for fiscal year 2017, 52 percent;
[(C) for fiscal year 2018, 53 percent;
[(D) for fiscal year 2019, 54 percent; and
[(E) for fiscal year 2020, 55 percent.]
(e) Obligation Authority.--
(1) In general.--A State that is required to obligate
in an urbanized area with an urbanized area population
of over 200,000 individuals under subsection (d) funds
apportioned to the State under section 104(b)(2) shall
make available during the period of [fiscal years 2016
through 2020] fiscal years 2021 through 2025 an amount
of obligation authority distributed to the State for
Federal-aid highways and highway safety construction
programs for use in the area that is equal to the
amount obtained by multiplying--
* * * * * * *
(f) Bridges Not on Federal-aid Highways.--
(1) Definition of off-system bridge.--In this
subsection, the term ``off-system bridge'' means a
highway bridge or low water crossing (as defined by the
Secretary) located on a public road, other than a
bridge or low water crossing (as defined by the
Secretary) on a Federal-aid highway.
(2) Special rule.--
(A) Set-aside.--Of the amounts apportioned to
a State for fiscal year 2013 and each fiscal
year thereafter under this section, the State
shall obligate for [activities described in
subsection (b)(2) for off-system bridges]
activities described in paragraphs (1)(A) and
(10) of subsection (b) for off-system bridges,
projects and activities described in subsection
(b)(1)(A) for the replacement of low water
crossings with bridges, and projects and
activities described in subsection (b)(10) for
low water crossings (as defined by the
Secretary), an amount that is not less than 15
percent of the amount of funds apportioned to
the State for the highway bridge program for
fiscal year 2009, except that amounts allocated
under subsection (d) shall not be obligated to
carry out this subsection.
* * * * * * *
(3) Credit for bridges not on Federal-aid highways.--
Notwithstanding any other provision of law, with
respect to any project not on a Federal-aid highway for
the replacement of a [bridge or rehabilitation of a
bridge] bridge, rehabilitation of a bridge, or
replacement of a low water crossing (as defined by the
Secretary) with a bridge that is wholly funded from
State and local sources, is eligible for Federal funds
under this section, is noncontroversial, is certified
by the State to have been carried out in accordance
with all standards applicable to such projects under
this section, and is determined by the Secretary upon
completion to be no longer a deficient bridge or, in
the case of a replacement of a low water crossing with
a bridge, is determined by the Secretary on completion
to have improved the safety of the location--
* * * * * * *
(g) Special Rule for Areas of Less Than 5,000 Population.--
(1) Special rule.--Notwithstanding subsection (c),
and except as provided in paragraph (2), up to 15
percent of the amounts required to be obligated by a
State under subsection (d)(1)(A)(ii) for each of
[fiscal years 2016 through 2020] fiscal years 2021
through 2025 may be obligated on roads functionally
classified as minor collectors.
* * * * * * *
(h) STP Set-Aside.--
(1) Reservation of funds.--Of the funds apportioned
to a State under section 104(b)(2) for each fiscal
year, the Secretary shall reserve an amount such that--
(A) the Secretary reserves a total under this
subsection of--
[(i) $835,000,000 for each of fiscal
years 2016 and 2017; and
[(ii) $850,000,000 for each of fiscal
years 2018 through 2020; and]
(i) $1,200,000,000 for fiscal year
2021;
(ii) $1,224,000,000 for fiscal year
2022;
(iii) $1,248,000,000 for fiscal year
2023;
(iv) $1,273,000,000 for fiscal year
2024; and
(v) $1,299,000,000 for fiscal year
2025; and
* * * * * * *
[(2) Allocation within a State.--Funds reserved for a
State under paragraph (1) shall be obligated within
that State in the manner described in subsection (d),
except that, for purposes of this paragraph (after
funds are made available under paragraph (5))--
[(A) for each fiscal year, the percentage
referred to in paragraph (1)(A) of that
subsection shall be deemed to be 50 percent;
and
[(B) the following provisions shall not
apply:
[(i) Paragraph (3) of subsection (d).
[(ii) Subsection (e).]
(2) Allocation within a state.--
(A) In general.--Except as provided in
subparagraph (B), funds reserved for a State
under paragraph (1) shall be obligated within
that State in the manner described in
subsection (d), except that, for purposes of
this paragraph (after funds are made available
under paragraph (5))--
(i) for each fiscal year, the
percentage specified in subsection
(d)(1)(A) shall be deemed to be 57.5
percent; and
(ii) paragraph (3) of that subsection
shall not apply.
(B) Local control.--
(i) In general.--On approval of a
plan submitted to the Secretary that
describes the manner in which the plan
will maximize local control and the
means by which the State plans to
comply with paragraph (8), the State
may allocate up to 100 percent of the
funds referred to in subparagraph
(A)(i) to counties and other local
transportation entities.
(ii) Requirement.--A State that
allocates funding under clause (i) to
counties and other local transportation
entities shall make available an
equivalent amount of obligation
limitation to those counties and other
local transportation entities.
* * * * * * *
(4) Access to funds.--
(A) In general.--A State or metropolitan
planning organization required to obligate
funds in accordance with paragraph (2) shall
develop a competitive process to allow eligible
entities to submit projects for funding that
achieve the objectives of this subsection. A
metropolitan planning organization for an area
described in subsection (d)(1)(A)(i) shall
select projects under such process in
consultation with the relevant State.
(B) Eligible entity defined.--In this
paragraph, the term ``eligible entity'' means--
(i) a local government;
(ii) a regional transportation
authority;
(iii) a transit agency;
(iv) a natural resource or public
land agency;
(v) a school district, local
education agency, or school;
(vi) a tribal government;
(vii) a metropolitan planning
organization that serves an urbanized
population of 200,000 or fewer;
[(vii)] (viii) a nonprofit entity
[responsible for the administration of
local transportation safety programs[;
and
[(viii)] (ix) any other local or
regional governmental entity with
responsibility for or oversight of
transportation or recreational trails
(other than a metropolitan planning
organization that serves an urbanized
population of over 200,000 or a State
agency) that the State determines to be
eligible, consistent with the goals of
this subsection.
* * * * * * *
(6) State flexibility.--
(A) Recreational trails.-- * * *
* * * * * * *
(C) Improving accessibility and efficiency.--
(i) In general.--A State may elect to
use an amount equal to not more than 7
percent of the funds reserved for the
State under this subsection, after
allocating funds in accordance with
paragraph (2)(A), to improve the
ability of applicants to access funding
for projects under this subsection in
an efficient and expeditious manner
by--
(I) providing to applicants
for projects under this
subsection application
assistance, technical
assistance, and assistance in
reducing the period of time
between the selection of the
project and the obligation of
funds for the project; and
(II) providing funding for 1
or more full-time State
employee positions to
administer this subsection.
(ii) Use of funds.--Amounts used
under clause (i) may be expended--
(I) directly by the State; or
(II) through contracts with
State agencies, private
entities, or nonprofit
entities.
(7) Federal share.--
(A) Required aggregate non-federal share.--
(i) In general.--The average annual
non-Federal share of the total cost of
all projects carried out under this
subsection in a State for a fiscal year
shall be not less than the non-Federal
share authorized for the State under
section 120(b).
(ii) Single projects.--Subject to
clause (i), the Federal share of the
total cost of a single project carried
out under this subsection may be up to
100 percent.
(B) Flexible financing.--Subject to
subparagraph (A), notwithstanding section 120--
(i) funds made available to carry out
section 148 may be credited toward the
non-Federal share of the costs of a
project type under this subsection that
the Secretary determines to have an
expected safety benefit; and
(ii) the non-Federal share for a
project under this subsection may be
calculated on a project, multiple-
project, or program basis.
[(7)] (8) Annual reports.--
(A) In general.-- * * *
* * * * * * *
(j) Rural Barge Landing, Dock, and Waterfront Infrastructure
Projects.--
(1) In general.--A State may use not more than 5
percent of the funds apportioned to the State under
section 104(b)(2) for eligible rural barge landing,
dock, and waterfront infrastructure projects described
in paragraph (2).
(2) Eligible projects.--An eligible rural barge
landing, dock, or waterfront infrastructure project
referred to in paragraph (1) is a project for the
planning, designing, engineering, or construction of a
barge landing, dock, or other waterfront infrastructure
in a rural community or a Native village (as defined in
section 3 of the Alaska Native Claims Settlement Act
(43 U.S.C. 1602))--
(A) that is off the road system; and
(B) for which the Secretary determines there
is a lack of adequate infrastructure.
* * * * * * *
Sec. 134. Metropolitan transportation planning
(a) Policy.--It is in the national interest--
(1) * * *
* * * * * * *
(d) Designation of Metropolitan Planning Organizations.--
(1) In general.-- * * *
* * * * * * *
(3) Representation.--
(A) In general.-- * * *
* * * * * * *
(C) Powers of certain officials.--An official
described in paragraph (2)(B) shall have
responsibilities, actions, duties, voting
rights, and any other authority commensurate
with other officials described in paragraph
(2).
(D) Considerations.--In designating officials
or representatives under paragraph (2) for the
first time, subject to the bylaws or enabling
statute of the metropolitan planning
organization, the metropolitan planning
organization shall consider the equitable and
proportional representation of the population
of the metropolitan planning area.
* * * * * * *
(7) Designation of more than 1 metropolitan planning
organization.--More than 1 metropolitan planning
organization may be designated within [an existing
metropolitan planning area] an urbanized area (as
defined by the Bureau of the Census) only if the
Governor and the existing metropolitan planning
organization determine that the size and complexity of
[the existing metropolitan planning area] the area make
designation of more than 1 metropolitan planning
organization for the area appropriate.
* * * * * * *
(g) MPO Consultation in Plan and TIP Coordination.--
(1) Nonattainment areas.--If more than 1 metropolitan
planning organization has authority within [a
metropolitan area] an urbanized area (as defined by the
Bureau of the Census) or an area which is designated as
a nonattainment area for ozone or carbon monoxide under
the Clean Air Act (42 U.S.C. 7401 et seq.), each
metropolitan planning organization shall consult with
the other metropolitan planning organizations
designated for such area and the State in the
coordination of plans and TIPs required by this
section.
(3) Relationship with other planning officials.--
(A) In general.-- * * *
* * * * * * *
(4) Coordination between MPOs.--If more than 1
metropolitan planning organization is designated within
an urbanized area (as defined by the Bureau of the
Census) under subsection (d)(7), the metropolitan
planning organizations designated within the area shall
ensure, to the maximum extent practicable, the
consistency of any data used in the planning process,
including information used in forecasting travel
demand.
(5) Savings clause.--Nothing in this subsection
requires metropolitan planning organizations designated
within a single urbanized area to jointly develop
planning documents, including a unified long-range
transportation plan or unified TIP.
* * * * * * *
(i) Development of Transportation Plan.--
(1) Requirements.-- * * *
* * * * * * *
(6) Participation by interested parties.--
(A) In general.-- * * *
* * * * * * *
(C) Methods.-- * * *
* * * * * * *
(D) Use of technology.--A metropolitan
planning organization may use social media and
other web-based tools--
(i) to further encourage public
participation; and
(ii) to solicit public feedback
during the transportation planning
process.
* * * * * * *
Sec. 135. Statewide and nonmetropolitan transportation planning
(a) General Requirements.-- * * *
* * * * * * *
(f) Long-range Statewide Transportation Plan.--
(1) Development.-- * * *
* * * * * * *
(3) Participation by interested parties.--
(A) In general.-- * * *
* * * * * * *
(B) Methods.-- * * *
* * * * * * *
(C) Use of technology.--A State may use
social media and other web-based tools--
(i) to further encourage public
participation; and
(ii) to solicit public feedback
during the transportation planning
process.
* * * * * * *
(g) Statewide Transportation Improvement Program.--
(1) Development.--
(A) In general.-- * * *
* * * * * * *
(3) Participation by interested parties.--In
developing the program, the State shall provide
citizens, affected public agencies, representatives of
public transportation employees, public ports, freight
shippers, private providers of transportation
(including intercity bus [operators),,] operators),
providers of freight transportation services,
representatives of users of public transportation,
representatives of users of pedestrian walkways and
bicycle transportation facilities, representatives of
the disabled, and other interested parties with a
reasonable opportunity to comment on the proposed
program.
* * * * * * *
(6) Project selection for areas of less than 50,000
population.--
(A) In general.-- * * *
* * * * * * *
(B) Other projects.--Projects carried out in
areas with populations of less than 50,000
individuals on the National Highway System or
under the bridge program or the Interstate
maintenance program under this title or under
sections [5310, 5311, 5316, and 5317] 5310 and
5311 of title 49 shall be selected, from the
approved statewide transportation improvement
program, by the State in consultation with the
affected nonmetropolitan local officials with
responsibility for transportation.
* * * * * * *
Sec. 139. Efficient environmental reviews for project [decisionmaking]
decisionmaking and One Federal Decision
(a) Definitions.--In this section, the following definitions
apply:
(1) Agency.--The term ``agency'' means any agency,
department, or other unit of Federal, State, local, or
Indian tribal government.
(2) Authorization.--The term `authorization' means
any environmental license, permit, approval, finding,
or other administrative decision related to the
environmental review process that is required under
Federal law to site, construct, or reconstruct a
project.
(3) Environmental document.--The term `environmental
document' includes an environmental assessment, finding
of no significant impact, notice of intent,
environmental impact statement, or record of decision
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
[(2)] (4) Environmental impact statement.--The term
``environmental impact statement'' means the detailed
statement of environmental impacts required to be
prepared under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
[(3)] (5) Environmental review process.--
(A) In general.--The term ``environmental
review process'' means the process for
preparing for a project an environmental impact
statement, environmental assessment,
categorical exclusion, or other document
prepared under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(B) Inclusions.--The term ``environmental
review process'' includes the [process for and
completion of any environmental permit] process
and schedule, including a timetable for and
completion of any environmental permit,
approval, review, or study required for a
project under any Federal law other than the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
[(4)] (6) Lead agency.--The term ``lead agency''
means the Department of Transportation and, if
applicable, any State or local governmental entity
serving as a joint lead agency pursuant to this
section.
(7) Major project.--
(A) In general.--The term `major project'
means a project for which--
(i) multiple permits, approvals,
reviews, or studies are required under
a Federal law other than the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(ii) the project sponsor has
identified the reasonable availability
of funds sufficient to complete the
project;
(iii) the project is not a covered
project (as defined in section 41001 of
the FAST Act (42 U.S.C. 4370m)); and
(iv)(I) the head of the lead agency
has determined that an environmental
impact statement is required; or
(II) the head of the lead agency has
determined that an environmental
assessment is required, and the project
sponsor requests that the project be
treated as a major project.
(B) Clarification.--In this section, the term
`major project' does not have the same meaning
as the term `major project' as described in
section 106(h).
[(5)] (8) Multimodal project.--The term ``multimodal
project'' means a project that requires the approval of
more than 1 Department of Transportation operating
administration or secretarial office.
[(6)] (9) Project.--
(A) In general.--The term ``project'' means
any highway project, public transportation
capital project, or multimodal project that, if
implemented as proposed by the project sponsor,
would require approval by any operating
administration or secretarial office within the
Department of Transportation.
(B) Considerations.--In determining whether a
project is a project under subparagraph (A),
the Secretary shall take into account, if
known, any sources of Federal funding or
financing identified by the project sponsor,
including any discretionary grant, loan, and
loan guarantee programs administered by the
Department of Transportation.
[(7)] (10) Project sponsor.--The term ``project
sponsor'' means the agency or other entity, including
any private or public-private entity, that seeks
approval of the Secretary for a project.
[(8)] (11) State transportation department.--The term
``State transportation department'' means any statewide
agency of a State with responsibility for one or more
modes of transportation.
(b) Applicability.--
(1) In general.--The project development procedures
in this section are applicable to all projects,
including major projects, for which an environmental
impact statement is prepared under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and may be applied, as requested by a project
sponsor and to the extent determined appropriate by the
Secretary, to other projects for which an environmental
document is prepared pursuant to such Act.
* * * * * * *
(c) Lead Agencies.--
(1) Federal lead agency.--
(A) In general.--The Department of
Transportation, or an operating administration
thereof designated by the Secretary, shall be
the Federal lead agency in the environmental
review process for a project.
* * * * * * *
(2) Joint lead agencies.--Nothing in this section
precludes another agency from being a joint lead agency
in accordance with regulations under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(3) Project sponsor as joint lead agency.--Any
project sponsor that is a State or local governmental
entity receiving funds under this title or chapter 53
of title 49 for the project shall serve as a joint lead
agency with the Department for purposes of preparing
any environmental document under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and may prepare any such environmental document
required in support of any action or approval by the
Secretary if the Federal lead agency furnishes guidance
in such preparation and independently evaluates such
document and the document is approved and adopted by
the Secretary prior to the Secretary taking any
subsequent action or making any approval based on such
document, whether or not the Secretary's action or
approval results in Federal funding.
* * * * * * *
(6) Roles and responsibility of lead agency.--With
respect to the environmental review process for any
project, the lead agency shall have authority and
responsibility--
(A) to take such actions as are necessary and
proper, within the authority of the lead
agency, to facilitate the expeditious
resolution of the environmental review process
for the project;
(B) to prepare or ensure that any required
environmental impact statement or other
document required to be completed under the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) is completed in accordance
with this section and applicable Federal law;
[and]
(C) to consider and respond to comments
received from participating agencies on matters
within the special expertise or jurisdiction of
those agencies[.] ; and
(D) to calculate annually the average time
taken by the lead agency to complete all
environmental documents for each project during
the previous fiscal year
(7) Process improvements for projects.--
(A) In general.--The Secretary shall review--
(i) existing practices, procedures,
rules, regulations, and applicable laws
to identify impediments to meeting the
requirements applicable to projects
under this section; and
(ii) best practices, programmatic
agreements, and potential changes to
internal departmental procedures that
would facilitate an efficient
environmental review process for
projects.
(B) Consultation.--In conducting the review
under subparagraph (A), the Secretary shall
consult, as appropriate, with the heads of
other Federal agencies that participate in the
environmental review process.
(C) Report.--Not later than 2 years after the
date of enactment of the America's
Transportation Infrastructure Act of 2019, the
Secretary shall submit to the Committee on
Environment and Public Works of the Senate and
the Committee on Transportation and
Infrastructure of the House of Representatives
a report that includes--
(i) the results of the review under
subparagraph (A); and
(ii) an analysis of whether
additional funding would help the
Secretary meet the requirements
applicable to projects under this
section.
(d) Participating Agencies.--
(1) In general.-- * * *
* * * * * * *
(8) Single [NEPA] environmental document.--
(A) In general.--Except as inconsistent with
paragraph (7) and except as provided in
subparagraph (D), to the maximum extent
practicable and consistent with Federal law,
all Federal [permits] authorizations and
reviews for a project shall rely on a [single
environment document] single environmental
document for each kind of environmental
document prepared under the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) under the leadership of the lead
agency.
(B) Use of document.--
(i) In general.--To the maximum
extent practicable, the lead agency
shall develop [an environmental
document] environmental documents
sufficient to satisfy the requirements
for any Federal approval or other
Federal action required for the
project, including [permits issued]
authorizations by other Federal
agencies.
* * * * * * *
(D) Exceptions.--The lead agency may waive
the application of subparagraph (A) with
respect to a project if--
(i) the project sponsor requests that
agencies issue separate environmental
documents;
(ii) the obligations of a cooperating
agency or participating agency under
the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) have
already been satisfied with respect to
the project; or
(iii) the lead agency determines that
reliance on a single environmental
document (as described in subparagraph
(A)) would not facilitate timely
completion of the environmental review
process for the project.
* * * * * * *
(10) Timely authorizations for major projects.--
(A) Deadline.--Except as provided in
subparagraph (C), all authorization decisions
necessary for the construction of a major
project shall be completed by not later than 90
days after the date of the issuance of a record
of decision for the major project.
(B) Detail.--The final environmental impact
statement for a major project shall include an
adequate level of detail to inform decisions
necessary for the role of the participating
agencies in the environmental review process.
(C) Extension of deadline.--The head of the
lead agency may extend the deadline under
subparagraph (A) if--
(i) Federal law prohibits the lead
agency or another agency from issuing
an approval or permit within the period
described in that subparagraph;
(ii) the project sponsor requests
that the permit or approval follow a
different timeline; or
(iii) an extension would facilitate
completion of the environmental review
and authorization process of the major
project.
* * * * * * *
(g) Coordination and Scheduling.--
(1) Coordination plan.--
(A) In general.-- * * *
* * * * * * *
(B) Schedule.--
(i) In general.-- * * *
* * * * * * *
(ii) Factors for consideration.-- * *
*
* * * * * * *
(IV) the overall [schedule
for and cost of] time required
by an agency to conduct an
environmental review and make
decisions under applicable
Federal law relating to a
project (including the issuance
or denial of a permit or
license) and the cost of the
project; and
(iii) Major project schedule.--To the
maximum extent practicable and
consistent with applicable Federal law,
in the case of a major project, the
lead agency shall develop, in
concurrence with the project sponsor, a
schedule for the major project that is
consistent with an agency average of
not more than 2 years for the
completion of the environmental review
process for major projects, as measured
from, as applicable--
(I) the date of publication
of a notice of intent to
prepare an environmental impact
statement to the record of
decision; or
(II) the date on which the
head of the lead agency
determines that an
environmental assessment is
required to a finding of no
significant impact.
* * * * * * *
[(D) Modification.--The lead agency may--
[(i) lengthen a schedule established
under subparagraph (B) for good cause;
and
[(ii) shorten a schedule only with
the concurrence of the affected
cooperating agencies.]
(D) Modification.--
(i) In general.--Except as provided
in clause (ii), the lead agency may
lengthen or shorten a schedule
established under subparagraph (B) for
good cause.
(ii) Exceptions.--
(I) Major projects.--In the
case of a major project, the
lead agency may lengthen a
schedule under clause (i) for a
cooperating Federal agency by
not more than 1 year after the
latest deadline established for
the major project by the lead
agency.
(II) Shortened schedules.--
The lead agency may not shorten
a schedule under clause (i) if
doing so would impair the
ability of a cooperating
Federal agency to conduct
necessary analyses or otherwise
carry out relevant obligations
of the Federal agency for the
project.
(E) Failure to meet deadline.--If a
cooperating Federal agency fails to meet a
deadline established under subparagraph
(D)(ii)(I)--
(i) the cooperating Federal agency
shall submit to the Secretary a report
that describes the reasons why the
deadline was not met; and
(ii) the Secretary shall--
(I) transmit to the Committee
on Environment and Public Works
of the Senate and the Committee
on Transportation and
Infrastructure of the House of
Representatives a copy of the
report under clause (i); and
(II) make the report under
clause (i) publicly available
on the internet.
[(E)] (F) Dissemination.--A copy of a
schedule under subparagraph (B), and of any
modifications to the schedule, shall be--
* * * * * * *
(k) Judicial Review and Savings Clause.--
(1) Judicial review.-- * * *
* * * * * * *
(2) Savings clause.--Nothing in this section shall be
construed as superseding, amending, or modifying the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) or any other Federal environmental
statute or affect the responsibility of any Federal
officer to comply with or enforce any such statute.
* * * * * * *
(p) Accountability and Reporting for Major Projects.--
(1) In general.--The Secretary shall establish a
performance accountability system to track each major
project.
(2) Requirements.--The performance accountability
system under paragraph (1) shall, for each major
project, track, at a minimum--
(A) the environmental review process for the
major project, including the project schedule;
(B) whether the lead agency, cooperating
agencies, and participating agencies are
meeting the schedule established for the
environmental review process; and
(C) the time taken to complete the
environmental review process.
(q) Development of Categorical Exclusions.--
(1) In general.--Not later than 60 days after the
date of enactment of this subsection, the Secretary
shall--
(A) in consultation with the agencies
described in paragraph (2), identify the
categorical exclusions described in section
771.117 of title 23, Code of Federal
Regulations (or successor regulations), that
would accelerate delivery of a project if those
categorical exclusions were available to those
agencies;
(B) collect existing documentation and
substantiating information on the categorical
exclusions described in subparagraph (A); and
(C) provide to each agency described in
paragraph (2) a list of the categorical
exclusions identified under subparagraph (A)
and the documentation and substantiating
information under subparagraph (B).
(2) Agencies described.--The agencies referred to in
paragraph (1) are--
(A) the Department of the Interior;
(B) the Department of the Army;
(C) the Department of Commerce;
(D) the Department of Agriculture;
(E) the Department of Energy;
(F) the Department of Defense; and
(G) any other Federal agency that has
participated in an environmental review process
for a project, as determined by the Secretary.
(3) Adoption of categorical exclusions.--
(A) In general.--Not later than 1 year after
the date on which the Secretary provides the
list under paragraph (1)(C), an agency
described in paragraph (2) shall publish a
notice of proposed rulemaking to propose any
categorical exclusions from the list applicable
to the agency, subject to the condition that
the categorical exclusion identified under
paragraph (1)(A) meets the criteria for a
categorical exclusion under section 1508.4 of
title 40, Code of Federal Regulations (or
successor regulations).
(B) Public comment.--In a notice of proposed
rulemaking under subparagraph (A), the
applicable agency may solicit comments on
whether any of the proposed new categorical
exclusions meet the criteria for a categorical
exclusion under section 1508.4 of title 40,
Code of Federal Regulations (or successor
regulations).
* * * * * * *
Sec. 140. Nondiscrimination
(a) Prior to approving any programs for projects as provided
for in section 135, the Secretary shall require assurances from
any State desiring to avail itself of the benefits of this
chapter that employment in connection with proposed projects
will be provided without regard to race, color, creed, national
origin, or sex. The Secretary shall require that each State
shall include in the advertised specifications, notification of
the specific equal employment opportunity responsibilities of
the successful bidder. In approving programs for projects on
any of the Federal-aid systems, the Secretary, necessary to
ensure equal employment opportunity, shall require
certification by any State desiring to avail itself of the
benefits of this chapter that there are in existence and
available on a regional, statewide, or local basis,
apprenticeship, skill improvement or other upgrading programs,
registered with the Department of Labor or the appropriate
State agency, if any, which provide equal opportunity for
training and employment without regard to race, color, creed,
national origin, or sex. In implementing such programs, a State
may reserve training positions for persons who receive welfare
assistance from such State; except that the implementation of
any such program shall not cause current employees to be
displaced or current positions to be supplanted or preclude
workers that are participating in an apprenticeship, skill
improvement, or other upgrading program registered with the
Department of Labor or the appropriate State agency from being
referred to, or hired on, projects funded under this title
without regard to the length of time of their participation in
such program. The Secretary shall periodically obtain from the
Secretary of Labor and the respective State transportation
departments information which will enable the Secretary to
judge compliance with the requirements of this section and the
Secretary of Labor shall render to the Secretary such
assistance and information as the Secretary of Transportation
shall deem necessary to carry out the equal employment
opportunity program required hereunder.
* * * * * * *
Sec. 142. Public transportation
(a)(1) * * *
* * * * * * *
[(i) The provisions of section 5323(a)(1)(D) of title 49
shall apply in carrying out subsection (a)(2) of this section.]
* * * * * * *
Sec. 143. Highway use tax evasion projects
(a) State Defined.--In this section, the term ``State'' means
the 50 States and the District of Columbia.
(b) Projects.--
(1) In general.--The Secretary shall carry out
highway use tax evasion projects in accordance with
this subsection.
(2) Funding.--
(A) In general.--From administrative funds
made available under section 104(a), the
Secretary may deduct such sums as are
necessary, not to exceed $4,000,000 for each of
[fiscal years 2016 through 2020] fiscal years
2021 through 2025, to carry out this section.
* * * * * * *
Sec. 144. National bridge and tunnel inventory and inspection standards
(a) Findings and Declarations.--
(1) Findings.-- * * *
* * * * * * *
(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,
replacementrehabilitation of highway bridges
and tunnels to ensure safety, resilience, and
extended service life;
* * * * * * *
(D) to ensure accountability and link
performance outcomes to investment decisions;
[and]
(E) to ensure connectivity and access for
residents of rural areas of the United States
through strategic investments in National
Highway System bridges and bridges on all
public roads[.] ; and
(F) to ensure adequate passage of aquatic and
terrestrial species, where appropriate.
(b) National Bridge and Tunnel Inventories.--The Secretary,
in consultation with the States and Federal agencies with
jurisdiction over highway bridges and tunnels, shall--
(1) * * *
* * * * * * *
(4) based on that classification, assign each a risk-
based priority for systematic preventative maintenance,
replacement, or rehabilitation; [and]
(5) determine the cost of replacing each
[structurally deficient bridge] bridge classified as in
poor condition. identified under this subsection with a
comparable facility or the cost of rehabilitating the
bridge[.] ; and
(6) determine if the replacement or rehabilitation of
bridges and tunnels should include measures to enable
safe and unimpeded movement for terrestrial and aquatic
species.
* * * * * * *
(i) Training Program for Bridge and Tunnel Inspectors.--
(1) In general.--The Secretary, in cooperation with
the State transportation departments, shall maintain a
program designed to train appropriate personnel to
carry out highway bridge and tunnel inspections.
(2) Revisions.--The training program shall be revised
from time to time to take into account new and improved
techniques.
(3) Requirement.--The first revision under paragraph
(2) after the date of enactment of the America's
Transportation Infrastructure Act of 2019 shall include
techniques to assess passage of aquatic and terrestrial
species and habitat restoration potential.
* * * * * * *
(j) Bundling of Bridge Projects.--
(1) Purpose.-- * * *
* * * * * * *
[(6) Engineering cost reimbursement.--The provisions
of section 102(b) do not apply to projects carried out
under this subsection.]
* * * * * * *
Sec. 147. Construction of ferry boats and ferry terminal facilities
(a) Program.-- * * *
* * * * * * *
[(h) Authorization of Appropriations.--There is authorized to
be appropriated out of the Highway Trust Fund (other than the
Mass Transit Account) to carry out this section $80,000,000 for
each of fiscal years 2016 through 2020.]
(h) Authorization of Appropriations.--There is authorized to
be appropriated out of the Highway Trust Fund (other than the
Mass Transit Account) to carry out this section--
(1) $86,000,000 for fiscal year 2021;
(2) $87,000,000 for fiscal year 2022;
(3) $88,000,000 for fiscal year 2023;
(4) $89,000,000 for fiscal year 2024; and
(5) $90,000,000 for fiscal year 2025.
* * * * * * *
Sec. 148. Highway safety improvement program
(a) Definitions.--In this section, the following definitions
apply:
(1) High risk rural road.-- * * *
* * * * * * *
(4) Highway safety improvement project.--
(A) In general.-- * * *
* * * * * * *
(B) Inclusions.--The term ``highway safety
improvement project'' only includes a project
for 1 or more of the following:
(i) An intersection safety
improvement. * * *
* * * * * * *
(xxvii) Roadway improvements that
provide separation between pedestrians
and motor vehicles, including medians
and pedestrian crossing islands.
(xxviii) Leading pedestrian
intervals.
[(xxviii)] (xxix) A physical
infrastructure safety project not
described in clauses (i) [through
(xxvii)] through (xxviii).
* * * * * * *
(9) Safety data.--
(A) In general.-- * * *
* * * * * * *
(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 a project,
consistent with the State strategic highway
safety plan, that--
(i) promotes public awareness and
informs the public regarding highway
safety matters (including motorcycle
safety);
(ii) facilitates enforcement of
traffic safety laws;
(iii) provides infrastructure and
infrastructure-related equipment to
support emergency services; or
(iv) conducts safety-related research
to evaluate experimental safety
countermeasures or equipment.
[(10)] (11) State highway safety improvement
program.-- * * *
* * * * * * *
[(11)] (12) State strategic highway safety plan.-- *
* *
* * * * * * *
[(12)] (13) Systemic safety improvement.--The term
``systemic safety improvement'' means an improvement
that is widely implemented based on high-risk roadway
features that are correlated with particular crash
types, rather than crash frequency.
* * * * * * *
(c) Eligibility.--
(1) In general.--To obligate funds apportioned under
section 104(b)(3) to carry out this section, a State
shall have in effect a State highway safety improvement
program under which the State--
(A) develops, implements, and updates a State
strategic highway safety plan that identifies
and analyzes highway safety problems and
opportunities as provided in [subsections
(a)(11)] subsections (a)(12) and (d);
* * * * * * *
(d) Updates to Strategic Highway Safety Plans.--
(1) Establishment of requirements.-- * * *
* * * * * * *
(2) Approval of updated strategic highway safety
plans.--
(A) In general.--Each State shall-- * * *
* * * * * * *
(B) Requirements for approval.--The Secretary
shall not approve the process for an updated
strategic highway safety plan unless--
(i) the updated strategic highway
safety plan is consistent with the
requirements of this subsection and
[subsection (a)(11)] subsection
(a)(12); and
* * * * * * *
(e) Eligible Projects.--
(1) In general.-- * * *
* * * * * * *
(3) Flexible funding for safety projects under any
other section.--
(A) In general.--To advance the
implementation of a State strategic highway
safety plan, a State may use not more than 25
percent of the amounts apportioned to the State
under section 104(b)(3) for a fiscal year to
carry out safety projects under any other
section.
(B) Other transportation and highway safety
plans.--Nothing in this paragraph requires a
State to revise any State process, plan, or
program in effect on the date of enactment of
this paragraph.
* * * * * * *
(i) State Performance Targets.--If the Secretary determines
that a State has not met or made significant progress toward
meeting the safety performance targets of the State established
under section 150(d), the State shall--
(1) * * *
* * * * * * *
(2) submit annually to the Secretary, until the
Secretary determines that the State has met or made
significant progress toward meeting the safety
performance targets of the State, an implementation
plan that--
(A) * * *
* * * * * * *
(D) describes how the proposed projects,
activities, and strategies funded under the
State highway safety improvement program will
allow the State to make progress toward
achieving the [safety safety] safetyrformance
targets of the State; and
* * * * * * *
Sec. 149. Congestion mitigation and air quality improvement program
(a) Establishment.--The Secretary shall establish and
implement a congestion mitigation and air quality improvement
program in accordance with this section.
(b) Eligible Projects.--Except as provided in [subsection
(d)] subsections (d) and (m)(1)(B)(ii), a State may obligate
funds apportioned to it under section 104(b)(4) for the
congestion mitigation and air quality improvement program only
for a transportation project or program if the project or
program is for an area in the State that is or was designated
as a nonattainment area for ozone, carbon monoxide, or
particulate matter under section 107(d) of the Clean Air Act
(42 U.S.C. 7407(d)) and classified pursuant to section 181(a),
186(a), 188(a), or 188(b) of the Clean Air Act (42 U.S.C.
7511(a), 7512(a), 7513(a), or 7513(b)) or is or was designated
as a nonattainment area under such section 107(d) after
December 31, 1997, or is required to prepare, and file with the
Administrator of the Environmental Protection Agency,
maintenance plans under the Clean Air Act (42 U.S.C. 7401 et
seq.) and--
(1)(A)(i) * * *
* * * * * * *
(8) if the project or program is for--
(A) the purchase of diesel retrofits that
are--
(i) * * *
* * * * * * *
(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; [or]
(9) if the project or program is for the installation
of vehicle-to-infrastructure communication equipment[.]
; and
(10) if the project is for the modernization or
rehabilitation of a lock and dam that--
(A) is functionally connected to the Federal-
aid highway system; and
(B) the Secretary determines is likely to
contribute to the attainment or maintenance of
a national ambient air quality standard; or
(11) if the project is on a marine highway corridor,
connector, or crossing designated by the Secretary
under section 55601(c) of title 46 (including an inland
waterway corridor, connector, or crossing) that--
(A) is functionally connected to the Federal-
aid highway system; and
(B) the Secretary determines is likely to
contribute to the attainment or maintenance of
a national ambient air quality standard.
(c) Special Rules.--
(1) Projects for PM-10 nonattainment areas.-- * * *
* * * * * * *
(4) Locks and dams; marine highways.--For each fiscal
year, a State may not obligate more than 10 percent of
the funds apportioned to the State under section
104(b)(4) for projects described in paragraphs (10) and
(11) of subsection (b).
* * * * * * *
[(m) Operating Assistance.--A State may obligate funds
apportioned under section 104(b)(4) in an area of such State
that is otherwise eligible for obligations of such funds for
operating costs under chapter 53 of title 49 or on a system for
which CMAQ funding was made available, obligated or expended in
fiscal year 2012, or on a State-Supported Amtrak route with a
valid cost-sharing agreement under section 209 of the Passenger
Rail Investment and Improvement Act of 2008 and no current
nonattainment areas under subsection (d), and shall have no
imposed time limitation.]
(m) Operating Assistance.--
(1) In general.--A State may obligate funds
apportioned under section 104(b)(4) in an area of the
State that is otherwise eligible for obligations of
such funds for operating costs--
(A) under chapter 53 of title 49; or
(B) on--
(i) a system for which CMAQ funding
was eligible, made available,
obligated, or expended in fiscal year
2012; or
(ii) a State-supported Amtrak route
with a valid cost-sharing agreement
under section 209 of the Passenger Rail
Investment and Improvement Act of 2008
(49 U.S.C. 24101 note; Public Law 110-
432) and no current nonattainment areas
under subsection (d).
(2) No time limitation.--Operating assistance
provided under paragraph (1) shall have no imposed time
limitation if the operating assistance is for--
(A) a route described in subparagraph (B)(ii)
of that paragraph; or
(B) a transit system that is located in--
(i) a non-urbanized area; or
(ii) an urbanized area with a
population of 200,000 or fewer.
* * * * * * *
Sec. 150. National goals and performance management measures
(a) Declaration of Policy.-- * * *
* * * * * * *
(e) Reporting on Performance Targets.-- * * *
* * * * * * *
(f) Exemptions for Low Population Density States.--
(1) In general.--The Secretary shall grant, on the
election of and in consultation with a State, an
exemption from 1 or more of the requirements described
in paragraph (2)(A) if the State--
(A) is on the list of eligible States under
paragraph (5) for the applicable performance
period; and
(B) provides a written notice of the election
that includes an explanation under paragraph
(4)(A).
(2) Requirements described.--
(A) State requirements.--The requirements
from which a State described in paragraph (1)
may elect an exemption are--
(i) requirements established under
subclauses (IV) and (V) of subsection
(c)(3)(A)(ii);
(ii) requirements established under
subsection (c)(5)(A);
(iii) requirements established under
subsection (c)(6); and
(iv) targeting, data, reporting, or
administrative requirements established
under subsections (d) and (e) that are
related to a requirement described in
clause (i), (ii), or (iii) from which
the State elects to receive an
exemption.
(B) Metropolitan planning organization
requirements.--A metropolitan planning
organization with a metropolitan planning area
that is located entirely within a State that is
exempt shall be exempt from the requirements
under section 134(h)(2)(B) that relate to each
measure described in subparagraph (A) from
which the State of the metropolitan planning
organization is exempt.
(3) Term.--An exemption applied under paragraph (1)
--
(A) shall be in effect until the date that is
4 years after the date on which the performance
period promulgated by the Secretary under
subsection (d) in effect at the time the
exemption is applied ends; and
(B) may be renewed by the State for an
additional 4-year term at the end of each
performance period if, in accordance with
paragraph (4)--
(i) the State submits another written
explanation; and
(ii) the State continues to be
included on the list of eligible States
under paragraph (5).
(4) Notification of election of exemption.--
(A) In general.--To be eligible to make an
election under paragraph (1), not later than
September 1 of the calendar year preceding the
calendar year in which the next performance
period promulgated by the Secretary under
subsection (d) begins, a State described in
that paragraph--
(i) shall submit to the Secretary--
(I) identification of the 1
or more requirements described
in paragraph (2)(A) for which
an exemption is elected; and
(II) a written notice that
includes an explanation
advising the Secretary that the
State is not experiencing
significant performance issues
on the surface transportation
system of the State with
respect to each requirement
referred to in subclause (I);
and
(ii) may submit to the Secretary any
other information or material that the
State chooses to include in the notice.
(B) Special rule.--Notwithstanding the
deadline described in subparagraph (A), a State
described in paragraph (1) may submit a notice
under subparagraph (A) at any time before
September 1, 2021.
(5) Eligible states.--
(A) In general.--Not later than 60 days after
the date of enactment of this subsection and
thereafter, on each September 1 of the calendar
year 2 years prior to the calendar year in
which the next performance period promulgated
by the Secretary under subsection (d) begins,
the Secretary shall publish a list of States
that may elect to receive an exemption from a
requirement described in paragraph (2)(A).
(B) Inclusions.--The Secretary shall include
on the list under subparagraph (A)--
(i) any State that--
(I) has a population per
square mile of area that is
less than the population per
square mile of area of the
United States, based on the
latest available Bureau of the
Census data at the time the
Secretary publishes the list;
(II) does not include an
urbanized area with a
population of over 200,000
within the State; and
(III) has no repeated delays
or other persistent impediments
to travel reliability on the
portions of the National
Highway System in the State
that the Secretary determines
to be excessive; and
(ii) based on the latest available
Bureau of the Census data at the time
the Secretary publishes the list, any
State that--
(I) has a population density
of less than 15 persons per
square mile of area; and
(II) does not include an
urbanized area with a
population of over 200,000.
(6) National reporting.--
(A) Eligible states.--For each State included
on the list of eligible States under paragraph
(5), the Secretary shall submit to the
Committee on Environment and Public Works of
the Senate and the Committee on Transportation
and Infrastructure of the House of
Representatives a report on the status of
traffic congestion, travel reliability, truck
travel reliability, and any other relevant
performance metrics on the portions of the
National Highway System in the State, including
any delays or impediments that the Secretary
determines to be excessive.
(B) Exempt states.--For each eligible State
under paragraph (5) that elects to receive an
exemption under paragraph (1), the Secretary
shall--
(i) submit to the Committee on
Environment and Public Works of the
Senate and the Committee on
Transportation and Infrastructure of
the House of Representatives a report
on the results of performance measures
for all exemptions applied to that
State under this subsection; and
(ii) make publicly available as part
of the State performance dashboard on
the Department of Transportation
website information on the performance
of the State with respect to any
requirements from which the State is
exempt.
* * * * * * *
Sec. 151. National electric vehicle charging and hydrogen, propane, and
natural gas fueling corridors
(a) In General.--[Not later than 1 year after the date of
enactment of the FAST Act, the Secretary shall] The Secretary
shall periodically designate national electric vehicle charging
and hydrogen, propane, and natural gas fueling corridors that
identify the near-and long-term need for, and location of,
electric vehicle charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, and natural gas
fueling infrastructure at strategic locations along major
national highways to improve the mobility of passenger and
commercial vehicles that employ electric, hydrogen fuel cell,
propane, and natural gas fueling technologies across the United
States.
(b) Designation of Corridors.--In designating the corridors
under subsection (a), the Secretary shall--
(1) solicit nominations from State and local
officials for facilities to be included in the
corridors;
(2) incorporate existing electric vehicle charging,
hydrogen fueling, propane fueling, and natural gas
fueling corridors previously designated by the Federal
Highway Administration or designated by a State or
group of States; and
* * * * * * *
(d) Redesignation.--Not later than [5 years after the date of
establishment of the corridors under subsection (a), and every
5 years thereafter,] 180 days after the date of enactment of
the America's Transportation Infrastructure Act of 2019, the
Secretary shall establish a recurring process to regularly
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
infrastructure, hydrogen fueling infrastructure,
propane fueling infrastructure, and natural gas fueling
infrastructure and standardization needs for
electricity providers, industrial gas providers,
natural gas providers, infrastructure providers,
vehicle manufacturers, electricity purchasers, and
natural gas purchasers; [and]
(2) [establishes an aspirational goal of achieving]
describes efforts, including through funds awarded
through the grant program under subsection (f), that
will aid efforts to achieve; and strategic deployment
of electric vehicle charging infrastructure, hydrogen
fueling infrastructure, propane fueling infrastructure,
and natural gas fueling infrastructure in those
corridors [by the end of fiscal year 2020.] ; and
(3) summarizes best practices and provides guidance,
developed through consultation with the Secretary of
Energy, for project development of electric vehicle
charging infrastructure, hydrogen fueling
infrastructure, and natural gas fueling infrastructure
at the State, Tribal, and local level to allow for the
predictable deployment of that infrastructure.
(f) Grant Program.--
(1) Establishment.--Not later than 1 year after the
date of enactment of the America's Transportation
Infrastructure Act of 2019, the Secretary shall
establish a grant program to award grants to eligible
entities to carry out the activities described in
paragraph (5).
(2) Eligible entities.--An entity eligible to receive
a grant under this subsection is--
(A) a State or political subdivision of a
State;
(B) a metropolitan planning organization;
(C) a unit of local government;
(D) a special purpose district or public
authority with a transportation function,
including a port authority;
(E) an Indian tribe (as defined in section 4
of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304));
(F) an authority, agency, or instrumentality
of, or an entity owned by, 1 or more entities
described in subparagraphs (A) through (E); or
(G) a group of entities described in
subparagraphs (A) through (F).
(3) Applications.--To be eligible to receive a grant
under this subsection, an eligible entity shall submit
to the Secretary an application at such time, in such
manner, and containing such information as the
Secretary shall require, including--
(A) a description of how the eligible entity
has considered--
(i) public accessibility of charging
or fueling infrastructure proposed to
be funded with a grant under this
subsection, including--
(I) charging or fueling
connector types and publicly
available information on real-
time availability; and
(II) payment methods to
ensure secure, convenient,
fair, and equal access;
(ii) collaborative engagement with
stakeholders (including automobile
manufacturers, utilities,
infrastructure providers, technology
providers, electric charging, hydrogen,
and natural gas fuel providers,
metropolitan planning organizations,
States, Indian tribes, and units of
local governments, fleet owners, fleet
managers, fuel station owners and
operators, labor organizations,
infrastructure construction and
component parts suppliers, and multi-
State and regional entities)--
(I) to foster enhanced,
coordinated, public-private or
private investment in electric
vehicle charging
infrastructure, hydrogen
fueling infrastructure, or
natural gas fueling
infrastructure;
(II) to expand deployment of
electric vehicle charging
infrastructure, hydrogen
fueling infrastructure, or
natural gas fueling
infrastructure;
(III) to protect personal
privacy and ensure
cybersecurity; and
(IV) to ensure that a
properly trained workforce is
available to construct and
install electric vehicle
charging infrastructure,
hydrogen fueling
infrastructure, or natural gas
fueling infrastructure;
(iii) the location of the station or
fueling site, such as consideration
of--
(I) the availability of
onsite amenities for vehicle
operators, such as restrooms or
food facilities;
(II) access in compliance
with the Americans with
Disabilities Act of 1990 (42
U.S.C. 12101 et seq.);
(III) height and fueling
capacity requirements for
facilities that charge or
refuel large vehicles, such as
semi-trailer trucks; and
(IV) appropriate distribution
to avoid redundancy and fill
charging or fueling gaps;
(iv) infrastructure installation that
can be responsive to technology
advancements, such as accommodating
autonomous vehicles and future charging
methods; and
(v) the long-term operation and
maintenance of the electric vehicle
charging infrastructure, hydrogen
fueling infrastructure, or natural gas
fueling infrastructure, to avoid
stranded assets and protect the
investment of public funds in that
infrastructure; and
(B) an assessment of the estimated emissions
that will be reduced through the use of
electric vehicle charging infrastructure,
hydrogen fueling infrastructure, or natural gas
fueling infrastructure, which shall be
conducted using the Alternative Fuel Life-Cycle
Environmental and Economic Transportation
(AFLEET) tool developed by Argonne National
Laboratory (or a successor tool).
(4) Considerations.--In selecting eligible entities
to receive a grant under this subsection, the Secretary
shall--
(A) consider the extent to which the
application of the eligible entity would--
(i) improve alternative fueling
corridor networks by--
(I) converting corridor-
pending corridors to corridor-
ready corridors; or
(II) in the case of corridor-
ready corridors, providing
redundancy--
(aa) to meet excess
demand for charging or
fueling infrastructure;
or
(bb) to reduce
congestion at existing
charging or fueling
infrastructure in high-
traffic locations;
(ii) meet current or anticipated
market demands for charging or fueling
infrastructure;
(iii) enable or accelerate the
construction of charging or fueling
infrastructure that would be unlikely
to be completed without Federal
assistance; and
(iv) support a long-term competitive
market for electric vehicle charging
infrastructure, hydrogen fueling
infrastructure, or natural gas fueling
infrastructure that does not
significantly impair existing electric
vehicle charging infrastructure,
hydrogen fueling infrastructure, or
natural gas fueling infrastructure
providers;
(B) ensure, to the maximum extent
practicable, geographic diversity among grant
recipients to ensure that electric vehicle
charging infrastructure, hydrogen fueling
infrastructure, or natural gas fueling
infrastructure is available throughout the
United States;
(C) consider whether the private entity that
the eligible entity contracts with under
paragraph (5)--
(i) submits to the Secretary the most
recent year of audited financial
statements; and
(ii) has experience in installing and
operating electric vehicle charging
infrastructure, hydrogen fueling
infrastructure, or natural gas fueling
infrastructure; and
(D) consider whether, to the maximum extent
practicable, the eligible entity and the
private entity that the eligible entity
contracts with under paragraph (5) enter into
an agreement--
(i) to operate and maintain publicly
available electric vehicle charging
infrastructure, hydrogen fueling
infrastructure, or natural gas
infrastructure; and
(ii) that provides a remedy and an
opportunity to cure if the requirements
described in clause (i) are not met.
(5) Use of funds.--
(A) In general.--An eligible entity receiving
a grant under this subsection shall only use
the funds in accordance with this paragraph to
contract with a private entity for acquisition
and installation of publicly accessible
electric vehicle charging infrastructure,
hydrogen fueling infrastructure, or natural gas
fueling infrastructure that is directly related
to the charging or fueling of a vehicle.
(B) Location of infrastructure.--Any electric
vehicle charging infrastructure, hydrogen
fueling infrastructure, or natural gas fueling
infrastructure acquired and installed with a
grant under this subsection shall be located
along an alternative fuel corridor designated--
(i) under this section, on the
condition that any affected Indian
tribes are consulted before the
designation; or
(ii) by a State or group of States,
such as the Regional Electric Vehicle
West Plan of the States of Arizona,
Colorado, Idaho, Montana, Nevada, New
Mexico, Utah, and Wyoming, on the
condition that any affected Indian
tribes are consulted before the
designation.
(C) Operating assistance.--
(i) In general.--Subject to clauses
(ii) and (iii), an eligible entity that
receives a grant under this subsection
may use a portion of the funds to
provide to a private entity operating
assistance for the first 5 years of
operations after the installation of
electric vehicle charging
infrastructure, hydrogen fueling
infrastructure, or natural gas fueling
infrastructure while the facility
transitions to independent system
operations.
(ii) Inclusions.--Operating
assistance under this subparagraph
shall be limited to costs allocable to
operating and maintaining the electric
vehicle charging infrastructure,
hydrogen fueling infrastructure, or
natural gas fueling infrastructure and
service, including costs associated
with labor, marketing, and
administrative costs.
(iii) Limitation.--Operating
assistance under this subparagraph may
not exceed the amount of a contract
under subparagraph (A) to acquire and
install publicly accessible electric
vehicle charging infrastructure,
hydrogen fueling infrastructure, or
natural gas fueling infrastructure.
(D) Signs.--
(i) In general.--Subject to this
paragraph and paragraph (6)(B), an
eligible entity that receives a grant
under this subsection may use a portion
of the funds to acquire and install--
(I) traffic control devices
located in the right-of-way to
provide directional information
to electric vehicle charging
infrastructure, hydrogen
fueling infrastructure, or
natural gas fueling
infrastructure acquired,
installed, or operated with the
grant; and
(II) on-premises signs to
provide information about
electric vehicle charging
infrastructure, hydrogen
fueling infrastructure, or
natural gas fueling
infrastructure acquired,
installed, or operated with a
grant under this subsection.
(ii) Applicability.--Clause (i) shall
apply only to an eligible entity that--
(I) receives a grant under
this subsection; and
(II) is using that grant for
the acquisition and
installation of publicly
accessible electric vehicle
charging infrastructure,
hydrogen fueling
infrastructure, or natural gas
fueling infrastructure.
(iii) Limitation on amount.--The
amount of funds used to acquire and
install traffic control devices and on-
premises signs under clause (i) may not
exceed the amount of a contract under
subparagraph (A) to acquire and install
publicly accessible charging or fueling
infrastructure.
(iv) No new authority created.--
Nothing in this subparagraph authorizes
an eligible entity that receives a
grant under this subsection to acquire
and install traffic control devices or
on-premises signs if the entity is not
otherwise authorized to do so.
(E) Revenue.--An eligible entity receiving a
grant under this subsection and a private
entity referred to in subparagraph (A) may
enter into a cost-sharing agreement under which
the private entity submits to the eligible
entity a portion of the revenue from the
electric vehicle charging infrastructure,
hydrogen fueling infrastructure, or natural gas
fueling infrastructure.
(6) Project requirements.--
(A) In general.--Notwithstanding any other
provision of law, any project funded by a grant
under this subsection shall be treated as a
project on a Federal-aid highway under this
chapter.
(B) Signs.--Any traffic control device or on-
premises sign acquired, installed, or operated
with a grant under this subsection shall comply
with--
(i) the Manual on Uniform Traffic
Control Devices, if located in the
right-of-way; and
(ii) other provisions of Federal,
State, and local law, as applicable.
(7) Federal share.--
(A) In general.--The Federal share of the
cost of a project carried out with a grant
under this subsection shall not exceed 80
percent of the total project cost.
(B) Responsibility of private entity.--As a
condition of contracting with an eligible
entity under paragraph (5), a private entity
shall agree to pay the share of the cost of a
project carried out with a grant under this
subsection that is not paid by the Federal
Government under subparagraph (A).
(8) Report.--Not later than 3 years after the date of
enactment of this subsection, the Secretary shall
submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives and make
publicly available a report on the progress and
implementation of this subsection.
* * * * * * *
Sec. 165. Territorial and Puerto Rico highway program
(a) Division of Funds.--Of funds made available in a fiscal
year for the territorial and Puerto Rico highway program--
[(1) $158,000,000 shall be for the Puerto Rico
highway program under subsection (b); and
[(2) $42,000,000 shall be for the territorial highway
program under subsection (c).]
(1) for the Puerto Rico highway program under
subsection (b)--
(A) $161,500,000 shall be for fiscal year
2021;
(B) $165,000,000 shall be for fiscal year
2022;
(C) $168,000,000 shall be for fiscal year
2023;
(D) $171,000,000 shall be for fiscal year
2024; and
(E) $175,500,000 shall be for fiscal year
2025; and
(2) for the territorial highway program under
subsection (c)--
(A) $43,000,000 shall be for fiscal year
2021;
(B) $43,000,000 shall be for fiscal year
2022;
(C) $44,000,000 shall be for fiscal year
2023;
(D) $45,000,000 shall be for fiscal year
2024; and
(E) $46,000,000 shall be for fiscal year
2025.
* * * * * * *
(c) Territorial Highway Program.--
(1) Territory defined.-- * * *
* * * * * * *
(7) Location of projects.--Territorial highway
program projects (other than those described in
[paragraphs (1) through (4) of section 133(c) and
section 133(b)(12))] paragraphs (1), (2), (3), and (5)
of section 133(c) and section 133(b)(13) may not be
undertaken on roads functionally classified as local.
* * * * * * *
Sec. 166. HOV facilities
(a) In General.--
[(1) AUTHORITY PUBLIC AUTHORITIES.--
A public authority]
(1) Authority of public authorities.--A public
authority that has jurisdiction over the operation of a
HOV facility shall establish the occupancy requirements
of vehicles operating on the facility.
* * * * * * *
Sec. 167. National highway freight program
(a) In General.--
(1) Policy.-- * * *
* * * * * * *
(e) Critical Rural Freight Corridors.--
(1) In general.-- * * *
* * * * * * *
(2) Limitation.--A State may designate as critical
rural freight corridors a maximum of [150 miles] 300
miles of highway or 20 percent of the primary highway
freight system mileage in the State, whichever is
greater.
(3) Rural states.--Notwithstanding paragraph (2), a
State with a population per square mile of area that is
less than the national average, based on the 2010
census, may designate as critical rural freight
corridors a maximum of 600 miles of highway or 25
percent of the primary highway freight system mileage
in the State, whichever is greater.
(f) Critical Urban Freight Corridors.--
(1) Urbanized area with population of 500,000 or
more.-- * * *
* * * * * * *
(4) Limitation.--For each State, a maximum of [75
miles] 150 miles of highway or 10 percent of the
primary highway freight system mileage in the State,
whichever is greater, may be designated as a critical
urban freight corridor under paragraphs (1) and (2
* * * * * * *
[(h) Highway Freight Transportation Conditions and
Performance Reports.--Not later than 2 years after the date of
enactment of the FAST Act, and biennially thereafter, the
Administrator shall prepare and submit to Congress a report
that describes the conditions and performance of the National
Highway Freight Network in the United States.]
[(i)] (h) Use of Apportioned Funds.--
(1) In general.-- * * *
* * * * * * *
(5) Eligibility.--
(A) In general.-- * * *
* * * * * * *
(B) Other projects.--For each fiscal year, a
State may obligate not more than [10 percent]
30 percent of the total apportionment of the
State under section 104(b)(5) for freight
intermodal or freight rail projects, including
projects--
(i) within the boundaries of public
or private freight rail or water
facilities (including ports); [and]
(ii) that provide surface
transportation infrastructure necessary
to facilitate direct intermodal
interchange, transfer, and access into
or out of the facility[.] ; and
(iii) for the modernization or
rehabilitation of a lock and dam, if
the Secretary determines that the
project--
(I) is functionally connected
to the National Highway Freight
Network; and
(II) is likely to reduce on-
road mobile source emissions;
and
(iv) on a marine highway corridor,
connector, or crossing designated by
the Secretary under section 55601(c) of
title 46 (including an inland waterway
corridor, connector, or crossing), if
the Secretary determines that the
project--
(I) is functionally connected
to the National Highway Freight
Network; and
(II) is likely to reduce on-
road mobile source emissions.
* * * * * * *
[(j)] (i) State Performance Targets.-- * * *
* * * * * * *
[(k)] (j) Intelligent Freight Transportation System.-- * * *
* * * * * * *
[(l)] (k) Treatment of Freight Projects.--Notwithstanding any
other provision of law, a freight project carried out under
this section shall be treated as if the project were on a
Federal-aid highway. * * *
* * * * * * *
Sec. 170. Funding flexibility for transportation emergencies
(a) In General.-- * * *
* * * * * * *
Sec. 171. Balance exchanges for infrastructure program
(a) Definitions.--In this section:
(1) Administratively allocated.--The term
`administratively allocated' means the allocation by
the Secretary of budget authority for a project under
the TIFIA program that occurs when--
(A) a potential applicant has been invited
into the creditworthiness phase for a project
under the TIFIA program; or
(B) the project is subject to a master credit
agreement (as defined in section 601(a)), in
accordance with section 602(b)(2).
(2) Appalachian state.--The term `Appalachian State'
means a State that contains 1 or more counties in the
Appalachian region (as defined in section 14102(a) of
title 40).
(3) Program.--The term `program' means the Balance
Exchanges for Infrastructure Program established under
subsection (b).
(4) TIFIA carryover balance.--
(A) In general.--The term `TIFIA carryover
balance' means the amounts made available for
the TIFIA program for previous fiscal years
that are unobligated and have not been
administratively allocated.
(B) Inclusion.--The term `TIFIA carryover
balance' includes--
(i) the applicable amount of contract
authority for the amounts described in
subparagraph (A); and
(ii) the equivalent amount of
obligation limitation for the fiscal
year in which the Secretary makes a
transfer under subsection (f)(2).
(5) TIFIA program.--The term `TIFIA program' has the
meaning given the term in section 601(a).
(b) Establishment.--The Secretary shall establish a program,
to be known as the `Balance Exchanges for Infrastructure
Program', in accordance with this section to provide
flexibility for the Secretary and States to improve highway
infrastructure.
(c) Offer to Fund Projects or Exchange Funds.--
(1) Solicitation.--For each fiscal year for which an
amount is reserved under subsection (f)(1), the
Secretary shall--
(A) not later than December 1 of that fiscal
year--
(i) solicit requests from Appalachian
States to return amounts under
subsection (d)(1)(A); and
(ii) solicit applications from
Appalachian States for grants under
subsection (e); and
(B) require that, not later than 60 days
after the date of the solicitations under
subparagraph (A), each Appalachian State that
elects to participate in the program shall
submit to the Secretary either--
(i) a request that describes the
amount that the Appalachian State
requests to return under subsection
(d)(1)(A); or
(ii) an application for a grant under
subsection (e).
(d) Exchange Agreements.--
(1) In general.--The Secretary shall enter into an
agreement with each Appalachian State that submits a
request under subsection (c)(1)(A)(i) under which--
(A) the Appalachian State shall return to the
Secretary all, or at the discretion of the
Appalachian State, a portion of, the
unobligated amounts from the Highway Trust Fund
(including the applicable amount of contract
authority and an equal amount of special no-
year obligation limitation associated with that
contract authority) apportioned to the
Appalachian State for the Appalachian
development highway system under section 14501
of title 40 (but not including any amounts made
available by an appropriations Act without an
initial authorization); and
(B) the Secretary shall transfer to the
Appalachian State, from amounts transferred to
the program under subsection (f)(2) for that
fiscal year, an amount (including the
applicable amount of contract authority and an
equal amount of annual obligation limitation)
equal to the amount that the Appalachian State
returned under subparagraph (A) that shall be
used to carry out projects described in
paragraph (3).
(2) State limitation.--The amount of contract
authority returned by an Appalachian State under
paragraph (1)(A) may not exceed the amount of the
special no-year obligation limitation available to the
Appalachian State prior to the return of the special
no-year obligation limitation under that paragraph.
(3) Eligible projects.--
(A) In general.--A project eligible to be
carried out using funds transferred to an
Appalachian State under paragraph (1)(B) is a
project described in section 133(b).
(B) Federal share.--The Federal share of the
cost of a project carried out using funds
transferred to an Appalachian State under
paragraph (1)(B) shall be up to 100 percent, at
the discretion of the Appalachian State.
(C) Application of section 133.--Except as
otherwise provided in this paragraph, section
133 shall not apply to a project carried out
using funds transferred to an Appalachian State
under paragraph (1)(B).
(4) Total limitation.--For each fiscal year, the
total amount exchanged under paragraph (1) shall not
exceed the amount available to be transferred to the
program under subsection (f).
(5) Amounts exchanged.--For each fiscal year, if the
total amount requested by all Appalachian States to
return under paragraph (1)(A) is greater than the
amount available to be transferred to the program under
subsection (f), the Secretary shall exchange amounts
under paragraph (1) based on the proportion that--
(A) the amount requested to be returned for
the fiscal year by the Appalachian State; bears
to
(B) the amount requested to be returned for
the fiscal year by all Appalachian States.
(e) Appalachian Development Highway System Corridor Grants.--
(1) In general.--Using amounts returned to the
Secretary under subsection (d)(1)(A), the Secretary
shall provide grants of contract authority, to remain
available until expended, and subject to special no-
year obligation limitation, on a competitive basis to
Appalachian States for eligible projects described in
paragraph (2).
(2) Eligible project.--A project eligible to be
carried out with a grant under this subsection is a
project that is--
(A) eligible under section 14501 of title 40
as of the date of enactment of this section;
and
(B) reasonably expected to begin construction
by not later than 2 years after the date of
obligation of funds provided under this
subsection for the project.
(3) Application.--To be eligible to receive a grant
under this subsection, an Appalachian State shall
submit to the Secretary an application at such time, in
such manner, and containing such information as the
Secretary may require.
(4) Federal share.--The Federal share of the cost of
a project carried out using a grant provided under this
subsection shall be up to 100 percent, at the
discretion of the Appalachian State.
(5) Limitation.--An Appalachian State that enters
into an agreement to exchange funds under subsection
(d) for any fiscal year shall not be eligible to
receive a grant under this subsection.
(f) Transfer From TIFIA Program.--
(1) In general.--On October 1 of each fiscal year,
the Secretary shall reserve, for the purpose of funding
transfers under paragraph (2) until the transfers are
completed, the amount of TIFIA carryover balance that
exceeds the amount authorized to carry out the TIFIA
program for that fiscal year.
(2) Transfers.--For each fiscal year, not later than
60 days after the date on which the Secretary receives
the responses to the solicitations under subsection
(c)(1) or the date on which the full appropriation for
that fiscal year is available, whichever is later, the
Secretary shall transfer from the TIFIA program to the
program an amount of contract authority and an equal
amount of obligation limitation, to remain available
until expended, that is equal to the lesser of--
(A) the total amount requested by all
Appalachian States for the fiscal year under
subsection (c)(1)(B)(i);
(B) the total amount requested by all
Appalachian States for grants under subsection
(c)(1)(B)(ii); and
(C) the amount reserved under paragraph (1).
Sec. 172. Formula safety incentive program
(a) Definitions.--In this section:
(1) Metropolitan planning organization; urbanized
area.--The terms `metropolitan planning organization'
and `urbanized area' have the meaning given those terms
in section 134(b).
(2) Transportation management area.--The term
`transportation management area' means a transportation
management area identified or designated by the
Secretary under section 134(k)(1).
(3) Vulnerable road user.--The term `vulnerable road
user' means a nonmotorist (as that term is used in the
Fatality Analysis Reporting System of the National
Highway Traffic Safety Administration).
(4) Vulnerable road user safety focus area.--The term
`vulnerable road user safety focus area' means--
(A) an urbanized area with combined fatality
rate of vulnerable road users that is greater
than 1.5 per 100,000 individuals; or
(B) a State in which fatalities of vulnerable
road users combined represents not less than 15
percent of the total annual crash fatalities in
the State.
(b) Formula Funding Awards.--
(1) In general.--For each fiscal year, the Secretary
shall distribute among the States the amounts made
available to carry out this section for that fiscal
year in accordance with paragraph (2).
(2) Distribution.--The amount for each State shall be
determined by multiplying the total amount of funding
made available to carry out this section for the
applicable fiscal year by the ratio that--
(A) the total base apportionment for the
State under section 104(c); bears to
(B) the total base apportionments for all
States under section 104(c).
(c) Safety Supplemental.--
(1) In general.--A State shall use 50 percent of the
amount distributed to the State under subsection (b)
for each fiscal year to carry out the eligible
activities under paragraph (2).
(2) Eligible activities.--
(A) States.--Subject to paragraph (4)(A), a
State shall use the funds under paragraph (1)
for a highway safety improvement project or
strategy included on the State strategic
highway safety plan (as defined in section
148(a)) of the State.
(B) MPOs.--Subject to paragraph (4)(B), a
metropolitan planning organization that is
required to obligate funds under subsection (e)
shall use the funds under paragraph (1) for a
highway safety improvement project (as defined
in section 148(a)).
(3) Federal share.--The Federal share of the cost of
a project carried out with funds under paragraph (1)
shall be determined in accordance with section 120.
(4) Limitation on flexibility.--
(A) States.--Notwithstanding paragraph
(2)(A), a State that is a vulnerable road user
safety focus area shall use the funds under
paragraph (1) for a highway safety improvement
project (as defined in section 148(a)) to
improve the safety of vulnerable road users,
regardless of whether the project is included
on the State strategic highway safety plan (as
defined in section 148(a)) of the State.
(B) MPOs.--Notwithstanding paragraph (2)(B),
a metropolitan planning organization that is
required to obligate funds under subsection (e)
that contains an area designated as a
vulnerable road user safety focus area shall
use the funds under paragraph (1) for a highway
safety improvement project (as defined in
section 148(a)) to improve the safety of
vulnerable road users.
(d) Safety Planning Incentive.--
(1) Vulnerable road user safety assessments.--
(A) In general.--A State may, in consultation
with metropolitan planning organizations within
the State, develop and publish a State
vulnerable road user safety assessment
described in subparagraph (B).
(B) State vulnerable road user safety
assessment described.--A vulnerable road user
safety assessment referred to in subparagraph
(A) is an assessment of the safety performance
of the State with respect to vulnerable road
users and the plan of the State, developed in
consultation with the metropolitan planning
organizations within the State, if any, to
improve the safety of vulnerable road users,
which shall--
(i) include the approximate location
within the State of each vulnerable
road user fatality during the most
recently reported 2-year period of
final data from the Fatality Analysis
Reporting System of the National
Highway Traffic Safety Administration
and the operating speed of the roadway
at that location;
(ii) include the corridors within the
State on which a vulnerable road user
fatality has occurred during the most
recently reported 2-year period of
final data from the Fatality Analysis
Reporting System of the National
Highway Traffic Safety Administration
and the operating speeds of those
corridors;
(iii) include a list of projects
within the State that primarily address
the safety of vulnerable road users
that--
(I) have been completed
during the 2 most recent fiscal
years prior to date of the
publication of the vulnerable
road user safety assessment,
including the amount of funding
that has been dedicated to
those projects, described in
total amounts and as a
percentage of total capital
expenditures;
(II) are planned to be
completed during the 2 fiscal
years following the date of the
publication of the vulnerable
road user assessment, including
the amount of funding that the
State plans to be dedicated to
those projects, described in
total amounts and as a
percentage of total capital
expenditures; and
(III) have the potential to
be included on the list
described in subclause (II)
once the permitting and
approval processes for those
projects are complete,
including the reason for the
delay in the completion of
those processes, if any; and
(iv) be reviewed and certified by the
Secretary to have met the requirements
of this subparagraph.
(2) Acceleration of safety project delivery.--For
each project identified by a State under paragraph
(1)(B)(iii)(III), to the maximum extent practicable,
the Secretary, in consultation with the State, shall
use the authority under section 1420 of the FAST Act
(23 U.S.C. 101 note; Public Law 114-94) to accelerate
delivery of the project.
(3) Safety plan incentive.--A State shall use 50
percent of the amounts made available to the State
under subsection (b) for each fiscal year to carry out
eligible activities under paragraph (4).
(4) Eligible activities.--
(A) In general.--A State and any metropolitan
planning organization in the State that is
required to obligate funds under subsection (e)
may use funds under paragraph (3) for a project
or strategy described in subsection (c)(2).
(B) Additional eligibility incentive.--In
addition to the eligible activities under
subparagraph (A), a State and any metropolitan
planning organization in the State that is
required to obligate funds under subsection (e)
may use the funds under paragraph (3) for a
project eligible under section 133(b) if--
(i) the State has, within the fiscal
year prior to the fiscal year in which
the Secretary is making the grant or by
a deadline established by the Secretary
in the fiscal year in which the
Secretary is making the grant,
conducted and published a vulnerable
road user safety assessment described
in paragraph (1)(B) that has been
approved by the Secretary under clause
(iv) of that paragraph; or
(ii) for a State that has previously
published a vulnerable road user safety
assessment described in paragraph
(1)(B) that has been approved by the
Secretary under clause (iv) of that
paragraph--
(I) the State has, within the
fiscal year prior to the fiscal
year in which the Secretary is
making the grant or by a
deadline established by the
Secretary in the fiscal year in
which the Secretary is making
the grant, updated the
estimates described in clauses
(i) and (ii) of paragraph
(1)(B); and
(II) the State and the
metropolitan planning
organization have, within the 4
fiscal years prior to the
fiscal year in which the
Secretary is making the grant
or by a deadline established by
the Secretary in the fiscal
year in which the Secretary is
making the grant, incorporated
a vulnerable road user safety
assessment described in
paragraph (1)(B) into--
(aa) a long-range
transportation plan
developed by the
metropolitan planning
organization under
section 134(c), if any;
and
(bb) the long-range
statewide
transportation plan
developed by the State
under section
135(f)(1).
(5) Federal share.--The Federal share of the cost of
a project carried out using funds under paragraph (3)--
(A) in the case of a State or metropolitan
planning organization within a State that meets
the requirements under paragraph (4)(B), may be
up to 100 percent, at the discretion of the
State; and
(B) in the case of a State or metropolitan
planning organization within a State that is
not described in subparagraph (A), shall be
determined in accordance with section 120.
(e) Suballocation Requirements.--
(1) In general.--For each fiscal year, of the funds
made available to a State under subsections (c) and
(d)--
(A) 65 percent of each amount shall be
obligated, in proportion to their relative
shares of the population of the State--
(i) in urbanized areas of the State
with an urbanized area population of
over 200,000; and
(ii) in other areas of the State; and
(B) the remainder may be obligated in any
area of the State.
(2) Metropolitan areas.--Funds attributed to an
urbanized area under paragraph (1)(A)(i) may be
obligated in the metropolitan area established under
section 134 that encompasses the urbanized area.
(3) Distribution among urbanized areas of over
200,000 population.--
(A) In general.--Except as provided in
subparagraph (B), the amount that a State is
required to obligate under paragraph (1)(A)(i)
shall be obligated in urbanized areas described
in paragraph (1)(A)(i) based on the relative
population of the areas.
(B) Other factors.--The State may obligate
the funds described in subparagraph (A) based
on other factors if--
(i) the State and the relevant
metropolitan planning organizations
jointly apply to the Secretary for the
permission to base the obligation on
other factors; and
(ii) the Secretary grants the
request.
(4) Consultation in urbanized areas.--Before
obligating funds for an activity under subsections (c)
or (d) in an urbanized area that is not a
transportation management area, a State shall consult
with any metropolitan planning organization that
represents the urbanized area prior to determining
which activities should be carried out.
(5) Consultation in rural areas.--Before obligating
funds for an eligible activity under subsections (c)
and (d) in a rural area, a State shall consult with any
regional transportation planning organization or
metropolitan planning organization that represents a
rural area of the State prior to determining which
activities should be carried out.
Sec. 173. Fatality reduction performance program
(a) Definitions.--In this section:
(1) Metropolitan planning organization; urbanized
area.--The terms `metropolitan planning organization'
and `urbanized area' have the meaning given those terms
in section 134(b).
(2) Qualifying state.--The term `qualifying State'
means a State in which--
(A) the average fatality and serious injury
rates per 100,000,000 vehicle-miles-traveled
within the State during the 3-year period
beginning on January 1 of the fiscal year that
was 3 years prior to the fiscal year in which
the Secretary is making the grant under this
section has grown more slowly or declined, as
compared to the average fatality and serious
injury rates per 100,000,000 vehicle-miles-
traveled within the State during the 3-year
period beginning on January 1 of the fiscal
year that was 6 years prior to the fiscal year
in which the Secretary is making the grant
under this section;
(B) the average annual number of serious
injuries and fatalities within the State, as
measured on a per capita basis, during the 3-
year period beginning on January 1 of the
fiscal year that was 3 years prior to the
fiscal year in which the Secretary is making
the grant under this section has grown more
slowly or declined, as compared to the average
annual number of serious injuries and
fatalities within the State, as measured on a
per capita basis, during the 3-year period
beginning on January 1 of the fiscal year that
was 6 years prior to the fiscal year in which
the Secretary is making the grant under this
section;
(C) the average annual number of fatalities
within the State, as measured on a per capita
basis, during the 3-year period beginning on
January 1 of the fiscal year that was 3 years
prior to the fiscal year in which the Secretary
is making the grant under this section is less
than \1/2\ of the nationwide average annual per
capita number of fatalities during that period;
or
(D)(i) the performance targets set by the
State under subsection (d)(1) of section 150,
in accordance with subsection (c)(4) of that
section, in the most recently completed
performance cycle prior to the year in which
the Secretary is making the funds available
under this section demonstrate a reduction in
the number and rate of serious injuries and
fatalities; and
(ii) the State has met or exceeded the
performance targets described in clause (i).
(3) Qualifying unit of local government.--The term
`qualifying unit of local government' means a unit of
local government in an urbanized area served by a
metropolitan planning organization in which--
(A) the average fatality and serious injury
rates per 100,000,000 vehicle-miles-traveled
within the urbanized area during the 3-year
period beginning on January 1 of the fiscal
year that was 3 years prior to the fiscal year
in which the Secretary is making the grant
under this section has grown more slowly or
declined, as compared to the average fatality
and serious injury rates per 100,000,000
vehicle-miles-traveled within the urbanized
area during the 3-year period beginning on
January 1 of the fiscal year that was 6 years
prior to the fiscal year in which the Secretary
is making the grant under this section;
(B) the average annual number of serious
injuries and fatalities within the urbanized
area, as measured on a per capita basis, during
the 3-year period beginning on January 1 of the
fiscal year that was 3 years prior to the
fiscal year in which the Secretary is making
the grant under this section has grown more
slowly or declined, as compared to the average
annual per capita number of serious injuries
and fatalities within the urbanized area during
the 3-year period beginning on January 1 of the
fiscal year that was 6 years prior to the
fiscal year in which the Secretary is making
the grant under this section;
(C) the average annual number of fatalities
within the urbanized area, as measured on a per
capita basis, during the 3-year period
beginning on January 1 of the fiscal year that
was 3 years prior to the fiscal year in which
the Secretary is making the grant under this
section is less than \1/2\ of the nationwide
average annual per capita number of fatalities
during that period; or
(D)(i) the performance targets set for the
urbanized area under section 150(c)(4), in
accordance with section 134(h)(2)(B)(i), in the
most recently completed performance cycle prior
to the year in which the Secretary is making
the grant under this section demonstrate a
reduction in the number and rate of serious
injuries and fatalities; and
(ii) the urbanized area has met or exceeded
the performance targets described in clause
(i).
(4) Serious injuries and fatalities.--The term
`serious injuries and fatalities' means serious
injuries and fatalities, as measured in accordance with
the measures established under section 150(c)(4).
(b) Fatality Reduction Performance and Planning Recognition
Awards.--
(1) In general.--The Secretary shall establish a
competitive grant program to award grants to eligible
entities in recognition of the achievement of the
eligible entity in meeting the performance categories
described in paragraph (3)(A).
(2) Eligible entities.--The Secretary shall
distribute amounts under paragraph (1) to any of the
following:
(A) A qualifying State.
(B) A qualifying unit of local government.
(3) Performance categories.--
(A) In general.--The Secretary shall select
eligible entities to receive a grant under
paragraph (1) to recognize the achievement of
the eligible entity in meeting any of the
following performance categories:
(i) Significant progress in reducing
serious injuries and fatalities, as
measured on a per capita basis.
(ii) Significant progress in reducing
the rates of serious injuries and
fatalities per vehicle-mile traveled.
(iii) Having a per capita number of
serious injuries and fatalities that is
among the lowest of jurisdictions with
comparable population and surface
transportation system characteristics.
(iv) Having a per vehicle-mile
traveled number of serious injuries and
fatalities that is among the lowest of
jurisdictions with comparable
population and surface transportation
system characteristics.
(v) Innovative safety planning
efforts and implementation of plans
leading to achievement with respect to
the reduction of serious injuries and
fatalities.
(B) Merit based distribution.--In selecting
among eligible entities to receive grants under
paragraph (1) and the amounts of each of those
grants, the Secretary shall give priority to
eligible entities that have achieved the most
significant levels of reduction in serious
injuries and fatalities, as measured either on
a per capita basis or per-vehicle mile traveled
basis.
(C) Multiple awards.--The Secretary may--
(i) award a grant under paragraph (1)
to multiple eligible entities for each
performance category described in
subparagraph (A); and
(ii) recognize achievements in each
performance category described in
subparagraph (A)--
(I) in urban and rural areas;
and
(II) on the State and local
level.
(D) Repeat awards.--The Secretary may not
award a grant under this subsection to the same
eligible entity more than once during a 2-year
period.
(4) Award amount.--A grant under paragraph (1) shall
be in an amount--
(A) not less than $5,000,000; and
(B) not more than $30,000,000.
(5) Eligible uses.--An eligible entity may use a
grant under paragraph (1) for--
(A) an activity eligible under this title; or
(B) a project--
(i) to maintain the condition of a
Federal-aid highway, including routine
maintenance; or
(ii) that--
(I) responds to a specific
condition or event; and
(II) restores a Federal-aid
highway to a functional state
of operations.
(6) Applications.--To be eligible to receive a grant
under paragraph (1), an eligible entity shall submit to
the Secretary an application at such time, in such
manner, and containing such information as the
Secretary may require.
(7) Federal share.--The Federal share of the cost of
a project carried out using a grant under paragraph (1)
shall be, as determined at the discretion of the grant
recipient, up to 100 percent.
Sec. 174. Wildlife crossings pilot program
(a) Finding.--Congress finds that greater adoption of
wildlife-vehicle collision safety countermeasures is in the
public interest because--
(1) according to the report of the Federal Highway
Administration entitled `Wildlife-Vehicle Collision
Reduction Study', there are more than 1,000,000
wildlife-vehicle collisions every year;
(2) wildlife-vehicle collisions--
(A) present a danger to--
(i) human safety; and
(ii) wildlife survival; and
(B) represent a persistent concern that
results in tens of thousands of serious
injuries and hundreds of fatalities on the
roadways of the United States; and
(3) the total annual cost associated with wildlife-
vehicle collisions has been estimated to be
$8,388,000,000; and
(4) wildlife-vehicle collisions are a major threat to
the survival of species, including birds, reptiles,
mammals, and amphibians.
(b) Establishment.--The Secretary shall establish a
competitive wildlife crossings pilot program (referred to in
this section as the `pilot program') to provide grants for
projects that seek to achieve--
(1) a reduction in the number of wildlife-vehicle
collisions; and
(2) in carrying out the purpose described in
paragraph (1), improved habitat connectivity for
terrestrial and aquatic species.
(c) Eligible Entities.--An entity eligible to apply for a
grant under the pilot program is--
(1) a State highway agency, or an equivalent of that
agency;
(2) a metropolitan planning organization (as defined
in section 134(b));
(3) a unit of local government;
(4) a regional transportation authority;
(5) a special purpose district or public authority
with a transportation function, including a port
authority;
(6) an Indian tribe (as defined in section
207(m)(1)), including a Native village and a Native
Corporation (as those terms are defined in section 3 of
the Alaska Native Claims Settlement Act (43 U.S.C.
1602));
(7) a Federal land management agency; or
(8) a group of any of the entities described in
paragraphs (1) through (7).
(d) Applications.--
(1) In general.--To be eligible to receive a grant
under the pilot program, an eligible entity shall
submit to the Secretary an application at such time, in
such manner, and containing such information as the
Secretary may require.
(2) Requirement.--If an application under paragraph
(1) is submitted by an eligible entity other than an
eligible entity described in paragraph (1) or (7) of
subsection (c), the application shall include
documentation that the State highway agency, or an
equivalent of that agency, of the State in which the
eligible entity is located was consulted during the
development of the application.
(3) Guidance.--To enhance consideration of current
and reliable data, eligible entities may obtain
guidance from an agency in the State with jurisdiction
over fish and wildlife.
(e) Considerations.--In selecting grant recipients under the
pilot program, the Secretary shall take into consideration the
following:
(1) Primarily, the extent to which the proposed
project of an eligible entity is likely to protect
motorists and wildlife by reducing the number of
wildlife-vehicle collisions and improve habitat
connectivity for terrestrial and aquatic species.
(2) Secondarily, the extent to which the proposed
project of an eligible entity is likely to accomplish
the following:
(A) Leveraging Federal investment by
encouraging non-Federal contributions to the
project, including projects from public-private
partnerships.
(B) Supporting local economic development and
improvement of visitation opportunities.
(C) Incorporation of innovative technologies,
including advanced design techniques and other
strategies to enhance efficiency and
effectiveness in reducing wildlife-vehicle
collisions and improving habitat connectivity
for terrestrial and aquatic species.
(D) Provision of educational and outreach
opportunities.
(E) Monitoring and research to evaluate,
compare effectiveness of, and identify best
practices in, selected projects.
(F) Any other criteria relevant to reducing
the number of wildlife-vehicle collisions and
improving habitat connectivity for terrestrial
and aquatic species, as the Secretary
determines to be appropriate, subject to the
condition that the implementation of the pilot
program shall not be delayed in the absence of
action by the Secretary to identify additional
criteria under this subparagraph.
(f) Use of Funds.--
(1) In general.--The Secretary shall ensure that a
grant received under the pilot program is used for a
project to reduce wildlife-vehicle collisions.
(2) Grant administration.--
(A) In general.--A grant received under the
pilot program shall be administered by--
(i) in the case of a grant to a
Federal land management agency or an
Indian tribe (as defined in section
207(m)(1)), including a Native village
and a Native Corporation (as those
terms are defined in section 3 of the
Alaska Native Claims Settlement Act (43
U.S.C. 1602)), the Federal Highway
Administration, through an agreement;
and
(ii) in the case of a grant to an
eligible entity other than an eligible
entity described in clause (i), the
State highway agency, or an equivalent
of that agency, for the State in which
the project is to be carried out.
(B) Partnerships.--
(i) In general.--A grant received
under the pilot program may be used to
provide funds to eligible partners of
the project for which the grant was
received described in clause (ii), in
accordance with the terms of the
project agreement.
(ii) Eligible partners described.--
The eligible partners referred to in
clause (i) include--
(I) a metropolitan planning
organization (as defined in
section 134(b));
(II) a unit of local
government;
(III) a regional
transportation authority;
(IV) a special purpose
district or public authority
with a transportation function,
including a port authority;
(V) an Indian tribe (as
defined in section 207(m)(1)),
including a Native village and
a Native Corporation (as those
terms are defined in section 3
of the Alaska Native Claims
Settlement Act (43 U.S.C.
1602));
(VI) a Federal land
management agency;
(VII) a foundation,
nongovernmental organization,
or institution of higher
education;
(VIII) a Federal, Tribal,
regional, or State government
entity; and
(IX) a group of any of the
entities described in
subclauses (I) through (VIII).
(3) Compliance.--An eligible entity that receives a
grant under the pilot program and enters into a
partnership described in paragraph (2) shall establish
measures to verify that an eligible partner that
receives funds from the grant complies with the
conditions of the pilot program in using those funds.
(g) Requirement.--The Secretary shall ensure that not less
than 60 percent of the amounts made available for grants under
the pilot program each fiscal year are for projects located in
rural areas.
(h) Annual Report to Congress.--
(1) In general.--Not later than December 31 of each
calendar year, the Secretary shall submit to Congress,
and make publicly available, a report describing the
activities under the pilot program for the fiscal year
that ends during that calendar year.
(2) Contents.--The report under paragraph (1) shall
include--
(A) a detailed description of the activities
carried out under the pilot program;
(B) an evaluation of the effectiveness of the
pilot program in meeting the purposes described
in subsection (b); and
(C) policy recommendations to improve the
effectiveness of the pilot program.
Sec. 175. Wildlife-vehicle collision reduction and habitat connectivity
improvement
(a) Study.--
(1) In general.--The Secretary shall conduct a study
(referred to in this subsection as the `study') of the
state, as of the date of the study, of the practice of
methods to reduce collisions between motorists and
wildlife (referred to in this section as `wildlife-
vehicle collisions').
(2) Contents.--
(A) Areas of study.--The study shall--
(i) update and expand on, as
appropriate--
(I) the report entitled
`Wildlife Vehicle Collision
Reduction Study: 2008 Report to
Congress'; and
(II) the document entitled
`Wildlife Vehicle Collision
Reduction Study: Best Practices
Manual' and dated October 2008;
and
(ii) include--
(I) an assessment, as of the
date of the study, of--
(aa) the causes of
wildlife-vehicle
collisions;
(bb) the impact of
wildlife-vehicle
collisions on motorists
and wildlife; and
(cc) the impacts of
roads and traffic on
habitat connectivity
for terrestrial and
aquatic species; and
(II) solutions and best
practices for--
(aa) reducing
wildlife-vehicle
collisions; and
(bb) improving
habitat connectivity
for terrestrial and
aquatic species.
(B) Methods.--In carrying out the study, the
Secretary shall--
(i) conduct a thorough review of
research and data relating to--
(I) wildlife-vehicle
collisions; and
(II) habitat fragmentation
that results from
transportation infrastructure;
(ii) survey current practices of the
Department of Transportation and State
departments of transportation to reduce
wildlife-vehicle collisions; and
(iii) consult with--
(I) appropriate experts in
the field of wildlife-vehicle
collisions; and
(II) appropriate experts on
the effects of roads and
traffic on habitat connectivity
for terrestrial and aquatic
species.
(3) Report.--
(A) In general.--Not later than 18 months
after the date of enactment of the America's
Transportation Infrastructure Act of 2019, the
Secretary shall submit to Congress a report on
the results of the study.
(B) Contents.--The report under subparagraph
(A) shall include--
(i) a description of--
(I) the causes of wildlife-
vehicle collisions;
(II) the impacts of wildlife-
vehicle collisions;
(III) the impacts of roads
and traffic on--
(aa) species listed
as threatened species
or endangered species
under the Endangered
Species Act of 1973 (16
U.S.C. 1531 et seq.);
(bb) species
identified by States as
species of greatest
conservation need;
(cc) species
identified in State
wildlife plans; and
(dd) medium and small
terrestrial and aquatic
species;
(ii) an economic evaluation of the
costs and benefits of installing
highway infrastructure and other
measures to mitigate damage to
terrestrial and aquatic species,
including the effect on jobs, property
values, and economic growth to society,
adjacent communities, and landowners;
(iii) recommendations for preventing
wildlife-vehicle collisions, including
recommended best practices, funding
resources, or other recommendations for
addressing wildlife-vehicle collisions;
and
(iv) guidance, developed in
consultation with Federal land
management agencies and State
departments of transportation, State
fish and wildlife agencies, and Tribal
governments that agree to participate,
for developing, for each State that
agrees to participate, a voluntary
joint statewide transportation and
wildlife action plan--
(I) to address wildlife-
vehicle collisions; and
(II) to improve habitat
connectivity for terrestrial
and aquatic species.
(b) Workforce Development and Technical Training.--
(1) In general.--Not later than 3 years after the
date of enactment of the America's Transportation
Infrastructure Act of 2019, the Secretary shall, based
on the study conducted under subsection (a), develop a
series of in-person and online workforce development
and technical training courses--
(A) to reduce wildlife-vehicle collisions;
and
(B) to improve habitat connectivity for
terrestrial and aquatic species.
(2) Availability.--The Secretary shall--
(A) make the series of courses developed
under paragraph (1) available for
transportation and fish and wildlife
professionals; and
(B) update the series of courses not less
frequently than once every 2 years.
(c) Standardization of Wildlife Collision and Carcass Data.--
(1) Standardized methodology.--
(A) In general.--The Secretary, acting
through the Administrator of the Federal
Highway Administration (referred to in this
subsection as the `Secretary'), shall develop a
quality standardized methodology for collecting
and reporting spatially accurate wildlife
collision and carcass data for the National
Highway System, considering the practicability
of the methodology with respect to technology
and cost.
(B) Methodology.--In developing the
standardized methodology under subparagraph
(A), the Secretary shall--
(i) survey existing methodologies and
sources of data collection, including
the Fatality Analysis Reporting System,
the General Estimates System of the
National Automotive Sampling System,
and the Highway Safety Information
System; and
(ii) to the extent practicable,
identify and correct limitations of
those existing methodologies and
sources of data collection.
(C) Consultation.--In developing the
standardized methodology under subparagraph
(A), the Secretary shall consult with--
(i) the Secretary of the Interior;
(ii) the Secretary of Agriculture,
acting through the Chief of the Forest
Service;
(iii) Tribal, State, and local
transportation and wildlife
authorities;
(iv) metropolitan planning
organizations (as defined in section
134(b));
(v) members of the American
Association of State Highway
Transportation Officials;
(vi) members of the Association of
Fish and Wildlife Agencies;
(vii) experts in the field of
wildlife-vehicle collisions;
(viii) nongovernmental organizations;
and
(ix) other interested stakeholders,
as appropriate.
(2) Standardized national data system with voluntary
template implementation.--The Secretary shall--
(A) develop a template for State
implementation of a standardized national
wildlife collision and carcass data system for
the National Highway System that is based on
the standardized methodology developed under
paragraph (1); and
(B) encourage the voluntary implementation of
the template developed under subparagraph (A).
(3) Reports.--
(A) Methodology.--The Secretary shall submit
to Congress a report describing the
standardized methodology developed under
paragraph (1) not later than the later of--
(i) the date that is 18 months after
the date of enactment of the America's
Transportation Infrastructure Act of
2019; and
(ii) the date that is 180 days after
the date on which the Secretary
completes the development of the
standardized methodology.
(B) Implementation.--Not later than 4 years
after the date of enactment of the America's
Transportation Infrastructure Act of 2019, the
Secretary shall submit to Congress a report
describing--
(i) the status of the voluntary
implementation of the standardized
methodology developed under paragraph
(1) and the template developed under
paragraph (2)(A);
(ii) whether the implementation of
the standardized methodology developed
under paragraph (1) and the template
developed under paragraph (2)(A) has
impacted efforts by States, units of
local government, and other entities--
(I) to reduce the number of
wildlife-vehicle collisions;
and
(II) to improve habitat
connectivity;
(iii) the degree of the impact
described in clause (ii); and
(iv) the recommendations of the
Secretary, including recommendations
for further study aimed at reducing
motorist collisions involving wildlife
and improving habitat connectivity for
terrestrial and aquatic species on the
National Highway System, if any.
(d) National Threshold Guidance.--The Secretary shall--
(1) establish guidance, to be carried out by States
on a voluntary basis, that contains a threshold for
determining whether a highway shall be evaluated for
potential mitigation measures to reduce wildlife-
vehicle collisions and increase habitat connectivity
for terrestrial and aquatic species, taking into
consideration--
(A) the number of wildlife-vehicle collisions
on the highway that pose a human safety risk;
(B) highway-related mortality and the effects
of traffic on the highway on--
(i) species listed as endangered
species or threatened species under the
Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(ii) species identified by a State as
species of greatest conservation need;
(iii) species identified in State
wildlife plans; and
(iv) medium and small terrestrial and
aquatic species; and
(C) habitat connectivity values for
terrestrial and aquatic species and the barrier
effect of the highway on the movements and
migrations of those species.
Sec. 176. State human capital plans
(a) In General.--Not later than 18 months after the date of
enactment of this section, the Secretary shall encourage each
State to develop a voluntary plan, to be known as a `human
capital plan', that provides for the immediate and long-term
personnel and workforce needs of the State with respect to the
capacity of the State to deliver transportation and public
infrastructure eligible under this title.
(b) Plan Contents.--
(1) In general.--A human capital plan developed by a
State under subsection (a) shall, to the maximum extent
practicable, take into consideration--
(A) significant transportation workforce
trends, needs, issues, and challenges with
respect to the State;
(B) the human capital policies, strategies,
and performance measures that will guide the
transportation-related workforce investment
decisions of the State;
(C) coordination with educational
institutions, industry, organized labor,
workforce boards, and other agencies or
organizations to address the human capital
transportation needs of the State;
(D) a workforce planning strategy that
identifies current and future human capital
needs, including the knowledge, skills, and
abilities needed to recruit and retain skilled
workers in the transportation industry;
(E) a human capital management strategy that
is aligned with the transportation mission,
goals, and organizational objectives of the
State;
(F) an implementation system for workforce
goals focused on addressing continuity of
leadership and knowledge sharing across the
State;
(G) an implementation system that addresses
workforce competency gaps, particularly in
mission-critical occupations;
(H) in the case of public-private
partnerships or other alternative project
delivery methods to carry out the
transportation program of the State, a
description of workforce needs--
(i) to ensure that the transportation
mission, goals, and organizational
objectives of the State are fully
carried out; and
(ii) to ensure that procurement
methods provide the best public value;
(I) a system for analyzing and evaluating the
performance of the State department of
transportation with respect to all aspects of
human capital management policies, programs,
and activities; and
(J) the manner in which the plan will improve
the ability of the State to meet the national
policy in support of performance management
established under section 150.
(2) Planning period.--If a State develops a human
capital plan under subsection (a), the plan shall
address a 5-year forecast period.
(c) Plan Updates.--If a State develops a human capital plan
under subsection (a), the State shall update the plan not less
frequently than once every 5 years.
(d) Relationship to Long-range Plan.--
(1) In general.--Subject to paragraph (2), a human
capital plan developed by a State under subsection (a)
may be developed separately from, or incorporated into,
the long-range statewide transportation plan required
under section 135.
(2) Effect of section.--Nothing in this section
requires a State, or authorizes the Secretary to
require a State, to incorporate a human capital plan
into the long-range statewide transportation plan
required under section 135.
(e) Public Availability.--Each State that develops a human
capital plan under subsection (a) shall make a copy of the plan
available to the public in a user-friendly format on the
website of the State department of transportation.
(f) Savings Provision.--Nothing in this section prevents a
State from carrying out transportation workforce planning--
(1) not described in this section; or
(2) not in accordance with this section.
Sec. 177. Formula carbon reduction incentive program
(a) Definitions.--In this section:
(1) Metropolitan planning organization; urbanized
area.--The terms `metropolitan planning organization'
and `urbanized area' have the meaning given those terms
in section 134(b).
(2) Transportation emissions.--The term
`transportation emissions' means carbon dioxide
emissions from on-road highway sources of those
emissions within a State.
(3) Transportation management area.--The term
`transportation management area' means a transportation
management area identified or designated by the
Secretary under section 134(k)(1).
(b) Formula Carbon Reduction Awards.--
(1) In general.--For each fiscal year, the Secretary
shall distribute among the States the amounts made
available to carry out this section for that fiscal
year in accordance with paragraph (2).
(2) Distribution.--The amount for each State shall be
determined by multiplying the total amount made
available to carry out this section for the applicable
fiscal year by the ratio that--
(A) the total base apportionment for the
State under section 104(c); bears to
(B) the total base apportionments for all
States under section 104(c).
(c) Emissions Reduction Supplemental.--
(1) In general.--A State shall use 50 percent of the
amount distributed to the State under subsection (b)
for each fiscal year to carry out activities under
paragraph (2).
(2) Eligible activities.--Subject to paragraph (3), a
State and any metropolitan planning organization that
is required to obligate funds in accordance with
subsection (e) shall use the funds under paragraph (1)
for activities designed to reduce transportation
emissions, including--
(A) a project described in paragraph (4),
(5), (7), (8), or (11) of subsection (b) of
section 149 or subsection (c)(2) of that
section, regardless of whether the project--
(i) is located in an area designated
as a nonattainment or maintenance area,
as described in section 149(b); or
(ii) is likely to contribute to the
attainment or maintenance in the area
of a national ambient air quality
standard;
(B) a project that is eligible for assistance
under section 142;
(C) a project for the provision of facilities
for pedestrians and bicyclists (including the
conversion and use of rail corridors for
pedestrian and bike trails);
(D) a project that is described in section
503(c)(4)(E);
(E) a project to reduce emissions from port-
related equipment and vehicles;
(F) a project to replace street lighting and
traffic control devices with energy efficient
alternatives; and
(G) the development of a carbon reduction
strategy under subsection (d)(1)(A).
(3) Limitation.--No funds provided under paragraph
(1) may be used for a project that will result in the
construction of new capacity available to single-
occupant vehicles.
(4) Federal share.--The Federal share of the cost of
a project carried out with funds under paragraph (1)
shall be determined in accordance with section 120.
(d) Carbon Reduction Strategy Planning Incentive.--
(1) Carbon reduction strategy.--
(A) In general.--A State may, in consultation
with a metropolitan planning organization
within the State, develop a carbon reduction
strategy.
(B) Requirements.--If a State develops a
carbon reduction strategy under subparagraph
(A), the carbon reduction strategy shall--
(i) identify projects and strategies
to reduce transportation emissions,
which may include projects and
strategies for safe, reliable, and
cost-effective options--
(I) to reduce traffic
congestion on Federal-aid
highways located within the
State or the area served by the
metropolitan planning
organization, as applicable;
(II) to facilitate the use of
alternatives to single-occupant
vehicle trips, including public
transportation facilities,
pedestrian facilities, bicycle
facilities, and shared or
pooled vehicle trips within the
State or an area served by the
metropolitan planning
organization, if any;
(III) to facilitate the use
of vehicles or modes of travel
that result in lower
transportation emissions per
person-mile traveled; and
(IV) to facilitate approaches
to transportation asset
construction and maintenance
that result in lower
transportation emissions;
(ii) set targets for the reduction of
transportation emissions and
implementation of the projects and
strategies identified under clause (i);
(iii) be appropriate to the
population density and context of the
State, including a metropolitan
planning organization within the State,
if any;
(iv) provide a reasonable opportunity
for participation and review by
interested parties within the State;
(v) be updated not less frequently
than once every 3 years; and
(vi) be reviewed and certified by the
Secretary to have met the requirements
of this subparagraph.
(2) Carbon reduction strategy planning incentive.--
(A) In general.--A State shall use 50 percent
of the amounts made available to the State
under subsection (b) for each fiscal year for
the eligible activities under subparagraph (B).
(B) Eligible activities.--
(i) In general.--A State and any
metropolitan planning organization in
the State that is required to obligate
funds in accordance with subsection (e)
may use the funds under subparagraph
(A) for a project or strategy described
in subsection (c)(2).
(ii) Additional eligibility
incentive.--In addition to the eligible
activities under clause (i), a State
and any metropolitan planning
organization in the State that is
required to obligate funds in
accordance with subsection (e) may use
the funds under subparagraph (A) for a
project eligible under section 133(b)
if--
(I) the State has, within the
fiscal year prior to the fiscal
year in which the Secretary is
making the grant or by a
deadline established by the
Secretary in the fiscal year in
which the Secretary is making
the grant, developed a carbon
reduction strategy under
paragraph (1)(A) that has been
approved by the Secretary under
clause (vi) of that paragraph;
or
``(II) the State or
metropolitan planning
organization has, within the 4
fiscal years prior to the
fiscal year in which the
Secretary is making the grant
or by a deadline established by
the Secretary in the fiscal
year in which the Secretary is
making the grant, incorporated
a carbon reduction strategy
under paragraph (1)(A) into--
(aa) a long-range
transportation plan
developed by the
metropolitan planning
organization under
section 134(c), if any;
and
(bb) the long-range
statewide
transportation plan
developed by the State
under section
135(f)(1).
(C) Federal share.--The Federal share of the
cost of a project carried out using funds under
subparagraph (A) shall be--
(i) in the case of a State or
metropolitan planning organization
within a State that meets the
requirements under subparagraph
(B)(ii), up to 100 percent, at the
discretion of the State; and
(ii) in the case of a State or
metropolitan planning organization
within a State that is not described in
clause (i), determined in accordance
with section 120.
(e) Suballocation Requirements.--
(1) In general.--For each fiscal year, of the funds
made available to a State under subsections (c) and
(d)--
(A) 65 percent of each amount shall be
obligated, in proportion to their relative
shares of the population of the State--
(i) in urbanized areas of the State
with an urbanized area population of
over 200,000; and
(ii) in other areas of the State; and
(B) the remainder may be obligated in any
area of the State.
(2) Metropolitan areas.--Funds attributed to an
urbanized area under paragraph (1)(A)(i) may be
obligated in the metropolitan area established under
section 134 that encompasses the urbanized area.
(3) Distribution among urbanized areas of over
200,000 population.--
(A) In general.--Except as provided in
subparagraph (B), the amount that a State is
required to obligate under paragraph (1)(A)(i)
shall be obligated in urbanized areas described
in paragraph (1)(A)(i) based on the relative
population of the areas.
(B) Other factors.--The State may obligate
the funds described in subparagraph (A) based
on other factors if--
(i) the State and the relevant
metropolitan planning organizations
jointly apply to the Secretary for the
permission to base the obligation on
other factors; and
(ii) the Secretary grants the
request.
(4) Consultation in urbanized areas.--Before
obligating funds for an eligible activity under
subsection (c) or (d) in an urbanized area that is not
a transportation management area, a State shall consult
with any metropolitan planning organization that
represents the urbanized area prior to determining
which activities should be carried out.
(5) Consultation in rural areas.--Before obligating
funds for an eligible activity under subsection (c) or
(d) in a rural area, a State shall consult with any
regional transportation planning organization or
metropolitan planning organization that represents the
rural area prior to determining which activities should
be carried out.
Sec. 178. Carbon reduction performance program
(a) Definitions.--In this section:
(1) Metropolitan planning organization; urbanized
area.--The terms `metropolitan planning organization'
and `urbanized area' have the meaning given those terms
in section 134(b).
(2) Qualifying state.--The term `qualifying State'
means a State in which--
(A) the average annual transportation
emissions within the State has grown more
slowly or declined during the most recent 2-
calendar year period for which data are
available for transportation emissions at the
time the Secretary is making the grant under
this section, as compared to the 2-calendar
year period that immediately precedes that
period; or
(B) the average annual transportation
emissions within the State, as estimated on a
per capita basis, has grown more slowly or
declined during the most recent 2-calendar year
period for which data are available for
transportation emissions at the time the
Secretary is making the grant under this
section, as compared to the 2-calendar year
period that immediately precedes that period.
(3) Qualifying unit of local government.--The term
`qualifying unit of local government' means a unit of
local government in an urbanized area served by a
metropolitan planning organization, in which--
(A) the average annual transportation
emissions within the urbanized area has grown
more slowly or declined during the most recent
2-calendar year period for which data are
available for transportation emissions at the
time the Secretary is making the grant under
this section, as compared to the 2-calendar
year period that immediately precedes that
period; or
(B) the average annual transportation
emissions within the urbanized area, as
estimated on a per capita basis, has grown more
slowly or declined during the most recent 2-
calendar year period for which data are
available for transportation emissions at the
time the Secretary is making the grant under
this section, as compared to the 2-calendar
year period that immediately precedes that
period.
(4) Transportation emissions.--The term
`transportation emissions' has the meaning given the
term in section 177(a).
(b) Carbon Reduction Performance and Planning Recognition
Awards.--
(1) In general.--The Secretary shall establish a
competitive grant program to award grants to eligible
entities in recognition of the achievement of the
eligible entity in meeting the performance categories
described in paragraph (3)(A).
(2) Eligible entities.--The Secretary shall
distribute amounts under paragraph (1) to any of the
following:
(A) A qualifying State.
(B) A qualifying unit of local government.
(3) Performance categories.--
(A) In general.--The Secretary shall select
eligible entities to receive a grant under
paragraph (1) to recognize the achievement of
the eligible entity in meeting any of the
following performance categories:
(i) A significant reduction in
transportation emissions, as estimated
on a per unit of economic output basis.
(ii) A significant reduction in
transportation emissions, as estimated
on a per capita basis.
(iii) Transportation emissions, as
estimated on a per unit of economic
output basis, that are among the lowest
of jurisdictions with comparable
population and surface transportation
system characteristics.
(iv) Transportation emissions, as
estimated on a per capita basis, that
are among the lowest of jurisdictions
with comparable population and surface
transportation system characteristics.
(v) Innovative planning efforts and
the implementation of a carbon
reduction strategy under section
177(d)(1)(A) or plans that lead to a
reduction in transportation emissions.
(B) Merit based distribution.--In selecting
among eligible entities to receive grants under
paragraph (1) and the amount of each of those
grants, the Secretary shall give priority to
eligible entities that have achieved the most
significant levels of reductions of
transportation emissions, as estimated on
either a per unit of economic basis or on a per
capita basis.
(C) Multiple awards.--The Secretary may--
(i) award a grant under paragraph (1)
to multiple eligible entities for each
performance category described in
subparagraph (A); and
(ii) recognize achievements in each
performance category described in
subparagraph (A)--
(I) in urban and rural areas;
and
(II) on the State and local
level.
(D) Repeat awards.--The Secretary may not
award a grant under this subsection to the same
eligible entity more than once in a 2-year
period.
(4) Award amount.--A grant under paragraph (1) shall
be in an amount--
(A) not less than $5,000,000; and
(B) not more than $30,000,000.
(5) Eligible uses.--An eligible entity may use a
grant under paragraph (1) for--
(A) an activity eligible under this title;
and
(B) a project--
(i) to maintain the condition of a
Federal-aid highway, including routine
maintenance; or
(ii) that--
(I) responds to a specific
condition or event; and
(II) restores a Federal-aid
highway to a functional state
of operations.
(6) Applications.--To be eligible to receive a grant
under paragraph (1), an eligible entity shall submit to
the Secretary an application at such time, in such
manner, and containing such information as the
Secretary may require.
(7) Federal share.--The Federal share of the cost of
a project carried out using a grant under paragraph (1)
shall be, as determined at the discretion of the grant
recipient, up to 100 percent.
* * * * * * *
Sec. 179. Promoting Resilient Operations for Transformative, Efficient,
and Cost-saving Transportation (PROTECT) grant
program
(a) Definitions.--In this section:
(1) Emergency event.--The term `emergency event'
means a natural disaster or catastrophic failure
resulting in--
(A) an emergency declared by the Governor of
the State in which the disaster or failure
occurred; or
(B) an emergency or disaster declared by the
President.
(2) Evacuation route.--The term `evacuation route'
means a transportation route or system that--
(A) is owned, operated, or maintained by a
Federal, State, Tribal, or local government or
a private entity;
(B) is used--
(i) to transport the public away from
emergency events; or
(ii) to transport emergency
responders and recovery resources; and
(C) is designated by the eligible entity with
jurisdiction over the area in which the route
is located for the purposes described in
subparagraph (B).
(3) Program.--The term `program' means the grant
program established under subsection (b)(1).
(4) Resilience improvement.--The term `resilience
improvement' means the use of materials or structural
or nonstructural techniques, including natural
infrastructure--
(A) that allow a project--
(i) to better anticipate, prepare
for, and adapt to changing conditions
and to withstand and respond to
disruptions; and
(ii) to be better able to continue to
serve the primary function of the
project during and after weather events
and natural disasters for the expected
life of the project; or
(B) that--
(i) reduce the magnitude and duration
of impacts of current and future
weather events and natural disasters to
a project; or
(ii) have the absorptive capacity,
adaptive capacity, and recoverability
to decrease project vulnerability to
current and future weather events or
natural disasters.
(b) Establishment.--
(1) In general.--The Secretary shall establish a
grant program, to be known as the `Promoting Resilient
Operations for Transformative, Efficient, and Cost-
saving Transportation grant program' or the `PROTECT
grant program'.
(2) Purpose.--The purpose of the program is to
provide grants for resilience improvements through--
(A) formula funding distributed to States;
(B) competitive planning grants to enable
communities to assess vulnerabilities to
current and future weather events and natural
disasters and changing conditions, including
sea level rise, and plan infrastructure
improvements and emergency response strategies
to address those vulnerabilities; and
(C) competitive resilience improvement grants
to protect--
(i) infrastructure assets by making
the assets more resilient to current
and future weather events and natural
disasters, such as severe storms,
flooding, drought, levee and dam
failures, wildfire, rockslides,
mudslides, sea level rise, extreme
weather, including extreme temperature,
and earthquakes;
(ii) communities through resilience
improvements and strategies that allow
for the continued operation or rapid
recovery of surface transportation
systems that--
(I) serve critical local,
regional, and national needs,
including evacuation routes;
and
(II) provide access or
service to hospitals and other
medical or emergency service
facilities, major employers,
critical manufacturing centers,
ports and intermodal
facilities, utilities, and
Federal facilities;
(iii) coastal infrastructure, such as
a tide gate, that is at long-term risk
to sea level rise; and
(iv) natural infrastructure that
protects and enhances surface
transportation assets while improving
ecosystem conditions, including
culverts that ensure adequate flows in
rivers and estuarine systems.
(c) Formula Awards.--
(1) Distribution of funds to states.--
(A) In general.--For each fiscal year, the
Secretary shall distribute among the States the
amounts made available to carry out this
subsection for that fiscal year in accordance
with subparagraph (B).
(B) Distribution.--The amount for each State
shall be determined by multiplying the total
amount made available to carry out this
subsection for the applicable fiscal year by
the ratio that--
(i) the total base apportionment for
the State under section 104(c); bears
to
(ii) the total base apportionments
for all States under section 104(c).
(2) Eligible activities.--
(A) In general.--Except as provided in
subparagraph (B), a State shall use funds made
available under paragraph (1) to carry out
activities eligible under subparagraph (A),
(B), or (C) of subsection (d)(4).
(B) Planning set-aside.--Of the amounts made
available to each State under paragraph (1) for
each fiscal year, not less than 2 percent shall
be for activities described in subsection
(d)(3).
(3) Requirements.--
(A) Projects in certain areas.--If a project
under this subsection is carried out, in whole
or in part, within a base floodplain, the State
shall--
(i) identify the base floodplain in
which the project is to be located and
disclose that information to the
Secretary; and
(ii) indicate to the Secretary
whether the State plans to implement 1
or more components of the risk
mitigation plan under section 322 of
the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C.
5165) with respect to the area.
(B) Eligibilities.--A State shall use funds
made available under paragraph (1) for--
(i) a highway project eligible for
assistance under this title;
(ii) a public transportation facility
or service eligible for assistance
under chapter 53 of title 49;
(iii) a facility or service for
intercity rail passenger transportation
(as defined in section 24102 of title
49); or
(iv) a port facility, including a
facility that--
(I) connects a port to other
modes of transportation;
(II) improves the efficiency
of evacuations and disaster
relief; or
(III) aids transportation.
(C) System resilience.--A project carried out
by a State with funds made available under this
subsection may include the use of natural
infrastructure or the construction or
modification of storm surge, flood protection,
or aquatic ecosystem restoration elements that
are functionally connected to a transportation
improvement, such as--
(i) increasing marsh health and total
area adjacent to a highway right-of-way
to promote additional flood storage;
(ii) upgrades to and installing of
culverts designed to withstand 100-year
flood events;
(iii) upgrades to and installation of
tide gates to protect highways; and
(iv) upgrades to and installation of
flood gates to protect tunnel
entrances.
(D) Federal cost share.--
(i) In general.--Except as provided
in subsection (f)(1), the Federal share
of the cost of a project carried out
using funds made available under
paragraph (1) shall not exceed 80
percent of the total project cost.
(ii) Non-federal share.--A State may
use Federal funds other than Federal
funds made available under this
subsection to meet the non-Federal cost
share requirement for a project under
this subsection.
(E) Eligible project costs.--
(i) In general.--Except as provided
in clause (ii), eligible project costs
for activities carried out by a State
with funds made available under
paragraph (1) may include the costs
of--
(I) development phase
activities, including planning,
feasibility analysis, revenue
forecasting, environmental
review, preliminary engineering
and design work, and other
preconstruction activities; and
(II) construction,
reconstruction, rehabilitation,
and acquisition of real
property (including land
related to the project and
improvements to land),
environmental mitigation,
construction contingencies,
acquisition of equipment
directly related to improving
system performance, and
operational improvements.
(ii) Eligible planning costs.--In the
case of a planning activity described
in subsection (d)(3) that is carried
out by a State with funds made
available under paragraph (1), eligible
costs may include development phase
activities, including planning,
feasibility analysis, revenue
forecasting, environmental review,
preliminary engineering and design
work, other preconstruction activities,
and other activities consistent with
carrying out the purposes of subsection
(d)(3).
(F) Limitations.--In carrying out this
subsection, a State--
(i) may use not more than 25 percent
of the amounts made available under
this subsection for the construction of
new capacity; and
(ii) may use not more than 10 percent
of the amounts made available under
this subsection for activities
described in subparagraph (E)(i)(I).
(d) Competitive Awards.--
(1) In general.--In addition to funds distributed to
States under subsection (c)(1), the Secretary shall
provide grants on a competitive basis under this
subsection to eligible entities described in paragraph
(2).
(2) Eligible entities.--The Secretary may make a
grant under this subsection to any of the following:
(A) A State or political subdivision of a
State.
(B) A metropolitan planning organization.
(C) A unit of local government.
(D) A special purpose district or public
authority with a transportation function,
including a port authority.
(E) An Indian tribe (as defined in section
207(m)(1)).
(F) A Federal land management agency that
applies jointly with a State or group of
States.
(G) A multi-State or multijurisdictional
group of entities described in subparagraphs
(A) through (F).
(3) Planning grants.--Using funds made available
under this subsection, the Secretary shall provide
planning grants to eligible entities for the purpose
of--
(A) in the case of a State or metropolitan
planning organization, developing a resilience
improvement plan under subsection (f)(2);
(B) resilience planning, predesign, design,
or the development of data tools to simulate
transportation disruption scenarios, including
vulnerability assessments;
(C) technical capacity building by the
eligible entity to facilitate the ability of
the eligible entity to assess the
vulnerabilities of the infrastructure assets
and community response strategies of the
eligible entity under current conditions and a
range of potential future conditions; or
(D) evacuation planning and preparation.
(4) Resilience grants.--
(A) Resilience improvement grants.--
(i) In general.--Using funds made
available under this subsection, the
Secretary shall provide resilience
improvement grants to eligible entities
to carry out 1 or more eligible
activities under clause (ii).
(ii) Eligible activities.--
(I) In general.--An eligible
entity may use a resilience
improvement grant under this
subparagraph for 1 or more
construction activities to
enable an existing surface
transportation infrastructure
asset to withstand 1 or more
elements of a weather event or
natural disaster, or to
increase the resilience of
surface transportation
infrastructure from the impacts
of changing conditions, such as
sea level rise, flooding,
extreme weather events, and
other natural disasters.
(II) Inclusions.--An activity
eligible to be carried out
under this subparagraph
includes--
(aa) resurfacing,
restoration,
rehabilitation,
reconstruction,
replacement,
improvement, or
realignment of an
existing surface
transportation facility
eligible for assistance
under this title;
(bb) the
incorporation of
natural infrastructure;
(cc) the upgrade of
an existing surface
transportation facility
to meet or exceed
Federal Highway
Administration approved
design standards;
(dd) the installation
of mitigation measures
that prevent the
intrusion of
floodwaters into
surface transportation
systems;
(ee) strengthening
systems that remove
rainwater from surface
transportation
facilities;
(ff) a resilience
project that addresses
identified
vulnerabilities
described in the
resilience improvement
plan of the eligible
entity, if applicable;
(gg) relocating
roadways in a base
floodplain to higher
ground above projected
flood elevation levels,
or away from slide
prone areas;
(hh) stabilizing
slide areas or slopes;
(ii) installing
riprap;
(jj) lengthening or
raising bridges to
increase waterway
openings, including to
respond to extreme
weather;
(kk) deepening
channels to prevent
flooding;
(ll) increasing the
size or number of
drainage structures;
(mm) installing
seismic retrofits on
bridges;
(nn) adding scour
protection at bridges;
(oo) adding scour,
stream stability,
coastal, and other
hydraulic
countermeasures,
including spur dikes;
and
(pp) any other
protective features,
including natural
infrastructure, as
determined by the
Secretary.
(iii) Priority.--The Secretary shall
prioritize a resilience improvement
grant to an eligible entity if--
(I) the Secretary
determines--
(aa) the benefits of
the eligible activity
proposed to be carried
out by the eligible
entity exceed the costs
of the activity; and
(bb) there is a need
to address the
vulnerabilities of
infrastructure assets
of the eligible entity
with a high risk of,
and impacts associated
with, failure due to
the impacts of weather
events, natural
disasters, or changing
conditions, such as sea
level rise and
increased flood risk;
or
(II) the eligible activity
proposed to be carried out by
the eligible entity is included
in the applicable resilience
improvement plan under
subsection (f)(2).
(B) Community resilience and evacuation route
grants.--
(i) In general.--Using funds made
available under this subsection, the
Secretary shall provide community
resilience and evacuation route grants
to eligible entities to carry out 1 or
more eligible activities under clause
(ii).
(ii) Eligible activities.--An
eligible entity may use a community
resilience and evacuation route grant
under this subparagraph for 1 or more
projects that strengthen and protect
evacuation routes that are essential
for providing and supporting
evacuations caused by emergency events,
including a project that--
(I) is an eligible activity
under subparagraph (A)(ii), if
that eligible activity will
improve an evacuation route;
(II) ensures the ability of
the evacuation route to provide
safe passage during an
evacuation and reduces the risk
of damage to evacuation routes
as a result of future emergency
events, including restoring or
replacing existing evacuation
routes that are in poor
condition or not designed to
meet the anticipated demand
during an emergency event, and
including steps to protect
routes from mud, rock, or other
debris slides;
(III) if the Secretary
determines that existing
evacuation routes are not
sufficient to adequately
facilitate evacuations,
including the transportation of
emergency responders and
recovery resources, expands the
capacity of evacuation routes
to swiftly and safely
accommodate evacuations,
including installation of--
(aa) communications
and intelligent
transportation system
equipment and
infrastructure;
(bb) counterflow
measures; or
(cc) shoulders;
(IV) is for the construction
of--
(aa) new or redundant
evacuation routes, if
the Secretary
determines that
existing evacuation
routes are not
sufficient to
adequately facilitate
evacuations, including
the transportation of
emergency responders
and recovery resources;
or
(bb) sheltering
facilities that are
functionally connected
to an eligible project;
(V) is for the acquisition of
evacuation route or traffic
incident management equipment,
vehicles, or signage; or
(VI) will ensure access or
service to critical
destinations, including
hospitals and other medical or
emergency service facilities,
major employers, critical
manufacturing centers, ports
and intermodal facilities,
utilities, and Federal
facilities.
(iii) Priority.--The Secretary shall
prioritize community resilience and
evacuation route grants under this
subparagraph for eligible activities
that are cost-effective, as determined
by the Secretary, taking into account--
(I) current and future
vulnerabilities to an
evacuation route due to future
occurrence or recurrence of
emergency events that are
likely to occur in the
geographic area in which the
evacuation route is located;
and
(II) projected changes in
development patterns,
demographics, and extreme
weather events based on the
best available evidence and
analysis.
(iv) Consultation.--In providing
grants for community resilience and
evacuation routes under this
subparagraph, the Secretary shall
consult with the Administrator of the
Federal Emergency Management Agency,
who shall provide technical assistance
to the Secretary and to eligible
entities.
(C) At-risk coastal infrastructure grants.--
(i) Definition of coastal state.--In
this subparagraph, the term `coastal
State' means--
(I) a State in, or bordering
on, the Atlantic, Pacific, or
Arctic Ocean, the Gulf of
Mexico, Long Island Sound, or 1
or more of the Great Lakes;
(II) the United States Virgin
Islands;
(III) Guam;
(IV) American Samoa; and
(V) the Commonwealth of the
Northern Mariana Islands.
(ii) Grants.--Using funds made
available under this subsection, the
Secretary shall provide at-risk coastal
infrastructure grants to eligible
entities in coastal States to carry out
1 or more eligible activities under
clause (iii).
(iii) Eligible activities.--An
eligible entity may use an at-risk
coastal infrastructure grant under this
subparagraph for strengthening,
stabilizing, hardening, elevating,
relocating, or otherwise enhancing the
resilience of highway and non-rail
infrastructure, including bridges,
roads, pedestrian walkways, and bicycle
lanes, and associated infrastructure,
such as culverts and tide gates, that
are subject to, or face increased long-
term future risks of, a weather event,
a natural disaster, or changing
conditions, including coastal flooding,
coastal erosion, wave action, storm
surge, or sea level rise, in order to
improve transportation and public
safety and to reduce costs by avoiding
larger future maintenance or rebuilding
costs.
(iv) Criteria.--The Secretary shall
provide at-risk coastal infrastructure
grants under this subparagraph for a
project--
(I) that addresses the risks
from a current or future
weather event or natural
disaster, including coastal
flooding, coastal erosion, wave
action, storm surge, or sea
level change; and
(II) that reduces long-term
infrastructure costs by
avoiding larger future
maintenance or rebuilding
costs.
(v) Coastal benefits.--In addition to
the criteria under clause (iv), for the
purpose of providing at-risk coastal
infrastructure grants under this
subparagraph, the Secretary shall
evaluate the extent to which a project
will provide--
(I) access to coastal homes,
businesses, communities, and
other critical infrastructure,
including access by first
responders and other emergency
personnel; or
(II) access to a designated
evacuation route.
(5) Grant requirements.--
(A) Solicitations for grants.--In providing
grants under this subsection, the Secretary
shall conduct a transparent and competitive
national solicitation process to select
eligible projects to receive grants under
paragraph (3) and subparagraphs (A), (B), and
(C) of paragraph (4).
(B) Applications.--
(i) In general.--To be eligible to
receive a grant under paragraph (3) or
subparagraph (A), (B), or (C) of
paragraph (4), an eligible entity shall
submit to the Secretary an application
in such form, at such time, and
containing such information as the
Secretary determines to be necessary.
(ii) Projects in certain areas.--If a
project is proposed to be carried out
by the eligible entity, in whole or in
part, within a base floodplain, the
eligible entity shall--
(I) as part of the
application, identify the
floodplain in which the project
is to be located and disclose
that information to the
Secretary; and
(II) indicate in the
application whether, if
selected, the eligible entity
will implement 1 or more
components of the risk
mitigation plan under section
322 of the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5165)
with respect to the area.
(C) Eligibilities.--The Secretary may make a
grant under paragraph (3) or subparagraph (A),
(B), or (C) of paragraph (4) only for--
(i) a highway project eligible for
assistance under this title;
(ii) a public transportation facility
or service eligible for assistance
under chapter 53 of title 49;
(iii) a facility or service for
intercity rail passenger transportation
(as defined in section 24102 of title
49); or
(iv) a port facility, including a
facility that--
(I) connects a port to other
modes of transportation;
(II) improves the efficiency
of evacuations and disaster
relief; or
(III) aids transportation.
(D) System resilience.--A project for which a
grant is provided under paragraph (3) or
subparagraph (A), (B), or (C) of paragraph (4)
may include the use of natural infrastructure
or the construction or modification of storm
surge, flood protection, or aquatic ecosystem
restoration elements that the Secretary
determines are functionally connected to a
transportation improvement, such as--
(i) increasing marsh health and total
area adjacent to a highway right-of-way
to promote additional flood storage;
(ii) upgrades to and installing of
culverts designed to withstand 100-year
flood events;
(iii) upgrades to and installation of
tide gates to protect highways; and
(iv) upgrades to and installation of
flood gates to protect tunnel
entrances.
(E) Federal cost share.--
(i) Planning grant.--The Federal
share of the cost of a planning
activity carried out using a planning
grant under paragraph (3) shall be 100
percent.
(ii) Resilience grants.--
(I) In general.--Except as
provided in subclause (II) and
subsection (f)(1), the Federal
share of the cost of a project
carried out using a grant under
subparagraph (A), (B), or (C)
of paragraph (4) shall not
exceed 80 percent of the total
project cost.
(II) Tribal projects.--On the
determination of the Secretary,
the Federal share of the cost
of a project carried out using
a grant under subparagraph (A),
(B), or (C) of paragraph (4) by
an Indian tribe (as defined in
section 207(m)(1)) may be up to
100 percent.
(iii) Non-federal share.--The
eligible entity may use Federal funds
other than Federal funds provided under
this subsection to meet the non-Federal
cost share requirement for a project
carried out with a grant under this
subsection.
(F) Eligible project costs.--
(i) Resilience grant projects.--
Eligible project costs for activities
funded with a grant under subparagraph
(A), (B), or (C) of paragraph (4) may
include the costs of--
(I) development phase
activities, including planning,
feasibility analysis, revenue
forecasting, environmental
review, preliminary engineering
and design work, and other
preconstruction activities; and
(II) construction,
reconstruction, rehabilitation,
and acquisition of real
property (including land
related to the project and
improvements to land),
environmental mitigation,
construction contingencies,
acquisition of equipment
directly related to improving
system performance, and
operational improvements.
(ii) Planning grants.--Eligible
project costs for activities funded
with a grant under paragraph (3) may
include the costs of development phase
activities, including planning,
feasibility analysis, revenue
forecasting, environmental review,
preliminary engineering and design
work, other preconstruction activities,
and other activities consistent with
carrying out the purposes of that
paragraph.
(G) Limitations.--An eligible entity that
receives a grant under subparagraph (A), (B),
or (C) of paragraph (4)--
(i) may use not more than 25 percent
of the amount of the grant for the
construction of new capacity; and
(ii) may use not more than 10 percent
of the amount of the grant for
activities described in subparagraph
(F)(i)(I).
(H) Distribution of grants.--
(i) In general.--Subject to the
availability of funds, an eligible
entity may request and the Secretary
may distribute funds for a grant under
this subsection on a multiyear basis,
as the Secretary determines to be
necessary.
(ii) Rural set-aside.--Of the amounts
made available to carry out this
subsection for each fiscal year, the
Secretary shall use not less than 25
percent for grants for projects located
in areas that are outside an urbanized
area with a population of over 200,000.
(iii) Tribal set-aside.--Of the
amounts made available to carry out
this subsection for each fiscal year,
the Secretary shall use not less than 2
percent for grants to Indian tribes (as
defined in section 207(m)(1)).
(iv) Reallocation.--For any fiscal
year, if the Secretary determines that
the amount described in clause (ii) or
(iii) will not be fully utilized for
the grant described in that clause, the
Secretary may reallocate the unutilized
funds to provide grants to other
eligible entities under this
subsection.
(e) Consultation.--In carrying out the program, the Secretary
shall--
(1) consult with the Assistant Secretary of the Army
for Civil Works, the Administrator of the Environmental
Protection Agency, the Secretary of the Interior, and
the Secretary of Commerce; and
(2) solicit technical support from the Administrator
of the Federal Emergency Management Agency.
(f) Resilience Improvement Plan and Lower Non-Federal
Share.--
(1) Federal share reductions.--
(A) In general.--A State that receives funds
under subsection (c) or an eligible entity that
receives a grant under subsection (d) shall
have the non-Federal share of a project carried
out with the funds or grant, as applicable,
reduced by an amount described in subparagraph
(B) if the State or eligible entity meets the
applicable requirements under that
subparagraph.
(B) Amount of reductions.--
(i) Resilience improvement plan.--
Subject to clause (iii), the amount of
the non-Federal share of the costs of a
project carried out with funds under
subsection (c) or a grant under
subsection (d) shall be reduced by 7
percentage points if--
(I) in the case of a State or
an eligible entity that is a
State or a metropolitan
planning organization, the
State or eligible entity has--
(aa) developed a
resilience improvement
plan in accordance with
this subsection; and
(bb) prioritized the
project on that
resilience improvement
plan; and
(II) in the case of an
eligible entity not described
in subclause (I), the eligible
entity is located in a State or
an area served by a
metropolitan planning
organization that has--
(aa) developed a
resilience improvement
plan in accordance with
this subsection; and
(bb) prioritized the
project on that
resilience improvement
plan.
(ii) Incorporation of resilience
improvement plan in other planning.--
Subject to clause (iii), the amount of
the non-Federal share of the cost of a
project carried out with funds under
subsection (c) or a grant under
subsection (d) shall be reduced by 3
percentage points if--
(I) in the case of a State or
an eligible entity that is a
State or a metropolitan
planning organization, the
resilience improvement plan
developed in accordance with
this subsection has been
incorporated into the
metropolitan transportation
plan under section 134 or the
long-range statewide
transportation plan under
section 135, as applicable; and
(II) in the case of an
eligible entity not described
in subclause (I), the eligible
entity is located in a State or
an area served by a
metropolitan planning
organization that incorporated
a resilience improvement plan
into the metropolitan
transportation plan under
section 134 or the long-range
statewide transportation plan
under section 135, as
applicable.
(iii) Limitations.--
(I) Maximum reduction.--A
State or eligible entity may
not receive a reduction under
this paragraph of more than 10
percentage points for any
single project carried out with
funds under subsection (c) or a
grant under subsection (d).
(II) No negative non-federal
share.--A reduction under this
paragraph shall not reduce the
non-Federal share of the costs
of a project carried out with
funds under subsection (c) or a
grant under subsection (d) to
an amount that is less than
zero.
(2) Plan contents.--A resilience improvement plan
referred to in paragraph (1)--
(A) shall be for the immediate and long-range
planning activities and investments of the
State or metropolitan planning organization
with respect to resilience;
(B) shall demonstrate a systemic approach to
transportation system resilience and be
consistent with and complementary of the State
and local mitigation plans required under
section 322 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C.
5165);
(C) shall--
(i) include a risk-based assessment
of vulnerabilities of transportation
assets and systems to current and
future weather events and natural
disasters, such as severe storms,
flooding, drought, levee and dam
failures, wildfire, rockslides,
mudslides, sea level rise, extreme
weather, including extreme
temperatures, and earthquakes;
(ii) designate evacuation routes and
strategies, including multimodal
facilities, designated with
consideration for individuals without
access to personal vehicles;
(iii) plan for response to
anticipated emergencies, including
plans for the mobility of--
(I) emergency response
personnel and equipment; and
(II) access to emergency
services, including for
vulnerable or disadvantaged
populations;
(iv) describe the resilience
improvement policies, including
strategies, land-use and zoning
changes, investments in natural
infrastructure, or performance measures
that will inform the transportation
investment decisions of the State or
metropolitan planning organization with
the goal of increasing resilience;
(v) include an investment plan that--
(I) includes a list of
priority projects; and
(II) describes how funds
provided by a grant under the
program would be invested and
matched, which shall not be
subject to fiscal constraint
requirements; and
(vi) use science and data and
indicate the source of data and
methodologies; and
(D) shall, as appropriate--
(i) include a description of how the
plan will improve the ability of the
State or metropolitan planning
organization--
(I) to respond promptly to
the impacts of weather events
and natural disasters; and
(II) to be prepared for
changing conditions, such as
sea level rise and increased
flood risk;
(ii) describe the codes, standards,
and regulatory framework, if any,
adopted and enforced to ensure
resilience improvements within the
impacted area of proposed projects
included in the resilience improvement
plan;
(iii) consider the benefits of
combining hard infrastructure assets,
and natural infrastructure, through
coordinated efforts by the Federal
Government and the States;
(iv) assess the resilience of other
community assets, including buildings
and housing, emergency management
assets, and energy, water, and
communication infrastructure;
(v) use a long-term planning period;
and
(vi) include such other information
as the eligible entity considers
appropriate.
(3) No new planning requirements.--Nothing in this
section requires a metropolitan planning organization
or a State to develop a resilience improvement plan or
to include a resilience improvement plan under the
metropolitan transportation plan under section 134 or
the long-range statewide transportation plan under
section 135, as applicable, of the metropolitan
planning organization or State.
(g) Monitoring.--
(1) In general.--Not later than 18 months after the
date of enactment of this section, the Secretary, in
consultation with the officials described in subsection
(e), shall--
(A) establish, for the purpose of evaluating
the effectiveness and impacts of projects
carried out under the program--
(i) subject to paragraph (2),
transportation and any other metrics as
the Secretary determines to be
necessary; and
(ii) procedures for monitoring and
evaluating projects based on those
metrics; and
(B) select a representative sample of
projects to evaluate based on the metrics and
procedures established under subparagraph (A).
(2) Notice.--Before adopting any metrics described in
paragraph (1), the Secretary shall--
(A) publish the proposed metrics in the
Federal Register; and
(B) provide to the public an opportunity for
comment on the proposed metrics.
(h) Reports.--
(1) Reports from eligible entities.--Not later than 1
year after the date on which a project carried out
under the program is completed, the entity that carried
out the project shall submit to the Secretary a report
on the results of the project and the use of the funds
received under the program.
(2) Reports to congress.--
(A) Annual reports.--The Secretary shall
submit to Congress, and publish on the website
of the Department of Transportation, an annual
report that describes the implementation of the
program during the preceding calendar year,
including--
(i) each project for which a grant
was provided under the program;
(ii) information relating to project
applications received;
(iii) the manner in which the
consultation requirements were
implemented under this section;
(iv) recommendations to improve the
administration of the program,
including whether assistance from
additional or fewer agencies to carry
out the program is appropriate;
(v) the period required to disburse
grant funds to recipients based on
applicable Federal coordination
requirements; and
(vi) a list of facilities that
repeatedly require repair or
reconstruction due to emergency events.
(B) Final report.--Not later than 5 years
after the date of enactment of the America's
Transportation Infrastructure Act of 2019, the
Secretary shall submit to Congress a report
that includes the results of the reports
submitted under subparagraph (A).
(i) Administrative Expenses.--The Secretary shall use not
more than 5 percent of the amounts made available to carry out
the program for each fiscal year for the costs of administering
the program, including monitoring and evaluation under
subsection (g).
* * * * * * *
CHAPTER 2--OTHER HIGHWAYS
Sec. 201. Federal lands and tribal transportation programs
(a) Purpose.-- * * *
* * * * * * *
(c) Transportation Planning.--
(1) Transportation planning procedures.-- * * *
* * * * * * *
(6) Data collection.--
(A) Data collection.--
* * * * * * *
(ii) Requirement.--Data collected to
implement the tribal transportation
program shall be in accordance with the
Indian Self-Determination and Education
Assistance Act [(25 U.S.C. 450 et
seq.)] (25 U.S.C. 5301 et seq.).
* * * * * * *
(e) Transfers.--
(1) In general.-- * * *
* * * * * * *
(f) Alternative Contracting Methods.--
(1) In general.--Notwithstanding any other provision
of law (including the Federal Acquisition Regulation),
a contracting method available to a State under this
title may be used by the Secretary, on behalf of--
(A) a Federal land management agency, in
using any funds pursuant to sections 203, 204,
or 308;
(B) a Federal land management agency, in
using any funds pursuant to section 1535 of
title 31 for any of the eligible uses described
in sections 203(a)(1) and 204(a)(1) and
paragraphs (1) and (2) of section 308(a); or
(C) a Tribal government, in using funds
pursuant to section 202(b)(7)(D).
(2) Methods described.--The contracting methods
referred to in paragraph (1) shall include, at a
minimum--
(A) project bundling;
(B) bridge bundling;
(C) design-build contracting;
(D) 2-phase contracting;
(E) long-term concession agreements; and
(F) any method tested, or that could be
tested, under an experimental program relating
to contracting methods carried out by the
Secretary.
(3) Effect.--Nothing in this subsection--
(A) affects the application of the Federal
share for the project carried out with a
contracting method under this subsection; or
(B) modifies the point of obligation of
Federal salaries and expenses.
* * * * * * *
Sec. 202. Tribal transportation program
(a) Use of Funds.--
(1) In general.-- * * *
* * * * * * *
(10) Competitive bidding.--
(A) Construction.-- * * *
* * * * * * *
(B) Applicability.--Notwithstanding
subparagraph (A), section 23 of the Act of June
25, 1910 (25 U.S.C. 47) and section 7(b) of the
Indian Self-Determination and Education
Assistance Act [(25 U.S.C. 450e(b))] (25 U.S.C.
5307(b)) shall apply to all funds administered
by the Secretary of the Interior that are
appropriated for the construction and
improvement of tribal transportation
facilities.
(b) Funds Distribution.--
(1) National tribal transportation facility
inventory.--
* * * * * * *
(5) Health and safety assurances.--Notwithstanding
any other provision of law, an Indian tribal government
may approve plans, specifications, and estimates and
commence road and bridge construction with funds made
available from the tribal transportation program
through a contract or agreement under the Indian Self-
Determination and Education Assistance Act [(25 U.S.C.
450 et seq.)] (25 U.S.C. 5301 et seq.), if the Indian
tribal government--
* * * * * * *
(6) Contracts and agreements with Indian tribes.--
(A) In general.--Notwithstanding any other
provision of law or any interagency agreement,
program guideline, manual, or policy directive,
all funds made available through the Secretary
of the Interior under this chapter and section
125(e) for tribal transportation facilities to
pay for the costs of programs, services,
functions, and activities, or portions of
programs, services, functions, or activities,
that are specifically or functionally related
to the cost of planning, research, engineering,
and construction of any tribal transportation
facility shall be made available, upon request
of the Indian tribal government, to the Indian
tribal government for contracts and agreements
for such planning, research, engineering, and
construction in accordance with Indian Self-
Determination and Education Assistance Act [(25
U.S.C. 450 et seq.)] (25 U.S.C. 5301 et seq.).
* * * * * * *
(7) Contracts and agreements with Indian tribes.--
(A) In general.--Notwithstanding any other
provision of law or any interagency agreement,
program guideline, manual, or policy directive,
all funds made available to an Indian tribal
government under this chapter for a tribal
transportation facility program or project
shall be made available, on the request of the
Indian tribal government, to the Indian tribal
government for use in carrying out, in
accordance with the Indian Self-Determination
and Education Assistance Act [(25 U.S.C. 450 et
seq.)] (25 U.S.C. 5301 et seq.), contracts and
agreements for the planning, research, design,
engineering, construction, and maintenance
relating to the program or project.
* * * * * * *
(F) Eligibility.--
(i) In general.-- * * *
* * * * * * *
(ii) Considerations.--An Indian
tribal government that had no
uncorrected significant and material
audit exceptions in the required annual
audit of the contracts or self-
governance funding agreements made by
the Indian tribe with any Federal
agency under the Indian Self-
Determination and Education Assistance
Act [(25 U.S.C. 450 et seq.)] (25
U.S.C. 5301 et seq.) during the 3-
fiscal year period referred in clause
(i) shall be conclusive evidence of the
financial stability and financial
management capability of the Indian
tribe for purposes of clause (i).
* * * * * * *
(G) Assumption of functions and duties.--An
Indian tribal government receiving funding
under subparagraph (A) for a program or project
shall assume all functions and duties that the
Secretary of the Interior would have performed
with respect to a program or project under this
chapter, other than those functions and duties
that inherently cannot be legally transferred
under the Indian Self-Determination and
Education Assistance Act [(25 U.S.C. 450 et
seq.)] (25 U.S.C. 5301 et seq.).
(H) Powers.--An Indian tribal government
receiving funding under subparagraph (A) for a
program or project shall have all powers that
the Secretary of the Interior would have
exercised in administering the funds
transferred to the Indian tribal government for
such program or project under this section if
the funds had not been transferred, except to
the extent that such powers are powers that
inherently cannot be legally transferred under
the Indian Self-Determination and Education
Assistance Act [(25 U.S.C. 450 et seq.)] (25
U.S.C. 5301 et seq.).
(I) Dispute resolution.--In the event of a
disagreement between the Secretary or the
Secretary of the Interior and an Indian tribe
over whether a particular function, duty, or
power may be lawfully transferred to the Indian
tribe under the Indian Self-Determination and
Education Assistance Act [(25 U.S.C. 450 et
seq.)] (25 U.S.C. 5301 et seq.), the Indian
tribe shall have the right to pursue all
alternative dispute resolution and appeal
procedures authorized by that Act, including
regulations issued to carry out the Act.
* * * * * * *
(c) Planning.--
(1) In general.--For each fiscal year, not more than
2 percent of the funds made available for the tribal
transportation program shall be allocated among Indian
tribal governments that apply for transportation
planning pursuant to the Indian Self-Determination and
Education Assistance Act [(25 U.S.C. 450 et seq.)] (25
U.S.C. 5301 et seq.).
* * * * * * *
(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] (25 U.S.C. 5301 et
seq.).bridges eligible for the tribal transportation
program classified as in poor condition, having low
load capacity, or needing geometric improvements.
* * * * * * *
[(2) Funding.--Before making any distribution under
subsection (b), the Secretary shall set aside not more
than 3 percent of the funds made available under the
tribal transportation program for each fiscal year to
be allocated--
[(A) to carry out any planning, design,
engineering, preconstruction, construction, and
inspection of a project to replace,
rehabilitate, seismically retrofit, paint,
apply calcium magnesium acetate, sodium
acetate/formate, or other environmentally
acceptable, minimally corrosive anti-icing and
deicing composition; or
[(B) to implement any countermeasure for
deficient tribal transportation facility
bridges, including multiple-pipe culverts.]
(2) Use of funds.--Funds made available to carry out
this subsection shall be used--
(A) to carry out any planning, design,
engineering, preconstruction, construction, and
inspection of new or replacement tribal
transportation facility bridges;
(B) to replace, rehabilitate, seismically
retrofit, paint, apply calcium magnesium
acetate, sodium acetate/formate, or other
environmentally acceptable, minimally corrosive
anti-icing and deicing composition; or
(C) to implement any countermeasure for
tribal transportation facility bridges
classified as in poor condition, having a low
load capacity, or needing geometric
improvements, including multiple-pipe culverts.
(3) Eligible bridges.--To be eligible to receive
funding under this subsection, a bridge described in
paragraph (1) shall--
(A) have an opening of not less than 20 feet;
(B) be classified as a tribal transportation
facility; and
(C) be [structurally deficient or
functionally obsolete] classified as in poor
condition, having a low load capacity, or
needing geometric improvements.
* * * * * * *
(e) Safety.--
(1) Funding.--Before making any distribution under
subsection (b), the Secretary shall set aside not more
than [2 percent] 4 percent of the funds made available
under the tribal transportation program for each fiscal
year to be allocated based on an identification and
analysis of highway safety issues and opportunities on
tribal land, as determined by the Secretary, on
application of the Indian tribal governments for
eligible projects described in section 148(a)(4).
* * * * * * *
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) * * *
* * * * * * *
(B) capital, operations, and maintenance of
transit facilities; and
(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] $20,000,000 of the
amounts made available per fiscal year to carry
out this section for activities eligible under
subparagraph (A)(iv)(I).
* * * * * * *
(5) Competitive bidding.-- * * *
* * * * * * *
(6) Native plant materials.--In carrying out an
activity described in paragraph (1), the entity
carrying out the activity shall consider--
(A) the use of locally adapted native plant
materials; and
(B) designs that minimize runoff and heat
generation.
* * * * * * *
Sec. 204. Federal lands access program
(a) Use of Funds.--
(1) In general.--Funds made available under the
Federal lands access program shall be used by the
Secretary of Transportation and the Secretary of the
appropriate Federal land management agency to pay the
cost of--
(A) transportation planning, research,
engineering, preventive maintenance,
rehabilitation, restoration, context-sensitive
solutions, construction, and reconstruction of
Federal lands access transportation facilities
located on or adjacent to, or that provide
access to, Federal land, and--
(i) adjacent vehicular parking areas,
including interpretive panels in or
adjacent to those areas;
* * * * * * *
(v) construction and reconstruction
of roadside rest areas, including
sanitary and water facilities; [and]
(vi) contextual wayfinding markers;
(vii) landscaping;
(viii) cooperative mitigation of
visual blight, including screening or
removal; and
[(vi)] (ix) other appropriate public
road facilities, as determined by the
Secretary;
* * * * * * *
(5) Competitive bidding.--
(A) In general.-- * * *
* * * * * * *
(6) Native plant materials.--In carrying out an
activity described in paragraph (1), the Secretary
shall ensure that the entity carrying out the activity
considers--
(A) the use of locally adapted native plant
materials; and
(B) designs that minimize runoff and heat
generation.
* * * * * * *
Sec. 206. Recreational trails program
(a) Definitions.-- * * *
* * * * * * *
(d) Use of Apportioned Funds.--
(1) In general.-- * * *
* * * * * * *
(2) Permissible uses.--Permissible uses of funds
apportioned to a State for a fiscal year to carry out
this section include--
(A) * * *
* * * * * * *
(G) development and dissemination of
publications and operation of educational
programs to promote safety and environmental
protection, (as those objectives relate to one
or more of the [use of recreational trails]
uses of recreational trails, supporting non-law
enforcement trail safety and trail use
monitoring patrol programs, and providing
trail-related training), but in an amount not
to exceed 5 percent of the apportionment made
to the State for the fiscal year; and
* * * * * * *
Sec. 207. Tribal transportation self-governance program
(a) Establishment.-- * * *
* * * * * * *
(g) Cost Principles.--In administering funds received under
this section, an Indian tribe shall apply cost principles under
the applicable Office of Management and Budget circular, except
as modified by section 106 of the Indian Self-Determination and
Education Assistance Act [(25 U.S.C. 450j-1)] (25 U.S.C. 5325),
other provisions of law, or by any exemptions to applicable
Office of Management and Budget circulars subsequently granted
by the Office of Management and Budget. No other audit or
accounting standards shall be required by the Secretary. Any
claim by the Federal Government against the Indian tribe
relating to funds received under a funding agreement based on
any audit conducted pursuant to this subsection shall be
subject to the provisions of section 106(f) of that Act [(25
U.S.C. 450j-1(f))] (25 U.S.C. 5325(f)).
* * * * * * *
(l) Applicability of Indian Self-Determination and Education
Assistance Act.--Except to the extent in conflict with this
section (as determined by the Secretary), the following
provisions of the Indian Self-Determination and Education
Assistance Act shall apply to compact and funding agreements
(except that any reference to the Secretary of the Interior or
the Secretary of Health and Human Services in such provisions
shall be treated as a reference to the Secretary of
Transportation):
(1) Subsections (a), (b), (d), (g), and (h) of
section 506 of such Act [(25 U.S.C. 458aaa-5)] (25
U.S.C. 5386), relating to general provisions.
(2) Subsections (b) through (e) and (g) of section
507 of such Act [(25 U.S.C. 458aaa-6)] (25 U.S.C.
5387), relating to provisions relating to the Secretary
of Health and Human Services.
(3) Subsections (a), (b), (d), (e), (g), (h), (i),
and (k) of section 508 of such Act [(25 U.S.C. 458aaa-
7)] (25 U.S.C. 5388), relating to transfer of funds.
(4) Section 510 of such Act [(25 U.S.C. 458aaa-9)]
(25 U.S.C. 5390), relating to Federal procurement laws
and regulations.
(5) Section 511 of such Act [(25 U.S.C. 458aaa-10)]
(25 U.S.C. 5391), relating to civil actions.
(6) Subsections (a)(1), (a)(2), and (c) through (f)
of section 512 of such Act [(25 U.S.C. 458aaa-11)] (25
U.S.C. 5392), relating to facilitation, except that
subsection (c)(1) of that section shall be applied by
substituting ``transportation facilities and other
facilities'' for ``school buildings, hospitals, and
other facilities''.
(7) Subsections (a) and (b) of section 515 of such
Act [(25 U.S.C. 458aaa-14)] (25 U.S.C. 5395), relating
to disclaimers.
(8) Subsections (a) and (b) of section 516 of such
Act [(25 U.S.C. 458aaa-15)] (25 U.S.C. 5396), relating
to application of title I provisions.
(9) Section 518 of such Act [(25 U.S.C. 458aaa-17)]
(25 U.S.C. 5398), relating to appeals.
* * * * * * *
(m) Definitions.--
(1) In general.--In this section, the following
definitions apply (except as otherwise expressly
provided):
(A) Compact.-- * * *
* * * * * * *
(2) Applicability of other definitions.--In this
section, the definitions set forth in sections 4 and
[505] 501 of the Indian Self-Determination and
Education Assistance Act [(25 U.S.C. 450b; 458aaa)] (25
U.S.C. 5304; 5381). apply, except as otherwise
expressly provided in this section.
Sec. 217. Bicycle transportation and pedestrian walkways
(a) Use of STP and Congestion Mitigation Program Funds.-- * *
*
* * * * * * *
(d) State Bicycle and Pedestrian Coordinators.--Each State
receiving an apportionment under sections 104(b)(2) and
[104(b)(3)] 104(b)(4). of this title shall use such amount of
the apportionment as may be necessary to fund in the State
department of transportation a position of bicycle and
pedestrian coordinator for promoting and facilitating the
increased use of nonmotorized modes of transportation,
including developing facilities for the use of pedestrians and
bicyclists and public education, promotional, and safety
programs for using such facilities.
* * * * * * *
[Sec. 218. Alaska Highway
[(a) Notwithstanding any other provision of law upon
agreement with the State of Alaska, the Secretary is authorized
to expend on the Alaska Marine Highway System any Federal-aid
highway funds apportioned to the State of Alaska under this
title at a Federal share of 100 per centum.
[(b) For purposes of this section, the term ``Alaska Marine
Highway System'' includes all existing or planned
transportation facilities and equipment in Alaska, including
the lease, purchase, or construction of vessels, terminals,
docks, floats, ramps, staging areas, parking lots, bridges and
approaches thereto, and necessary roads.]
* * * * * * *
Sec. 218. Alaska Highway
(a) Recognizing the benefits that will accrue to the State of
Alaska and to the United States from the reconstruction of the
Alaska Highway from the Alaskan border at Beaver Creek, Yukon
Territory, to Haines Junction in Canada and the Haines Cutoff
Highway from Haines Junction in Canada to Haines, Alaska, the
Secretary may provide for the necessary reconstruction of the
highway using funds awarded through an applicable competitive
grant program, if the highway meets all applicable eligibility
requirements for the program, except for the specific
requirements established by the agreement for the Alaska
Highway Project between the Government of the United States and
the Government of Canada. In addition to the funds described in
the previous sentence, notwithstanding any other provision of
law and on agreement with the State of Alaska, the Secretary is
authorized to expend on such highway or the Alaska Marine
Highway System any Federal-aid highway funds apportioned to the
State of Alaska under this title at a Federal share of 100 per
centum. No expenditures shall be made for the construction of
the portion of such highways that are in Canada unless an
agreement is in place between the Government of Canada and the
Government of the United States (including an agreement in
existence on the date of enactment of the America's
Transportation Infrastructure Act of 2019) that provides, in
part, that the Canadian Government--
(1) will provide, without participation of funds
authorized under this title, all necessary right-of-way
for the reconstruction of such highways;
(2) will not impose any highway toll, or permit any
such toll to be charged for the use of such highways by
vehicles or persons;
(3) will not levy or assess, directly or indirectly,
any fee, tax, or other charge for the use of such
highways by vehicles or persons from the United States
that does not apply equally to vehicles or persons of
Canada;
(4) will continue to grant reciprocal recognition of
vehicle registration and driver's licenses in
accordance with agreements between the United States
and Canada; and
(5) will maintain such highways after their
completion in proper condition adequately to serve the
needs of present and future traffic.
(b) The survey and construction work undertaken in Canada
pursuant to this section shall be under the general supervision
of the Secretary.
(c) For purposes of this section, the term `Alaska Marine
Highway System' includes all existing or planned transportation
facilities and equipment in Alaska, including the lease,
purchase, or construction of vessels, terminals, docks, floats,
ramps, staging areas, parking lots, bridges and approaches
thereto, and necessary roads.
* * * * * * *
CHAPTER 3--GENERAL PROVISIONS
Sec.
* * * * * * *
301. Freedom from tolls.
* * * * * * *
325. [State assumption of responsibilities for certain programs and
projects.]
* * * * * * *
330. Program for eliminating duplication of environmental reviews.
331. Evaluation of projects within an operational right-of-way.
332. Department of Transportation reports.
* * * * * * *
Sec. 301. Freedom from tolls
* * * * * * *
Sec. 308. Cooperation with Federal and State agencies and foreign
countries
(a) Authorized Activities.--
(1) In general.-- * * *
* * * * * * *
(4) Alternative contracting methods.--
(A) In general.--Notwithstanding any other
provision of law (including the Federal
Acquisition Regulation), in performing services
under paragraph (1), the Secretary may use any
contracting method available to a State under
this title.
(B) Methods described.--The contracting
methods referred to in subparagraph (A) shall
include, at a minimum--
(i) project bundling;
(ii) bridge bundling;
(iii) design-build contracting;
(iv) 2-phase contracting;
(v) long-term concession agreements;
and
(vi) any method tested, or that could
be tested, under an experimental
program relating to contracting methods
carried out by the Secretary.
* * * * * * *
Sec. 313. Buy America
(a) * * *
* * * * * * *
(f) Limitation on Applicability of Waivers to Products
Produced in Certain Foreign Countries.--
(g) Waivers.--
(1) In general.--Not less than 15 days before issuing
a waiver under this section, the Secretary shall
provide to the public--
(A) notice of the proposed waiver;
(B) an opportunity for comment on the
proposed waiver; and
(C) the reasons for the proposed waiver.
(2) Report.--Not less frequently than annually, the
Secretary shall submit to the Committee on Environment
and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the waivers provided under
this section.
[(g)] (h) Application to Highway Programs.--T * * *
* * * * * * *
Sec. 323. Donations and credits
(a) Donations of Property Being Acquired.-- * * *
* * * * * * *
(d) Procedures.--A gift or donation in accordance with
subsection (a) may be made at any time during the development
of a project. Any document executed as part of such donation
prior to the approval of an environmental document prepared
pursuant to the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) shall clearly indicate that--
* * * * * * *
Sec. 330. Program for eliminating duplication of environmental reviews
(a) Establishment.-- * * *
* * * * * * *
Sec. 331. Evaluation of projects within an operational right-of-way
(a) Definitions.--
(1) Eligible project or activity.--
(A) In general.--In this section, the term
`eligible project or activity' means a project
or activity within an existing operational
right-of-way (as defined in section
771.117(c)(22) of title 23, Code of Federal
Regulations (or successor regulations))--
(i)(I) eligible for assistance under
this title; or
(II) administered as if made
available under this title;
(ii) that is--
(I) a preventive maintenance,
preservation, or highway safety
improvement project (as defined
in section 148(a)); or
(II) a new turn lane that the
State advises in writing to the
Secretary would assist public
safety; and
(iii) that--
(I) is classified as a
categorical exclusion under
section 771.117 of title 23,
Code of Federal Regulations (or
successor regulations); or
(II) if the project or
activity does not receive
assistance described in clause
(i) would be considered a
categorical exclusion if the
project or activity received
assistance described in clause
(i).
(B) Exclusion.--The term `eligible project or
activity' does not include a project to create
a new travel lane.
(2) Preliminary evaluation.--The term `preliminary
evaluation', with respect to an application described
in subsection (b)(1), means an evaluation that is
customary or practicable for the relevant agency to
complete within a 45-day period for similar
applications.
(3) Relevant agency.--The term `relevant agency'
means a Federal agency, other than the Federal Highway
Administration, with responsibility for review of an
application from a State for a permit, approval, or
jurisdictional determination for an eligible project or
activity.
(b) Action Required.--
(1) In general.--Subject to paragraph (2), not later
than 45 days after the date of receipt of an
application by a State for a permit, approval, or
jurisdictional determination for an eligible project or
activity, the head of the relevant agency shall--
(A) make at least a preliminary evaluation of
the application; and
(B) notify the State of the results of the
preliminary evaluation under subparagraph (A).
(2) Extension.--The head of the relevant agency may
extend the review period under paragraph (1) by not
more than 30 days if the head of the relevant agency
provides to the State written notice that includes an
explanation of the need for the extension.
(3) Failure to act.--If the head of the relevant
agency fails to meet a deadline under paragraph (1) or
(2), as applicable, the head of the relevant agency
shall--
(A) not later than 30 days after the date of
the missed deadline, submit to the State, the
Committee on Environment and Public Works of
the Senate, and the Committee on Transportation
and Infrastructure of the House of
Representatives a report that describes why the
deadline was missed; and
(B) not later than 14 days after the date on
which a report is submitted under subparagraph
(A), make publicly available, including on the
internet, a copy of that report.
Sec. 332. Department of Transportation reports
(a) Definition of Dashboard.--In this section, the term
`Dashboard' has the meaning given the term in section 41001 of
the FAST Act (42 U.S.C. 4370m).
(b) Reports.--Not later than January 31 of each year, the
Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report
with respect to any projects, programs, or authorities under
this title (other than chapter 4) that includes--
(1) for the preceding fiscal year--
(A) the median time described in subsection
(c)(1) posted on the Dashboard for projects
described in subsection (c)(2);
(B) a list of any new categorical exclusions
adopted by the Department and listed under
section 771.117 of title 23, Code of Federal
Regulations (or successor regulations); and
(C) a list of all regulatory requirements
that have been removed or reduced and, if
available, a summary of the cost savings
resulting from the removal or reduction to--
(i) States;
(ii) units of Tribal and local
government; and
(iii) the public; and
(2) for the current fiscal year--
(A) an estimate or documentation of the
median time elapsed between--
(i) the date of the publication in
the Federal Register of a notice of
intent to prepare an environmental
impact statement; and
(ii) the date of the record of
decision with respect to that
environmental impact statement by the
Department; and
(B) if available, a summary of the cost
savings, including cost savings to States,
units of Tribal and local government, and the
public, resulting from the removal or reduction
of regulatory requirements.
(c) Federal Permitting Dashboard.--
(1) In general.--Not later than January 31 of each
year, the Secretary shall provide to the Executive
Director of the Federal Permitting Improvement Steering
Council established under section 41002(a) of the FAST
Act (42 U.S.C. 4370m-1(a)), to make available on the
Dashboard, with respect to projects described in
paragraph (2), the median time elapsed between--
(A) the publication in the Federal Register
of the notice of intent to prepare an
environmental impact statement; and
(B) the date of issuance of the record of
decision with respect to that environmental
impact statement by the Department of
Transportation.
(2) Projects described.--A project referred to in
paragraph (1) is a project for which--
(A) a record of decision for an environmental
impact statement was issued during the
preceding fiscal year; and
(B) the Department of Transportation is a
lead agency (as defined in section 139).
* * * * * * *
CHAPTER 5--RESEARCH, TECHNOLOGY, AND EDUCATION
* * * * * * *
Sec. 501. Definitions
In this chapter, the following definitions apply:
(1) Federal laboratory.-- * * *
* * * * * * *
Sec. 503. Research and technology development and deployment
(a) In General.--The Secretary shall--
(1) carry out research, development, and deployment
activities that encompass the entire innovation
lifecycle; and
(2) ensure that all research carried out under this
section aligns with the transportation research and
development strategic plan of the Secretary under
[section 508] section 6503 of title 49.
(b) Highway Research and Development Program.--
(1) Objectives.-- * * *
* * * * * * *
(C) carry out research, testing, and
evaluation activities; [and]
(D) provide technology transfer and technical
assistance[.] ;
(E) engage with public and private entities
to spur advancement of emerging transformative
innovations through accelerated market
readiness; and
(F) consult frequently with public and
private entities on new transportation
technologies.
(2) Improving highway safety.--
(A) In general.--* * *
* * * * * * *
(C) Contents.--Research and technology
activities carried out under this paragraph may
include--
(i) * * *
* * * * * * *
(ix) safety measures for vulnerable
road users, including bicyclists and
pedestrians;
(x) safety measures to reduce the
number of wildlife-vehicle collisions;
[(x)] (xi) safety policy studies;
[(xi)] (xii) human factors studies
and measures;
[(xii)] (xiii) safety technology
deployment;
[(xiii)] (xiv) safety workforce
professional capacity building
initiatives;
[(xiv)] (xv) safety program and
process improvements; and
[(xv)] (xvi) tools and methods to
enhance safety performance, including
achievement of statewide safety
performance targets.
(3) Improving infrastructure integrity.--
(A) In general.--* * *
* * * * * * *
(B) Objectives.--In carrying out this
paragraph, the Secretary shall carry out
research and development activities--
(i)* * *
* * * * * * *
(viii) to study vulnerabilities of
the transportation system to seismic
activities and extreme weather events
and methods to reduce those
vulnerabilities.
(C) Contents.--Research and technology
activities carried out under this paragraph may
include--
(i)* * *
* * * * * * *
(xv) studies to improve flexibility
and resiliency of infrastructure
systems to withstand extreme weather
events and climate variability;
* * * * * * *
(xviii) maintenance of seismic
research activities, including research
carried out in conjunction with other
Federal agencies to study the
vulnerability of the transportation
system to seismic activity and methods
to reduce that vulnerability; [and]
(xix) technology transfer and
adoption of permeable, pervious, or
porous paving materials, practices, and
systems that are designed to minimize
environmental impacts, stormwater
runoff, and flooding and to treat or
remove pollutants by allowing
stormwater to infiltrate through the
pavement in a manner similar to
predevelopment hydrologic conditions[.]
; and
(xx) studies on the deployment and
revenue potential of the deployment of
energy and broadband infrastructure in
highway rights-of-way, including
potential adverse impacts of the use or
nonuse of those rights-of-way.
* * * * * * *
(6) Exploratory advanced research.--The Secretary
shall carry out research and development activities
relating to exploratory advanced research--
(A) to leverage the targeted capabilities of
the Turner-Fairbank Highway Research Center to
develop technologies and innovations of
national importance; [and]
(B) to develop potentially transformational
solutions to improve the durability,
efficiency, environmental impact, productivity,
and safety aspects of highway and intermodal
transportation systems[.] ; and
(C) to support research on non-market-ready
technologies in consultation with public and
private entities.
(7) Turner-Fairbank Highway Research Center.--
(A) In general.--The Secretary shall continue
to operate in the Federal Highway
Administration a Turner-Fairbank Highway
Research Center.
(B) Uses of the Center.--The Turner-Fairbank
Highway Research Center shall support
innovations by leading--
(i) * * *
* * * * * * *
(iii) the development of innovative
highway products and practices; [and]
(iv) the conduct of long-term, high-
risk research to improve the materials
used in highway infrastructure[.] ; and
(v) the evaluation of information
from accelerated market readiness
efforts, including non-market-ready
technologies, in consultation with
other offices of the Federal Highway
Administration and key partners.
(8) Infrastructure investment needs report.--
(A) In general.--Not later than July 31,
2013, and July 31 of every second year
thereafter, the Secretary shall submit to the
Committee on Transportation and Infrastructure
of the House of Representatives and the
Committee on Environment and Public Works of
the Senate a report that describes estimates of
the [future highway and bridge needs of the
United States and the backlog of current
highway and bridge needs.] current conditions
and future needs of highways, bridges, and
tunnels of the United States, including--
(i) the conditions and performance of
the highway network for freight
movement;
(ii) intelligent transportation
systems;
(iii) resilience needs; and
(iv) the backlog of current highway,
bridge, and tunnel needs.
* * * * * * *
(9) Analysis tools.--The Secretary may develop
interactive modeling tools and databases that--
(A) track the full condition of highway
assets, including interchanges, and the
reconstruction history of those assets;
(B) can be used to assess transportation
options;
(C) allow for the monitoring and modeling of
network-level traffic flows on highways; and
(D) further Federal and State understanding
of the importance of national and regional
connectivity and the need for long-distance and
interregional passenger and freight travel by
highway and other surface transportation modes.
(c) Technology and Innovation Deployment Program.--
(1) In general.--The Secretary shall carry out a
technology and innovation deployment program relating
to all aspects of highway transportation, including
planning, financing, operation, structures, use of
rights-of-way permissible under applicable law,
materials, pavements, environment, construction, and
the duration of time between project planning and
project delivery, with the goals of--
* * * * * * *
(A) * * *
* * * * * * *
(D) improving highway efficiency, safety,
mobility, reliability, service life,
environmental protection, and sustainability;
[and]
(E) developing and deploying new tools,
techniques, and practices to accelerate the
adoption of innovation in all aspects of
highway transportation[.] ; and
(F) disseminating and evaluating information
from accelerated market readiness efforts,
including non-market-ready technologies, to
public and private entities.
(2) Implementation.--
(A) In general.--* * *
* * * * * * *
(B) Accelerated innovation deployment.--* * *
* * * * * * *
(iii) develop [improved tools and
methods to accelerate the adoption] and
deploy improved tools and methods to
accelerate the adoption of early-stage
and proven innovative practices and
technologies and, as the Secretary
determines to be appropriate, support
continued implementation of proven
innovative practices and technologies
as standard practices.
* * * * * * *
(D) Report.--Not later than 2 years after the
date of enactment of this subparagraph and
every 2 years thereafter, the Secretary shall
submit to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House
of Representatives and make publicly available
on an internet website a report that
describes--
(i) the activities the Secretary has
undertaken to carry out the program
established under paragraph (1); and
(ii) how and to what extent the
Secretary has worked to disseminate
non-market-ready technologies to public
and private entities.
(3) Accelerated implementation and deployment of
pavement technologies.--
(A) In general.--* * *
* * * * * * *
(B) Goals.--* * *
* * * * * * *
(C) High-friction surface treatment
application study.--
(i) Definition of institution.--In
this subparagraph, the term
`institution' means a private sector
entity, public agency, research
university or other research
institution, or organization
representing transportation and
technology leaders or other
transportation stakeholders that, as
determined by the Secretary, is capable
of working with State highway agencies,
the Federal Highway Administration, and
the highway construction industry to
develop and evaluate new products,
design technologies, and construction
methods that quickly lead to pavement
improvements.
(ii) Study.--The Secretary shall seek
to enter into an agreement with an
institution to carry out a study on the
use of natural and synthetic calcined
bauxite as a high-friction surface
treatment application on pavement.
(iii) Report.--Not later than 18
months after the date of enactment of
the America's Transportation
Infrastructure Act of 2019, the
Secretary shall submit a report on the
results of the study under clause (ii)
to--
`(I) the Committee on
Environment and Public Works of
the Senate;
(II) the Committee on
Transportation and
Infrastructure of the House of
Representatives;
(III) the Federal Highway
Administration; and
(IV) the American Association
of State Highway and
Transportation Officials.
[(C)] (D) Funding.--The Secretary shall
obligate for each of [fiscal years 2016 through
2020] fiscal years 2021 through 2025 from funds
made available to carry out this subsection
$12,000,000 to accelerate the deployment and
implementation of pavement technology.
[(D)] (E) Publication.--
(i) In general.--Not less frequently
than [annually] once every 3 years, the
Secretary shall issue and make
available to the public on an Internet
website a report on the cost and
benefits from deployment of new
technology and innovations that
substantially and directly resulted
from the program established under this
paragraph.
(ii) Inclusions.--The report under
clause (i) may include an analysis of--
(I) Federal, State, and local
cost savings;
(II) project delivery time
improvements;
(III) reduced fatalities;
[and]
(IV) congestion impacts[.] ;
and
(V) pavement monitoring and
data collection practices;
(VI) pavement durability and
resilience;
(VII) stormwater management;
(VIII) impacts on vehicle
efficiency;
(IX) the energy efficiency of
the production of paving
materials and the ability of
paving materials to enhance the
environment and promote
sustainability; and
(X) integration of renewable
energy in pavement designs.
(4) Advanced transportation technologies and
innovative mobility deployment.--
[(A) In general.--Not later than 6 months
after the date of enactment of this paragraph,
the Secretary shall establish an advanced
transportation and congestion management
technologies deployment initiative to provide
grants to eligible entities to develop model
deployment sites for large scale installation
and operation of advanced transportation
technologies to improve safety, efficiency,
system performance, and infrastructure return
on investment.]
(A) In general.--The Secretary shall provide
grants to eligible entities to deploy, install,
and operate advanced transportation
technologies to improve safety, mobility,
efficiency, system performance, intermodal
connectivity, and infrastructure return on
investment.
(B) Criteria.--The Secretary shall develop
criteria for selection of an eligible entity to
receive a grant under this paragraph, including
how the deployment of technology will--
(i) reduce costs and improve return
on investments, including through [the
enhanced use] optimization of existing
transportation capacity;
* * * * * * *
(v) collect, disseminate, and use
real-time traffic, [transit,] work
zone, weather, transit, paratransit,
parking, and other transportation-
related information to improve
mobility, reduce congestion, and
provide for more efficient [and
accessible transportation], accessible,
and integrated transportation and
transportation services;
(vi) facilitate account-based
payments for transportation access and
services and integrate payment systems
across modes;
[(vi)] (vii) monitor transportation
assets to improve infrastructure
management, reduce maintenance costs,
prioritize investment decisions, and
ensure a state of good repair;
[(vii)] (viii) deliver economic
benefits by reducing delays, improving
system performance, and providing for
the efficient and reliable movement of
goods and services; [or]
(ix) incentivize travelers--
(I) to share trips during
periods in which travel demand
exceeds system capacity; or
(II) to shift trips to
periods in which travel demand
does not exceed system
capacity; or
[(viii)] (x) accelerate the
deployment of vehicle-to-vehicle,
vehicle-to-infrastructure, autonomous
vehicles, and other technologies.
(C) Applications.--
(i) Request.--[Not later than 6
months after the date of enactment of
this paragraph, and for every fiscal
year thereafter] Each fiscal year for
which funding is made available for
activities under this paragraph, the
Secretary shall request applications in
accordance with clause (ii).
(ii) Contents.--An application
submitted under this subparagraph shall
include the following:
(I) Plan.--A plan to deploy
and provide for the long-term
operation and maintenance of
advanced transportation and
congestion management
technologies to improve safety,
mobility, efficiency, system
performance, and return on
investment.
(II) Objectives.--
Quantifiable system performance
improvements, such as--
(aa) reducing
traffic-related
crashes, congestion,
and costs;
(bb) optimizing
system efficiency;
[and]
(cc) improving access
to transportation
services[.] ; and
* * * * * * *
(dd) facilitating
payment for
transportation
services.
(D) Grant selection.--
(i) Grant awards.--[Not later than 1
year after the date of enactment of
this paragraph, and for every fiscal
year thereafter] Each fiscal year for
which funding is made available for
activities under this paragraph, the
Secretary shall award grants to not
less than 5 and not more than 10
eligible entities.
(ii) Geographic diversity.--[In
awarding]
(I) In general.--Subject to
subclause (II), in awarding a
grant under this paragraph, the
Secretary shall ensure, to the
extent practicable, that grant
recipients represent diverse
geographic areas of the United
States, including urban and
rural areas.
(II) Rural set-aside.--Not
less than 20 percent of the
amounts made available to carry
out this paragraph shall be
reserved for projects serving
rural areas.
* * * * * * *
(E) Use of grant funds.--A grant recipient
may use funds awarded under this paragraph to
deploy advanced transportation and congestion
management technologies, including--
(i) advanced traveler information
systems;
(ii) advanced transportation
management technologies;
(iii) advanced transportation
technologies to improve emergency
evacuation and response by Federal,
State, and local authorities;
[(iii)] (iv) infrastructure
maintenance, monitoring, and condition
assessment;
[(iv)] (v) advanced public
transportation systems;
[(v)] (vi) transportation system
performance data collection, analysis,
and dissemination systems;
[(vi)] (vii) advanced safety systems,
including vehicle-to-vehicle and
vehicle-to-infrastructure
communications, technologies associated
with autonomous vehicles, and other
collision avoidance technologies,
including systems using cellular
technology;
[(vii)] (viii) integration of
intelligent transportation systems with
the Smart Grid and other energy
distribution and charging systems;
(ix) integrated corridor management
systems;
(x) advanced parking reservation or
variable pricing systems;
[(viii)] (xi) electronic pricing,
toll collection, and payment systems;
[or]
(xii) technology that enhances high
occupancy vehicle toll lanes, cordon
pricing, or congestion pricing;
(xiii) integration of transportation
service payment systems; or
[(ix)] (xiv) advanced mobility [and
access], access, and on-demand
transportation service technologies,
such as dynamic ridesharing and other
shared-use mobility applications and
information systems to support human
services for elderly and disabled
individuals.
(F) Report to Secretary.--For each eligible
entity that receives a grant under this
paragraph, not later than 1 year after the
entity receives the grant, and each year
thereafter, the entity shall submit a report to
the Secretary that describes--
(i) deployment and operational costs
of the project compared to the benefits
and savings the project provides; and
(ii)* * *
* * * * * * *
(IV) lessons learned and
recommendations for future
deployment strategies to
optimize transportation
[efficiency and multimodal
system performance] mobility,
efficiency, multimodal system
performance, and payment system
performance.
(G) Report.--* * *
* * * * * * *
(v) improved access to transportation
alternatives;
(vi) improved integration of payment
systems;
[(vi)] (vii) provided the public with
access to real-time integrated traffic,
transit, and multimodal transportation
information to make informed travel
decisions;
[(vii)] (viii) provided cost savings
to transportation agencies, businesses,
and the traveling public; or
[(viii)] (ix) provided other benefits
to transportation users and the general
public.
* * * * * * *
(I) Funding.--
(i) In general.--From funds made
available to carry out subsection (b),
this subsection, and sections 512
through 518, the Secretary shall set
aside for grants awarded under
subparagraph (D) $60,000,000 for each
of [fiscal years 2016 through 2020]
fiscal years 2021 through 2025.
* * * * * * *
(N) Definitions.--In this paragraph, the
following definitions apply:
(i) Eligible entity.--The term
``eligible entity'' means a State or
local government, a transit agency,
metropolitan planning organization
[representing a population of over
200,000], or other political
subdivision of a State or local
government or a multijurisdictional
group or a consortia of research
institutions or academic institutions.
* * * * * * *
(iii) Multijurisdictional group.--The
term ``multijurisdictional group''
means [a any] any combination of State
governments, local governments,
metropolitan planning agencies, transit
agencies, or other political
subdivisions of a State for which each
member of the group--
* * * * * * *
(5) Accelerated implementation and deployment of
advanced digital construction management systems.--
(A) In general.--The Secretary shall
establish and implement a program under the
technology and innovation deployment program
established under paragraph (1) to promote,
implement, deploy, demonstrate, showcase,
support, and document the application of
advanced digital construction management
systems, practices, performance, and benefits.
(B) Goals.--The goals of the accelerated
implementation and deployment of advanced
digital construction management systems program
established under subparagraph (A) shall
include--
(i) accelerated State adoption of
advanced digital construction
management systems applied throughout
the construction lifecycle (including
through the design and engineering,
construction, and operations phases)
that--
(I) maximize interoperability
with other systems, products,
tools, or applications;
(II) boost productivity;
(III) manage complexity;
(IV) reduce project delays
and cost overruns; and
(V) enhance safety and
quality;
(ii) more timely and productive
information-sharing among stakeholders
through reduced reliance on paper to
manage construction processes and
deliverables such as blueprints, design
drawings, procurement and supply-chain
orders, equipment logs, daily progress
reports, and punch lists;
(iii) deployment of digital
management systems that enable and
leverage the use of digital
technologies on construction sites by
contractors, such as state-of-the-art
automated and connected machinery and
optimized routing software that allows
construction workers to perform tasks
faster, safer, more accurately, and
with minimal supervision;
(iv) the development and deployment
of best practices for use in digital
construction management;
(v) increased technology adoption and
deployment by States and units of local
government that enables project
sponsors--
(I) to integrate the adoption
of digital management systems
and technologies in contracts;
and
(II) to weigh the cost of
digitization and technology in
setting project budgets;
(vi) technology training and
workforce development to build the
capabilities of project managers and
sponsors that enables States and units
of local government--
(I) to better manage projects
using advanced construction
management technologies; and
(II) to properly measure and
reward technology adoption
across projects of the State or
unit of local government;
(vii) development of guidance to
assist States in updating regulations
of the State to allow project sponsors
and contractors--
(I) to report data relating
to the project in digital
formats; and
(II) to fully capture the
efficiencies and benefits of
advanced digital construction
management systems and related
technologies;
(viii) reduction in the environmental
footprint of construction projects
using advanced digital construction
management systems resulting from
elimination of congestion through more
efficient projects; and
(ix) enhanced worker and pedestrian
safety resulting from increased
transparency.
(C) Funding.--For each of fiscal years 2021
through 2025, the Secretary shall obligate from
funds made available to carry out this
subsection $20,000,000 to accelerate the
deployment and implementation of advanced
digital construction management systems.
(D) Publication.--
(i) In general.--Not less frequently
than annually, the Secretary shall
issue and make available to the public
on a website a report on--
(I) progress made in the
implementation of advanced
digital management systems by
States; and
(II) the costs and benefits
of the deployment of new
technology and innovations that
substantially and directly
resulted from the program
established under this
paragraph.
(ii) Inclusions.--The report under
clause (i) may include an analysis of--
(I) Federal, State, and local
cost savings;
(II) project delivery time
improvements;
(III) congestion impacts; and
(IV) safety improvements for
roadway users and construction
workers.
(6) Center of excellence.--
(A) Definitions.--In this paragraph:
(i) Automated vehicle.--The term
`automated vehicle' means a motor
vehicle that--
(I) has a taxable gross
weight (as defined in section
41.4482(b)-1 of title 26, Code
of Federal Regulations (or
successor regulations)) of
10,000 pounds or less; and
(II) is capable of performing
the entire task of driving
(including steering,
accelerating and decelerating,
and reacting to external
stimulus) without human
intervention.
(ii) New mobility.--The term `new
mobility' includes shared services such
as--
(I) docked and dockless
bicycles;
(II) docked and dockless
electric scooters; and
(III) transportation network
companies.
(B) Establishment.--Not later than 1 year
after the date of enactment of the America's
Transportation Infrastructure Act of 2019, the
Secretary shall establish a Center of
Excellence to collect, conduct, and fund
research on the impacts of new mobility and
automated vehicles on land use, urban design,
transportation, real estate, equity, and
municipal budgets.
(C) Partnerships.--In establishing the Center
of Excellence under subparagraph (B), the
Secretary shall enter into appropriate
partnerships with any institution of higher
education (as defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001))
or public or private research entity.
* * * * * * *
Sec. 504. Training and education
(a) National Highway Institute.--
(1) In general.-- * * *
* * * * * * *
(e) Surface Transportation Workforce Development, Training,
and Education.--
(1) Funding.--Subject to project approval by the
Secretary, a State may obligate funds apportioned to
the State under paragraphs (1) through (4) of section
104(b) for surface transportation workforce
development, training, and education, including--
(A) * * *
* * * * * * *
(D) pre-apprenticeships, apprenticeships, and
career opportunities for on-the-job training;
[(D)] (E) university [or community college] ,
college, community college, or vocational
school support;
[(E)] (F) education activities, including
outreach, to develop interest and promote
participation in surface transportation
careers;
(G) activities associated with workforce
training and employment services, such as
targeted outreach and partnerships with
industry, economic development organizations,
workforce development boards, and labor
organizations;
[(F)] (H) activities carried out by the
National Highway Institute under subsection
(a); and
[(G)] (I) local technical assistance programs
under subsection (b).
(2) Federal share.--The Federal share of the cost of
activities carried out in accordance with this
subsection shall be 100 percent, except for activities
carried out under [paragraph (1)(G)] paragraph (1) (I),
for which the Federal share shall be 50 percent.
(3) Surface transportation workforce development,
training, and education defined.--In this subsection,
the term ``surface transportation workforce
development, training, and education'' means activities
associated with surface transportation career
awareness, student transportation career preparation,
and training and professional development for surface
transportation workers, [including activities]
including--
(A) activities for women and minorities[.] ;
(B) activities that address current workforce
gaps, such as work on construction projects, of
State and local transportation agencies;
(C) activities to develop a robust surface
transportation workforce with new skills
resulting from emerging transportation
technologies; and
(D) activities to attract new sources of job-
creating investment.
* * * * * * *
(f) Transportation Education [Development] and Training
Development and Deployment Program.--
[(1) Establishment.--The Secretary shall establish a
program to make grants to institutions of higher
education that, in partnership with industry or State
departments of transportation, will develop, test, and
revise new curricula and education programs to train
individuals at all levels of the transportation
workforce.]
(1) Establishment.--The Secretary shall establish a
program to make grants to educational institutions or
State departments of transportation, in partnership
with industry and relevant Federal departments and
agencies--
(A) to develop, test, and review new
curricula and education programs to train
individuals at all levels of the transportation
workforce; or
(B) to implement the new curricula and
education programs to provide for hands-on
career opportunities to meet current and future
needs.
(2) Selection of grant recipients.--In selecting
applications for awards under this subsection, the
Secretary [shall] may consider--
(A) the degree to which the new curricula or
education program meets the specific current or
future needs of a segment of the transportation
industry, States, or regions;
* * * * * * *
(E) programs or curricula [in nontraditional
departments] that train professionals for work
in the transportation field, such as
construction, materials, information
technology, environmental science, urban
planning, and industrial or emerging
technology; and
* * * * * * *
(3) Reporting.--The Secretary shall establish minimum
reporting requirements for grant recipients under this
subsection, which may include, with respect to a
program carried out with a grant under this
subsection--
(A) the percentage or number of program
participants that are employed during the
second quarter after exiting the program;
(B) the percentage or number of program
participants that are employed during the
fourth quarter after exiting the program;
(C) the median earnings of program
participants that are employed during the
second quarter after exiting the program;
(D) the percentage or number of program
participants that obtain a recognized
postsecondary credential or a secondary school
diploma (or a recognized equivalent) during
participation in the program or by not later
than 1 year after exiting the program; and
(E) the percentage or number of program
participants that, during a program year--
(i) are in an education or training
program that leads to a recognized
postsecondary credential or employment;
and
(ii) are achieving measurable skill
gains toward such a credential or
employment.
* * * * * * *
[(3)] (4) Limitations.--The amount of a grant under
this subsection shall not exceed $300,000 per year.
After a recipient has received 3 years of Federal
funding under this subsection, Federal funding may
equal not more than 75 percent of a grantee's program
costs.
(g) Freight Capacity Building Program.--
(1) Establishment.-- * * *
* * * * * * *
(6) Use of funds.--Funds made available for the
program established under this subsection may be used
for research, program development, information
collection and dissemination, and technical assistance.
The Secretary may use such funds independently or [make
grants or to] make grants tod enter into
contracts and cooperative agreements with a Federal
agency, State agency, local agency, federally
recognized Indian tribal government or tribal
consortium, authority, association, nonprofit or for-
profit corporation, or institution of higher education,
to carry out the purposes of this subsection.
* * * * * * *
(i) Use of Funds.--The Secretary may use funds made available
to carry out this section to carry out activities related to
workforce development and technical assistance and training
if--
(1) the activities are authorized by another
provision of this title; and
(2) the activities are for entities other than
employees of the Secretary, such as States, units of
local government, Federal land management agencies, and
Tribal governments.
* * * * * * *
Sec. 515. General authorities and requirements
(a) Scope.-- * * *
* * * * * * *
(h) Advisory Committee.--
(1) In general.--The Secretary shall establish an
Advisory Committee to advise the Secretary on carrying
out sections 512 through 518.
(2) Membership.--The Advisory Committee shall have no
more than 20 members, be balanced between metropolitan
and rural interests, and include, at a minimum--
(A) * * *
* * * * * * *
(B) a representative from a local highway
department who is not from a metropolitan
planning organization;
(C) a representative from a State, local, or
regional transit agency;
(D) a representative from a State, local, or
regional wildlife, land use, or resource
management agency;
[(D)] (E) a representative from a
metropolitan planning organization;
[(E)] (F) a private sector user of
intelligent transportation system technologies;
[(F)] (G) an academic researcher with
expertise in computer science or another
information science field related to
intelligent transportation systems, and who is
not an expert on transportation issues;
[(G)] (H) an academic researcher who is a
civil engineer;
[(H)] (I) an academic researcher who is a
social scientist with expertise in
transportation issues;
(J) an academic researcher who is a
biological or ecological scientist with
expertise in transportation issues;
[(I)] (K) a representative from a nonprofit
group representing the intelligent
transportation system industry;
[(J)] (L) a representative from a public
interest group concerned with safety;
[(K)] (M) a representative from a public
interest group concerned with the impact of the
transportation system on land use and
residential patterns; [and]
(N) a representative from a public interest
group concerned with the impact of the
transportation system on terrestrial and
aquatic species and the habitat of those
species; and
[(L)] (O) members with expertise in planning,
safety, telecommunications, utilities, and
operations.
* * * * * * *
Sec. 516. Research and development
(a) In General.-- * * *
* * * * * * *
(b) Priority Areas.--Under the program, the Secretary shall
give higher priority to funding projects that--
(1) * * *
* * * * * * *
(6) enhance safety through improved crash avoidance
and protection, crash and other notification,
commercial motor vehicle operations, and
infrastructure-based or cooperative safety systems,
including animal detection systems to reduce the number
of wildlife-vehicle collisions ; or
* * * * * * *
CHAPTER 6--INFRASTRUCTURE FINANCE
* * * * * * *
Sec. 601. Generally applicable provisions
(a) Definitions.--The following definitions apply to sections
601 through 609:
(1) Administratively allocated.--The term
`administratively allocated' means the allocation by
the Secretary of budget authority for a project under
the TIFIA program that occurs when--
(A) a potential applicant has been invited
into the creditworthiness phase for a project
under the TIFIA program; or
(B) the project is subject to a master credit
agreement, in accordance with section
602(b)(2).
[(1)] (2) Contingent commitment.-- * * *
* * * * * * *
[(2)] (3) Eligible project costs.-- * * *
* * * * * * *
[(3)] (4) Federal credit instrument.--The term
``Federal credit instrument'' means a secured loan,
loan guarantee, or line of credit authorized to be made
available under the TIFIA program with respect to a
project.
[(4)] (5) Investment-grade rating.-- * * *
* * * * * * *
[(5)] (6) Lender.-- * * *
* * * * * * *
[(6)] (7) Letter of interest.-- * * *
* * * * * * *
[(7)] (8) Line of credit.-- * * *
* * * * * * *
[(8)] (9) Limited buydown.-- * * *
* * * * * * *
[(9)] (10) Loan guarantee.-- * * *
* * * * * * *
[(10)] (11) Master credit agreement.--The term
``master credit agreement'' means a conditional
agreement to extend credit assistance for a program of
related projects secured by a common security pledge
covered under section 602(b)(2)(A) or for a single
project covered under section 602(b)(2)(B) that does
not provide for a current obligation of Federal funds,
and that would--
(A) * * *
* * * * * * *
(E) require that contingent commitments
result in a financial close and obligation of
credit assistance not later than [3 years] 5
years after the date of entry into the master
credit agreement, or release of the commitment,
unless otherwise extended by the Secretary.
[(11)] (12) Obligor.-- * * *
* * * * * * *
[(12)] (13) Project.--The term ``project'' means--
(A) * * *
* * * * * * *
[(E) a project to improve or construct public
infrastructure that is located within walking
distance of, and accessible to, a fixed
guideway transit facility, passenger rail
station, intercity bus station, or intermodal
facility, including a transportation, public
utility, or capital project described in
section 5302(3)(G)(v) of title 49, and related
infrastructure; and]
(E) a project to improve or construct public
infrastructure--
(i) that--
(I) is located within walking
distance of, and accessible to,
a fixed guideway transit
facility, passenger rail
station, intercity bus station,
or intermodal facility,
including a transportation,
public utility, or capital
project described in section
5302(3)(G)(v) of title 49, and
related infrastructure; or
(II) is a project for
economic development, including
commercial and residential
development, and related
infrastructure and activities--
(aa) that
incorporates private
investment;
(bb) that is
physically or
functionally related to
a passenger rail
station or multimodal
station that includes
rail service;
(cc) for which the
project sponsor has a
high probability of
commencing the
contracting process for
construction by not
later than 90 days
after the date on which
credit assistance under
the TIFIA program is
provided for the
project; and
(dd) that has a high
probability of reducing
the need for financial
assistance under any
other Federal program
for the relevant
passenger rail station
or service by
increasing ridership,
tenant lease payments,
or other activities
that generate revenue
exceeding costs; and
(ii) for which, by not later than
September 30, 2025, the Secretary has--
(I) received a letter of
interest; and
(II) determined that the
project is eligible for
assistance;
(F) the capitalization of a rural projects
fund[.] ;
(G) an eligible airport-related project (as
defined in section 40117(a) of title 49) for
which, not later than September 30, 2024, the
Secretary has--
(i) received a letter of interest;
and
(ii) determined that the project is
eligible for assistance; and
(H) a project for the acquisition of plant
and wildlife habitat pursuant to a conservation
plan that--
(i) has been approved by the
Secretary of the Interior pursuant to
section 10 of the Endangered Species
Act of 1973 (16 U.S.C. 1539); and
(ii) in the judgment of the
Secretary, would mitigate the
environmental impacts of transportation
infrastructure projects otherwise
eligible for assistance under this
title.
[(13)] (14) Project obligation.-- * * *
* * * * * * *
[(14)] (15) Rating agency.-- * * *
* * * * * * *
[(15)] (16) Rural infrastructure project.-- * * *
* * * * * * *
[(16)] (17) Rural projects fund.-- * * *
* * * * * * *
[(17)] (18) Secured loan.-- * * *
* * * * * * *
[(18)] (19) State.-- * * *
* * * * * * *
[(19)] (20) State infrastructure bank.-- * * *
* * * * * * *
[(20)] (21) Subsidy amount.-- * * *
* * * * * * *
[(21)] (22) Substantial completion.-- * * *
* * * * * * *
[(22)] (23) TIFIA program.-- * * *
* * * * * * *
Sec. 602. Determination of eligibility and project selection
(a) Eligibility.--
(1) In general.-- * * *
* * * * * * *
(2) Creditworthiness.--
(A) In general.--To be eligible for
assistance under the TIFIA program, a project
shall satisfy applicable creditworthiness
standards, which, at a minimum, shall include--
(i) * * *
* * * * * * *
(iv) [a rating] an investment-grade
rating from at least 2 rating agencies
on the Federal credit instrument,
subject to the condition that, with
respect to clause (iii), if the total
amount of the senior debt and the
Federal credit instrument is less than
[$75,000,000] $150,000,000, 1 rating
agency opinion for each of the senior
debt and Federal credit instrument
shall be sufficient.
(B) Senior debt.--Notwithstanding
subparagraph (A), in a case in which the
Federal credit instrument is the [senior debt]
senior debt, the Federal credit instrument
shall be required to receive an investment
grade rating from at least 2 rating agencies,
unless the [credit instrument is for an amount
less than $75,000,000] total amount of other
senior debt and the Federal credit instrument
is less than $150,000,000, in which case 1
rating agency opinion shall be sufficient.
* * * * * * *
(5) Eligible project cost parameters.--
(A) In general.-- * * *
* * * * * * *
(B) Exceptions.--
(i) Intelligent transportation
systems.-- * * *
* * * * * * *
(ii) Transit-oriented development
projects.--In the case of a project
described in section [601(a)(12)(E)]
section 601(a)(13)(E), eligible project
costs shall be reasonably anticipated
to equal or exceed $10,000,000.
* * * * * * *
(10) Project readiness.--
(A) In general.-- * * *
* * * * * * *
(11) Public-private partnerships.--In the case of a
project to be carried out through a public-private
partnership, the public partner shall have--
(A) conducted a value for money analysis or
similar comparative analysis; and
(B) determined the appropriateness of the
public-private partnership agreement.
* * * * * * *
(d) Application Processing Procedures.--
(1) Processing timelines.--Except in the case of an
application described in subsection (a)(8) and to the
maximum extent practicable, the Secretary shall provide
an applicant with a specific estimate of the timeline
for the approval or disapproval of the application of
the applicant, which, to the maximum extent
practicable, the Secretary shall endeavor to complete
by not later than 150 days after the date on which the
applicant submits a letter of interest to the
Secretary.
[(1)] (2) Notice of complete application.--Not later
than 30 days after the date of receipt of an
application under this section, the Secretary shall
provide to the applicant a written notice to inform the
applicant whether--
(A) the application is complete; or
(B) additional information or materials are
needed to complete the application.
[(2)] (3) Approval or denial of application.--Not
later than 60 days after the date of issuance of the
written notice under [paragraph (1)] paragraph (2), the
Secretary shall provide to the applicant a written
notice informing the applicant whether the Secretary
has approved or disapproved the application.
* * * * * * *
(e) Development Phase Activities.--Any credit instrument
secured under the TIFIA program may be used to finance up to
100 percent of the cost of development phase activities as
described in section [601(a)(1)(A)] section 601(a)(3)(A).
* * * * * * *
Sec. 603. Secured loans
(a) In General.-- * * *
* * * * * * *
(c) Repayment.--
(1) Schedule.-- * * *
* * * * * * *
(4) Prepayment.--
(A) Use of excess revenues.--[Any excess]
(i) In general.--Except as provided
in clause (ii), any excess revenues
that remain after satisfying scheduled
debt service requirements on the
project obligations and secured loan
and all deposit requirements under the
terms of any trust agreement, bond
resolution, or similar agreement
securing project obligations may be
applied annually to prepay the secured
loan without penalty.
(ii) Certain applicants.--In the case
of a secured loan or other secured
Federal credit instrument provided
after the date of enactment of the
America's Transportation Infrastructure
Act of 2019, if the obligor is a
governmental entity, agency, or
instrumentality, the obligor shall not
be required to prepay the secured loan
or other secured Federal credit
instrument with any excess revenues
described in clause (i) if the obligor
enters into an agreement to use those
excess revenues only for purposes
authorized under this title or title
49.
* * * * * * *
(f) Streamlined Application Process.--
(1) In general.-- * * *
* * * * * * *
(3) Additional terms for expedited decisions.--
(A) In general.--Not later than 120 days
after the date of enactment of this paragraph,
the Secretary shall implement an expedited
decision timeline for public agency borrowers
seeking secured loans that meet--
(i) the terms under paragraph (2);
and
(ii) the additional criteria
described in subparagraph (B).
(B) Additional criteria.--The additional
criteria referred to in subparagraph (A)(ii)
are the following:
(i) The secured loan is made on terms
and conditions that substantially
conform to the conventional terms and
conditions established by the National
Surface Transportation Innovative
Finance Bureau.
(ii) The secured loan is rated in the
A category or higher.
(iii) The TIFIA program share of
eligible project costs is 33 percent or
less.
(iv) The applicant demonstrates a
reasonable expectation that the
contracting process for the project can
commence by not later than 90 days
after the date on which a Federal
credit instrument is obligated for the
project under the TIFIA program.
(v) The project has received a
categorical exclusion, a finding of no
significant impact, or a record of
decision under the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(C) Written notice.--The Secretary shall
provide to an applicant seeking a secured loan
under the expedited decision process under this
paragraph a written notice informing the
applicant whether the Secretary has approved or
disapproved the application by not later than
180 days after the date on which the Secretary
submits to the applicant a letter indicating
that the National Surface Transportation
Innovative Finance Bureau has commenced the
creditworthiness review of the project.
* * * * * * *
Sec. 605. Program administration
(a) Requirement.-- * * *
* * * * * * *
(f) Assistance to Small Projects.--
(1) Reservation of funds.--Of the funds made
available to carry out the TIFIA program for each
fiscal year, and after the set aside under section
[608(a)(5)] section 608(a)(6), not less than $2,000,000
shall be made available for the Secretary to use in
lieu of fees collected under subsection (b) for
projects under the TIFIA program having eligible
project costs that are reasonably anticipated not to
equal or exceed $75,000,000.
* * * * * * *
Sec. 608. Funding
(a) Funding.--
(1) Spending and borrowing authority.-- * * *
* * * * * * *
(3) Rural set-aside.--
(A) In general.-- * * *
* * * * * * *
(4) Limitation for certain projects.--
(A) Transit-oriented development projects.--
For each fiscal year, the Secretary may use to
carry out projects described in section
601(a)(13)(E) not more than 15 percent of the
amounts made available to carry out the TIFIA
program for that fiscal year.
(B) Airport-related projects.--The Secretary
may use to carry out projects described in
section 601(a)(13)(G)--
(i) for each fiscal year, not more
than 15 percent of the amounts made
available to carry out the TIFIA
program under the America's
Transportation Infrastructure Act of
2019 for that fiscal year; and
(ii) for the period of fiscal years
2021 through 2025, not more than 15
percent of the unobligated carryover
balances (as of October 1, 2020) made
available to carry out the TIFIA
program, less the total amount
administratively allocated by the
Secretary as of that date.
[(4)] (5) Availability.--Amounts made available to
carry out the TIFIA program shall remain available
until expended.
[(5)] (6) Administrative costs.--Of the amounts made
available to carry out the TIFIA program, the Secretary
may use not more than $6,875,000 for fiscal year 2016,
$7,081,000 for fiscal year 2017, $7,559,000 for fiscal
year 2018, $8,195,000 for fiscal year 2019, and
$8,441,000 for fiscal year 2020 for the administration
of the TIFIA program.]
(6) Administrative costs.--Of the amounts made
available to carry out the TIFIA program, the Secretary
may use not more than $10,000,000 for each of fiscal
years 2021 through 2025 for the administration of the
TIFIA program.
* * * * * * *
Sec. 609. Reports to Congress
(a) In General.-- * * *
* * * * * * *
(b) Application Process Report.--
(1) In general.-- * * *
* * * * * * *
(c) Status Reports.--
(1) In general.--The Secretary shall publish on the
website for the TIFIA program--
(A) on a monthly basis, a current status
report on all submitted letters of interest and
applications received for assistance under the
TIFIA program; and
(B) on a quarterly basis, a current status
report on all approved applications for
assistance under the TIFIA program.
(2) Inclusions.--Each monthly and quarterly status
report under paragraph (1) shall include, at a minimum,
with respect to each project included in the status
report--
(A) the name of the party submitting the
letter of interest or application;
(B) the name of the project;
(C) the date on which the letter of interest
or application was received;
(D) the estimated project eligible costs;
(E) the type of credit assistance sought; and
(F) the anticipated fiscal year and quarter
for closing of the credit assistance.
* * * * * * *
Sec. 610. State infrastructure bank program
(a) Definitions.-- * * *
* * * * * * *
(d) Funding.--
(1) Highway account.--Subject to subsection (j), the
Secretary may permit a State entering into a
cooperative agreement under this section to establish a
State infrastructure bank to deposit into the highway
account of the bank not to exceed--
(A) 10 percent of the funds apportioned to
the State for each of [fiscal years 2016
through 2020] fiscal years 2021 through 2025
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 2016 through 2020] fiscal years 2021
through 2025 for capital projects under each of such
sections.
(3) Rail account.--Subject to subsection (j), the
Secretary may permit a State entering into a
cooperative agreement under this section to establish a
State infrastructure bank, and any other recipient of
Federal assistance under subtitle V of title 49, to
deposit into the rail account of the bank funds made
available to the State or other recipient in each of
[fiscal years 2016 through 2020] fiscal years 2021
through 2025 for capital projects under such subtitle.
* * * * * * *
(k) Program Administration.--For each of [fiscal years 2016
through 2020] fiscal years 2021 through 2025, a State may
expend not to exceed 2 percent of the Federal funds contributed
to an infrastructure bank established by the State under this
section to pay the reasonable costs of administering the bank.
* * * * * * *
TITLE 40, UNITED STATES CODE
* * * * * * *
TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
* * * * * * *
SUBTITLE IV--APPALACHIAN REGIONAL DEVELOPMENT
CHAPTER 141--GENERAL PROVISIONS
Sec. 14101. Findings and purposes
(a) 1965 Findings and Purpose.-- * * *
* * * * * * *
Sec. 14102. Definitions
(a) Definitions.--In this subtitle--
(1) Appalachian region.--The term ``Appalachian
region'' means that area of the eastern United States
consisting of the following counties (including any
political subdivision located within the area):
(A) * * *
* * * * * * *
(G) In North Carolina, the counties of
Alexander, Alleghany, Ashe, Avery, Buncombe,
Burke, Caldwell, Catawba, Cherokee, Clay,
Cleveland, Davie, Forsyth, Graham, Haywood,
Henderson, Jackson, McDowell, Macon, Madison,
Mitchell, Polk, Rutherford, Stokes, Surry,
Swain, Transylvania, Watauga, Wilkes, Yadkin,
and Yancey.
SUBTITLE IV--APPALACHIAN REGIONAL DEVELOPMENT
CHAPTER 143--APPALACHIAN REGIONAL COMMISSION
Sec. 14301. Establishment, membership, and employees
(a) Establishment.--There is an Appalachian Regional
Commission.
(b) Membership.--
(1) Federal and state members.-- * * *
* * * * * * *
(2) Alternate members.--Each state member may have a
single alternate, appointed by the Governor from among
the members of the Governor's cabinet or the Governor's
personal staff. The [President,,] President shall
appoint an alternate for the Federal Cochairman. An
alternate shall vote in the event of the absence,
death, disability, removal, or resignation of the
member for whom the individual is an alternate. [A
state alternate shall not be counted toward the
establishment of a quorum of the Commission when a
quorum of the state members is required.]
* * * * * * *
(c) Compensation.--The Federal Cochairman shall be
compensated by the Federal Government at level III of the
Executive Schedule as set out in section 5314 of title 5. The
Federal Cochairman's alternate shall be compensated by the
Government at level V of the Executive Schedule as set out in
section 5316 of title 5. Each state member and alternate shall
be compensated by the State which they represent at the rate
established by law of that State.
(d) Delegation.--
(1) Powers and responsibilities.--Commission powers
and responsibilities specified in [section 14302(c) and
(d)] subsections (a) and (c) of section 14302 of this
title, and the vote of any Commission member, may not
be delegated to an individual who is not a Commission
member or who is not entitled to vote in Commission
meetings.
(2) Alternate federal cochairman.--The alternate to
the Federal Cochairman shall perform the functions and
duties the Federal Cochairman delegates when not
actively serving as the alternate.
* * * * * * *
Sec. 14302. Decisions
(a) Requirements for Approval.--Except as provided in section
14306(d) of this title, decisions by the Appalachian Regional
Commission involving Appalachian Regional Commission policy,
the approval of State, regional, or subregional development
plans or strategy statements, the modification or revision of
the Appalachian Regional Commission Code, the allocation of
amounts among the States, or designation of a distressed
county, an at-risk county, or an economically strong county
require the affirmative vote of the Federal Cochairman and of a
majority of the state members, exclusive of members
representing States delinquent under section 14306(d).
(b) Consultation.-- * * *
* * * * * * *
[(c) Decisions Requiring Quorum of State Members.--A decision
involving Commission policy, approval of state, regional or
subregional development plans or strategy statements,
modification or revision of the Appalachian Regional Commission
Code, allocation of amounts among the States, or designation of
a distressed county or an economically strong county shall not
be made without a quorum of state members.]
[(d)] (c) Project and Grant Proposals.--The approval of
project and grant proposals is a responsibility of the
Commission and shall be carried out in accordance with section
14322 of this title.
* * * * * * *
[Sec. 14307. Meetings
[(a) In General.--The Appalachian Regional Commission shall
conduct at least one meeting each year with the Federal
Cochairman and at least a majority of the state members
present.
[(b) Additional Meetings by Electronic Means.--The Commission
may conduct additional meetings by electronic means as the
Commission considers advisable, including meetings to decide
matters requiring an affirmative vote.]
Sec. 14307. Meetings
The Appalachian Regional Commission may conduct meetings by
electronic means as the Appalachian Regional Commission
considers advisable, including meetings to decide matters
requiring an affirmative vote.
* * * * * * *
SUBTITLE IV--APPALACHIAN REGIONAL DEVELOPMENT
CHAPTER 145--SPECIAL APPALACHIAN PROGRAMS
subchapter i--programs
Sec.
14501. Appalachian development highway system.
* * * * * * *
14510. Drug abuse mitigation initiative.
14511. Appalachian regional energy hub initiative.
* * * * * * *
SUBCHAPTER I--PROGRAMS
Sec. 14501. Appalachian development highway system
(a) Purpose.-- * * *
* * * * * * *
Sec. 14510. Drug abuse mitigation initiative
(a) In General.-- * * *
* * * * * * *
Sec. 14511. Appalachian regional energy hub initiative
(a) In General.--The Appalachian Regional Commission may
provide technical assistance to, make grants to, enter into
contracts with, or otherwise provide amounts to individuals or
entities in the Appalachian region for projects and
activities--
(1) to conduct research and analysis regarding the
economic impact of an ethane storage hub in the
Appalachian region that supports a more-effective
energy market performance due to the scale of the
project, such as a project with the capacity to store
and distribute more than 100,000 barrels per day of
hydrocarbon feedstock with a minimum gross heating
value of 1,700 Btu per standard cubic foot;
(2) with the potential to significantly contribute to
the economic resilience of the area in which the
project is located; and
(3) that will help establish a regional energy hub in
the Appalachian region for natural gas and natural gas
liquids, including storage and associated pipelines.
(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 made available to carry out this section;
(2) 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 made available to carry
out this section; and
(3) in the case of a project to be carried out in a
county for which an at-risk county designation is in
effect under section 14526, not more than 70 percent
may be provided from amounts made available to carry
out this section.
(c) Sources of Assistance.--Subject to subsection (b), a
grant provided under this section may be provided from amounts
made available to carry out this section, in combination with
amounts made available--
(1) under any other Federal program; or
(2) from any other source.
(d) Federal Share.--Notwithstanding any provision of law
limiting the Federal share under any other Federal program,
amounts made available to carry out this section may be used to
increase that Federal share, as the Appalachian Regional
Commission determines to be appropriate.
* * * * * * *
SUBTITLE IV--APPALACHIAN REGIONAL DEVELOPMENT
CHAPTER 147--MISCELLANEOUS
* * * * * * *
Sec. 14701. Applicable labor standards
* * * * * * *
Sec. 14703. Authorization of appropriations
(a) In General.--In addition to amounts made available under
section 14501, there is authorized to be appropriated to the
Appalachian Regional Commission to carry out this subtitle--
(1) * * *
* * * * * * *
(4) $108,000,000 for fiscal year 2011; [and]
(5) $110,000,000 for each of fiscal years 2012
[through 2020.] through 2020; and
(6) $180,000,000 for each of fiscal years 2021
through 2025.
* * * * * * *
(c) High-speed Broadband Deployment Initiative.--Of the
amounts made available under subsection (a), [$10,000,000]
$20,000,000 may be used to carry out section 14509 for each of
fiscal years 2016 through [2020] 2025.
(d) Appalachian Regional Energy Hub Initiative.--Of the
amounts made available under subsection (a), $5,000,000 shall
be used to carry out section 14511 for each of fiscal years
2021 through 2025.
[(d)] (e) Availability.--Amounts made available under
subsection (a) remain available until expended.
[(e)] (f) Allocation of Funds.--Funds approved by the
Appalachian Regional Commission for a project in a State in the
Appalachian region pursuant to a congressional directive shall
be derived from the total amount allocated to the State by the
Appalachian Regional Commission from amounts appropriated to
carry out this subtitle.
Sec. 14704. Termination
This subtitle, except sections 14102(a)(1) and (b) and 14501,
ceases to be in effect on October 1, [2020] 2025.
* * * * * * *
TITLE 49, UNITED STATES CODE -- TRANSPORTATION
* * * * * * *
Chapter 1 of Title 49, United States Code
* * * * * * *
CHAPTER 1--ORGANIZATION
Sec. 102. Department of Transportation
(a) * * *
* * * * * * *
(e) Assistant Secretaries; General Counsel.--
(1) Appointment.--The Department has [6 Assistant] 7
Assistant Secretaries and a General Counsel,
including--
(A) * * *
* * * * * * *
(C) an Assistant Secretary for
Administration, who shall be appointed by the
Secretary, with the approval of the President;
[and]
(D) an Assistant Secretary for Tribal
Government Affairs, who shall be appointed by
the President; and
[(D)] (E) a General Counsel, who shall be
appointed by the President, with the advice and
consent of the Senate.
* * * * * * *
[(f) Deputy Assistant Secretary for Tribal Government
Affairs.--
[(1) Establishment.--In accordance with Federal
policies promoting Indian self determination, the
Department of Transportation shall have, within the
office of the Secretary, a Deputy Assistant Secretary
for Tribal Government Affairs appointed by the
President to plan, coordinate, and implement the
Department of Transportation policy and programs
serving Indian tribes and tribal organizations and to
coordinate tribal transportation programs and
activities in all offices and administrations of the
Department and to be a participant in any negotiated
rulemaking relating to, or having an impact on,
projects, programs, or funding associated with the
tribal transportation program.]
(f) Office of Tribal Government Affairs.--
(1) Establishment.--There is established in the
Department an Office of Tribal Government Affairs,
under the Assistant Secretary for Tribal Government
Affairs--
(A) to oversee the tribal self-governance
program under section 207 of title 23;
(B) to plan, coordinate, and implement
policies and programs serving Indian Tribes and
Tribal organizations;
(C) to coordinate Tribal transportation
programs and activities in all offices and
administrations of the Department; and
(D) to be a participant in any negotiated
rulemakings relating to, or having an impact
on, projects, programs, or funding associated
with the Tribal transportation program under
section 202 of title 23.
* * * * * * *
CHAPTER 701--MULTIMODAL FREIGHT POLICY
Sec. 70102. National freight strategic plan
(a) In General.-- * * *
* * * * * * *
(b) Contents.--The national freight strategic plan shall
include--
(1) * * *
* * * * * * *
(10) an identification of best practices for
improving the performance of the National Multimodal
Freight Network, including critical commerce corridors
and rural and urban access to critical freight
corridors; [and]
(11) an identification of best practices to mitigate
the impacts of freight movement on communities[.] ;
(12) possible strategies to increase the resilience
of the freight system, including the ability to
anticipate, prepare for, or adapt to conditions, or
withstand, respond to, or recover rapidly from
disruptions, including extreme weather and natural
disasters;
(13) strategies to promote United States economic
growth and international competitiveness; and
(14) strategies to reduce local air pollution, water
runoff, and wildlife habitat loss resulting from
freight facilities, freight vehicles, or freight
activity.
* * * * * * *
CHAPTER 702--MULTIMODAL FREIGHT TRANSPORTATION PLANNING AND INFORMATION
Sec. 70201. State freight advisory committees
(a) In General.--The Secretary of Transportation shall
encourage each State to establish a freight advisory committee
consisting of a representative cross-section of public and
private sector freight stakeholders, including [representatives
of ports, freight railroads, shippers, carriers, freight-
related associations, third-party logistics providers, the
freight industry workforce, the transportation department of
the State, and local governments.] representatives of--
(1) ports, if applicable;
(2) freight railroads, if applicable;
(3) shippers;
(4) carriers;
(5) freight-related associations;
(6) third-party logistics providers;
(7) the freight industry workforce;
(8) the transportation department of the State;
(9) metropolitan planning organizations;
(10) local governments;
(11) the environmental protection department of the
State, if applicable;
(12) the air resources board of the State, if
applicable; and
(13) economic development agencies of the State.
(b) Qualifications.--Each member of a freight advisory
committee established under subsection (a) shall have
qualifications sufficient to serve on a freight advisory
committee, including, as applicable--
(1) general business and financial experience;
(2) experience or qualifications in the areas of
freight transportation and logistics;
(3) experience in transportation planning;
(4) experience representing employees of the freight
industry; or
(5) experience representing a State, local
government, or metropolitan planning organization.
[(b)] (c) Role of Committee.-- * * *
* * * * * * *
(5) participate in the development of the freight
plan of the State described in section [70202] 70202,
including by providing advice regarding the development
of the freight investment plan; and.
* * * * * * *
Sec. 70202. State freight plans
(a) In General.--Each State that receives funding under
section 167 of title 23 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.
(b) Plan Contents.--A State freight plan described in
subsection (a) shall include, at a minimum--
(1) * * *
* * * * * * *
(9) a freight investment plan that, subject to
subsection (c)(2), includes a list of priority projects
and describes how funds made available to carry out
section 167 of title 23 would be invested and matched;
[and]
(10) the most recent commercial motor vehicle parking
facilities assessment conducted under subsection (f);
(11) strategies and goals to decrease--
(A) the severity of impacts of extreme
weather and natural disasters on freight
mobility;
(B) the impacts of freight on local air
pollution;
(C) the impacts of freight on flooding, water
runoff, and other adverse water impacts; and
(D) the impacts of freight on wildlife
habitat loss;
(12) strategies and goals to decrease the adverse
impact of freight transportation on communities
traversed by freight railroads; and
[(10)] (13) consultation with the State freight
advisory committee, if applicable.
* * * * * * *
(d) Planning Period.--A State freight plan described in
subsection (a) shall address a 5-year forecast period.
(e) Priority.--Each State freight plan under this section
shall include a requirement that the State, in carrying out
activities under the State freight plan--
(1) enhance reliability or redundancy of freight
transportation; or
(2) incorporate the ability to rapidly restore access
and reliability of freight transportation.
(f) Commercial Motor Vehicle Parking Facilities
Assessments.--As part of the development or updating, as
applicable, of the State freight plan under this section, each
State that receives funding under section 167 of title 23, in
consultation with relevant State motor carrier safety
personnel, shall conduct an assessment of--
(1) the capability of the State, together with the
private sector in the State, to provide adequate
parking facilities and rest facilities for commercial
motor vehicles engaged in interstate transportation;
(2) the volume of commercial motor vehicle traffic in
the State; and
(3) whether there are any areas within the State that
have a shortage of adequate commercial motor vehicle
parking facilities, including an analysis (economic or
otherwise, as the State determines to be appropriate)
of the underlying causes of any such shortages.
(g) Approval.--
(1) In general.--The Secretary of Transportation
shall approve a State freight plan described in
subsection (a) if the plan achieves compliance with the
requirements of this section.
(2) Savings provision.--Nothing in this subsection
establishes new procedural requirements for the
approval of a State freight plan described in
subsection (a).
[(e)] (h) Updates.--
(1) In general.-- * * *
* * * * * * *
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA-LU)
* * * * * * *
Subtitle D--Highway Safety
SEC. 1404. [23 U.S.C. 402 NOTE] SAFE ROUTES TO SCHOOL PROGRAM.
(a) Establishment.--Subject to the requirements of this
section, the Secretary shall establish and carry out a safe
routes to school program for the benefit of children in
[primary and middle] primary, middle, and high schools.
* * * * * * *
(k) Definitions.--In this section, the following definitions
apply:
(1) In the vicinity of schools.-- * * *
* * * * * * *
(2) [Primary and middle] Primary, middle, and high
schools.--The term ``[primary and middle] primary,
middle, and high schools'' means schools providing
education from kindergarten through [eighth grade] 12th
grade.
* * * * * * *
MAP-21
* * * * * * *
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
Subtitle A--Authorizations and Programs
* * * * * * *
SEC. 1123. [23 U.S.C. 202 NOTE] TRIBAL HIGH PRIORITY PROJECTS PROGRAM.
(a) Definitions.-- * * *
* * * * * * *
[(h) Authorization of Appropriations.--
[(1) In general.--There is authorized to be
appropriated $30,000,000 out of the general fund of the
Treasury to carry out the program for each of fiscal
years 2013 through 2015 and $5,327,869 out of the
general fund of the Treasury to carry out the program
for the period beginning on October 1, 2015, and ending
on December 4, 2015.]
(h) Funding.--
(1) Set-aside.--For each of fiscal years 2021 through
2025, of the amounts made available to carry out the
tribal transportation program under section 202 of
title 23, United States Code, for that fiscal year, the
Secretary shall use $9,000,000 to carry out the
program.
(2) Authorization of appropriations.--In addition to
amounts made available under paragraph (1), there is
authorized to be appropriated $30,000,000 out of the
general fund of the Treasury to carry out the program
for each of fiscal years 2021 through 2025.
[(2)] (3) Administration.--The funds made available
under [paragraph (1)] paragraphs (1) and (2) shall be
administered in the same manner as funds made available
for the tribal transportation program under section 202
of title 23, United States Code, except that--
(A) the funds made available for the program
shall remain available until September 30 of
the third fiscal year after the year
appropriated; and
(B) the Federal share of the cost of a
project shall be 100 percent.
* * * * * * *
Subtitle E--Miscellaneous
SEC. 1519. CONSOLIDATION OF PROGRAMS; REPEAL OF OBSOLETE PROVISIONS.
(a) Consolidation of Programs.--For each of [fiscal years
2016 through 2020] fiscal years 2021 through 2025, before
making an apportionment under section 104(b)(3) of title 23,
United States Code, the Secretary shall set aside, from amounts
made available to carry out the highway safety improvement
program under section 148 of such title for the fiscal year,
$3,500,000--
* * * * * * *
Fixing America's Surface Transportation Act (FAST ACT)
* * * * * * *
SECTION 1. [23 U.S.C. 101 NOTE] SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Fixing
America's Surface Transportation Act'' or the ``FAST Act''.
(b) Table of contents.--The table of contents for this Act is
as follows:
Sec. 1. Short title; table of contents.
DIVISION A--SURFACE TRANSPORTATION
* * * * * * *
Subtitle D--Miscellaneous
Sec. 1401. Prohibition on the use of funds for automated traffic
enforcement.
* * * * * * *
Sec. 1438. [Adjustments.]
* * * * * * *
TITLE VI--INNOVATION
Sec. 6001. Short title.
Sec. 6002. Authorization of appropriations.
* * * * * * *
Sec. 6020. [Surface transportation system funding alternatives.]
* * * * * * *
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
* * * * * * *
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.
(a) In general.-- * * *
* * * * * * *
SEC. 1123. [23 U.S.C. 201 NOTE] NATIONALLY SIGNIFICANT FEDERAL LANDS
AND TRIBAL PROJECTS PROGRAM.
(a) Purpose.-- * * *
* * * * * * *
(c) Eligible Projects.--An eligible project under the program
shall be a single continuous project--
(1) * * *
* * * * * * *
(3) having an estimated cost, based on the results of
preliminary engineering, equal to or exceeding
[$25,000,000, with priority consideration given to
projects with an estimated cost equal to or exceeding
$50,000,000.] $12,500,000.
* * * * * * *
[(g) Federal share.--
(1) In general.--The Federal]
(g) Cost Share.--
(1) Federal share.--
(A) In general.--Except as provided in
subparagraph (B), the Federal share of the cost
of a project shall be up to 90 percent.
(B) Tribal projects.--In the case of a
project on a tribal transportation facility (as
defined in section 101(a) of title 23, United
States Code), the Federal share of the cost of
the project shall be 100 percent.
(2) Non-federal share.--Notwithstanding any other
provision of law, any Federal funds [other than those
made available under title 23 or title 49, United
States Code,] may be used to pay the non-Federal share
of the cost of a project carried out under this
section.
[(h) Authorization of appropriations.--There is authorized to
be appropriated to carry out this section $100,000,000 for each
of fiscal years 2016 through 2020. Such sums shall remain
available for a period of 3 fiscal years following the fiscal
year for which the amounts are appropriated.]
(h) Use of Funds.--
(1) In general.--For each fiscal year, of the amounts
made available to carry out this section--
(A) 50 percent shall be used for eligible
projects on Federal lands transportation
facilities and Federal lands access
transportation facilities (as those terms are
defined in section 101(a) of title 23, United
States Code); and
(B) 50 percent shall be used for eligible
projects on tribal transportation facilities
(as defined in section 101(a) of title 23,
United States Code).
(2) Requirement.--Not less than 1 eligible project
carried out using the amount described in paragraph
(1)(A) shall be in a unit of the National Park System
with not less than 3,000,000 annual visitors.
(3) Availability.--Amounts made available under to
carry out this section shall remain available for a
period of 3 fiscal years following the fiscal year for
which the amounts are appropriated.
* * * * * * *
Subtitle D--Miscellaneous
SEC. 1401. PROHIBITION ON THE USE OF FUNDS FOR AUTOMATED TRAFFIC
ENFORCEMENT.
(a) Prohibition.-- * * *
* * * * * * *
SEC. 1420. [23 U.S.C. 101 NOTE] FLEXIBILITY FOR PROJECTS.
(a) Authority.--With respect to projects eligible for funding
under title 23, United States Code, subject to subsection (b)
[and on request by a State, the Secretary may--
[(1) exercise all existing flexibilities under and
exceptions to--
[(A) the requirements of title 23, United
States Code; and
[(B) other requirements administered by the
Secretary, in whole or part; and
(2) otherwise provide additional flexibility or
expedited processing with respect to the requirements
described in paragraph (1).] , on request by a State,
and if in the public interest (as determined by the
Secretary), the Secretary shall exercise all existing
flexibilities under--
(1) the requirements of title 23, United States Code;
and
(2) other requirements administered by the Secretary,
in whole or in part.
(b) Maintaining Protections.--Nothing in this section--
(1) waives the requirements of section 113 or 138 of
title 23, United States Code;
(2) supersedes, amends, or modifies--
(A) the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) or any other
Federal environmental law (including
regulations); or
* * * * * * *
TITLE VI--INNOVATION
* * * * * * *
SEC. 6001. [23 U.S.C. 101 NOTE] SHORT TITLE.
This title may be cited as the ``Transportation for Tomorrow
Act of 2015''.
SEC. 6028. [23 U.S.C. 150 NOTE] PERFORMANCE MANAGEMENT DATA SUPPORT
PROGRAM.
(a) Performance Management Data Support.-- * * *
* * * * * * *
(c) Funding.--From amounts authorized to carry out the
Highway Research and Development Program, the Administrator of
the Federal Highway Administration may use up to $10,000,000
for each of [fiscal years 2016 through 2020] fiscal years 2021
through 2025 to carry out this section.
* * * * * * *
DIVISION D--MISCELLANEOUS
TITLE XLI--FEDERAL PERMITTING IMPROVEMENT
* * * * * * *
SEC. 41001. [42 U.S.C. 4370M NOTE] DEFINITIONS.
In this title:
(1) Agency.-- * * *
* * * * * * *
(6) Covered project.--
(A) In general.--The term ``covered project''
means any activity in the United States that
requires authorization or environmental review
by a Federal agency involving construction of
infrastructure for renewable or conventional
energy production, electricity transmission,
surface transportation, aviation, ports and
waterways, water resource projects, broadband,
pipelines, manufacturing, carbon capture, or
any other sector as determined by a majority
vote of the Council that--
(i)(I) is subject to NEPA;
(II) is likely to require a total
investment of more than $200,000,000;
and
(III) does not qualify for
abbreviated authorization or
environmental review processes under
any applicable law; [or]
(ii) is covered by a programmatic
plan or environmental review developed
for the primary purpose of facilitating
development of carbon dioxide
pipelines; or
[(ii)] (iii) is subject to NEPA and
the size and complexity of which, in
the opinion of the Council, make the
project likely to benefit from enhanced
oversight and coordination, including a
project likely to require--
* * * * * * *
(B) Exclusion.-- * * *
* * * * * * *
(C) Inclusion.--For purposes of subparagraph
(A), construction of infrastructure for carbon
capture includes construction of--
(i) any facility, technology, or
system that captures, utilizes, or
sequesters carbon dioxide emissions,
including projects for direct air
capture (as defined in paragraph
(6)(B)(i) of section 103(g) of the
Clean Air Act (42 U.S.C. 7403(g)); and
(ii) carbon dioxide pipelines.
* * * * * * *
CLEAN AIR ACT
* * * * * * *
TITLE I--AIR POLLUTION PREVENTION AND CONTROL
Part A--Air Quality and Emission Limitations
findings and purposes
Sec. 101. (a) * * *
* * * * * * *
Sec. 103. (a) The Administrator shall establish a national
research and development program for the prevention and control
of air pollution and as part of such program shall--
* * * * * * *
(c) Air Pollutant Monitoring, Analysis, Modeling, and
Inventory Research.--In carrying out subsection (a), the
Administrator shall conduct a program of research, testing, and
development of methods for sampling, measurement, monitoring,
analysis, and modeling of air pollutants. Such program shall
include the following elements:
(1) * * *
* * * * * * *
(3) Development of improved methods and technologies
for sampling, measurement, monitoring, analysis, and
modeling to increase understanding of the sources of
ozone [percursors] precursors, ozone formation, ozone
transport, regional influences on urban ozone, regional
ozone trends, and interactions of ozone with other
pollutants. Emphasis shall be placed on those
techniques which--
* * * * * * *
(g) Pollution Prevention and Emissions Control.--[In carrying
out]
(1) In general.--In carrying out subsection (a), the
Administrator shall conduct a basic engineering
research and technology program to develop, evaluate,
and demonstrate nonregulatory strategies and
technologies for air pollution prevention. [Such
strategies and technologies shall be developed]
(2) Participation requirement.--Such strategies and
technologies described in paragraph (1) shall be
developed; with priority on those pollutants which pose
a significant risk to human health and the environment,
and with opportunities for participation by industry,
public interest groups, scientists, States,
institutions of higher education, and other interested
persons in the development of such strategies and
technologies. [Such program]
(3) Program inclusions.--The program under this
subsection shall include the following elements:
[(1)]
(A) Improvements in nonregulatory strategies
and technologies for preventing or reducing
multiple air pollutants, including sulfur
oxides, nitrogen oxides, heavy metals, PM-10
(particulate matter), carbon monoxide, and
carbon dioxide, from stationary sources,
including fossil fuel power plants. Such
strategies and technologies shall include
improvements in the relative cost effectiveness
and long-range implications of various air
pollutant reduction and nonregulatory control
strategies such as energy conservation,
including end-use efficiency, and fuel-
switching to cleaner fuels. Such strategies and
technologies shall be considered for existing
and new facilities.
[(2)]
(B) Improvements in nonregulatory strategies
and technologies for reducing air emissions
from area sources.
[(3)]
(C) Improvements in nonregulatory strategies
and technologies for preventing, detecting, and
correcting accidental releases of hazardous air
pollutants.
[(4)]
(D) Improvements in nonregulatory strategies
and technologies that dispose of tires in ways
that avoid adverse air quality impacts.
[Nothing]
(4) Effect of subsection.--Nothing in this subsection
shall be construed to authorize the imposition on any
person of air pollution control requirements. [The
Administrator]
(5) Coordination and avoidance of duplication.--The
Administrator shall consult with other appropriate
Federal agencies to ensure coordination and to avoid
duplication of activities authorized under this
subsection.
(6) Certain carbon dioxide activities.--
``(A) In general.--In carrying out paragraph
(3)(A) with respect to carbon dioxide, the
Administrator shall carry out the activities
described in each of subparagraphs (B), (C),
(D), and (E).
(B) Direct air capture research.--
(i) Definitions.--In this
subparagraph:
(I) Board.--The term `Board'
means the Direct Air Capture
Technology Advisory Board
established by clause (iii)(I).
(II) Dilute.--The term
`dilute' means a concentration
of less than 1 percent by
volume.
(III) Direct air capture.--
(aa) In general.--The
term `direct air
capture', with respect
to a facility,
technology, or system,
means that the
facility, technology,
or system uses carbon
capture equipment to
capture carbon dioxide
directly from the air.
(bb) Exclusion.--The
term `direct air
capture' does not
include any facility,
technology, or system
that captures carbon
dioxide--
(AA) that is
deliberately
released from a
naturally
occurring
subsurface
spring; or
(BB) using
natural
photosynthesis.
(IV) Intellectual property.--
The term `intellectual
property' means--
(aa) an invention
that is patentable
under title 35, United
States Code; and
(bb) any patent on an
invention described in
item (aa).
(ii) Technology prizes.--
(I) In general.--Not later
than 1 year after the date of
enactment of the America's
Transportation Infrastructure
Act of 2019, the Administrator,
in consultation with the
Secretary of Energy, shall
establish a program to provide,
and shall provide, financial
awards on a competitive basis
for direct air capture from
media in which the
concentration of carbon dioxide
is dilute.
(II) Duties.--In carrying out
this clause, the Administrator
shall--
(aa) subject to
subclause (III),
develop specific
requirements for--
(AA) the
competition
process; and
(BB) the
demonstration
of performance
of approved
projects;
(bb) offer financial
awards for a project
designed--
(AA) to the
maximum extent
practicable, to
capture more
than 10,000
tons of carbon
dioxide per
year; and
(BB) to
operate in a
manner that
would be
commercially
viable in the
foreseeable
future (as
determined by
the Board); and
(cc) to the maximum
extent practicable,
make financial awards
to geographically
diverse projects,
including at least--
(AA) 1
project in a
coastal State;
and
(BB) 1
project in a
rural State.
(III) Public participation.--
In carrying out subclause
(II)(aa), the Administrator
shall--
(aa) provide notice
of and, for a period of
not less than 60 days,
an opportunity for
public comment on, any
draft or proposed
version of the
requirements described
in subclause (II)(aa);
and
(bb) take into
account public comments
received in developing
the final version of
those requirements.
(iii) Direct air capture technology
advisory board.--
(I) Establishment.--There is
established an advisory board
to be known as the `Direct Air
Capture Technology Advisory
Board'.
(II) Composition.--The Board
shall be composed of 9 members
appointed by the Administrator,
who shall provide expertise
in--
(aa) climate science;
(bb) physics;
(cc) chemistry;
(dd) biology;
(ee) engineering;
(ff) economics;
(gg) business
management; and
(hh) such other
disciplines as the
Administrator
determines to be
necessary to achieve
the purposes of this
subparagraph.
(III) Term; vacancies.--
(aa) Term.--A member
of the Board shall
serve for a term of 6
years.
(bb) Vacancies.--A
vacancy on the Board--
(AA) shall
not affect the
powers of the
Board; and
(BB) shall be
filled in the
same manner as
the original
appointment was
made.
(IV) Initial meeting.--Not
later than 30 days after the
date on which all members of
the Board have been appointed,
the Board shall hold the
initial meeting of the Board.
(V) Meetings.--The Board
shall meet at the call of the
Chairperson or on the request
of the Administrator.
(VI) Quorum.--A majority of
the members of the Board shall
constitute a quorum, but a
lesser number of members may
hold hearings.
(VII) Chairperson and vice
chairperson.--The Board shall
select a Chairperson and Vice
Chairperson from among the
members of the Board.
(VIII) Compensation.--Each
member of the Board may be
compensated at not to exceed
the daily equivalent of the
annual rate of basic pay in
effect for a position at level
V of the Executive Schedule
under section 5316 of title 5,
United States Code, for each
day during which the member is
engaged in the actual
performance of the duties of
the Board.
(IX) Duties.--The Board shall
advise the Administrator on
carrying out the duties of the
Administrator under this
subparagraph.
(X) FACA.--The Federal
Advisory Committee Act (5
U.S.C. App.) shall apply to the
Board.
(iv) Intellectual property.--
(I) In general.--As a
condition of receiving a
financial award under this
subparagraph, an applicant
shall agree to vest the
intellectual property of the
applicant derived from the
technology in 1 or more
entities that are incorporated
in the United States.
(II) Reservation of
license.--The United States--
(aa) may reserve a
nonexclusive,
nontransferable,
irrevocable, paid-up
license, to have
practiced for or on
behalf of the United
States, in connection
with any intellectual
property described in
subclause (I); but
(bb) shall not, in
the exercise of a
license reserved under
item (aa), publicly
disclose proprietary
information relating to
the license.
(III) Transfer of title.--
Title to any intellectual
property described in subclause
(I) shall not be transferred or
passed, except to an entity
that is incorporated in the
United States, until the
expiration of the first patent
obtained in connection with the
intellectual property.
(v) Authorization of
appropriations.--
(I) In general.--There is
authorized to be appropriated
to carry out this subparagraph
$35,000,000, to remain
available until expended.
(II) Requirement.--Research
carried out using amounts made
available under subclause (I)
may not duplicate research
funded by the Department of
Energy.
(vi) Termination of authority.--The
Board and all authority provided under
this subparagraph shall terminate not
later than 10 years after the date of
enactment of the America's
Transportation Infrastructure Act of
2019.
(C) Carbon dioxide utilization research.--
(i) Definition of carbon dioxide
utilization.--In this subparagraph, the
term `carbon dioxide utilization'
refers to technologies or approaches
that lead to the use of carbon
dioxide--
(I) through the fixation of
carbon dioxide through
photosynthesis or
chemosynthesis, such as through
the growing of algae or
bacteria;
(II) through the chemical
conversion of carbon dioxide to
a material or chemical compound
in which the carbon dioxide is
securely stored; or
(III) through the use of
carbon dioxide for any other
purpose for which a commercial
market exists, as determined by
the Administrator.
(ii) Program.--The Administrator, in
consultation with the Secretary of
Energy, shall carry out a research and
development program for carbon dioxide
utilization to promote existing and new
technologies that transform carbon
dioxide generated by industrial
processes into a product of commercial
value, or as an input to products of
commercial value.
(iii) Technical and financial
assistance.--Not later than 2 years
after the date of enactment of the
America's Transportation Infrastructure
Act of 2019, in carrying out this
subsection, the Administrator, in
consultation with the Secretary of
Energy, shall support research and
infrastructure activities relating to
carbon dioxide utilization by providing
technical assistance and financial
assistance in accordance with clause
(iv).
(iv) Eligibility.--To be eligible to
receive technical assistance and
financial assistance under clause
(iii), a carbon dioxide utilization
project shall--
(I) have access to an
emissions stream generated by a
stationary source within the
United States that is capable
of supplying not less than 250
metric tons per day of carbon
dioxide for research;
(II) have access to adequate
space for a laboratory and
equipment for testing small-
scale carbon dioxide
utilization technologies, with
onsite access to larger test
bays for scale-up; and
(III) have existing
partnerships with institutions
of higher education, private
companies, States, or other
government entities.
(v) Coordination.--In supporting
carbon dioxide utilization projects
under this paragraph, the Administrator
shall consult with the Secretary of
Energy, and, as appropriate, with the
head of any other relevant Federal
agency, States, the private sector, and
institutions of higher education to
develop methods and technologies to
account for the carbon dioxide
emissions avoided by the carbon dioxide
utilization projects.
(vi) Authorization of
appropriations.--
(I) In general.--There is
authorized to be appropriated
to carry out this subparagraph
$50,000,000, to remain
available until expended.
(II) Requirement.--Research
carried out using amounts made
available under subclause (I)
may not duplicate research
funded by the Department of
Energy.
(D) Deep saline formation report.--
(i) Definition of deep saline
formation.--
(I) In general.--In this
subparagraph, the term `deep
saline formation' means a
formation of subsurface
geographically extensive
sedimentary rock layers
saturated with waters or brines
that have a high total
dissolved solids content and
that are below the depth where
carbon dioxide can exist in the
formation as a supercritical
fluid.
(II) Clarification.--In this
subparagraph, the term `deep
saline formation' does not
include oil and gas reservoirs.
(ii) Report.--In consultation with
the Secretary of Energy, and, as
appropriate, with the head of any other
relevant Federal agency and relevant
stakeholders, not later than 1 year
after the date of enactment of the
America's Transportation Infrastructure
Act of 2019, the Administrator shall
prepare, submit to Congress, and make
publicly available a report that
includes--
(I) a comprehensive
identification of potential
risks and benefits to project
developers associated with
increased storage of carbon
dioxide captured from
stationary sources in deep
saline formations, using
existing research;
(II) recommendations, if any,
for managing the potential
risks identified under
subclause (I), including
potential risks unique to
public land; and
(III) recommendations, if
any, for Federal legislation or
other policy changes to
mitigate any potential risks
identified under subclause (I).
(E) Report on carbon dioxide nonregulatory
strategies and technologies.--
(i) In general.--Not less frequently
than once every 2 years, the
Administrator shall submit to the
Committee on Environment and Public
Works of the Senate and the Committee
on Energy and Commerce of the House of
Representatives a report that
describes--
(I) the recipients of
assistance under subparagraphs
(B) and (C); and
(II) a plan for supporting
additional nonregulatory
strategies and technologies
that could significantly
prevent carbon dioxide
emissions or reduce carbon
dioxide levels in the air, in
conjunction with other Federal
agencies.
(ii) Inclusions.--The plan submitted
under clause (i) shall include--
(I) a methodology for
evaluating and ranking
technologies based on the
ability of the technologies to
cost effectively reduce carbon
dioxide emissions or carbon
dioxide levels in the air; and
(II) a description of any
nonair-related environmental or
energy considerations regarding
the technologies.
(F) GAO report.--The Comptroller General of
the United States shall submit to Congress a
report that--
(i) identifies all Federal grant
programs in which a purpose of a grant
under the program is to perform
research on carbon capture and
utilization technologies, including
direct air capture technologies; and
(ii) examines the extent to which the
Federal grant programs identified
pursuant to clause (i) overlap or are
duplicative.
* * * * * * *
ENERGY POLICY ACT OF 2005
* * * * * * *
TITLE I--ENERGY EFFICIENCY
Subtitle A--Federal Programs
SEC. 101. ENERGY AND WATER SAVING MEASURES IN CONGRESSIONAL BUILDINGS.
(a) In General.-- * * *
* * * * * * *
Subtitle G--Diesel Emissions Reduction
SEC. 792. [42 U.S.C. 16132] NATIONAL GRANT, REBATE, AND LOAN PROGRAMS.
(a) In General.-- * * *
* * * * * * *
(c) Applications.--
(1) Expedited process.-- * * *
* * * * * * *
(4) Priority.--In providing a grant, rebate, or loan
under this section, the Administrator shall give
highest priority to proposed projects that, as
determined by the Administrator--
(A) * * *
* * * * * * *
(D) include a certified engine configuration,
verified technology, or emerging technology
that has a long expected useful life,
recognizing differences in typical vehicle,
engine, equipment, and fleet use throughout the
United States;
* * * * * * *
SEC. 793. [42 U.S.C. 16133] STATE GRANT, REBATE, AND LOAN PROGRAMS.
(a) In General.--Subject to the availability of adequate
appropriations, the Administrator shall use 30 percent of the
funds made available for a fiscal year under this subtitle to
support grant, rebate, and loan programs administered by States
that are designed to achieve significant reductions in diesel
emissions.
(b) Applications.--The Administrator shall--
(1) provide to States guidance for use in applying
for grant, rebate, or loan funds under this section,
including information regarding--
(A) the process and forms for applications;
(B) permissible uses of funds received[; and]
;
* * * * * * *
(D) the recognition, for purposes of
implementing this section, of differences in
typical vehicle, engine, equipment, and fleet
use throughout the United States, including
expected useful life; and
(c) Allocation of Funds.--
(1) In general.-- * * *
* * * * * * *
(2) Allocation.--
(A) In general.-- * * *
* * * * * * *
(C) Reallocation.--If any State does not
qualify for an allocation under this paragraph,
the share of funds otherwise allocated for that
State under this paragraph shall be reallocated
[to each remaining qualified State in an amount
equal to the product obtained by multiplying--
(i) the proportion that the
population of the State bears to the
population of all States described in
paragraph (1); by
(ii) the amount otherwise allocatable
to the nonqualifying State under this
paragraph] to carry out section 792.
* * * * * * *
SEC. 797. [42 U.S.C. 16137] AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to
carry out this subtitle $100,000,000 for each of fiscal years
2012 through [2016] 2024, to remain available until expended.
* * * * * * *
Public Law 88-657-(Act of Oct. 13, 1964; Forest Roads And Trails Act)
* * * * * * *
Sec. 2. * * *
* * * * * * *
Sec. 7. * * *
* * * * * * *
SEC. 8. FOREST SERVICE LEGACY ROADS AND TRAILS REMEDIATION PROGRAM.
(a) In General.--Not later than 180 days after the date of
enactment of this section, the Secretary, acting through the
Chief of the Forest Service, shall establish, and develop a
national strategy to carry out, a program, to be known as the
`Forest Service Legacy Roads and Trails Remediation Program',
within the National Forest System, to carry out critical
maintenance and urgent repairs and improvements on National
Forest System roads, trails, and bridges.
(b) Priority.--In implementing the program under this
section, the Secretary may give priority to any project that
protects or restores--
(1) water quality;
(2) a watershed that feeds a public drinking water
system;
(3) important wildlife habitat, as determined by the
Secretary, in consultation with each affected State,
including habitat of threatened, endangered, or
sensitive fish or wildlife species; or
(4) historic public access for authorized multiple
uses of National Forest System land in accordance with
the Multiple-Use Sustained-Yield Act of 1960 (16 U.S.C.
528 et seq.), including grazing, recreation, hunting,
fishing, forest management, wildfire mitigation, and
ecosystem restoration.
(c) National Forest System.--Except as authorized under
section 323 of the Department of the Interior and Related
Agencies Appropriations Act, 1999 (16 U.S.C. 1011a), each
project carried out under this section shall be on a National
Forest System road or trail.
(d) Authorization of Appropriations.--There is authorized to
be appropriated to the Secretary to carry out this section
$50,000,000 for each of fiscal years 2021 through 2025, to
remain available until expended.
* * * * * * *
INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991
* * * * * * *
TITLE I--SURFACE TRANSPORTATION
Part A--Title 23 Programs
SEC. 1001. COMPLETION OF INTERSTATE SYSTEM.
(a) * * *
* * * * * * *
SEC. 1105. HIGH PRIORITY CORRIDORS ON NATIONAL HIGHWAY SYSTEM.
(a) Findings.-- * * *
* * * * * * *
(c) Identification of High Priority Corridors on National
Highway System.--The following are high priority corridors on
the National Highway System:
(1) * * *
* * * * * * *
(90) The Edward T. Breathitt Parkway from Interstate
24 to Interstate 69.
(91) United States Route 421 from the interchange
with Interstate Route 85 in Greensboro, North Carolina,
to the interchange with Interstate Route 95 in Dunn,
North Carolina.
(92) The Wendell H. Ford (Western Kentucky) Parkway
from the interchange with the William H. Natcher
Parkway in Ohio County, Kentucky, west to the
interchange of the Western Kentucky Parkway with the
Edward T. Breathitt (Pennyrile) Parkway.
(93) The South Mississippi Corridor from the
Louisiana and Mississippi border near Natchez,
Mississippi, to Gulfport, Mississippi, shall generally
follow--
(A) United States Route 84 from the Louisiana
border at the Mississippi River passing in the
vicinity of Natchez, Brookhaven, Monticello,
Prentiss, and Collins, Mississippi, to the
logical terminus with Interstate Route 59 in
the vicinity of Laurel, Mississippi, and
continuing on Interstate Route 59 south to the
vicinity of Hattiesburg, Mississippi; and
(B) United States Route 49 from the vicinity
of Hattiesburg, Mississippi, south to
Interstate Route 10 in the vicinity of
Gulfport, Mississippi, following Mississippi
Route 601 south and terminating near the
Mississippi State Port at Gulfport.
(94) The Kosciusko to Gulf Coast corridor commencing
at the logical terminus of Interstate Route 55 near
Vaiden, Mississippi, running south and passing east of
the vicinity of the Jackson Urbanized Area, connecting
to United States Route 49 north of Hattiesburg,
Mississippi, and generally following United States
Route 49 to a logical connection with Interstate Route
10 in the vicinity of Gulfport, Mississippi.
(95) The Interstate Route 22 spur from the vicinity
of Tupelo, Mississippi, running south generally along
United States Route 45 to the vicinity of Shannon,
Mississippi.
* * * * * * *
(e) Provisions Applicable to Corridors.--
(1) Long-range plan.-- * * *
* * * * * * *
(5) Inclusion of certain route segments on interstate
system.--
(A) In general.--The portions of the routes
referred to in subsection (c)(1), subsection
(c)(3) (relating solely to the Kentucky
Corridor), clauses (i), (ii), and (except with
respect to Georgetown County) (iii) of
subsection (c)(5)(B), subsection (c)(9),
subsection (c)(13), subsection (c)(18),
subsection (c)(20), subparagraphs (A) and
(B)(i) of subsection (c)(26), subsection
(c)(36), subsection (c)(37), subsection
(c)(40), subsection (c)(42), subsection
(c)(45), subsection (c)(54), subsection
(c)(57), subsection (c)(68)(B), subsection
(c)(81), subsection (c)(82), subsection
(c)(83), subsection (c)(89), [and subsection
(c)(90)] subsection (c)(90), subsection
(c)(91), subsection (c)(92), subsection
(c)(93)(A), subsection (c)(94), and subsection
(c)(95) that are not a part of the Interstate
System are designated as future parts of the
Interstate System. Any segment of such routes
shall become a part of the Interstate System at
such time as the Secretary determines that the
segment meets the Interstate System design
standards approved by the Secretary under
section 109(b) of title 23, United States Code,
and is planned to connect to an existing
Interstate System segment by the date that is
25 years after the date of enactment of the
MAP-21.
* * * * * * *
(C) Routes.--
(i) Designation.--The portion of the
route referred to in subsection (c)(9)
is designated as Interstate Route I-99.
The routes referred to in subsections
(c)(18) and (c)(20) shall be designated
as Interstate Route I-69. A State
having jurisdiction over any segment of
routes referred to in subsections
(c)(18) and (c)(20) shall erect signs
identifying such segment that is
consistent with the criteria set forth
in subsections (e)(5)(A)(i) and
(e)(5)(A)(ii) as Interstate Route I-69,
including segments of United States
Route 59 in the State of Texas. The
segment identified in subsection
(c)(18)(D)(i) shall be designated as
Interstate Route I-69 East, and the
segment identified in subsection
(c)(18)(D)(ii) shall be designated as
Interstate Route I-69 Central. The
State of Texas shall erect signs
identifying such routes as segments of
future Interstate Route I-69. The
portion of the route referred to in
subsection (c)(36) is designated as
Interstate Route I-86. The Louie B.
Nunn Parkway corridor referred to in
subsection (c)(3) shall be designated
as Interstate Route 66. A State having
jurisdiction over any segment of routes
and/or corridors referred to in
subsections (c)(3) shall erect signs
identifying such segment that is
consistent with the criteria set forth
in subsections (e)(5)(A)(i) and
(e)(5)(A)(ii) as Interstate Route 66.
Notwithstanding the provisions of
subsections (e)(5)(A)(i) and
(e)(5)(A)(ii), or any other provisions
of this Act, the Commonwealth of
Kentucky shall erect signs, as approved
by the Secretary, identifying the
routes and/or corridors described in
subsection (c)(3) for the Commonwealth,
as segments of future Interstate Route
66. The Purchase Parkway corridor
referred to in subsection (c)(18)(E)
shall be designated as Interstate Route
69. A State having jurisdiction over
any segment of routes and/or corridors
referred to in subsections (c)(18)
shall erect signs identifying such
segment that is consistent with the
criteria set forth in subsections
(e)(5)(A)(i) and (e)(5)(A)(ii) as
Interstate Route 69. Notwithstanding
the provisions of subsections
(e)(5)(A)(i) and (e)(5)(A)(ii), or any
other provisions of this Act, the
Commonwealth of Kentucky shall erect
signs, as approved by the Secretary,
identifying the routes and/or corridors
described in subsection (c)(18) for the
Commonwealth, as segments of future
Interstate Route 69. The route referred
to in subsection (c)(45) is designated
as Interstate Route I-22. The routes
referred to in subparagraphs (A) and
(B)(i) of subsection (c)(26) and in
subsection (c)(68)(B) are designated as
Interstate Route I-11. The route
referred to in subsection (c)(84) is
designated as Interstate Route I-14.
The route referred to in subsection
(c)(89) is designated as Interstate
Route I-57. The route referred to in
subsection (c)(90) is designated as
Interstate Route I-169. The route
referred to in subsection (c)(92) is
designated as Interstate Route I-569.
* * * * * * *