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MAP-21

H.R. 14, Introduced in House on by Rep. Timothy Bishop (D-NY)
Recent activity
  • Mar 21, 2012 — Referred to House Foreign Affairs
  • Mar 21, 2012 — Referred to House Education and the Workforce
  • Mar 21, 2012 — Referred to House Financial Services
  • Mar 21, 2012 — Referred to House Oversight and Government Reform
  • Mar 21, 2012 — Referred to House Budget
  • Mar 21, 2012 — Referred to House Science, Space, and Technology
  • Mar 21, 2012 — Referred to House Agriculture
  • Mar 21, 2012 — Referred to House Energy and Commerce
  • Mar 21, 2012 — Referred to House Natural Resources
  • Mar 21, 2012 — Referred to House Ways and Means
  • Mar 21, 2012 — Referred to House Transportation and Infrastructure
  • Mar 21, 2012 — Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Ways and Means, Natural Resources, Energy and Commerce, Agriculture, Science, Space, and Technology, the Budget, Oversight and Government Reform, Financial Services, Education and the Workforce, and Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Full Text Below is a simple rendition of Congress' official bill text.

1.Short title; organization of Act into divisions; table of contents
(a)Short titleThis Act may be cited as the Moving Ahead for Progress in the 21st Century Act or the MAP–21.
(b)DivisionsThis Act is organized into 8 divisions as follows:
(1)Division A–Federal-aid Highways and Highway Safety Construction Programs.
(2)Division B–Public Transportation.
(3)Division C–Transportation Safety and Surface Transportation Policy.
(4)Division D–Finance.
(5)Division E–Research and Education.
(6)Division F–Miscellaneous.
(7)Division G–Air Transportation.
(8)Division H–Budgetary Effects.
(c)Table of contentsThe table of contents for this Act is as follows:
Sec. 1. Short title; organization of Act into divisions; table of contents.
Sec. 2. Definitions.
Division A—Federal-aid highways and highway safety construction programs
TITLE I—Federal-aid highways
Subtitle A—Authorizations and programs
Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation ceiling.
Sec. 1103. Definitions.
Sec. 1104. National highway system.
Sec. 1105. Apportionment.
Sec. 1106. National highway performance program.
Sec. 1107. Emergency relief.
Sec. 1108. Transportation mobility program.
Sec. 1109. Workforce development.
Sec. 1110. Highway use tax evasion projects.
Sec. 1111. National bridge and tunnel inventory and inspection standards.
Sec. 1112. Highway safety improvement program.
Sec. 1113. Congestion mitigation and air quality improvement program.
Sec. 1114. Territorial and Puerto Rico highway program.
Sec. 1115. National freight program.
Sec. 1116. Federal lands and tribal transportation programs.
Sec. 1117. Alaska Highway.
Sec. 1118. Projects of national and regional significance.
Sec. 1119. Construction of ferry boats and ferry terminal facilities.
Subtitle B—Performance management
Sec. 1201. Metropolitan transportation planning.
Sec. 1202. Statewide and nonmetropolitan transportation planning.
Sec. 1203. National goals.
Subtitle C—Acceleration of project delivery
Sec. 1301. Project delivery initiative.
Sec. 1302. Clarified eligibility for early acquisition activities prior to completion of NEPA review.
Sec. 1303. Efficiencies in contracting.
Sec. 1304. Innovative project delivery methods.
Sec. 1305. Assistance to affected State and Federal agencies.
Sec. 1306. Application of categorical exclusions for multimodal projects.
Sec. 1307. State assumption of responsibilities for categorical exclusions.
Sec. 1308. Surface transportation project delivery program.
Sec. 1309. Categorical exclusion for projects within the right-of-way.
Sec. 1310. Programmatic agreements and additional categorical exclusions.
Sec. 1311. Accelerated decisionmaking in environmental reviews.
Sec. 1312. Memoranda of agency agreements for early coordination.
Sec. 1313. Accelerated decisionmaking.
Sec. 1314. Environmental procedures initiative.
Sec. 1315. Alternative relocation payment demonstration program.
Sec. 1316. Review of Federal project and program delivery.
Subtitle D—Highway safety
Sec. 1401. Jason’s Law.
Sec. 1402. Open container requirements.
Sec. 1403. Minimum penalties for repeat offenders for driving while intoxicated or driving under the influence.
Sec. 1404. Adjustments to penalty provisions.
Sec. 1405. Highway worker safety.
Subtitle E—Miscellaneous
Sec. 1501. Program efficiencies.
Sec. 1502. Project approval and oversight.
Sec. 1503. Standards.
Sec. 1504. Construction.
Sec. 1505. Maintenance.
Sec. 1506. Federal share payable.
Sec. 1507. Transferability of Federal-aid highway funds.
Sec. 1508. Special permits during periods of national emergency.
Sec. 1509. Electric vehicle charging stations.
Sec. 1510. HOV facilities.
Sec. 1511. Construction equipment and vehicles.
Sec. 1512. Use of debris from demolished bridges and overpasses.
Sec. 1513. Extension of public transit vehicle exemption from axle weight restrictions.
Sec. 1514. Uniform Relocation Assistance Act amendments.
Sec. 1515. Use of youth service and conservation corps.
Sec. 1516. Consolidation of programs; repeal of obsolete provisions.
Sec. 1517. Rescissions.
Sec. 1518. State autonomy for culvert pipe selection.
Sec. 1519. Effective and significant performance measures.
Sec. 1520. Requirements for eligible bridge projects.
Sec. 1521. Idle reduction technology.
Sec. 1522. Report on Highway Trust Fund expenditures.
Sec. 1523. Evacuation routes.
Sec. 1524. Defense access road program enhancements to address transportation infrastructure in the vicinity of military installations.
Sec. 1525. Express lanes demonstration program.
Sec. 1526. Treatment of historic signs.
Sec. 1527. Consolidation of grants.
Sec. 1528. Buy America provisions.
Sec. 1529. Exemptions from requirements for certain farm vehicles.
Sec. 1530. Appalachian development highway system.
Sec. 1531. Denali Commission.
Sec. 1532. Updated corrosion control and prevention report.
Sec. 1533. Harbor Maintenance trust fund.
Sec. 1534. Enrichment technology and intellectual property.
Sec. 1535. Sense of Senate concerning expenditious completion of environmental reviews, approvals, licensing, and permit requirements.
Subtitle F—Gulf Coast Restoration
Sec. 1601. Short title.
Sec. 1602. Gulf Coast Restoration Trust Fund.
Sec. 1603. Gulf Coast natural resources restoration and economic recovery.
Sec. 1604. Gulf Coast Ecosystem Restoration Science, Observation, Monitoring, and Technology Program.
Sec. 1605. Effect.
Subtitle G—Land and water conservation fund
Sec. 1701. Land and water conservation fund.
Subtitle H—Offsets
Sec. 1801. Delay in application of worldwide interest.
TITLE II—America fast forward financing innovation
Sec. 2001. Short title.
Sec. 2002. Transportation Infrastructure Finance and Innovation Act amendments.
Sec. 2003. State infrastructure banks.
TITLE III—Highway spending controls
Sec. 3001. Highway spending controls.
DIVISION B—Public transportation
Sec. 20001. Short title.
Sec. 20002. Repeals.
Sec. 20003. Policies, purposes, and goals.
Sec. 20004. Definitions.
Sec. 20005. Metropolitan transportation planning.
Sec. 20006. Statewide and nonmetropolitan transportation planning.
Sec. 20007. Public Transportation Emergency Relief Program.
Sec. 20008. Urbanized area formula grants.
Sec. 20009. Clean fuel grant program.
Sec. 20010. Fixed guideway capital investment grants.
Sec. 20011. Formula grants for the enhanced mobility of seniors and individuals with disabilities.
Sec. 20012. Formula grants for other than urbanized areas.
Sec. 20013. Research, development, demonstration, and deployment projects.
Sec. 20014. Technical assistance and standards development.
Sec. 20015. Bus testing facilities.
Sec. 20016. Public transportation workforce development and human resource programs.
Sec. 20017. General provisions.
Sec. 20018. Contract requirements.
Sec. 20019. Transit asset management.
Sec. 20020. Project management oversight.
Sec. 20021. Public transportation safety.
Sec. 20022. Alcohol and controlled substances testing.
Sec. 20023. Nondiscrimination.
Sec. 20024. Labor standards.
Sec. 20025. Administrative provisions.
Sec. 20026. National transit database.
Sec. 20027. Apportionment of appropriations for formula grants.
Sec. 20028. State of good repair grants.
Sec. 20029. Authorizations.
Sec. 20030. Apportionments based on growing States and high density States formula factors.
Sec. 20031. Technical and conforming amendments.
DIVISION C—TRANSPORTATION SAFETY AND SURFACE TRANSPORTATION POLICY
TITLE I—Motor Vehicle and Highway Safety Improvement Act of 2012
Sec. 31001. Short title.
Sec. 31002. Definition.
Subtitle A—Highway safety
Sec. 31101. Authorization of appropriations.
Sec. 31102. Highway safety programs.
Sec. 31103. Highway safety research and development.
Sec. 31104. National driver register.
Sec. 31105. Combined occupant protection grants.
Sec. 31106. State traffic safety information system improvements.
Sec. 31107. Impaired driving countermeasures.
Sec. 31108. Distracted driving grants.
Sec. 31109. High visibility enforcement program.
Sec. 31110. Motorcyclist safety.
Sec. 31111. Driver alcohol detection system for safety research.
Sec. 31112. State graduated driver licensing laws.
Sec. 31113. Agency accountability.
Sec. 31114. Emergency medical services.
Subtitle B—Enhanced safety authorities
Sec. 31201. Definition of motor vehicle equipment.
Sec. 31202. Permit reminder system for non-use of safety belts.
Sec. 31203. Civil penalties.
Sec. 31204. Motor vehicle safety research and development.
Sec. 31205. Odometer requirements.
Sec. 31206. Increased penalties and damages for odometer fraud.
Sec. 31207. Extend prohibitions on importing noncompliant vehicles and equipment to defective vehicles and equipment.
Sec. 31208. Financial responsibility requirements for importers.
Sec. 31209. Conditions on importation of vehicles and equipment.
Sec. 31210. Port inspections; samples for examination or testing.
Subtitle C—Transparency and accountability
Sec. 31301. Improved National Highway Traffic Safety Administration vehicle safety database.
Sec. 31302. National Highway Traffic Safety Administration hotline for manufacturer, dealer, and mechanic personnel.
Sec. 31303. Consumer notice of software updates and other communications with dealers.
Sec. 31304. Public availability of early warning data.
Sec. 31305. Corporate responsibility for National Highway Traffic Safety Administration reports.
Sec. 31306. Passenger motor vehicle information program.
Sec. 31307. Promotion of vehicle defect reporting.
Sec. 31308. Whistleblower protections for motor vehicle manufacturers, part suppliers, and dealership employees.
Sec. 31309. Anti-revolving door.
Sec. 31310. Study of crash data collection.
Sec. 31311. Update means of providing notification; improving efficacy of recalls.
Sec. 31312. Expanding choices of remedy available to manufacturers of replacement equipment.
Sec. 31313. Recall obligations and bankruptcy of manufacturer.
Sec. 31314. Repeal of insurance reports and information provision.
Sec. 31315. Monroney sticker to permit additional safety rating categories.
Subtitle D—Vehicle Electronics and Safety Standards
Sec. 31401. National Highway Traffic Safety Administration electronics, software, and engineering expertise.
Sec. 31402. Vehicle stopping distance and brake override standard.
Sec. 31403. Pedal placement standard.
Sec. 31404. Electronic systems performance standard.
Sec. 31405. Pushbutton ignition systems standard.
Sec. 31406. Vehicle event data recorders.
Sec. 31407. Prohibition on electronic visual entertainment in driver’s view.
Sec. 31408. Commercial motor vehicle rollover prevention and crash mitigation.
Subtitle E—Child Safety Standards
Sec. 31501. Child safety seats.
Sec. 31502. Child restraint anchorage systems.
Sec. 31503. Rear seat belt reminders.
Sec. 31504. Unattended passenger reminders.
Sec. 31505. New deadline.
Subtitle F—Improved daytime and nighttime visibility of agricultural equipment
Sec. 31601. Rulemaking on visibility of agricultural equipment.
TITLE II—Commercial Motor Vehicle Safety Enhancement Act of 2012
Sec. 32001. Short title.
Sec. 32002. References to title 49, United States Code.
Subtitle A—Commercial motor vehicle registration
Sec. 32101. Registration of motor carriers.
Sec. 32102. Safety fitness of new operators.
Sec. 32103. Reincarnated carriers.
Sec. 32104. Financial responsibility requirements.
Sec. 32105. USDOT number registration requirement.
Sec. 32106. Registration fee system.
Sec. 32107. Registration update.
Sec. 32108. Increased penalties for operating without registration.
Sec. 32109. Revocation of registration for imminent hazard.
Sec. 32110. Revocation of registration and other penalties for failure to respond to subpoena.
Sec. 32111. Fleetwide out of service order for operating without required registration.
Sec. 32112. Motor carrier and officer patterns of safety violations.
Sec. 32113. Federal successor standard.
Subtitle B—Commercial motor vehicle safety
Sec. 32201. Repeal of commercial jurisdiction exception for brokers of motor carriers of passengers.
Sec. 32202. Bus rentals and definition of employer.
Sec. 32203. Crashworthiness standards.
Sec. 32204. Canadian safety rating reciprocity.
Sec. 32205. State reporting of foreign commercial driver convictions.
Sec. 32206. Authority to disqualify foreign commercial drivers.
Sec. 32207. Revocation of foreign motor carrier operating authority for failure to pay civil penalties.
Sec. 32208. Rental truck accident study.
Subtitle C—Driver safety
Sec. 32301. Electronic on-board recording devices.
Sec. 32302. Safety fitness.
Sec. 32303. Driver medical qualifications.
Sec. 32304. Commercial driver's license notification system.
Sec. 32305. Commercial motor vehicle operator training.
Sec. 32306. Commercial driver's license program.
Sec. 32307. Commercial driver's license requirements.
Sec. 32308. Commercial motor vehicle driver information systems.
Sec. 32309. Disqualifications based on non-commercial motor vehicle operations.
Sec. 32310. Federal driver disqualifications.
Sec. 32311. Employer responsibilities.
Sec. 32312. Improving and expediting safety assessments in the commercial driver's license application process for members and former members of the Armed Forces.
Subtitle D—Safe Roads Act of 2012
Sec. 32401. Short title.
Sec. 32402. National clearinghouse for controlled substance and alcohol test results of commercial motor vehicle operators.
Sec. 32403. Drug and alcohol violation sanctions.
Sec. 32404. Authorization of appropriations.
Subtitle E—Enforcement
Sec. 32501. Inspection demand and display of credentials.
Sec. 32502. Out of service penalty for denial of access to records.
Sec. 32503. Penalties for violation of operation out of service orders.
Sec. 32504. Minimum prohibition on operation for unfit carriers.
Sec. 32505. Minimum out of service penalties.
Sec. 32506. Impoundment and immobilization of commercial motor vehicles for imminent hazard.
Sec. 32507. Increased penalties for evasion of regulations.
Sec. 32508. Failure to pay civil penalty as a disqualifying offense.
Sec. 32509. Violations relating to commercial motor vehicle safety regulation and operators.
Sec. 32510. Emergency disqualification for imminent hazard.
Sec. 32511. Intrastate operations of interstate motor carriers.
Sec. 32512. Enforcement of safety laws and regulations.
Sec. 32513. Disclosure to State and local law enforcement agencies.
Sec. 32514. Grade crossing safety regulations.
Subtitle F—Compliance, safety, accountability
Sec. 32601. Compliance, safety, accountability.
Sec. 32602. Performance and registration information systems management program.
Sec. 32603. Commercial motor vehicle defined.
Sec. 32604. Driver safety fitness ratings.
Sec. 32605. Uniform electronic clearance for commercial motor vehicle inspections.
Sec. 32606. Authorization of appropriations.
Sec. 32607. High risk carrier reviews.
Sec. 32608. Data and technology grants.
Sec. 32609. Driver safety grants.
Sec. 32610. Commercial vehicle information systems and networks.
Subtitle G—Motorcoach Enhanced Safety Act of 2012
Sec. 32701. Short title.
Sec. 32702. Definitions.
Sec. 32703. Regulations for improved occupant protection, passenger evacuation, and crash avoidance.
Sec. 32704. Standards for improved fire safety.
Sec. 32705. Occupant protection, collision avoidance, fire causation, and fire extinguisher research and testing.
Sec. 32706. Motorcoach registration.
Sec. 32707. Improved oversight of motorcoach service providers.
Sec. 32708. Report on feasibility, benefits, and costs of establishing a system of certification of training programs.
Sec. 32709. Report on driver's license requirements for 9- to 15-passenger vans.
Sec. 32710. Event data recorders.
Sec. 32711. Safety inspection program for commercial motor vehicles of passengers.
Sec. 32712. Distracted driving.
Sec. 32713. Regulations.
Subtitle H—Safe Highways and Infrastructure Preservation
Sec. 32801. Comprehensive truck size and weight limits study.
Sec. 32802. Compilation of existing State truck size and weight limit laws.
Subtitle I—Miscellaneous
PART I—Miscellaneous
Sec. 32911. Detention time study.
Sec. 32912. Prohibition of coercion.
Sec. 32913. Motor carrier safety advisory committee.
Sec. 32914. Waivers, exemptions, and pilot programs.
Sec. 32915. Registration requirements.
Sec. 32916. Additional motor carrier registration requirements.
Sec. 32917. Registration of freight forwarders and brokers.
Sec. 32918. Effective periods of registration.
Sec. 32919. Financial security of brokers and freight forwarders.
Sec. 32920. Unlawful brokerage activities.
PART II—Household goods transportation
Sec. 32921. Additional registration requirements for household goods motor carriers.
Sec. 32922. Failure to give up possession of household goods.
Sec. 32923. Settlement authority.
Sec. 32924. Household goods transportation assistance program.
Sec. 32925. Household goods consumer education program.
PART III—Technical Amendments
Sec. 32931. Update of obsolete text.
Sec. 32932. Correction of interstate commerce commission references.
Sec. 32933. Technical and conforming amendments.
TITLE III—Surface Transportation and Freight Policy Act of 2012
Sec. 33001. Short title.
Sec. 33002. Establishment of a national surface transportation and freight policy.
Sec. 33003. Surface transportation and freight strategic plan.
Sec. 33004. Transportation investment data and planning tools.
Sec. 33005. Port infrastructure development initiative.
Sec. 33006. Safety for motorized and nonmotorized users.
Sec. 33007. Buy America waiver requirements.
Sec. 33008. Make it in America Initiative.
Sec. 33009. Capacity-building for natural disasters and extreme weather.
Sec. 33010. Toll fairness study.
TITLE IV—Hazardous Materials Transportation Safety Improvement Act of 2012
Sec. 34001. Short title.
Sec. 34002. Definition.
Sec. 34003. References to title 49, United States Code.
Sec. 34004. Training for emergency responders.
Sec. 34005. Paperless Hazard Communications Pilot Program.
Sec. 34006. Improving data collection, analysis, and reporting.
Sec. 34007. Loading and unloading of hazardous materials.
Sec. 34008. Hazardous material technical assessment, research and development, and analysis program.
Sec. 34009. Hazardous Material Enforcement Training Program.
Sec. 34010. Inspections.
Sec. 34011. Civil penalties.
Sec. 34012. Reporting of fees.
Sec. 34013. Special permits, approvals, and exclusions.
Sec. 34014. Highway routing disclosures.
Sec. 34015. Authorization of appropriations.
TITLE V—National Rail System Preservation, Expansion, and Development Act of 2012
Sec. 35001. Short title.
Sec. 35002. References to title 49, United States Code.
Subtitle A—Federal and State roles in rail planning and development tools
Sec. 35101. Rail plans.
Sec. 35102. Improved data on delay.
Sec. 35103. Data and modeling.
Sec. 35104. Shared-use corridor study.
Sec. 35105. Cooperative equipment pool.
Sec. 35106. Project management oversight and planning.
Sec. 35107. Improvements to the Capital Assistance Programs.
Sec. 35108. Liability.
Sec. 35109. Disadvantaged business enterprises.
Sec. 35110. Workforce development.
Sec. 35111. Veterans employment.
Subtitle B—Amtrak
Sec. 35201. State-supported routes.
Sec. 35202. Northeast corridor infrastructure and operations advisory commission.
Sec. 35203. Northeast corridor high-speed rail improvement plan.
Sec. 35204. Northeast corridor environmental review process.
Sec. 35205. Delegation authority.
Sec. 35206. Amtrak inspector general.
Sec. 35207. Compensation for private-sector use of Federally-funded assets.
Sec. 35208. On-time performance.
Sec. 35209. Board of directors.
Sec. 35210. Amtrak.
Subtitle C—Rail safety improvements
Sec. 35301. Positive train control.
Sec. 35302. Additional eligibility for railroad rehabilitation and improvement financing.
Sec. 35303. FCC study of spectrum availability.
Subtitle D—Freight rail
Sec. 35401. Rail line relocation.
Sec. 35402. Compilation of complaints.
Sec. 35403. Maximum relief in certain rate cases.
Sec. 35404. Rate review timelines.
Sec. 35405. Revenue adequacy study.
Sec. 35406. Quarterly reports.
Sec. 35407. Workforce review.
Sec. 35408. Railroad rehabilitation and improvement financing.
Subtitle E—Technical corrections
Sec. 35501. Technical corrections.
Sec. 35502. Condemnation authority.
Subtitle F—Licensing and insurance requirements for passenger rail carriers
Sec. 35601. Certification of passenger rail carriers.
TITLE VI—Sport Fish Restoration and Recreational Boating Safety Act of 2012
Sec. 36001. Short title.
Sec. 36002. Amendment of Federal Aid in Sport Fish Restoration Act.
TITLE VII—Miscellaneous
Sec. 37001. Aircraft noise abatement.
DIVISION D—Finance
Sec. 40001. Short title.
TITLE I—Extension of Highway Trust Fund Expenditure Authority and Related Taxes
Sec. 40101. Extension of trust fund expenditure authority.
Sec. 40102. Extension of highway-related taxes.
TITLE II—Other provisions
Sec. 40201. Temporary increase in small issuer exception to tax-exempt interest expense allocation rules for financial institutions.
Sec. 40202. Temporary modification of alternative minimum tax limitations on tax-exempt bonds.
Sec. 40203. Issuance of TRIP bonds by State infrastructure banks.
Sec. 40204. Extension of parity for exclusion from income for employer-provided mass transit and parking benefits.
Sec. 40205. Exempt-facility bonds for sewage and water supply facilities.
TITLE III—Revenue provisions
Sec. 40301. Transfer from Leaking Underground Storage Tank Trust Fund to Highway Trust Fund.
Sec. 40302. Portion of Leaking Underground Storage Tank Trust Fund financing rate transferred to Highway Trust Fund.
Sec. 40303. Transfer of gas guzzler taxes to Highway Trust Fund.
Sec. 40304. Revocation or denial of passport in case of certain unpaid taxes.
Sec. 40305. 100 percent continuous levy on payments to Medicare providers and suppliers.
Sec. 40306. Transfer of amounts attributable to certain duties on imported vehicles into the Highway Trust Fund.
Sec. 40307. Treatment of securities of a controlled corporation exchanged for assets in certain reorganizations.
Sec. 40308. Internal Revenue Service levies and Thrift Savings Plan Accounts.
Sec. 40309. Depreciation and amortization rules for highway and related property subject to long-term leases.
Sec. 40310. Extension for transfers of excess pension assets to retiree health accounts.
Sec. 40311. Transfer of excess pension assets to retiree group term life insurance accounts.
Sec. 40312. Pension funding stabilization.
Sec. 40313. Additional transfers to Highway Trust Fund.
Sec. 40314. Transfers to Federal Old-Age and Survivors Insurance Trust Fund and Federal Disability Insurance Trust Fund.
DIVISION E—Research and education
Sec. 50001. Short title.
TITLE I—Funding
Sec. 51001. Authorization of appropriations.
TITLE II—Research, technology, and education
Sec. 52001. Research, technology, and education.
Sec. 52002. Surface transportation research, development, and technology.
Sec. 52003. Research and technology development and deployment.
Sec. 52004. Training and education.
Sec. 52005. State planning and research.
Sec. 52006. International highway transportation program.
Sec. 52007. Surface transportation environmental cooperative research program.
Sec. 52008. National cooperative freight research.
Sec. 52009. Prize authority.
Sec. 52010. University transportation centers program.
Sec. 52011. Bureau of transportation statistics.
Sec. 52012. Administrative authority.
Sec. 52013. Transportation research and development strategic planning.
TITLE III—Intelligent transportation systems research
Sec. 53001. Use of funds for its activities.
Sec. 53002. Goals and purposes.
Sec. 53003. General authorities and requirements.
Sec. 53004. Research and development.
Sec. 53005. National architecture and standards.
Sec. 53006. Vehicle-to-vehicle and vehicle-to-infrastructure communications systems deployment.
DIVISION F—Miscellaneous
TITLE I—Reauthorization of certain programs
Subtitle A—Secure rural schools and community self-determination program
Sec. 100101. Secure Rural Schools and Community Self-Determination Program.
Subtitle B—Payment in lieu of taxes program
Sec. 100111. Payments in lieu of taxes.
Subtitle C—Offsets
Sec. 100112. Tax reporting for life settlement transactions.
Sec. 100113. Clarification of tax basis of life insurance contracts.
Sec. 100114. Exception to transfer for valuable consideration rules.
Sec. 100115. Phased retirement authority.
Sec. 100116. Roll-your-own cigarette machines.
TITLE II—Stop tax haven abuse
Sec. 100201. Authorizing special measures against foreign jurisdictions, financial institutions, and others that significantly impede United States tax enforcement.
DIVISION G—Air transportation
Sec. 100301. Technical corrections relating to overflights of National Parks.
DIVISION H—Budgetary effects
Sec. 100401. Budgetary effects.
2.DefinitionsIn this Act, the following definitions apply:
(1)DepartmentThe term Department means the Department of Transportation.
(2)SecretaryThe term Secretary means the Secretary of Transportation.
AFederal-aid highways and highway safety construction programs
IFederal-aid highways AAuthorizations and programs
1101.Authorization of appropriations
(a)In generalThe following sums are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):
(1)Federal-aid highway programFor the national highway performance program under section 119 of title 23, United States Code, the transportation mobility program under section 133 of that title, the highway safety improvement program under section 148 of that title, the congestion mitigation and air quality improvement program under section 149 of that title, the national freight program under section 167 of that title, and to carry out section 134 of that title—
(A)$39,143,000,000 for fiscal year 2012; and
(B)$39,806,000,000 for fiscal year 2013.
(2)Transportation infrastructure finance and innovation programFor credit assistance under the transportation infrastructure finance and innovation program under chapter 6 of title 23, United States Code, $1,000,000,000 for each of fiscal years 2012 and 2013.
(3)Federal lands and tribal transportation programs
(A)Tribal transportation programFor the tribal transportation program under section 202 of title 23, United States Code, $450,000,000 for each of fiscal years 2012 and 2013.
(B)Federal lands transportation programFor the Federal lands transportation program under section 203 of title 23, United States Code, $300,000,000 for each of fiscal years 2012 and 2013, of which $260,000,000 of the amount made available for each fiscal year shall be the amount for the National Park Service and the United States Fish and Wildlife Service.
(C)Federal lands access programFor the Federal lands access program under section 204 of title 23, United States Code, $250,000,000 for each of fiscal years 2012 and 2013.
(4)Territorial and Puerto Rico highway programFor the territorial and Puerto Rico highway program under section 165 of title 23, United States Code, $180,000,000 for each of fiscal years 2012 and 2013.
(b)Disadvantaged business enterprises
(1)DefinitionsIn this subsection, the following definitions apply:
(A)Small business concern
(i)In generalThe term small business concern means a small business concern (as the term is used in section 3 of the Small Business Act (15 U.S.C. 632)).
(ii)ExclusionsThe term small business concern does not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals that have average annual gross receipts during the preceding 3 fiscal years in excess of $22,410,000, as adjusted annually by the Secretary for inflation.
(B)Socially and economically disadvantaged individualsThe term socially and economically disadvantaged individuals means—
(i)women; and
(ii)any other socially and economically disadvantaged individuals (as the term is used in section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and relevant subcontracting regulations promulgated pursuant to that Act).
(2)Amounts for small business concernsExcept to the extent that the Secretary determines otherwise, not less than 10 percent of the amounts made available for any program under divisions A and B of this Act and section 403 of title 23, United States Code, shall be expended through small business concerns owned and controlled by socially and economically disadvantaged individuals.
(3)Annual listing of disadvantaged business enterprisesEach State shall annually—
(A)survey and compile a list of the small business concerns referred to in paragraph (2) in the State, including the location of the small business concerns in the State; and
(B)notify the Secretary, in writing, of the percentage of the small business concerns that are controlled by—
(i)women;
(ii)socially and economically disadvantaged individuals (other than women); and
(iii)individuals who are women and are otherwise socially and economically disadvantaged individuals.
(4)Uniform certification
(A)In generalThe Secretary shall establish minimum uniform criteria for use by State governments in certifying whether a concern qualifies as a small business concern for the purpose of this subsection.
(B)InclusionsThe minimum uniform criteria established under subparagraph (A) shall include, with respect to a potential small business concern—
(i)on-site visits;
(ii)personal interviews with personnel;
(iii)issuance or inspection of licenses;
(iv)analyses of stock ownership;
(v)listings of equipment;
(vi)analyses of bonding capacity;
(vii)listings of work completed;
(viii)examination of the resumes of principal owners;
(ix)analyses of financial capacity; and
(x)analyses of the type of work preferred.
(5)ReportingThe Secretary shall establish minimum requirements for use by State governments in reporting to the Secretary—
(A)information concerning disadvantaged business enterprise awards, commitments, and achievements; and
(B)such other information as the Secretary determines to be appropriate for the proper monitoring of the disadvantaged business enterprise program.
(6)Compliance with court ordersNothing in this subsection limits the eligibility of an individual or entity to receive funds made available under divisions A and B of this Act and section 403 of title 23, United States Code, if the entity or person is prevented, in whole or in part, from complying with paragraph (2) because a Federal court issues a final order in which the court finds that a requirement or the implementation of paragraph (2) is unconstitutional.
1102.Obligation ceiling
(a)General limitationSubject to subsection (e), and notwithstanding any other provision of law, the obligations for Federal-aid highway and highway safety construction programs shall not exceed—
(1)$41,564,000,000 for fiscal year 2012; and
(2)$42,227,000,000 for fiscal year 2013.
(b)ExceptionsThe limitations under subsection (a) shall not apply to obligations under or for—
(1)section 125 of title 23, United States Code;
(2)section 147 of the Surface Transportation Assistance Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3)section 9 of the Federal-Aid Highway Act of 1981 (95 Stat. 1701);
(4)subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982 (96 Stat. 2119);
(5)subsections (b) and (c) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 198);
(6)sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7)section 157 of title 23, United States Code (as in effect on June 8, 1998);
(8)section 105 of title 23, United States Code (as in effect for fiscal years 1998 through 2004, but only in an amount equal to $639,000,000 for each of those fiscal years);
(9)Federal-aid highway programs for which obligation authority was made available under the Transportation Equity Act for the 21st Century (112 Stat. 107) or subsequent Acts for multiple years or to remain available until expended, but only to the extent that the obligation authority has not lapsed or been used;
(10)section 105 of title 23, United States Code (but, for each of fiscal years 2005 through 2011, only in an amount equal to $639,000,000 for each of those fiscal years);
(11)section 1603 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1248), to the extent that funds obligated in accordance with that section were not subject to a limitation on obligations at the time at which the funds were initially made available for obligation; and
(12)section 119 of title 23, United States Code (but, for each of fiscal years 2012 through 2013, only in an amount equal to $639,000,000 for each of those fiscal years).
(c)Distribution of obligation authorityFor each of fiscal years 2012 through 2013, the Secretary—
(1)shall not distribute obligation authority provided by subsection (a) for the fiscal year for—
(A)amounts authorized for administrative expenses and programs by section 104(a) of title 23, United States Code; and
(B)amounts authorized for the Bureau of Transportation Statistics;
(2)shall not distribute an amount of obligation authority provided by subsection (a) that is equal to the unobligated balance of amounts—
(A)made available from the Highway Trust Fund (other than the Mass Transit Account) for Federal-aid highway and highway safety construction programs for previous fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under sections 202 or 204 of title 23, United States Code); and
(B)for which obligation authority was provided in a previous fiscal year;
(3)shall determine the proportion that—
(A)the obligation authority provided by subsection (a) for the fiscal year, less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears to
(B)the total of the sums authorized to be appropriated for the Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1) through (11) of subsection (b) and sums authorized to be appropriated for section 119 of title 23, United States Code, equal to the amount referred to in subsection (b)(12) for the fiscal year), less the aggregate of the amounts not distributed under paragraphs (1) and (2) of this subsection;
(4)shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs (other than programs to which paragraph (1) applies) that are allocated by the Secretary under this Act and title 23, United States Code, or apportioned by the Secretary under sections 202 or 204 of that title, by multiplying—
(A)the proportion determined under paragraph (3); by
(B)the amounts authorized to be appropriated for each such program for the fiscal year; and
(5)shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2) and the amounts distributed under paragraph (4), for Federal-aid highway and highway safety construction programs that are apportioned by the Secretary under title 23, United States Code (other than the amounts apportioned for the national highway performance program in section 119 of title 23, United States Code, that are exempt from the limitation under subsection (b)(12) and the amounts apportioned under section 204 of that title) in the proportion that—
(A)amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to each State for the fiscal year; bears to
(B)the total of the amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to all States for the fiscal year.
(d)Redistribution of unused obligation authorityNotwithstanding subsection (c), the Secretary shall, after August 1 of each of fiscal years 2012 through 2013—
(1)revise a distribution of the obligation authority made available under subsection (c) if an amount distributed cannot be obligated during that fiscal year; and
(2)redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds apportioned under sections 144 (as in effect on the day before the date of enactment of this Act) and 104 of title 23, United States Code.
(e)Applicability of obligation limitations to transportation research programs
(1)In generalExcept as provided in paragraph (2), obligation limitations imposed by subsection (a) shall apply to contract authority for transportation research programs carried out under—
(A)chapter 5 of title 23, United States Code; and
(B)division E of this Act.
(2)ExceptionObligation authority made available under paragraph (1) shall—
(A)remain available for a period of 4 fiscal years; and
(B)be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years.
(f)Redistribution of certain authorized funds
(1)In generalNot later than 30 days after the date of distribution of obligation authority under subsection (c) for each of fiscal years 2012 through 2013, the Secretary shall distribute to the States any funds (excluding funds authorized for the program under section 202 of title 23, United States Code) that—
(A)are authorized to be appropriated for the fiscal year for Federal-aid highway programs; and
(B)the Secretary determines will not be allocated to the States (or will not be apportioned to the States under section 204 of title 23, United States Code), and will not be available for obligation, for the fiscal year because of the imposition of any obligation limitation for the fiscal year.
(2)RatioFunds shall be distributed under paragraph (1) in the same proportion as the distribution of obligation authority under subsection (c)(5).
(3)AvailabilityFunds distributed to each State under paragraph (1) shall be available for any purpose described in section 133(c) of title 23, United States Code.
1103.Definitions
(a)DefinitionsSection 101(a) of title 23, United States Code, is amended—
(1)by striking paragraphs (6), (7), (9), (12), (19), (20), (24), (25), (26), (28), (38), and (39);
(2)by redesignating paragraphs (2), (3), (4), (5), (8), (13), (14), (15), (16), (17), (18), (21), (22), (23), (27), (29), (30), (31), (32), (33), (34), (35), (36), and (37) as paragraphs (3), (4), (5), (6), (9), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26), (28), (29), (33), and (34), respectively;
(3)by inserting after paragraph (1) the following:
(2)Asset managementThe term asset management means a strategic and systematic process of operating, maintaining, and improving physical assets, with a focus on both engineering and economic analysis based upon quality information, to identify a structured sequence of maintenance, preservation, repair, rehabilitation, and replacement actions that will achieve and sustain a desired state of good repair over the lifecycle of the assets at minimum practicable cost.
;
(4)in paragraph (4) (as redesignated by paragraph (2))—
(A)in the matter preceding subparagraph (A), by inserting or any project eligible for assistance under this title after of a highway;
(B)by striking subparagraph (A) and inserting the following:
(A)preliminary engineering, engineering, and design-related services directly relating to the construction of a highway project, including engineering, design, project development and management, construction project management and inspection, surveying, mapping (including the establishment of temporary and permanent geodetic control in accordance with specifications of the National Oceanic and Atmospheric Administration), and architectural-related services;
;
(C)in subparagraph (B)—
(i)by inserting reconstruction, before resurfacing; and
(ii)by striking and rehabilitation and inserting rehabilitation, and preservation;
(D)in subparagraph (E) by striking railway and inserting railway-highway; and
(E)in subparagraph (F) by striking obstacles and inserting hazards.
(5)in paragraph (6) (as so redesignated)—
(A)by inserting public before highway eligible; and
(B)by inserting functionally before classified;
(6)by inserting after paragraph (6) (as so redesignated) the following:
(7)Federal lands access transportation facilityThe term Federal Lands access transportation facility means a public highway, road, bridge, trail, or transit system that is located on, is adjacent to, or provides access to Federal lands for which title or maintenance responsibility is vested in a State, county, town, township, tribal, municipal, or local government.
(8)Federal lands transportation facilityThe term Federal lands transportation facility means a public highway, road, bridge, trail, or transit system that is located on, is adjacent to, or provides access to Federal lands for which title and maintenance responsibility is vested in the Federal Government, and that appears on the national Federal lands transportation facility inventory described in section 203(c).
;
(7)in paragraph (11)(B) by inserting including public roads on dams after drainage structure;
(8)in paragraph (14) (as so redesignated)—
(A)by striking as a and inserting as an air quality; and
(B)by inserting air quality before attainment area;
(9)in paragraph (18) (as so redesignated) by striking an undertaking to construct a particular portion of a highway, or if the context so implies, the particular portion of a highway so constructed or any other undertaking and inserting any undertaking;
(10)in paragraph (19) (as so redesignated)—
(A)by striking the State transportation department and; and
(B)by inserting and the recipient after Secretary;
(11)by striking paragraph (23) (as so redesignated) and inserting the following:
(23)Safety improvement projectThe term safety improvement project means a strategy, activity, or project on a public road that is consistent with the State strategic highway safety plan and corrects or improves a roadway feature that constitutes a hazard to road users or addresses a highway safety problem.
;
(12)by inserting after paragraph (26) (as so redesignated) the following:
(27)State strategic highway safety planThe term State strategic highway safety plan has the same meaning given such term in section 148(a).
;
(13)by striking paragraph (29) (as so redesignated) and inserting the following:
(29)Transportation enhancement activityThe term transportation enhancement activity means any of the following activities when carried out as part of any program or project authorized or funded under this title, or as an independent program or project related to surface transportation:
(A)Provision of facilities for pedestrians and bicycles.
(B)Provision of safety and educational activities for pedestrians and bicyclists.
(C)Acquisition of scenic easements and scenic or historic sites.
(D)Scenic or historic highways and bridges.
(E)Vegetation management practices in transportation rights-of-way and other activities eligible under section 319.
(F)Historic preservation, rehabilitation, and operation of historic transportation buildings, structures, or facilities.
(G)Preservation of abandoned railway corridors, including the conversion and use of the corridors for pedestrian or bicycle trails.
(H)Inventory, control, and removal of outdoor advertising.
(I)Archaeological planning and research.
(J)Any environmental mitigation activity, including pollution prevention and pollution abatement activities and mitigation to—
(i)address stormwater management, control, and water pollution prevention or abatement related to highway construction or due to highway runoff, including activities described in sections 133(b)(11), 328(a), and 329; or
(ii)reduce vehicle-caused wildlife mortality or to restore and maintain connectivity among terrestrial or aquatic habitats.
; and
(14)by inserting after paragraph (29) (as so redesignated) the following:
(30)Transportation systems management and operations
(A)In generalThe term transportation systems management and operations means integrated strategies to optimize the performance of existing infrastructure through the implementation of multimodal and intermodal, cross-jurisdictional systems, services, and projects designed to preserve capacity and improve security, safety, and reliability of the transportation system.
(B)InclusionsThe term transportation systems management and operations includes—
(i)actions such as traffic detection and surveillance, corridor management, freeway management, arterial management, active transportation and demand management, work zone management, emergency management, traveler information services, congestion pricing, parking management, automated enforcement, traffic control, commercial vehicle operations, freight management, and coordination of highway, rail, transit, bicycle, and pedestrian operations; and
(ii)coordination of the implementation of regional transportation system management and operations investments (such as traffic incident management, traveler information services, emergency management, roadway weather management, intelligent transportation systems, communication networks, and information sharing systems) requiring agreements, integration, and interoperability to achieve targeted system performance, reliability, safety, and customer service levels.
(31)Tribal transportation facilityThe term tribal transportation facility means a public highway, road, bridge, trail, or transit system that is located on or provides access to tribal land and appears on the national tribal transportation facility inventory described in section 202(b)(1).
(32)Truck stop electrification systemThe term truck stop electrification system means a system that delivers heat, air conditioning, electricity, or communications to a heavy-duty vehicle.
.
(b)Sense of CongressSection 101(c) of title 23, United States Code, is amended by striking system and inserting highway.
1104.National highway system
(a)In generalSection 103 of title 23, United States Code, is amended to read as follows:
103.National highway system
(a)In generalFor the purposes of this title, the Federal-aid system is the National Highway System, which includes the Interstate System.
(b)National highway system
(1)DescriptionThe National Highway System consists of the highway routes and connections to transportation facilities that shall—
(A)serve major population centers, international border crossings, ports, airports, public transportation facilities, and other intermodal transportation facilities and other major travel destinations;
(B)meet national defense requirements; and
(C)serve interstate and interregional travel and commerce.
(2)ComponentsThe National Highway System described in paragraph (1) consists of the following:
(A)The National Highway System depicted on the map submitted by the Secretary of Transportation to Congress with the report entitled Pulling Together: The National Highway System and its Connections to Major Intermodal Terminals and dated May 24, 1996, and modifications approved by the Secretary before the date of enactment of the MAP–21.
(B)Other urban and rural principal arterial routes, and border crossings on those routes, that were not included on the National Highway System before the date of enactment of the MAP–21.
(C)Other connector highways (including toll facilities) that were not included in the National Highway System before the date of enactment of the MAP–21 but that provide motor vehicle access between arterial routes on the National Highway System and a major intermodal transportation facility.
(D)A strategic highway network that—
(i)consists of a network of highways that are important to the United States strategic defense policy, that provide defense access, continuity, and emergency capabilities for the movement of personnel, materials, and equipment in both peacetime and wartime, and that were not included on the National Highway System before the date of enactment of the MAP–21;
(ii)may include highways on or off the Interstate System; and
(iii)shall be designated by the Secretary, in consultation with appropriate Federal agencies and the States.
(E)Major strategic highway network connectors that—
(i)consist of highways that provide motor vehicle access between major military installations and highways that are part of the strategic highway network but were not included on the National Highway System before the date of enactment of the MAP–21; and
(ii)shall be designated by the Secretary, in consultation with appropriate Federal agencies and the States.
(3)Modifications to NHS
(A)In generalThe Secretary may make any modification, including any modification consisting of a connector to a major intermodal terminal, to the National Highway System that is proposed by a State if the Secretary determines that the modification—
(i)meets the criteria established for the National Highway System under this title after the date of enactment of the MAP–21; and
(ii)enhances the national transportation characteristics of the National Highway System.
(B)Cooperation
(i)In generalIn proposing a modification under this paragraph, a State shall cooperate with local and regional officials.
(ii)Urbanized areasIn an urbanized area, the local officials shall act through the metropolitan planning organization designated for the area under section 134.
(c)Interstate system
(1)Description
(A)In generalThe Dwight D. Eisenhower National System of Interstate and Defense Highways within the United States (including the District of Columbia and Puerto Rico) consists of highways designed, located, and selected in accordance with this paragraph.
(B)Design
(i)In generalExcept as provided in clause (ii), highways on the Interstate System shall be designed in accordance with the standards of section 109(b).
(ii)ExceptionHighways on the Interstate System in Alaska and Puerto Rico shall be designed in accordance with such geometric and construction standards as are adequate for current and probable future traffic demands and the needs of the locality of the highway.
(C)LocationHighways on the Interstate System shall be located so as—
(i)to connect by routes, as direct as practicable, the principal metropolitan areas, cities, and industrial centers;
(ii)to serve the national defense; and
(iii)to the maximum extent practicable, to connect at suitable border points with routes of continental importance in Canada and Mexico.
(D)Selection of routesTo the maximum extent practicable, each route of the Interstate System shall be selected by joint action of the State transportation departments of the State in which the route is located and the adjoining States, in cooperation with local and regional officials, and subject to the approval of the Secretary.
(2)Maximum mileageThe mileage of highways on the Interstate System shall not exceed 43,000 miles, exclusive of designations under paragraph (4).
(3)ModificationsThe Secretary may approve or require modifications to the Interstate System in a manner consistent with the policies and procedures established under this subsection.
(4)Interstate system designations
(A)AdditionsIf the Secretary determines that a highway on the National Highway System meets all standards of a highway on the Interstate System and that the highway is a logical addition or connection to the Interstate System, the Secretary may, upon the affirmative recommendation of the State or States in which the highway is located, designate the highway as a route on the Interstate System.
(B)Designations as future interstate system routes
(i)In generalSubject to clauses (ii) through (vi), if the Secretary determines that a highway on the National Highway System would be a logical addition or connection to the Interstate System and would qualify for designation as a route on the Interstate System under subparagraph (A) if the highway met all standards of a highway on the Interstate System, the Secretary may, upon the affirmative recommendation of the State or States in which the highway is located, designate the highway as a future Interstate System route.
(ii)Written agreementA designation under clause (i) shall be made only upon the written agreement of each State described in that clause that the highway will be constructed to meet all standards of a highway on the Interstate System by not later than the date that is 25 years after the date of the agreement.
(iii)Failure to complete constructionIf a State described in clause (i) has not substantially completed the construction of a highway designated under this subparagraph by the date specified in clause (ii), the Secretary shall remove the designation of the highway as a future Interstate System route.
(iv)Effect of removalRemoval of the designation of a highway under clause (iii) shall not preclude the Secretary from designating the highway as a route on the Interstate System under subparagraph (A) or under any other provision of law providing for addition to the Interstate System.
(v)Retroactive effectAn agreement described in clause (ii) that is entered into before August 10, 2005, shall be deemed to include the 25-year time limitation described in that clause, regardless of any earlier construction completion date in the agreement.
(vi)ReferencesNo law, rule, regulation, map, document, or other record of the United States, or of any State or political subdivision of a State, shall refer to any highway designated as a future Interstate System route under this subparagraph, and no such highway shall be signed or marked, as a highway on the Interstate System, until such time as the highway— (I)is constructed to the geometric and construction standards for the Interstate System; and (II)has been designated as a route on the Interstate System.
(C)Financial responsibilityExcept as provided in this title, the designation of a highway under this paragraph shall create no additional Federal financial responsibility with respect to the highway.
(5)Exemption of interstate system
(A)In generalExcept as provided in subparagraph (B), the Interstate System shall not be considered to be a historic site under section 303 of title 49 or section 138 of this title, regardless of whether the Interstate System or portions or elements of the Interstate System are listed on, or eligible for listing on, the National Register of Historic Places.
(B)Individual elementsSubject to subparagraph (C)—
(i)the Secretary shall determine, through the administrative process established for exempting the Interstate System from section 106 of the National Historic Preservation Act (16 U.S.C. 470f), those individual elements of the Interstate System that possess national or exceptional historic significance (such as a historic bridge or a highly significant engineering feature); and
(ii)those elements shall be considered to be historic sites under section 303 of title 49 or section 138 of this title, as applicable.
(C)Construction, maintenance, restoration, and rehabilitation activitiesSubparagraph (B) does not prohibit a State from carrying out construction, maintenance, preservation, restoration, or rehabilitation activities for a portion of the Interstate System referred to in subparagraph (B) upon compliance with section 303 of title 49 or section 138 of this title, as applicable, and section 106 of the National Historic Preservation Act (16 U.S.C. 470f).”.
(b)Inclusion of certain route segments on Interstate System
(1)In generalSection 1105(e)(5)(A) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2031; 109 Stat. 597; 115 Stat. 872) is amended—
(A)in the first sentence, by striking and in subsections (c)(18) and (c)(20) and inserting , in subsections (c)(18) and (c)(20), and in subparagraphs (A)(iii) and (B) of subsection (c)(26); and
(B)in the second sentence, by striking that the segment and all that follows through the period and inserting that the segment meets the Interstate System design standards approved by the Secretary under section 109(b) of title 23, United States Code, and is planned to connect to an existing Interstate System segment by the date that is 25 years after the date of enactment of the MAP–21..
(2)Route designationSection 1105(e)(5)(C)(i) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2032; 109 Stat. 598) is amended by adding at the end the following: The routes referred to subparagraphs (A)(iii) and (B)(i) of subsection (c)(26) are designated as Interstate Route I–11..
(c)Conforming amendments
(1)AnalysisThe analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 103 and inserting the following:
103. National highway system.
.
(2)Section 113Section 113 of title 23, United States Code, is amended—
(A)in subsection (a) by striking the Federal-aid systems and inserting Federal-aid highways; and
(B)in subsection (b), in the first sentence, by striking of the Federal-aid systems and inserting Federal-aid highway.
(3)Section 123Section 123(a) of title 23, United States Code, is amended in the first sentence by striking Federal-aid system and inserting Federal-aid highway.
(4)Section 217Section 217(b) of title 23, United States Code, is amended in the subsection heading by striking National Highway System and inserting national highway performance program.
(5)Section 304Section 304 of title 23, United States Code, is amended in the first sentence by striking the Federal-aid highway systems and inserting Federal-aid highways.
(6)Section 317Section 317(d) of title 23, United States Code is amended by striking system and inserting highway.
1105.Apportionment
(a) In generalSection 104 of title 23, United States Code, is amended to read as follows:
104.Apportionment
(a)Administrative expenses
(1)In generalThere 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 $480,000,000 for each of fiscal years 2012 and 2013.
(2)PurposesThe amounts authorized to be appropriated by this subsection shall be used—
(A)to administer the provisions of law to be funded from appropriations for the Federal-aid highway program and programs authorized under chapter 2;
(B)to make transfers of such sums as the Secretary determines to be appropriate to the Appalachian Regional Commission for administrative activities associated with the Appalachian development highway system; and
(C)to reimburse, as appropriate, the Office of Inspector General of the Department of Transportation for the conduct of annual audits of financial statements in accordance with section 3521 of title 31.
(3)AvailabilityThe amounts made available under paragraph (1) shall remain available until expended.
(b)Division of State apportionments among programsThe Secretary shall distribute the amount apportioned to a State for a fiscal year under subsection (c) among the national highway performance program, the transportation mobility program, the highway safety improvement program, the congestion mitigation and air quality improvement program, and the national freight program, and to carry out section 134 as follows:
(1)National highway performance programFor the national highway performance program, 58 percent of the amount remaining after distributing amounts under paragraphs (4) and (6).
(2)Transportation mobility programFor the transportation mobility program, 29.3 percent of the amount remaining after distributing amounts under paragraphs (4) and (6).
(3)Highway safety improvement programFor the highway safety improvement program, 7 percent of the amount remaining after distributing amounts under paragraphs (4) and (6).
(4)Congestion mitigation and air quality improvement programFor the congestion mitigation and air quality improvement program, an amount determined by multiplying the amount determined for the State under subsection (c) by the proportion that—
(A)the amount apportioned to the State for the congestion mitigation and air quality improvement program for fiscal year 2009, plus 10 percent of the amount apportioned to the State for the surface transportation program for that fiscal year; bears to
(B)the total amount of funds apportioned to the State for that fiscal year for the programs referred to in section 105(a)(2) (except for the high priority projects program referred to in section 105(a)(2)(H)), as in effect on the day before the date of enactment of the MAP–21.
(5)National freight programFor the national freight program, 5.7 percent of the amount remaining after distributing amounts under paragraphs (4) and (6).
(6)Metropolitan planningTo carry out section 134, an amount determined by multiplying the amount determined for the State under subsection (c) by the proportion that—
(A)the amount apportioned to the State to carry out section 134 for fiscal year 2009; bears to
(B)the total amount of funds apportioned to the State for that fiscal year for the programs referred to in section 105(a)(2) (except for the high priority projects program referred to in section 105(a)(2)(H)), as in effect on the day before the date of enactment of the MAP–21.
(c)Calculation of State amounts
(1)State shareThe amount for each State of combined apportionments for the national highway performance program under section 119, the transportation mobility program under section 133, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement program under section 149, the national freight program under section 167, and to carry out section 134 shall be determined as follows:
(A)Initial amountThe initial amount for each State shall be determined by multiplying the total amount available for apportionment by the share for each State which shall be equal to the proportion that—
(i)the amount of apportionments and allocations that the State received for fiscal years 2005 through 2009; bears to
(ii)the amount of those apportionments and allocations received by all States for those fiscal years.
(B)Adjustments to amountsThe initial amounts resulting from the calculation under subparagraph (A) shall be adjusted to ensure that, for each State, the amount of combined apportionments for the programs shall not be less than 95 percent of the estimated tax payments attributable to highway users in the State paid into the Highway Trust Fund (other than the Mass Transit Account) in the most recent fiscal year for which data are available.
(C)Further adjustment for privatized highways
(i)Definition of privatized highwayIn this subparagraph: (I)In generalThe term privatized highway means a highway that was formerly a publically operated toll road that is subject to an agreement giving a private entity— (aa)control over the operation of the highway; and (bb)ownership over the toll revenues collected from the operation of the highway. (II)ExclusionThe term privatized highway does not include any highway or toll road that was originally— (aa)financed and constructed using private funds; and (bb)operated by a private entity.
(ii)AdjustmentAfter making the adjustments to the apportionment of a State under subparagraphs (A) and (B), the Secretary shall further adjust the amount to be apportioned to the State by reducing the apportionment by an amount equal to the product obtained by multiplying— (I)the amount to be apportioned to the State, as so adjusted under those subparagraphs; and (II)the percentage described in clause (iii).
(iii)PercentageThe percentage referred to in clause (ii) is the percentage equal to the sum obtained by adding— (I)the product obtained by multiplying— (aa)1/2; and (bb)the proportion that— (AA)the total number of lane miles on privatized highway lanes on National Highway System routes in a State; bears to (BB)the total number of all lane miles on National Highway System routes in the State; and (II)the product obtained by multiplying— (aa)1/2; and (bb)the proportion that— (AA)the total number of vehicle miles traveled on privatized highway lanes on National Highway System routes in the State; bears to (BB)the total number of vehicle miles traveled on all lanes on National Highway System routes in the State.
(iv)ReapportionmentAn amount withheld from apportionment to a State under clause (ii) shall be reapportioned among all other States based on the proportions calculated under subparagraph (A).
(2)State apportionmentOn October 1 of each fiscal year, the Secretary shall apportion the sum authorized to be appropriated for expenditure on the national highway performance program under section 119, the transportation mobility program under section 133, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement program under section 149, the national freight program under section 167, and to carry out section 134 in accordance with paragraph (1).
(d)Metropolitan planning
(1)Use of amounts
(A)Use
(i)In generalExcept as provided in clause (ii), the amounts apportioned to a State under subsection (b)(6) shall be made available by the State to the metropolitan planning organizations responsible for carrying out section 134 in the State.
(ii)States receiving minimum apportionmentA State that received the minimum apportionment for use in carrying out section 134 for fiscal year 2009 may, subject to the approval of the Secretary, use the funds apportioned under subsection (b)(6) to fund transportation planning outside of urbanized areas.
(B)Unused fundsAny funds that are not used to carry out section 134 may be made available by a metropolitan planning organization to the State to fund activities under section 135.
(2)Distribution of amounts within States
(A)In generalThe distribution within any State of the planning funds made available to organizations under paragraph (1) shall be in accordance with a formula that—
(i)is developed by each State and approved by the Secretary; and
(ii)takes into consideration, at a minimum, population, status of planning, attainment of air quality standards, metropolitan area transportation needs, and other factors necessary to provide for an appropriate distribution of funds to carry out section 134 and other applicable requirements of Federal law.
(B)ReimbursementNot later than 15 business days after the date of receipt by a State of a request for reimbursement of expenditures made by a metropolitan planning organization for carrying out section 134, the State shall reimburse, from amounts distributed under this paragraph to the metropolitan planning organization by the State, the metropolitan planning organization for those expenditures.
(3)Determination of population figuresFor the purpose of determining population figures under this subsection, the Secretary shall use the latest available data from the decennial census conducted under section 141(a) of title 13, United States Code.
(e)Certification of apportionments
(1)In generalThe Secretary shall—
(A)on October 1 of each fiscal year, certify to each of the State transportation departments the amount that has been apportioned to the State under this section for the fiscal year; and
(B)to permit the States to develop adequate plans for the use of amounts apportioned under this section, advise each State of the amount that will be apportioned to the State under this section for a fiscal year not later than 90 days before the beginning of the fiscal year for which the sums to be apportioned are authorized.
(2)Notice to StatesIf the Secretary has not made an apportionment under this section for a fiscal year beginning after September 30, 1998, by not later than the date that is the twenty-first day of that fiscal year, the Secretary shall submit, by not later than that date, to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, a written statement of the reason for not making the apportionment in a timely manner.
(3)Apportionment calculations
(A)In generalThe calculation of official apportionments of funds to the States under this title is a primary responsibility of the Department and shall be carried out only by employees (and not contractors) of the Department.
(B)Prohibition on use of funds to hire contractorsNone of the funds made available under this title shall be used to hire contractors to calculate the apportionments of funds to States.
(f)Transfer of highway and transit funds
(1)Transfer of highway funds for transit projects
(A)In generalSubject to subparagraph (B), amounts made available for transit projects or transportation planning under this title may be transferred to and administered by the Secretary in accordance with chapter 53 of title 49.
(B)Non-Federal shareThe provisions of this title relating to the non-Federal share shall apply to the amounts transferred under subparagraph (A).
(2)Transfer of transit funds for highway projects
(A)In generalSubject to subparagraph (B), amounts made available for highway projects or transportation planning under chapter 53 of title 49 may be transferred to and administered by the Secretary in accordance with this title.
(B)Non-Federal shareThe provisions of chapter 53 of title 49 relating to the non-Federal share shall apply to amounts transferred under subparagraph (A).
(3)Transfer of funds among States or to Federal highway administration
(A)In generalSubject to subparagraph (B), the Secretary may, at the request of a State, transfer amounts apportioned or allocated under this title to the State to another State, or to the Federal Highway Administration, for the purpose of funding 1 or more projects that are eligible for assistance with amounts so apportioned or allocated.
(B)ApportionmentThe transfer shall have no effect on any apportionment of amounts to a State under this section.
(C)Funds suballocated to urbanized areasAmounts that are apportioned or allocated to a State under subsection (b)(3) (as in effect on the day before the date of enactment of the MAP–21) or subsection (b)(2) and attributed to an urbanized area of a State with a population of more than 200,000 individuals under section 133(d) may be transferred under this paragraph only if the metropolitan planning organization designated for the area concurs, in writing, with the transfer request.
(4)Transfer of obligation authorityObligation authority for amounts transferred under this subsection shall be transferred in the same manner and amount as the amounts for the projects that are transferred under this section.
(g)Report to CongressFor each fiscal year, the Secretary shall make available to the public, in a user-friendly format via the Internet, a report that describes—
(1)the amount obligated, by each State, for Federal-aid highways and highway safety construction programs during the preceding fiscal year;
(2)the balance, as of the last day of the preceding fiscal year, of the unobligated apportionment of each State by fiscal year under this section;
(3)the balance of unobligated sums available for expenditure at the discretion of the Secretary for such highways and programs for the fiscal year; and
(4)the rates of obligation of funds apportioned or set aside under this section, according to—
(A)program;
(B)funding category of subcategory;
(C)type of improvement;
(D)State; and
(E)sub-State geographical area, including urbanized and rural areas, on the basis of the population of each such area.
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(b)Conforming amendmentSection 146(a) of title 23, United States Code, is amended by striking sections 104(b)(l) and 104(b)(3) and inserting section 104(b)(2).
1106.National highway performance program
(a)In generalSection 119 of title 23, United States Code, is amended to read as follows:
119.National highway performance program
(a)EstablishmentThe Secretary shall establish and implement a national highway performance program under this section.
(b)PurposesThe purposes of the national highway performance program shall be—
(1)to provide support for the condition and performance of the National Highway System; and
(2)to ensure that investments of Federal-aid funds in highway construction are directed to support progress toward the achievement of performance targets for infrastructure condition and performance.
(c)Eligible facilitiesExcept as provided in subsection (d), to be eligible for funding apportioned under section 104(b)(1) to carry out this section, a facility shall be located on the National Highway System, as defined in section 103.
(d)Eligible projectsFunds apportioned to a State to carry out the national highway performance program may be obligated only for a project on an eligible facility that is—
(1)a project, or is part of a program of projects, supporting progress toward the achievement of national performance goals for improving infrastructure condition, safety, mobility, or freight movement on the National Highway System and consistent with sections 134 and 135; and
(2)for 1 or more of the following purposes:
(A)Construction, reconstruction, resurfacing, restoration, rehabilitation, preservation, or operational improvement of segments of the National Highway System.
(B)Construction, replacement (including replacement with fill material), rehabilitation, preservation, and protection (including scour countermeasures, seismic retrofits, impact protection measures, security countermeasures, and protection against extreme events) of bridges on the National Highway System.
(C)Construction, replacement (including replacement with fill material), rehabilitation, preservation, and protection (including impact protection measures, security countermeasures, and protection against extreme events) of tunnels on the National Highway System.
(D)Inspection and evaluation, as described in section 144, of bridges and tunnels on the National Highway System, and inspection and evaluation of other highway infrastructure assets on the National Highway System, including signs and sign structures, earth retaining walls, and drainage structures.
(E)Training of bridge and tunnel inspectors, as described in section 144.
(F)Construction, rehabilitation, or replacement of existing ferry boats and ferry boat facilities, including approaches, that connect road segments of the National Highway System.
(G)Construction, reconstruction, resurfacing, restoration, rehabilitation, and preservation of, and operational improvements for, a Federal-aid highway not on the National Highway System, and construction of a transit project eligible for assistance under chapter 53 of title 49, if—
(i)the highway project or transit project is in the same corridor as, and in proximity to, a fully access-controlled highway designated as a part of the National Highway System;
(ii)the construction or improvements will reduce delays or produce travel time savings on the fully access-controlled highway described in clause (i) and improve regional traffic flow; and
(iii)the construction or improvements are more cost-effective, as determined by benefit-cost analysis, than an improvement to the fully access-controlled highway described in clause (i).
(H)Bicycle transportation and pedestrian walkways in accordance with section 217.
(I)Highway safety improvements for segments of the National Highway System.
(J)Capital and operating costs for traffic and traveler information monitoring, management, and control facilities and programs.
(K)Development and implementation of a State asset management plan for the National Highway System in accordance with this section, including data collection, maintenance, and integration and the cost associated with obtaining, updating, and licensing software and equipment required for risk-based asset management and performance-based management.
(L)Infrastructure-based intelligent transportation systems capital improvements.
(M)Environmental restoration and pollution abatement in accordance with section 328.
(N)Control of noxious weeds and aquatic noxious weeds and establishment of native species in accordance with section 329.
(O)In accordance with all applicable Federal law (including regulations), participation in natural habitat and wetlands mitigation efforts relating to projects funded under this title, which may include participation in natural habitat and wetlands mitigation banks, contributions to statewide and regional efforts to conserve, restore, enhance, and create natural habitats and wetlands, and development of statewide and regional natural habitat and wetlands conservation and mitigation plans, including any such banks, efforts, and plans developed in accordance with applicable Federal law (including regulations), on the conditions that—
(i)contributions to those mitigation efforts may— (I)take place concurrent with or in advance of project construction; and (II)occur in advance of project construction only if the efforts are consistent with all applicable requirements of Federal law (including regulations) and State transportation planning processes; and
(ii)with respect to participation in a natural habitat or wetland mitigation effort relating to a project funded under this title that has an impact that occurs within the service area of a mitigation bank, preference is given, to the maximum extent practicable, to the use of the mitigation bank if the bank contains sufficient available credits to offset the impact and the bank is approved in accordance with applicable Federal law (including regulations).
(P)Replacement (including replacement with fill material), rehabilitation, preservation, and protection (including scour countermeasures, seismic retrofits, impact protection measures, security countermeasures, and protection against extreme events) of bridges on Federal-aid highways (other than on the National Highway System).
(e)Limitation on new capacity
(1)In generalExcept as provided in paragraph (2), the maximum amount that a State may obligate under this section for projects under subparagraphs (G) and (P) of subsection (d)(2) and that is attributable to the portion of the cost of any project undertaken to expand the capacity of eligible facilities on the National Highway System, in a case in which the new capacity consists of 1 or more new travel lanes that are not high-occupancy vehicle lanes, shall not, in total, exceed 40 percent of the combined apportionments of a State under section 104(b)(1) for the most recent 3 consecutive years.
(2)ExceptionParagraph (1) shall not apply to a project for the construction of auxiliary lanes and turning lanes or widening of a bridge during rehabilitation or replacement to meet current geometric, construction, and structural standards for the types and volumes of projected traffic over the design life of the project.
(f)State performance management
(1)In generalA State shall develop a risk-based asset management plan for the National Highway System to improve or preserve asset condition and system performance.
(2)Performance driven planA State asset management plan shall include strategies leading to a program of projects that would make progress toward achievement of the State targets for asset condition and performance of the National Highway System in accordance with paragraph (5) and supporting the progress toward the achievement of the national goals identified in section 150.
(3)Plan contentsA State asset management plan shall, at a minimum, be in a form that the Secretary determines to be appropriate and include—
(A)a summary listing of the pavement and bridge assets on the National Highway System in the State, including a description of the condition of those assets;
(B)asset management objectives and measures;
(C)performance gap identification;
(D)lifecycle cost and risk management analysis;
(E)a financial plan; and
(F)investment strategies.
(4)Standards and measures
(A)In generalSubject to subparagraph (B), not later than 18 months after the date of enactment of the MAP–21, the Secretary shall, in consultation with State departments of transportation and other stakeholders, establish—
(i)minimum standards for States to use in developing and operating pavement management systems and bridge management systems;
(ii)measures for States to use to assess— (I)the condition of pavements on the Interstate system; (II)the condition of pavements on the National Highway System (excluding the Interstate); (III)the condition of bridges on the National Highway System; (IV)the performance of the Interstate System; and (V)the performance of the National Highway System (excluding the Interstate System);
(iii)the data elements that are necessary to collect and maintain data, and a standardized process for collection and sharing of data with appropriate governmental entities at the Federal, State, and local levels (including metropolitan planning organizations), to carry out paragraph (5); and
(iv)minimum levels for— (I)the condition of pavement on the Interstate System; and (II)the condition of bridges on the National Highway System.
(B)State participationIn carrying out subparagraph (A), the Secretary shall—
(i)provide States not less than 90 days to comment on any regulation proposed by the Secretary under that subparagraph; and
(ii)take into consideration any comments of the States relating to a proposed regulation received during that comment period.
(5)State performance targets
(A)Establishment of targetsNot later than 1 year after the date on which the Secretary promulgates final regulations under paragraph (4), each State, in consultation with metropolitan planning organizations, shall establish targets that address each of the performance measures identified in paragraph (4)(A)(ii).
(B)Periodic updatesEach State shall periodically update the targets established under subparagraph (A).
(6)Requirement for planTo obligate funding apportioned under section 104(b)(1), each State shall have in effect—
(A)a risk-based asset management plan for the National Highway System in accordance with this section, developed through a process defined and approved by the Secretary; and
(B)State targets that address the performance measures identified in paragraph (4)(B).
(7)Certification of plan development process
(A)In generalNot later than 90 days after the date on which a State submits a request for approval of the process used by the State to develop the State asset management plan for the National Highway System, the Secretary shall—
(i)review the process; and
(ii)(I)certify that the process meets the requirements established by the Secretary; or (II)deny certification and specify actions necessary for the State to take to correct deficiencies in the State process.
(B)RecertificationNot less often than every 4 years, the Secretary shall review and recertify that the process used by a State to develop and maintain the State asset management plan for the National Highway System meets the requirements for the process, as established by the Secretary.
(C)Opportunity to cureIf the Secretary denies certification under subparagraph (A), the Secretary shall provide the State with—
(i)not less than 90 days to cure the deficiencies of the plan, during which time period all penalties and other legal impacts of a denial of certification shall be stayed; and
(ii)a written statement of the specific actions the Secretary determines to be necessary for the State to cure the plan.
(8)Performance reports
(A)In generalNot later than 4 years after the date of enactment of the MAP–21 and biennially thereafter, a State shall submit to the Secretary a report that describes—
(i)the condition and performance of the National Highway System in the State;
(ii)progress in achieving State targets for each of the performance measures for the National Highway System; and
(iii)the effectiveness of the investment strategy documented in the State asset management plan for the National Highway System.
(B)Failure to achieve targetsA State that does not achieve or make significant progress toward achieving the targets of the State for performance measures described in subparagraph (A)(ii) for 2 consecutive reports submitted under this paragraph shall include in the next report submitted a description of the actions the State will undertake to achieve the targets.
(9)ProcessNot later than 18 months after the date of enactment of the MAP–21, the Secretary shall, by regulation and in consultation with State departments of transportation, establish the process to develop the State asset management plan described in paragraph (1) and establish the standards and measures described in paragraph (4).
(g)Interstate system and NHS bridge conditions
(1)Condition of Interstate System
(A)PenaltyIf, during 2 consecutive reporting periods, the condition of the Interstate System, excluding bridges on the Interstate System, in a State falls below the minimum condition level established by the Secretary under subsection (f)(4)(A)(iv), the State shall be required, during the following fiscal year—
(i)to obligate, from the amounts apportioned to the State under section 104(b)(1), an amount that is not less than the amount of funds apportioned to the State for fiscal year 2009 under the Interstate maintenance program for the purposes described in this section (as in effect on the day before the date of enactment of the MAP–21), except that for each year after fiscal year 2013, the amount required to be obligated under this clause shall be increased by 2 percent over the amount required to be obligated in the previous fiscal year; and
(ii)to transfer, from the amounts apportioned to the State under section 104(b)(2) (other than amounts suballocated to metropolitan areas and other areas of the State under section 133(d)) to the apportionment of the State under section 104(b)(1), an amount equal to 10 percent of the amount of funds apportioned to the State for fiscal year 2009 under the Interstate maintenance program for the purposes described in this section (as in effect on the day before the date of enactment of the MAP–21).
(B)RestorationThe obligation requirement for the Interstate System in a State required by subparagraph (A) for a fiscal year shall remain in effect for each subsequent fiscal year until such time as the condition of the Interstate System in the State exceeds the minimum condition level established by the Secretary under subsection (f)(4)(A)(iv).
(2)Condition of NHS bridges
(A)PenaltyIf, during 2 consecutive reporting periods, the condition of bridges on the National Highway System in a State falls below the minimum condition level established by the Secretary under subsection (f)(4)(A)(iv), the State shall be required, during the following fiscal year—
(i)to obligate, from the amounts apportioned to the State under section 104(b)(1), an amount for bridges on the National Highway System that is not less than 50 percent of the amount of funds apportioned to the State for fiscal year 2009 under the highway bridge program for the purposes described in section 144 (as in effect on the day before the date of enactment of the MAP–21), except that for each year after fiscal year 2013, the amount required to be obligated under this clause shall be increased by 2 percent over the amount required to be obligated in the previous fiscal year; and
(ii)to transfer, from the amounts apportioned to the State under section 104(b)(2) (other than amounts suballocated to metropolitan areas and other areas of the State under section 133(d)) to the apportionment of the State under section 104(b)(1), an amount equal to 10 percent of the amount of funds apportioned to the State for fiscal year 2009 under the highway bridge program for the purposes described in section 144 (as in effect on the day before the date of enactment of the MAP–21).
(B)RestorationThe obligation requirement for bridges on the National Highway System in a State required by subparagraph (A) for a fiscal year shall remain in effect for each subsequent fiscal year until such time as the condition of bridges on the National Highway System in the State exceeds the minimum condition level established by the Secretary under subsection (f)(4)(A)(iv).
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(b)Transition period
(1)In generalExcept as provided in paragraph (2), until such date as a State has in effect an approved asset management plan and has established performance targets as described in section 119 of title 23, United States Code, that will contribute to achieving the national goals for the condition and performance of the National Highway System, but not later than 18 months after the date on which the Secretary promulgates final regulations required under section 119(f)(4) of that title, the Secretary shall approve obligations of funds apportioned to a State to carry out the national highway performance program under section 119 of that title, for projects that otherwise meet the requirements of that section.
(2)ExtensionThe Secretary may extend the transition period for a State under paragraph (1) if the Secretary determines that the State has made a good faith effort to establish an asset management plan and performance targets referred to in that paragraph.
(c)Conforming amendmentThe analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 119 and inserting the following:
119. National highway performance program.
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1107.Emergency reliefSection 125 of title 23, United States Code, is amended to read as follows:
125.Emergency relief
(a)In generalSubject to this section and section 120, an emergency fund is authorized for expenditure by the Secretary for the repair or reconstruction of highways, roads, and trails, in any area of the United States, including Indian reservations, that the Secretary finds have suffered serious damage as a result of—
(1)a natural disaster over a wide area, such as by a flood, hurricane, tidal wave, earthquake, severe storm, or landslide; or
(2)catastrophic failure from any external cause.
(b)Restriction on eligibility
(1)Definition of construction phaseIn 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)RestrictionIn no case shall funds be used under this section for the repair or reconstruction of a bridge—
(A)that has been permanently closed to all vehicular traffic by the State or responsible local official because of imminent danger of collapse due to a structural deficiency or physical deterioration; or
(B)if a construction phase of a replacement structure is included in the approved Statewide transportation improvement program at the time of an event described in subsection (a).
(c)Funding
(1)In generalSubject to the limitations described in paragraph (2), there are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) such sums as are necessary to establish the fund authorized by this section and to replenish that fund on an annual basis.
(2)LimitationsThe limitations referred to in paragraph (1) are that—
(A)not more than $100,000,000 is authorized to be obligated in any 1 fiscal year commencing after September 30, 1980, to carry out this section, except that, if for any fiscal year the total of all obligations under this section is less than the amount authorized to be obligated for the fiscal year, the unobligated balance of that amount shall—
(i)remain available until expended; and
(ii)be in addition to amounts otherwise available to carry out this section for each year; and
(B)
(i)pending such appropriation or replenishment, the Secretary may obligate from any funds appropriated at any time for obligation in accordance with this title, including existing Federal-aid appropriations, such sums as are necessary for the immediate prosecution of the work herein authorized; and
(ii)funds obligated under this subparagraph shall be reimbursed from the appropriation or replenishment.
(d)Eligibility
(1)In generalThe Secretary may expend funds from the emergency fund authorized by this section only for the repair or reconstruction of highways on Federal-aid highways in accordance with this chapter, except that—
(A)no funds shall be so expended unless an emergency has been declared by the Governor of the State with concurrence by the Secretary, unless the President has declared the emergency to be a major disaster for the purposes of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) for which concurrence of the Secretary is not required; and
(B)the Secretary has received an application from the State transportation department that includes a comprehensive list of all eligible project sites and repair costs by not later than 2 years after the natural disaster or catastrophic failure.
(2)Cost limitation
(A)Definition of comparable facilityIn this paragraph, the term comparable facility means a facility that meets the current geometric and construction standards required for a facility of comparable capacity and character to the destroyed facility, except a bridge facility which may be constructed for the type and volume of traffic that the bridge will carry over its design life.
(B)LimitationThe total cost of a project funded under this section may not exceed the cost of repair or reconstruction of a comparable facility.
(3)TerritoriesThe 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.
(4)Substitute trafficNotwithstanding any other provision of this section, actual and necessary costs of maintenance and operation of ferryboats or additional transit service providing temporary substitute highway traffic service, less the amount of fares charged for comparable service, may be expended from the emergency fund authorized by this section for Federal-aid highways.
(e)Tribal transportation facilities, Federal lands transportation facilities, and public roads on federal lands
(1)Definition of open to public travelIn this subsection, the term open to public travel means, with respect to a road, that, except during scheduled periods, extreme weather conditions, or emergencies, the road is open to the general public for use with a standard passenger vehicle, without restrictive gates or prohibitive signs or regulations, other than for general traffic control or restrictions based on size, weight, or class of registration.
(2)Expenditure of fundsNotwithstanding subsection (d)(1), the Secretary may expend funds from the emergency fund authorized by this section, independently or in cooperation with any other branch of the Federal Government, a State agency, a tribal government, an organization, or a person, for the repair or reconstruction of tribal transportation facilities, Federal lands transportation facilities, and other federally owned roads that are open to public travel, whether or not those facilities are Federal-aid highways.
(3)Reimbursement
(A)In generalThe Secretary may reimburse Federal and State agencies (including political subdivisions) for expenditures made for projects determined eligible under this section, including expenditures for emergency repairs made before a determination of eligibility.
(B)TransfersWith respect to reimbursements described in subparagraph (A)—
(i)those reimbursements to Federal agencies and Indian tribal governments shall be transferred to the account from which the expenditure was made, or to a similar account that remains available for obligation; and
(ii)the budget authority associated with the expenditure shall be restored to the agency from which the authority was derived and shall be available for obligation until the end of the fiscal year following the year in which the transfer occurs.
(f)Treatment of territoriesFor purposes of this section, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands shall be considered to be States and parts of the United States, and the chief executive officer of each such territory shall be considered to be a Governor of a State.
(g)Protecting public safety and maintaining roadwaysThe Secretary may use amounts from the emergency fund authorized by this section to carry out projects that the Secretary determines are necessary to protect public safety or to maintain or protect roadways that have been included within the scope of a prior emergency declaration in order to maintain the continuation of roadway services on roads that are threatened by continuous or frequent flooding.
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1108.Transportation mobility program
(a)In generalSection 133 of title 23, United States Code, is amended to read as follows:
133.Transportation mobility program
(a)EstablishmentThe Secretary shall establish and implement a transportation mobility program under this section.
(b)PurposeThe purpose of the transportation mobility program shall be to assist States and localities in improving the conditions and performance on Federal-aid highways and on bridges on any public road.
(c)Eligible projectsFunds apportioned under section 104(b)(2) to carry out the transportation mobility program may be obligated for any of following purposes:
(1)Construction, reconstruction, rehabilitation, resurfacing, restoration, preservation, or operational improvements for highways, including construction of designated routes of the Appalachian development highway system and local access roads under section 14501 of title 40, United States Code.
(2)Replacement (including replacement with fill material), rehabilitation, preservation, protection (including painting, scour countermeasures, seismic retrofits, impact protection measures, security countermeasures, and protection against extreme events) and application of calcium magnesium acetate, sodium acetate/formate, or other environmentally acceptable, minimally corrosive anti-icing and deicing compositions for bridges (and approaches to bridges and other elevated structures) and tunnels on public roads of all functional classifications, including any such construction or reconstruction necessary to accommodate other transportation modes.
(3)Construction of a new bridge or tunnel on a new location on a highway, including any such construction necessary to accommodate other transportation modes.
(4)Inspection and evaluation (within the meaning of section 144) of bridges and tunnels on public roads of all functional classifications and inspection and evaluation of other highway infrastructure assets, including signs and sign structures, retaining walls, and drainage structures.
(5)Training of bridge and tunnel inspectors (within the meaning of section 144).
(6)Capital costs for transit projects eligible for assistance under chapter 53 of title 49, including vehicles and facilities, whether publicly or privately owned, that are used to provide intercity passenger service by bus.
(7)Carpool projects, fringe and corridor parking facilities and programs, including electric vehicle infrastructure in accordance with section 137, bicycle transportation and pedestrian walkways in accordance with section 217, and the modification of public sidewalks to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
(8)Highway and transit safety infrastructure improvements and programs, installation of safety barriers and nets on bridges, hazard eliminations, projects to mitigate hazards caused by wildlife, and railway-highway grade crossings.
(9)Highway and transit research and development and technology transfer programs.
(10)Capital and operating costs for traffic and traveler information monitoring, management, and control facilities and programs, including truck stop electrification systems.
(11)Projects and strategies designed to support congestion pricing, including electronic toll collection and travel demand management strategies and programs.
(12)Surface transportation planning.
(13)Transportation enhancement activities.
(14)Recreational trails projects eligible for funding under section 206.
(15)Construction of ferry boats and ferry terminal facilities eligible for funding under section 129(c).
(16)Border infrastructure projects eligible for funding under section 1303 of the SAFETEA–LU (Public Law 109–59).
(17)Projects, programs, and technical assistance associated with National Scenic Byways, All-American Roads, and America’s Byways eligible for funding under section 162.
(18)Truck parking facilities eligible for funding under section 1401 of the MAP–21.
(19)Safe routes to school projects eligible for funding under section 1404 of the SAFETEA–LU (23 U.S.C. 402 note; Public Law 109–59).
(20)Transportation control measures described in section 108(f)(1)(A) of the Clean Air Act (42 U.S.C. 7408(f)(1)(A)), other than section 108(f)(1)(A)(xvi) of that Act.
(21)Development and implementation of a State asset management plan for the National Highway System in accordance with section 119, including data collection, maintenance, and integration and the costs associated with obtaining, updating, and licensing software and equipment required for risk-based asset management and performance-based management, and for similar activities relating to the development and implementation of a performance-based management program for other public roads.
(22)In accordance with all applicable Federal law (including regulations), participation in natural habitat and wetlands mitigation efforts relating to projects funded under this title, which may include participation in natural habitat and wetlands mitigation banks, contributions to statewide and regional efforts to conserve, restore, enhance, and create natural habitats and wetlands, and development of statewide and regional natural habitat and wetlands conservation and mitigation plans, including any such banks, efforts, and plans developed in accordance with applicable Federal law (including regulations), on the conditions that—
(A)contributions to those mitigation efforts may—
(i)take place concurrent with or in advance of project construction; and
(ii)occur in advance of project construction only if the efforts are consistent with all applicable requirements of Federal law (including regulations) and State transportation planning processes; and
(B)with respect to participation in a natural habitat or wetland mitigation effort relating to a project funded under this title that has an impact that occurs within the service area of a mitigation bank, preference is given, to the maximum extent practicable, to the use of the mitigation bank if the bank contains sufficient available credits to offset the impact and the bank is approved in accordance with applicable Federal law (including regulations).
(23)Infrastructure-based intelligent transportation systems capital improvements.
(24)Environmental restoration and pollution abatement in accordance with section 328.
(25)Control of noxious weeds and aquatic noxious weeds and establishment of native species in accordance with section 329.
(26)Improvements to a freight railroad, marine highway, or intermodal facility, but only to the extent that the Secretary concurs with the State that—
(A)the project will make significant improvement to freight movements on the national freight network;
(B)the public benefit of the project exceeds the Federal investment; and
(C)the project provides a better return than a highway project on a segment of the primary freight network, except that a State may not obligate in excess of 5 percent of funds apportioned to the State under section 104(b)(2) to carry out this section for that purpose.
(27)Maintenance of and improvements to all public roads, including non-State-owned public roads and roads on tribal land—
(A)that are located within 10 miles of the international border between the United States and Canada or Mexico; and
(B)on which federally owned vehicles comprise more than 50 percent of the traffic.
(28)Construction, reconstruction, resurfacing, restoration, rehabilitation, and preservation of, and operational improvements for, any public road if—
(A)the public road, and the highway project to be carried out with respect to the public road, are in the same corridor as, and in proximity to—
(i)a fully access-controlled highway designated as a part of the National Highway System; or
(ii)in areas with a population of less than 200,000, a federal-aid highway designated as part of the National Highway System;
(B)the construction or improvements will enhance the level of service on the highway described in subparagraph (A) and improve regional traffic flow; and
(C)the construction or improvements are more cost-effective, as determined by benefit-cost analysis, than an improvement to the highway described in subparagraph (A).
(d)Allocations of apportioned funds to areas based on population
(1)CalculationOf the funds apportioned to a State under section 104(b)(2)—
(A)50 percent for a fiscal year shall be obligated under this section, in proportion to their relative shares of the population of the State—
(i)in urbanized areas of the State with an urbanized area population of over 200,000;
(ii)in areas of the State other than urban areas with a population greater than 5,000; and
(iii)in other areas of the State; and
(B)50 percent may be obligated in any area of the State.
(2)Metropolitan areasFunds attributed to an urbanized area under subparagraph (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 generalExcept as provided in subparagraph (B), the amount of funds that a State is required to obligate under paragraph (1)(A)(i) shall be obligated in urbanized areas described in paragraph (1)(A)(i) based on the relative population of the areas.
(B)Other factorsThe State may obligate the funds described in subparagraph (A) based on other factors if the State and the relevant metropolitan planning organizations jointly apply to the Secretary for the permission to base the obligation on other factors and the Secretary grants the request.
(e)Location of projectsExcept as provided in subsection (g) and for projects described in paragraphs (2), (4), (7), (8), (13), (14), and (19) of subsection (c), for local access roads under section 14501 of title 40, United States Code, transportation mobility program projects may not be undertaken on roads functionally classified as local or rural minor collectors.
(f)Applicability of planning requirementsProgramming and expenditure of funds for projects under this section shall be consistent with sections 134 and 135.
(g)Bridges not on Federal-aid highways
(1)Definition of off-system bridgeThe term off-system bridge means a highway bridge located on a public road, other than a bridge on a Federal-aid highway.
(2)Special rule
(A)Set-asideOf the amounts apportioned to a State for fiscal year 2012 and each fiscal year thereafter under this section, the State shall obligate for activities described in subsection (c)(2) for off-system bridges an amount that is not less than 15 percent of the amount of funds apportioned to the State for the highway bridge program for fiscal year 2009.
(B)Reduction of expendituresThe Secretary, after consultation with State and local officials, may reduce the requirement for expenditures for off-system bridges under subparagraph (A) with respect to the State if the Secretary determines that the State has inadequate needs to justify the expenditure.
(3)Credit for bridges not on Federal-aid highwaysNotwithstanding any other provision of law, with respect to any project not on a Federal-aid highway for the replacement of a bridge or rehabilitation of a bridge that is wholly funded from State and local sources, is eligible for Federal funds under this section, is noncontroversial, is certified by the State to have been carried out in accordance with all standards applicable to such projects under this section, and is determined by the Secretary upon completion to be no longer a deficient bridge—
(A)any amount expended after the date of enactment of this subsection from State and local sources for the project in excess of 20 percent of the cost of construction of the project may be credited to the non-Federal share of the cost of other bridge projects in the State that are eligible for Federal funds under this section; and
(B)that crediting shall be conducted in accordance with procedures established by the Secretary.
(h)Administration
(1)Submission of project agreementFor each fiscal year, each State shall submit a project agreement that—
(A)certifies that the State will meet all the requirements of this section; and
(B)notifies the Secretary of the amount of obligations needed to carry out the program under this section.
(2)Request for adjustments of amountsEach State shall request from the Secretary such adjustments to the amount of obligations referred to in paragraph (1)(B) as the State determines to be necessary.
(3)Effect of approval by the SecretaryApproval by the Secretary of a project agreement under paragraph (1) shall be deemed a contractual obligation of the United States to pay transportation mobility program funds made available under this title.
(i)Obligation authority
(1)In generalA 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 fiscal year an amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs for use in the area that is equal to the product obtained by multiplying—
(A)the aggregate amount of funds that the State is required to obligate in the area under subsection (d) during the period; and
(B)the ratio that—
(i)the aggregate amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs during the period; bears to
(ii)the total of the sums apportioned to the State for Federal-aid highways and highway safety construction programs (excluding sums not subject to an obligation limitation) during the period.
(2)Joint responsibilityEach State, each affected metropolitan planning organization, and the Secretary shall jointly ensure compliance with paragraph (1).
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(b)Conforming amendmentThe analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 133 and inserting the following:
133. Transportation mobility program.
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1109.Workforce development
(a)On-the-job trainingSection 140(b) of title 23, United States Code, is amended—
(1)by striking Whenever apportionments are made under section 104(b)(3), and inserting From administrative funds made available under section 104(a),; and
(2)by striking the surface transportation program under section 104(b) and the bridge program under section 144 and inserting the transportation mobility program under section 104(b).
(b)Disadvantaged business enterpriseSection 140(c) of title 23, United States Code, is amended by striking Whenever apportionments are made under section 104(b)(3), and inserting From administrative funds made available under section 104(a),.
1110.Highway use tax evasion projectsSection 143 of title 23, United States Code, is amended—
(1)in subsection (b)—
(A)by striking paragraph (2) and inserting the following:
(2)Funding
(A)In generalFrom administrative funds made available under section 104(a), the Secretary shall deduct such sums as are necessary, not to exceed $10,000,000 for each of fiscal years 2012 and 2013, to carry out this section.
(B)Allocation of fundsFunds made available to carry out this section may be allocated to the Internal Revenue Service and the States at the discretion of the Secretary, except that of funds so made available for each fiscal year, $2,000,000 shall be available only to carry out intergovernmental enforcement efforts, including research and training.
; and
(B)in paragraph (8)—
(i)in the paragraph heading by striking surface transportation program and inserting transportation mobility program; and
(ii)by striking section 104(b)(3) and inserting section 104(b)(2); and
(2)in subsection (c)(3) by striking for each of fiscal years 2005 through 2009, and inserting for each fiscal year,.
1111.National bridge and tunnel inventory and inspection standards
(a)In generalSection 144 of title 23, United States Code, is amended to read as follows:
144.National bridge and tunnel inventory and inspection standards
(a)Findings and declarations
(1)FindingsCongress finds that—
(A)the condition of the bridges of the United States has improved since the date of enactment of the Transportation Equity Act for the 21st Century (Public Law 105–178; 112 Stat. 107), yet continued improvement to bridge conditions is essential to protect the safety of the traveling public and allow for the efficient movement of people and goods on which the economy of the United States relies; and
(B)the systematic preventative maintenance of bridges, and replacement and rehabilitation of deficient bridges, should be undertaken through an overall asset management approach to transportation investment.
(2)DeclarationsCongress declares that it is in the vital interest of the United States—
(A)to inventory, inspect, and improve the condition of the highway bridges and tunnels of the United States;
(B)to use a data-driven, risk-based approach and cost-effective strategy for systematic preventative maintenance, replacement, and rehabilitation of highway bridges and tunnels to ensure safety and extended service life;
(C)to use performance-based bridge management systems to assist States in making timely investments;
(D)to ensure accountability and link performance outcomes to investment decisions; and
(E)to ensure connectivity and access for residents of rural areas of the United States through strategic investments in National Highway System bridges and bridges on all public roads.
(b)National bridge and tunnel inventories
(1)In generalThe Secretary, in consultation with the States, shall—
(A)inventory all highway bridges on public roads that are bridges over waterways, other topographical barriers, other highways, and railroads;
(B)classify the bridges according to serviceability, safety, and essentiality for public use, including the potential impacts to emergency evacuation routes and to regional and national freight and passenger mobility if the serviceability of the bridge is restricted or diminished; and
(C)based on that classification, assign each a risk-based priority for systematic preventative maintenance, replacement, or rehabilitation.
(2)Tribally owned and federally owned bridgesAs part of the activities carried out under paragraph (1), the Secretary, in consultation with the Secretaries of appropriate Federal agencies, shall—
(A)inventory all tribally owned and Federally owned highway bridges that are open to the public, over waterways, other topographical barriers, other highways, and railroads;
(B)classify the bridges according to serviceability, safety, and essentiality for public use; and
(C)based on the classification, assign each a risk-based priority for systematic preventative maintenance, replacement, or rehabilitation.
(3)TunnelsThe Secretary shall establish a national inventory of highway tunnels reflecting the findings of the most recent highway tunnel inspections conducted by States under this section.
(c)General bridge authority
(1)In generalExcept as provided in paragraph (2) and notwithstanding any other provision of law, the General Bridge Act of 1946 (33 U.S.C. 525 et seq.) shall apply to bridges authorized to be replaced, in whole or in part, by this title.
(2)ExceptionSection 502(b) of the General Bridge Act of 1946 (33 U.S.C. 525(b)) and section 9 of the Act of March 3, 1899 (33 U.S.C. 401), shall not apply to any bridge constructed, reconstructed, rehabilitated, or replaced with assistance under this title, if the bridge is over waters that—
(A)are not used and are not susceptible to use in the natural condition of the bridge or by reasonable improvement as a means to transport interstate or foreign commerce; and
(B)are—
(i)not tidal; or
(ii)if tidal, used only by recreational boating, fishing, and other small vessels that are less than 21 feet in length.
(d)Inventory updates and reports
(1)In generalThe Secretary shall—
(A)annually revise the inventories authorized by subsection (b); and
(B)submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the inventories.
(2)Inspection reportNot later than 1 year after the date of enactment of the MAP–21, each State and appropriate Federal agency shall report element level data to the Secretary, as each bridge is inspected pursuant to this section, for all highway bridges on the National Highway System.
(3)GuidanceThe Secretary shall provide guidance to States and Federal agencies for implementation of this subsection, while respecting the existing inspection schedule of each State.
(4)Bridges not on national highway systemThe Secretary shall—
(A)conduct a study on the benefits, cost-effectiveness, and feasibility of requiring element-level data collection for bridges not on the National Highway System; and
(B)submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the results of the study.
(e)Bridges without taxing powers
(1)In generalNotwithstanding any other provision of law, any bridge that is owned and operated by an agency that does not have taxing powers and whose functions include operating a federally assisted public transit system subsidized by toll revenues shall be eligible for assistance under this title, but the amount of such assistance shall in no event exceed the cumulative amount which such agency has expended for capital and operating costs to subsidize such transit system.
(2)Insufficient assetsBefore authorizing an expenditure of funds under this subsection, the Secretary shall determine that the applicant agency has insufficient reserves, surpluses, and projected revenues (over and above those required for bridge and transit capital and operating costs) to fund the bridge project or activity eligible for assistance under this title.
(3)Crediting of non-Federal fundsAny non-Federal funds expended for the seismic retrofit of the bridge may be credited toward the non-Federal share required as a condition of receipt of any Federal funds for seismic retrofit of the bridge made available after the date of the expenditure.
(f)Replacement of destroyed bridges and ferry boat service
(1)In generalNotwithstanding any other provision of law, a State may use the funds apportioned under section 104(b)(2) to construct any bridge that replaces—
(A)any low water crossing (regardless of the length of the low water crossing);
(B)any bridge that was destroyed prior to January 1, 1965;
(C)any ferry that was in existence on January 1, 1984; or
(D)any road bridge that is rendered obsolete as a result of a Corps of Engineers flood control or channelization project and is not rebuilt with funds from the Corps of Engineers.
(2)Federal shareThe Federal share payable on any bridge construction carried out under paragraph (1) shall be 80 percent of the cost of the construction.
(g)Historic bridges
(1)Definition of historic bridgeIn this subsection, the term historic bridge means any bridge that is listed on, or eligible for listing on, the National Register of Historic Places.
(2)CoordinationThe Secretary shall, in cooperation with the States, encourage the retention, rehabilitation, adaptive reuse, and future study of historic bridges.
(3)State inventoryThe Secretary shall require each State to complete an inventory of all bridges on and off Federal-aid highways to determine the historic significance of the bridges.
(4)Eligibility
(A)In generalSubject to subparagraph (B), reasonable costs associated with actions to preserve, or reduce the impact of a project under this chapter on, the historic integrity of a historic bridge shall be eligible as reimbursable project costs under section 133 if the load capacity and safety features of the historic bridge are adequate to serve the intended use for the life of the historic bridge.
(B)Bridges not used for vehicle trafficIn the case of a historic bridge that is no longer used for motorized vehicular traffic, the costs eligible as reimbursable project costs pursuant to this chapter shall not exceed the estimated cost of demolition of the historic bridge.
(5)PreservationAny State that proposes to demolish a historic bridge for a replacement project with funds made available to carry out this section shall first make the historic bridge available for donation to a State, locality, or responsible private entity if the State, locality, or responsible entity enters into an agreement—
(A)to maintain the bridge and the features that give the historic bridge its historic significance; and
(B)to assume all future legal and financial responsibility for the historic bridge, which may include an agreement to hold the State transportation department harmless in any liability action.
(6)Costs incurred
(A)In generalCosts incurred by the State to preserve a historic bridge (including funds made available to the State, locality, or private entity to enable it to accept the bridge) shall be eligible as reimbursable project costs under this chapter in an amount not to exceed the cost of demolition.
(B)Additional fundingAny bridge preserved pursuant to this paragraph shall not be eligible for any other funds authorized pursuant to this title.
(h)National bridge and tunnel inspection standards
(1)Requirement
(A)In generalThe Secretary shall establish and maintain inspection standards for the proper inspection and evaluation of all highway bridges and tunnels for safety and serviceability.
(B)UniformityThe standards under this subsection shall be designed to ensure uniformity of the inspections and evaluations.
(2)Minimum requirements of inspection standardsThe standards established under paragraph (1) shall, at a minimum—
(A)specify, in detail, the method by which the inspections shall be carried out by the States, Federal agencies, and tribal governments;
(B)establish the maximum time period between inspections;
(C)establish the qualifications for those charged with carrying out the inspections;
(D)require each State, Federal agency, and tribal government to maintain and make available to the Secretary on request—
(i)written reports on the results of highway bridge and tunnel inspections and notations of any action taken pursuant to the findings of the inspections; and
(ii)current inventory data for all highway bridges and tunnels reflecting the findings of the most recent highway bridge and tunnel inspections conducted; and
(E)establish a procedure for national certification of highway bridge inspectors and tunnel inspectors.
(3)State compliance with inspection standardsThe Secretary shall, at a minimum—
(A)establish, in consultation with the States, and interested and knowledgeable private organizations and individuals, procedures to conduct reviews of State compliance with—
(i)the standards established under this subsection; and
(ii)the calculation or reevaluation of bridge load ratings; and
(B)establish, in consultation with the States, and interested and knowledgeable private organizations and individuals, procedures for States to follow in reporting to the Secretary—
(i)critical findings relating to structural or safety-related deficiencies of highway bridges; and
(ii)monitoring activities and corrective actions taken in response to a critical finding.
(4)Reviews of State compliance
(A)In generalThe Secretary shall annually review State compliance with the standards established under this section.
(B)NoncomplianceIf an annual review in accordance with subparagraph (A) identifies noncompliance by a State, the Secretary shall—
(i)issue a report detailing the issues of the noncompliance by December 31 of the calendar year in which the review was made; and
(ii)provide the State an opportunity to address the noncompliance by— (I)developing a corrective action plan to remedy the noncompliance; or (II)resolving the issues of noncompliance not later than 45 days after the date of notification.
(5)Penalty for noncompliance
(A)In generalIf a State fails to satisfy the requirements of paragraph (4)(B) by August 1 of the calendar year following the year of a finding of noncompliance, the Secretary shall, on October 1 of that year, and each year thereafter as may be necessary, require the State to dedicate funds apportioned to the State under sections 119 and 133 after the date of enactment of the MAP–21 to correct the noncompliance with the minimum inspection standards established under this subsection.
(B)AmountThe amount of the funds to be directed to correcting noncompliance in accordance with subparagraph (A) shall—
(i)be determined by the State based on an analysis of the actions needed to address the noncompliance; and
(ii)require approval by the Secretary.
(6)Update of standardsNot later than 3 years after the date of enactment of the MAP–21, the Secretary shall update inspection standards to cover—
(A)the methodology, training, and qualifications for inspectors; and
(B)the frequency of inspection.
(7)Risk-based approachIn carrying out the revisions required by paragraph (6), the Secretary shall consider a risk-based approach to determining the frequency of bridge inspections.
(i)Training program for bridge and tunnel inspectors
(1)In generalThe 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)RevisionsThe training program shall be revised from time to time to take into account new and improved techniques.
(j)Availability of fundsTo carry out this section, the Secretary may use funds made available under sections 104(a), 119, 133, and 503.
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(b)Conforming amendmentThe analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 144 and inserting the following:
144. National bridge and tunnel inventory and inspection standards.
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1112.Highway safety improvement programSection 148 of title 23, United States Code, is amended to read as follows:
148.Highway safety improvement program
(a)DefinitionsIn this section, the following definitions apply:
(1)High risk rural roadThe term high risk rural road means any roadway functionally classified as a rural major or minor collector or a rural local road with significant safety risks, as defined by a State in accordance with an updated State strategic highway safety plan.
(2)Highway basemapThe term highway basemap means a representation of all public roads that can be used to geolocate attribute data on a roadway.
(3)Highway safety improvement programThe term highway safety improvement program means projects, activities, plans, and reports carried out under this section.
(4)Highway safety improvement project
(A)In generalThe term highway safety improvement project means strategies, activities, and projects on a public road that are consistent with a State strategic highway safety plan and—
(i)correct or improve a hazardous road location or feature; or
(ii)address a highway safety problem.
(B)InclusionsThe term highway safety improvement project includes, but is not limited to, a project for 1 or more of the following:
(i)An intersection safety improvement.
(ii)Pavement and shoulder widening (including addition of a passing lane to remedy an unsafe condition).
(iii)Installation of rumble strips or another warning device, if the rumble strips or other warning devices do not adversely affect the safety or mobility of bicyclists and pedestrians, including persons with disabilities.
(iv)Installation of a skid-resistant surface at an intersection or other location with a high frequency of crashes.
(v)An improvement for pedestrian or bicyclist safety or safety of persons with disabilities.
(vi)Construction and improvement of a railway-highway grade crossing safety feature, including installation of protective devices.
(vii)The conduct of a model traffic enforcement activity at a railway-highway crossing.
(viii)Construction of a traffic calming feature.
(ix)Elimination of a roadside hazard.
(x)Installation, replacement, and other improvement of highway signage and pavement markings, or a project to maintain minimum levels of retroreflectivity, that addresses a highway safety problem consistent with a State strategic highway safety plan.
(xi)Installation of a priority control system for emergency vehicles at signalized intersections.
(xii)Installation of a traffic control or other warning device at a location with high crash potential.
(xiii)Transportation safety planning.
(xiv)Collection, analysis, and improvement of safety data.
(xv)Planning integrated interoperable emergency communications equipment, operational activities, or traffic enforcement activities (including police assistance) relating to work zone safety.
(xvi)Installation of guardrails, barriers (including barriers between construction work zones and traffic lanes for the safety of road users and workers), and crash attenuators.
(xvii)The addition or retrofitting of structures or other measures to eliminate or reduce crashes involving vehicles and wildlife.
(xviii)Installation of yellow-green signs and signals at pedestrian and bicycle crossings and in school zones.
(xix)Construction and operational improvements on high risk rural roads.
(xx)Geometric improvements to a road for safety purposes that improve safety.
(xxi)A road safety audit.
(xxii)Roadway safety infrastructure improvements consistent with the recommendations included in the publication of the Federal Highway Administration entitled Highway Design Handbook for Older Drivers and Pedestrians (FHWA–RD–01–103), dated May 2001 or as subsequently revised and updated.
(xxiii)Truck parking facilities eligible for funding under section 1401 of the MAP–21.
(xxiv)Systemic safety improvements.
(5)Model inventory of roadway elementsThe term model inventory of roadway elements means the listing and standardized coding by the Federal Highway Administration of roadway and traffic data elements critical to safety management, analysis, and decisionmaking.
(6)Project to maintain minimum levels of retroreflectivityThe term project to maintain minimum levels of retroreflectivity means a project that is designed to maintain a highway sign or pavement marking retroreflectivity at or above the minimum levels prescribed in Federal or State regulations.
(7)Road safety auditThe term road safety audit means a formal safety performance examination of an existing or future road or intersection by an independent multidisciplinary audit team.
(8)Road usersThe term road user means a motorist, passenger, public transportation operator or user, truck driver, bicyclist, motorcyclist, or pedestrian, including a person with disabilities.
(9)Safety data
(A)In generalThe term safety data means crash, roadway, and traffic data on a public road.
(B)InclusionThe term safety data includes, in the case of a railway-highway grade crossing, the characteristics of highway and train traffic, licensing, and vehicle data.
(10)Safety project under any other Section
(A)In generalThe 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)InclusionThe term safety project under any other section includes—
(i)a project consistent with the State strategic highway safety plan that promotes the awareness of the public and educates the public concerning highway safety matters (including motorcycle safety);
(ii)a project to enforce highway safety laws; and
(iii)a project to provide infrastructure and infrastructure-related equipment to support emergency services.
(11)State highway safety improvement programThe term State highway safety improvement program means a program of highway safety improvement projects, activities, plans and reports carried out as part of the Statewide transportation improvement program under section 135(g).
(12)State strategic highway safety planThe term State strategic highway safety plan means a comprehensive plan, based on safety data, developed by a State transportation department that—
(A)is developed after consultation with—
(i)a highway safety representative of the Governor of the State;
(ii)regional transportation planning organizations and metropolitan planning organizations, if any;
(iii)representatives of major modes of transportation;
(iv)State and local traffic enforcement officials;
(v)a highway-rail grade crossing safety representative of the Governor of the State;
(vi)representatives conducting a motor carrier safety program under section 31102, 31106, or 31309 of title 49;
(vii)motor vehicle administration agencies;
(viii)county transportation officials;
(ix)State representatives of nonmotorized users; and
(x)other major Federal, State, tribal, and local safety stakeholders;
(B)analyzes and makes effective use of State, regional, local, or tribal safety data;
(C)addresses engineering, management, operation, education, enforcement, and emergency services elements (including integrated, interoperable emergency communications) of highway safety as key factors in evaluating highway projects;
(D)considers safety needs of, and high-fatality segments of, all public roads, including non-State-owned public roads and roads on tribal land;
(E)considers the results of State, regional, or local transportation and highway safety planning processes;
(F)describes a program of strategies to reduce or eliminate safety hazards;
(G)is approved by the Governor of the State or a responsible State agency;
(H)is consistent with section 135(g); and
(I)is updated and submitted to the Secretary for approval as required under subsection (d)(2).
(13)Systemic safety improvementThe term systemic safety improvement means an improvement that is widely implemented based on high-risk roadway features that are correlated with particular crash types, rather than crash frequency.
(b)Program
(1)In generalThe Secretary shall carry out a highway safety improvement program.
(2)PurposeThe purpose of the highway safety improvement program shall be to achieve a significant reduction in traffic fatalities and serious injuries on all public roads, including non-State-owned public roads and roads on tribal land.
(c)Eligibility
(1)In generalTo obligate funds apportioned under section 104(b)(3) to carry out this section, a State shall have in effect a State highway safety improvement program under which the State—
(A)develops, implements, and updates a State strategic highway safety plan that identifies and analyzes highway safety problems and opportunities as provided in subsections (a)(12) and (d);
(B)produces a program of projects or strategies to reduce identified safety problems; and
(C)evaluates the strategic highway safety plan on a regularly recurring basis in accordance with subsection (d)(1) to ensure the accuracy of the data and priority of proposed strategies.
(2)Identification and analysis of highway safety problems and opportunitiesAs part of the State highway safety improvement program, a State shall—
(A)have in place a safety data system with the ability to perform safety problem identification and countermeasure analysis—
(i)to improve the timeliness, accuracy, completeness, uniformity, integration, and accessibility of the safety data on all public roads, including non-State-owned public roads and roads on tribal land in the State;
(ii)to evaluate the effectiveness of data improvement efforts;
(iii)to link State data systems, including traffic records, with other data systems within the State;
(iv)to improve the compatibility and interoperability of safety data with other State transportation-related data systems and the compatibility and interoperability of State safety data systems with data systems of other States and national data systems;
(v)to enhance the ability of the Secretary to observe and analyze national trends in crash occurrences, rates, outcomes, and circumstances; and
(vi)to improve the collection of data on nonmotorized crashes;
(B)based on the analysis required by subparagraph (A)—
(i)identify hazardous locations, sections, and elements (including roadside obstacles, railway-highway crossing needs, and unmarked or poorly marked roads) that constitute a danger to motorists (including motorcyclists), bicyclists, pedestrians, and other highway users;
(ii)using such criteria as the State determines to be appropriate, establish the relative severity of those locations, in terms of crashes (including crash rates), fatalities, serious injuries, traffic volume levels, and other relevant data;
(iii)identify the number of fatalities and serious injuries on all public roads by location in the State;
(iv)identify highway safety improvement projects on the basis of crash experience, crash potential, crash rate, or other data-supported means; and
(v)consider which projects maximize opportunities to advance safety;
(C)adopt strategic and performance-based goals that—
(i)address traffic safety, including behavioral and infrastructure problems and opportunities on all public roads;
(ii)focus resources on areas of greatest need; and
(iii)are coordinated with other State highway safety programs;
(D)advance the capabilities of the State for safety data collection, analysis, and integration in a manner that—
(i)complements the State highway safety program under chapter 4 and the commercial vehicle safety plan under section 31102 of title 49;
(ii)includes all public roads, including public non-State-owned roads and roads on tribal land;
(iii)identifies hazardous locations, sections, and elements on all public roads that constitute a danger to motorists (including motorcyclists), bicyclists, pedestrians, persons with disabilities, and other highway users;
(iv)includes a means of identifying the relative severity of hazardous locations described in clause (iii) in terms of crashes (including crash rate), serious injuries, fatalities, and traffic volume levels; and
(v)improves the ability of the State to identify the number of fatalities and serious injuries on all public roads in the State with a breakdown by functional classification and ownership in the State;
(E)
(i)determine priorities for the correction of hazardous road locations, sections, and elements (including railway-highway crossing improvements), as identified through safety data analysis;
(ii)identify opportunities for preventing the development of such hazardous conditions; and
(iii)establish and implement a schedule of highway safety improvement projects for hazard correction and hazard prevention; and
(F)
(i)establish an evaluation process to analyze and assess results achieved by highway safety improvement projects carried out in accordance with procedures and criteria established by this section; and
(ii)use the information obtained under clause (i) in setting priorities for highway safety improvement projects.
(d)Updates to strategic highway safety plans
(1)Establishment of requirements
(A)In generalNot later than 1 year after the date of enactment of the MAP–21, the Secretary shall establish requirements for regularly recurring State updates of strategic highway safety plans.
(B)Contents of updated strategic highway safety plansIn establishing requirements under this subsection, the Secretary shall ensure that States take into consideration, with respect to updated strategic highway safety plans—
(i)the findings of road safety audits;
(ii)the locations of fatalities and serious injuries;
(iii)the locations that do not have an empirical history of fatalities and serious injuries, but possess risk factors for potential crashes;
(iv)rural roads, including all public roads, commensurate with fatality data;
(v)motor vehicle crashes that include fatalities or serious injuries to pedestrians and bicyclists;
(vi)the cost-effectiveness of improvements;
(vii)improvements to rail-highway grade crossings; and
(viii)safety on all public roads, including non-State-owned public roads and roads on tribal land.
(2)Approval of updated strategic highway safety plans
(A)In generalEach State shall—
(i)update the strategic highway safety plans of the State in accordance with the requirements established by the Secretary under this subsection; and
(ii)submit the updated plans to the Secretary, along with a detailed description of the process used to update the plan.
(B)Requirements for approvalThe Secretary shall not approve the process for an updated strategic highway safety plan unless—
(i)the updated strategic highway safety plan is consistent with the requirements of this subsection and subsection (a)(12); and
(ii)the process used is consistent with the requirements of this subsection.
(3)Penalty for failure to have an approved updated strategic highway safety planIf a State does not have an updated strategic highway safety plan with a process approved by the Secretary by August 1 of the fiscal year beginning after the date of establishment of the requirements under paragraph (1)—
(A)the State shall not be eligible to receive any additional limitation pursuant to the redistribution of the limitation on obligations for Federal-aid highway and highway safety construction programs that occurs after August 1 for each succeeding fiscal year until the fiscal year during which the plan is approved; and
(B)the Secretary shall, on October 1 of each fiscal year thereafter, transfer from funds apportioned to the State under section 104(b)(2) (other than amounts suballocated to metropolitan areas and other areas of the State under section 133(d)) an amount equal to 10 percent of the funds so apportioned for the fiscal year for use under the highway safety improvement program under this section to the apportionment of the State under section 104(b)(3) until the fiscal year in which the plan is approved.
(e)Eligible projects
(1)In generalFunds apportioned to the State under section 104(b)(3) may be obligated to carry out—
(A)any highway safety improvement project on any public road or publicly owned bicycle or pedestrian pathway or trail; or
(B)as provided in subsection (f), other safety projects.
(2)Use of other funding for safety
(A)Effect of SectionNothing in this section prohibits the use of funds made available under other provisions of this title for highway safety improvement projects.
(B)Use of other fundsStates are encouraged to address the full scope of the safety needs and opportunities of the States by using funds made available under other provisions of this title (except a provision that specifically prohibits that use).
(f)Flexible funding for States with a strategic highway safety plan
(1)In generalTo further the implementation of a State strategic highway safety plan, a State may use up to 10 percent of the amount of funds apportioned to the State under section 104(b)(3) for a fiscal year to carry out safety projects under any other section as provided in the State strategic highway safety plan if the State certifies that—
(A)the State has met needs in the State relating to railway-highway crossings for the preceding fiscal year; and
(B)the funds are being used for the most effective projects to make progress toward achieving the safety performance targets of the State.
(2)Other transportation and highway safety plansNothing in this subsection requires a State to revise any State process, plan, or program in effect on the date of enactment of the MAP–21.
(g)Data improvement
(1)Definition of data improvement activitiesIn this subsection:
(A)In generalThe term data improvement activities means a project or activity to further the capacity of a State to make more informed and effective safety infrastructure investment decisions.
(B)InclusionsThe term data improvement activities includes a project or activity—
(i)to create, update, or enhance a highway basemap of all public roads in a State;
(ii)to collect safety data, including data identified as part of the model inventory of roadway elements, for creation of or use on a highway basemap of all public roads in a State;
(iii)to store and maintain safety data in an electronic manner;
(iv)to develop analytical processes for safety data elements;
(v)to acquire and implement roadway safety analysis tools; and
(vi)to support the collection, maintenance, and sharing of safety data on all public roads and related systems associated with the analytical usage of that data.
(2)ApportionmentOf the funds apportioned to a State under section 104(b)(3) for a fiscal year—
(A)not less than 8 percent of the funds apportioned for each of fiscal years 2012 through 2013 shall be available only for data improvement activities under this subsection; and
(B)not less than 4 percent of the funds apportioned for fiscal year 2014 and each fiscal year thereafter shall be available only for data improvement activities under this subsection.
(3)Special ruleA State may use funds apportioned to the State pursuant to this subsection for any project eligible under this section if the State demonstrates to the satisfaction of the Secretary that the State has met all of the State needs for data collection to support the State strategic highway safety plan and sufficiently addressed the data improvement activities described in paragraph (1).
(4)Model inventory of roadway elementsThe Secretary shall—
(A)establish a subset of the model inventory of roadway elements that are useful for the inventory of roadway safety; and
(B)ensure that States adopt and use the subset to improve data collection.
(h)Performance measures and targets for State highway safety improvement programs
(1)Establishment of performance measuresNot later than 1 year after the date of enactment of the MAP–21, the Secretary shall issue guidance to States on the establishment, collection, and reporting of performance measures that reflect—
(A)serious injuries and fatalities per vehicle mile traveled;
(B)serious injuries and fatalities per capita; and
(C)the number of serious injuries and fatalities
(2)Establishment of State performance targetsNot later than 1 year after the Secretary has issued guidance to States on the establishment, collection, and reporting of performance measures, each State shall set performance targets that reflect—
(A)serious injuries and fatalities per vehicle mile traveled;
(B)serious injuries and fatalities per capita; and
(C)the number of serious injuries and fatalities.
(i)Special rules
(1)High-risk rural road safetyIf the fatality rate on rural roads in a State increases over the most recent 2-year period for which data are available, that State shall be required to obligate in the next fiscal year for projects on high risk rural roads an amount equal to at least 200 percent of the amount of funds the State received for fiscal year 2009 for high risk rural roads under subsection (f) of this section, as in effect on the day before the date of enactment of the MAP–21.
(2)Rail-highway grade crossingsIf the average number of fatalities at rail-highway grade crossings in a State over the most recent 2-year period for which data are available increases over the average number of fatalities during the preceding 2-year period, that State shall be required to obligate in the next fiscal year for projects on rail-highway grade crossings an amount equal to 120 percent of the amount of funds the State received for fiscal year 2009 for rail-highway grade crossings under section 130(f) (as in effect on the day before the date of enactment of the MAP–21).
(3)Older driversIf traffic fatalities and serious injuries per capita for drivers and pedestrians over the age of 65 in a State increases during the most recent 2-year period for which data are available, that State shall be required to include, in the subsequent Strategic Highway Safety Plan of the State, strategies to address the increases in those rates, taking into account the recommendations included in the publication of the Federal Highway Administration entitled ‘Highway Design Handbook for Older Drivers and Pedestrians’ (FHWA–RD–01–103), and dated May 2001, or as subsequently revised and updated.
(j)Reports
(1)In generalA State shall submit to the Secretary a report that—
(A)describes the progress being made to achieve the performance targets established under subsection (h);
(B)describes progress being made to implement highway safety improvement projects under this section;
(C)assesses the effectiveness of those improvements; and
(D)describes the extent to which the improvements funded under this section have contributed to reducing—
(i)the number and rate of fatalities on all public roads with, to the maximum extent practicable, a breakdown by functional classification and ownership in the State;
(ii)the number and rate of serious injuries on all public roads with, to the maximum extent practicable, a breakdown by functional classification and ownership in the State; and
(iii)the occurrences of fatalities and serious injuries at railway-highway crossings.
(2)Contents; scheduleThe Secretary shall establish the content and schedule for the submission of the report under paragraph (1).
(3)TransparencyThe Secretary shall make strategic highway safety plans submitted under subsection (d) and reports submitted under this subsection available to the public through—
(A)the website of the Department; and
(B)such other means as the Secretary determines to be appropriate.
(4)Discovery and admission into evidence of certain reports, surveys, and informationNotwithstanding any other provision of law, reports, surveys, schedules, lists, or data compiled or collected for any purpose relating to this section, shall not be subject to discovery or admitted into evidence in a Federal or State court proceeding or considered for other purposes in any action for damages arising from any occurrence at a location identified or addressed in the reports, surveys, schedules, lists, or other data.
(k)State performance targetsIf the Secretary determines that a State has not met or made significant progress toward meeting the performance targets of the State established under subsection (h) by the date that is 2 years after the date of the establishment of the performance targets, the State shall—
(1)use obligation authority equal to the apportionment of the State for the prior year under section 104(b)(3) only for highway safety improvement projects under this section until the Secretary determines that the State has met or made significant progress toward meeting the performance targets of the State; and
(2)submit annually to the Secretary, until the Secretary determines that the State has met or made significant progress toward meeting the performance targets of the State, an implementation plan that—
(A)identifies roadway features that constitute a hazard to road users;
(B)identifies highway safety improvement projects on the basis of crash experience, crash potential, or other data-supported means;
(C)describes how highway safety improvement program funds will be allocated, including projects, activities, and strategies to be implemented;
(D)describes how the proposed projects, activities, and strategies funded under the State highway safety improvement program will allow the State to make progress toward achieving the safety performance targets of the State; and
(E)describes the actions the State will undertake to meet the performance targets of the State.
(l)Federal share of highway safety improvement projectsExcept as provided in sections 120 and 130, the Federal share of the cost of a highway safety improvement project carried out with funds apportioned to a State under section 104(b)(3) shall be 90 percent.
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1113.Congestion mitigation and air quality improvement programSection 149 of title 23, United States Code, is amended to read as follows:
149.Congestion mitigation and air quality improvement program
(a)EstablishmentThe Secretary shall establish and implement a congestion mitigation and air quality improvement program in accordance with this section.
(b)Eligible projects
(1)In generalExcept as provided in subsection (c), a State may obligate funds apportioned to the State for the congestion mitigation and air quality improvement program under section 104(b)(4) that are not reserved under subsection (l) 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 section 107(d) of that Act 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
(A)
(i)(I)if the Secretary, after consultation with the Administrator determines, on the basis of information published by the Environmental Protection Agency pursuant to subparagraph (A) of section 108(f)(1) of the Clean Air Act (other than clause (xvi) of that subparagraph) (42 U.S.C. 7408(f)(1)) that the project or program is likely to contribute to— (aa)the attainment of a national ambient air quality standard; or (bb)the maintenance of a national ambient air quality standard in a maintenance area; and (II)there exists a high level of effectiveness in reducing air pollution, in cases of projects or programs where sufficient information is available in the database established pursuant to subsection (h) to determine the relative effectiveness of such projects or programs; or
(ii)in any case in which such information is not available, if the Secretary, after such consultation, determines that the project or program is part of a program, method, or strategy described in such section 108(f)(1)(A);
(B)if the project or program is included in a State implementation plan that has been approved pursuant to the Clean Air Act and the project will have air quality benefits;
(C)to establish or operate a traffic monitoring, management, and control facility or program, including truck stop electrification systems, if the Secretary, after consultation with the Administrator, determines that the facility or program is likely to contribute to the attainment of a national ambient air quality standard;
(D)if the program or project improves traffic flow, including projects to improve signalization, construct high-occupancy vehicle lanes, improve intersections, add turning lanes, improve transportation systems management and operations that mitigate congestion and improve air quality, and implement intelligent transportation system strategies and such other projects that are eligible for assistance under this section on the day before the date of enactment of the MAP–21, including programs or projects to improve incident and emergency response or improve mobility, such as through real-time traffic, transit, and multimodal traveler information;
(E)if the project or program involves the purchase of integrated, interoperable emergency communications equipment;
(F)if the project or program is for—
(i)the purchase of diesel retrofits that are— (I)for motor vehicles (as defined in section 216 of the Clean Air Act (42 U.S.C. 7550)); or (II)verified technologies (as defined in section 791 of the Energy Policy Act of 2005 (42 U.S.C. 16131)) for nonroad vehicles and nonroad engines (as defined in section 216 of the Clean Air Act (42 U.S.C. 7550)) that are used in construction projects that are— (aa)located in nonattainment or maintenance areas for ozone, PM10, or PM2.5 (as defined under the Clean Air Act (42 U.S.C. 7401 et seq.)); and (bb)funded, in whole or in part, under this title; or
(ii)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;
(G)if the project involves the installation of battery charging or replacement facilities for electric-drive vehicles, or refueling facilities for alternative-fuel vehicles;
(H)if the project or program shifts traffic demand to nonpeak hours or other transportation modes, increases vehicle occupancy rates, or otherwise reduces demand for roads through such means as telecommuting, ridesharing, carsharing, alternative work hours, and pricing; or
(I)if the Secretary, after consultation with the Administrator, determines that the project or program is likely to contribute to the attainment of a national ambient air quality standard, whether through reductions in vehicle miles traveled, fuel consumption, or through other factors.
(2)LimitationsFunds apportioned to a State under section 104(b)(4) and not reserved under subsection (l) may not be obligated for a project that will result in the construction of new capacity available to single-occupant vehicles unless the project consists of a high-occupancy vehicle facility available to single-occupant vehicles only at other than peak travel times or such use by single-occupant vehicles at peak travel times is subject to a toll.
(3)Use of funds for other activitiesNotwithstanding paragraph (1) and subsection (c), the Secretary may permit a State to use amounts apportioned to the State for each of fiscal years 2012 and 2013 for the congestion mitigation and air quality improvement program under section 104(b)(4) to carry out any activity on a system that was eligible for funding under that program as in effect on December 31, 2010.
(c)States flexibility
(1)States without a nonattainment areaIf a State does not have, and never has had, a nonattainment area designated under the Clean Air Act (42 U.S.C. 7401 et seq.) for ozone, carbon monoxide, or PM2.5, the State may use funds apportioned to the State under section 104(b)(4) (excluding the amount of funds reserved under subsection (l)) for any project in the State that—
(A)would otherwise be eligible under subsection (b) as if the project were carried out in a nonattainment or maintenance area; or
(B)is eligible under the transportation mobility program under section 133.
(2)States with a nonattainment area
(A)In generalIf a State has a nonattainment area or maintenance area and received funds in fiscal year 2009 under section 104(b)(2)(D), as in effect on the day before the date of enactment of the MAP–21, above the amount of funds that the State would have received based on the nonattainment and maintenance area population of the State under subparagraphs (B) and (C) of section 104(b)(2), as in effect on the day before the date of enactment of the MAP–21, the State may use for any project that is eligible under the transportation mobility program under section 133 an amount of funds apportioned to such State under section 104(b)(4) (excluding the amount of funds reserved under subsection (l)) that is equal to the product obtained by multiplying—
(i)the amount apportioned to such State under section 104(b)(4) (excluding the amount of funds reserved under subsection (l)); by
(ii)the ratio calculated under paragraph (B).
(B)RatioFor purposes of this paragraph, the ratio shall be calculated as—
(i)the amount for fiscal year 2009 such State was permitted by section 149(c)(2), as in effect on the day before the date of enactment of the MAP–21, to obligate in any area of the State for projects eligible under section 133, as in effect on the day before the date of enactment of the MAP–21; bears to
(ii)the total apportionment to such State for fiscal year 2009 under section 104(b)(2), as in effect on the day before the date of enactment of the MAP–21.
(3)Changes in designationIf a new nonattainment area is designated or a previously designated nonattainment area is redesignated as an attainment area in a State under the Clean Air Act (42 U.S.C. 7401 et seq.), the Secretary shall modify the amount such State is permitted to obligate in any area of the State for projects eligible under section 133.
(d)Applicability of planning requirementsProgramming and expenditure of funds for projects under this section shall be consistent with the requirements of sections 134 and 135.
(e)Partnerships with nongovernmental entities
(1)In generalNotwithstanding any other provision of this title and in accordance with this subsection, a metropolitan planning organization, State transportation department, or other project sponsor may enter into an agreement with any public, private, or nonprofit entity to cooperatively implement any project carried out with funds apportioned under section 104(b)(4).
(2)Forms of participation by entitiesParticipation by an entity under paragraph (1) may consist of—
(A)ownership or operation of any land, facility, vehicle, or other physical asset associated with the project;
(B)cost sharing of any project expense;
(C)carrying out of administration, construction management, project management, project operation, or any other management or operational duty associated with the project; and
(D)any other form of participation approved by the Secretary.
(3)Allocation to entitiesA State may allocate funds apportioned under section 104(b)(4) to an entity described in paragraph (1).
(4)Alternative fuel projectsIn the case of a project that will provide for the use of alternative fuels by privately owned vehicles or vehicle fleets, activities eligible for funding under this subsection—
(A)may include the costs of vehicle refueling infrastructure, including infrastructure that would support the development, production, and use of emerging technologies that reduce emissions of air pollutants from motor vehicles, and other capital investments associated with the project;
(B)shall include only the incremental cost of an alternative fueled vehicle, as compared to a conventionally fueled vehicle, that would otherwise be borne by a private party; and
(C)shall apply other governmental financial purchase contributions in the calculation of net incremental cost.
(5)Prohibition on Federal participation with respect to required activitiesA Federal participation payment under this subsection may not be made to an entity to fund an obligation imposed under the Clean Air Act (42 U.S.C. 7401 et seq.) or any other Federal law.
(f)Priority considerationStates and metropolitan planning organizations shall give priority in areas designated as nonattainment or maintenance for PM2.5 under the Clean Air Act (42 U.S.C. 7401 et seq.) in distributing funds received for congestion mitigation and air quality projects and programs from apportionments under section 104(b)(4) not required to be reserved under subsection (l) to projects that are proven to reduce PM2.5, including diesel retrofits.
(g)Interagency consultationThe Secretary shall encourage States and metropolitan planning organizations to consult with State and local air quality agencies in nonattainment and maintenance areas on the estimated emission reductions from proposed congestion mitigation and air quality improvement programs and projects.
(h)Evaluation and assessment of projects
(1)Database
(A)In generalUsing appropriate assessments of projects funded under the congestion mitigation and air quality program and results from other research, the Secretary shall maintain and disseminate a cumulative database describing the impacts of the projects, including specific information about each project, such as the project name, location, sponsor, cost, and, to the extent already measured by the project sponsor, cost-effectiveness, based on reductions in congestion and emissions.
(B)AvailabilityThe database shall be published or otherwise made readily available by the Secretary in electronically accessible format and means, such as the Internet, for public review.
(2)Cost effectiveness
(A)In generalThe Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall evaluate projects on a periodic basis and develop a table or other similar medium that illustrates the cost-effectiveness of a range of project types eligible for funding under this section as to how the projects mitigate congestion and improve air quality.
(B)ContentsThe table described in subparagraph (A) shall show measures of cost-effectiveness, such as dollars per ton of emissions reduced, and assess those measures over a variety of timeframes to capture impacts on the planning timeframes outlined in section 134.
(C)Use of tableStates and metropolitan planning organizations shall consider the information in the table when selecting projects or developing performance plans under subsection (k).
(i)Optional programmatic eligibility
(1)In generalAt the discretion of a metropolitan planning organization, a technical assessment of a selected program of projects may be conducted through modeling or other means to demonstrate the emissions reduction projection required under this section.
(2)ApplicabilityIf an assessment described in paragraph (1) successfully demonstrates an emissions reduction, all projects included in such assessment shall be eligible for obligation under this section without further demonstration of emissions reduction of individual projects included in such assessment.
(j)Suballocation to nonattainment and maintenance areas
(1)In generalAn amount equal to 50 percent of the amount of funds apportioned to each State under section 104(b)(4) (excluding the amount of funds reserved under subsection (l)) shall be suballocated for projects within each area designated as nonattainment or maintenance for the pollutants described in subsection (b).
(2)Distribution of fundsThe distribution within any State of funds required to be suballocated under paragraph (1) to each nonattainment or maintenance area shall be in accordance with a formula developed by each State and approved by the Secretary, which shall consider the population of each such nonattainment or maintenance area and shall be weighted by the severity of pollution in the manner described in paragraph (6).
(3)Project selectionProjects under this subsection shall be selected by a State and shall be consistent with the requirements of sections 134 and 135.
(4)Priority for use of suballocated funds in PM2.5 areas
(A)In generalAn amount equal to 50 percent of the funds suballocated under paragraph (1) for a nonattainment or maintenance area that are based all or in part on the weighted population of such area in fine particulate matter nonattainment shall be obligated to projects that reduce such fine particulate matter emissions in such area, including diesel retrofits.
(B)Construction equipmentAn amount equal to 30 percent of the funds required to be set aside under subparagraph (A) shall be obligated to carry out the objectives of section 330.
(C)Obligation process
(i)In generalEach State or metropolitan planning organization required to obligate funds in accordance with this paragraph shall develop a process to provide funding directly to eligible entities (as defined under section 330) in order to achieve the objectives of such section and ensure that the bid proceeding and award of the contract for any covered highway construction project carried out under that section will be— (I)made without regard to the particulate matter emission levels of the fleet of the eligible entity; and (II)consistent with existing requirements for full and open competition under section 112.
(ii)ObligationA State may obligate suballocated funds designated under this paragraph without regard to any process or other requirement established under this section.
(5)Funds not suballocatedExcept as provided in subsection (c), funds apportioned to a State under section 104(b)(4) (excluding the amount of funds reserved under subsection (l)) and not suballocated under paragraph (1) shall be made available to such State for programming in any nonattainment or maintenance area in the State.
(6)Factors for calculation of suballocation
(A)In generalFor the purposes of paragraph (2), each State shall weight the population of each such nonattainment or maintenance area by a factor of—
(i)1.0 if, at the time of the apportionment, the area is a maintenance area for ozone or carbon monoxide;
(ii)1.0 if, at the time of the apportionment, the area is classified as a marginal ozone nonattainment area under subpart 2 of part D of title I of the Clean Air Act (42 U.S.C. 7511 et seq.);
(iii)1.1 if, at the time of the apportionment, the area is classified as a moderate ozone nonattainment area under subpart 2 of part D of title I of the Clean Air Act (42 U.S.C. 7511 et seq.);
(iv)1.2 if, at the time of the apportionment, the area is classified as a serious ozone nonattainment area under subpart 2 of part D of title I of the Clean Air Act (42 U.S.C. 7511 et seq.);
(v)1.3 if, at the time of the apportionment, the area is classified as a severe ozone nonattainment area under subpart 2 of part D of title I of the Clean Air Act (42 U.S.C. 7511 et seq.);
(vi)1.5 if, at the time of the apportionment, the area is classified as an extreme ozone nonattainment area under subpart 2 of part D of title I of the Clean Air Act (42 U.S.C. 7511 et seq.);
(vii)1.0 if, at the time of the apportionment, the area is not a nonattainment or maintenance area for ozone as described in section 149(b), but is designated under section 107 of the Clean Air Act (42 U.S.C. 7407) as a nonattainment area for carbon monoxide;
(viii)1.0 if, at the time of the apportionment, the area is designated as nonattainment for ozone under section 107 of the Clean Air Act (42 U.S.C. 7407); or
(ix)1.2 if, at the time of the apportionment, the area is not a nonattainment or maintenance area as described in section 149(b) for ozone, but is designated as a nonattainment or maintenance area for fine particulate matter, 2.5 micrometers or less, under section 107 of the Clean Air Act (42 U.S.C. 7407).
(B)Other factorsIf, in addition to being designated as a nonattainment or maintenance area for ozone as described in section 149(b), any county within the area was also designated under section 107 of the Clean Air Act (42 U.S.C. 7407) as a nonattainment or maintenance area for carbon monoxide, or was designated under section 107 of the Clean Air Act (42 U.S.C. 7407) as a nonattainment or maintenance area for particulate matter, 2.5 micrometers or less, or both, the weighted nonattainment or maintenance area population of the county, as determined under clauses (i) through (vi), or clause (viii), of subparagraph (A), shall be further multiplied by a factor of 1.2, or a second further factor of 1.2 if the area is designated as a nonattainment or maintenance area for both carbon monoxide and particulate matter, 2.5 micrometers or less.
(7)Exceptions for certain States
(A)A State without a nonattainment or maintenance area shall not be subject to the requirements of this subsection.
(B)The amount of funds required to be set aside under paragraph (1) in a State that received a minimum apportionment for fiscal year 2009 under section 104(b)(2)(D), as in effect on the day before the date of enactment of the MAP–21, shall be based on the amount of funds such State would otherwise have been apportioned under section 104(b)(4) (excluding the amount of funds reserved under subsection (l)) but for the minimum apportionment in fiscal year 2009.
(k)Performance plan
(1)In generalEach tier I metropolitan planning organization (as defined in section 134) representing a nonattainment or maintenance area shall develop a performance plan that—
(A)includes an area baseline level for traffic congestion and on-road mobile source emissions for which the area is in nonattainment or maintenance;
(B)identifies air quality and traffic congestion target levels based on measures established by the Secretary; and
(C)includes a description of projects identified for funding under this section and a description of how such projects will contribute to achieving emission and traffic congestion reduction targets.
(2)Updated plans
(A)In generalPerformance plans shall be updated on the schedule required under paragraph (3).
(B)ContentsAn updated plan shall include a separate report that assesses the progress of the program of projects under the previous plan in achieving the air quality and traffic congestion targets of the previous plan.
(3)RulemakingNot later than 18 months after the date of enactment of the MAP–21, the Secretary shall promulgate regulations to implement this subsection that identify performance measures for traffic congestion and on-road mobile source emissions, timelines for performance plans, and requirements under this section for assessing the implementation of projects carried out under this section.
(l)Additional activities
(1)Reservation of fundsOf the funds apportioned to a State under section 104(b)(4), a State shall reserve the amount of funds attributable to the inclusion of the 10 percent of surface transportation program funds apportioned to such State for fiscal year 2009 in the formula under section 104(b)(4) for projects under this subsection.
(2)Eligible projectsA State may obligate the funds reserved under this subsection for any of the following projects or activities:
(A)Transportation enhancements, as defined in section 101.
(B)The recreational trails program under section 206.
(C)The safe routes to school program under section 1404 of the SAFETEA–LU (23 U.S.C. 402 note; Public Law 109–59).
(D)Planning, designing, or constructing boulevards and other roadways largely in the right-of-way of former Interstate System routes or other divided highways.
(3)Allocations of funds
(A)CalculationOf the funds reserved in a State under this subsection—
(i)50 percent for a fiscal year shall be obligated under this subsection to any eligible entity in proportion to their relative shares of the population of the State— (I)in urbanized areas of the State with an urbanized area population of over 200,000; (II)in areas of the State other than urban areas with a population greater than 5,000; and (III)in other areas of the State; and
(ii)50 percent shall be obligated in any area of the State.
(B)Metropolitan areasFunds attributed to an urbanized area under subparagraph (A)(i)(I) may be obligated in the metropolitan area established under section 134 that encompasses the urbanized area.
(C)Distribution among urbanized areas of over 200,000 population
(i)In generalExcept as provided in subparagraph (A)(ii), the amount of funds that a State is required to obligate under subparagraph (A)(i)(I) shall be obligated in urbanized areas described in subparagraph (A)(i)(I) based on the relative population of the areas.
(ii)Other factorsThe State may obligate the funds described in clause (i) based on other factors if the State and the relevant metropolitan planning organizations jointly apply to the Secretary for the permission to base the obligation on other factors and the Secretary grants the request.
(D)Access to funds
(i)In generalEach State or metropolitan planning organization required to obligate funds in accordance with subparagraph (A) shall develop a competitive process to allow eligible entities to submit projects for funding that achieve the objectives of this subsection.
(ii)Definition of eligible entityIn this subsection, the term eligible entity means— (I)a local government; (II)a regional transportation authority; (III)a transit agency; (IV)a natural resource or public land agency; (V)a school district, local education agency, or school; (VI)a tribal government; and (VII)any other local or regional governmental entity with responsibility for or oversight of transportation or recreational trails (other than a tier I metropolitan planning organization or a State agency) that the State determines to be eligible, consistent with the goals of this subsection.
(E)Selection of projectsEach tier I and tier II metropolitan planning organization shall select projects carried out within the boundaries of the applicable metropolitan planning area, in consultation with the relevant State, for funds reserved in a State under this subsection and suballocated to the metropolitan planning area under subparagraph (A)(i).
(4)Flexibility of excess reserved fundingBeginning in the second fiscal year after the date of enactment of the MAP–21, if on August 1 of that fiscal year the unobligated balance of available funds apportioned to a State under section 104(b)(4) and reserved by a State under this subsection exceeds 150 percent of such reserved amount in such fiscal year, the State may thereafter obligate the amount of excess funds for any activity—
(A)that is eligible to receive funding under this subsection; or
(B)for which the Secretary has approved the obligation of funds for any State under this section.
(5)Provision of adequate data, modeling, and supportIn any case in which a State requests reasonable technical support or otherwise requests data (including planning models and other modeling), clarification, or guidance regarding the content of any final rule or applicable regulation material to State actions under this section, the Secretary and any other agency shall provide that support, clarification, or guidance in a timely manner.
(6)Treatment of projectsNotwithstanding any other provision of law, projects funded under this subsection shall be treated as projects on a Federal-aid highway under this chapter.
(7)Continuation of certain recreational trails projectsEach State that does not opt out of this paragraph shall—
(A)obligate an amount of funds reserved under this section equal to the amount of the funds apportioned to the State for fiscal year 2009 under section 104(h)(2) for projects relating to recreational trails under section 206;
(B)return 1 percent of those funds to the Secretary for the administration of that program; and
(C)comply with the provisions of the administration of the recreational trails program under section 206, including the use of apportioned funds described under subsection (d)(3)(A) of that section.
(8)State flexibilityA State may opt out of the recreational trails program under paragraph (7) if the Governor of the State notifies the Secretary not later than 30 days prior to apportionments being made for any fiscal year.
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1114.Territorial and Puerto Rico highway program
(a)In generalSection 165 of title 23, United States Code, is amended to read as follows:
165.Territorial and Puerto Rico highway program
(a)Division of fundsOf funds made available in a fiscal year for the territorial and Puerto Rico highway program—
(1)75 percent shall be for the Puerto Rico highway program under subsection (b); and
(2)25 percent shall be for the territorial highway program under subsection (c).
(b)Puerto rico highway program
(1)In generalThe Secretary shall allocate funds made available to carry out this subsection to the Commonwealth of Puerto Rico to carry out a highway program in the Commonwealth.
(2)Treatment of fundsAmounts made available to carry out this subsection for a fiscal year shall be administered as follows:
(A)Apportionment
(i)In generalFor the purpose of imposing any penalty under this title or title 49, the amounts shall be treated as being apportioned to Puerto Rico under sections 104(b) and 144 (as in effect for fiscal year 1997) for each program funded under those sections in an amount determined by multiplying— (I)the aggregate of the amounts for the fiscal year; by (II)the proportion that— (aa)the amount of funds apportioned to Puerto Rico for each such program for fiscal year 1997; bears to (bb)the total amount of funds apportioned to Puerto Rico for all such programs for fiscal year 1997.
(ii)ExceptionFunds identified under clause (i) as having been apportioned for the national highway system, the surface transportation program, and the Interstate maintenance program shall be deemed to have been apportioned 50 percent for the national highway performance program and 50 percent for the transportation mobility program for purposes of imposing such penalties.
(B)PenaltyThe amounts treated as being apportioned to Puerto Rico under each section referred to in subparagraph (A) shall be deemed to be required to be apportioned to Puerto Rico under that section for purposes of the imposition of any penalty under this title or title 49.
(C)Eligible uses of fundsOf amounts allocated to Puerto Rico for the Puerto Rico Highway Program for a fiscal year—
(i)at least 50 percent shall be available only for purposes eligible under section 119;
(ii)at least 25 percent shall be available only for purposes eligible under section 148; and
(iii)any remaining funds may be obligated for activities eligible under chapter 1.
(3)Effect on apportionmentsExcept as otherwise specifically provided, Puerto Rico shall not be eligible to receive funds apportioned to States under this title.
(c)Territorial highway program
(1)Territory definedIn this subsection, the term territory means any of the following territories of the United States:
(A)American Samoa.
(B)The Commonwealth of the Northern Mariana Islands.
(C)Guam.
(D)The United States Virgin Islands.
(2)Program
(A)In generalRecognizing the mutual benefits that will accrue to the territories and the United States from the improvement of highways in the territories, the Secretary may carry out a program to assist each government of a territory in the construction and improvement of a system of arterial and collector highways, and necessary inter-island connectors, that is—
(i)designated by the Governor or chief executive officer of each territory; and
(ii)approved by the Secretary.
(B)Federal shareThe Federal share of Federal financial assistance provided to territories under this subsection shall be in accordance with section 120(g).
(3)Technical assistance
(A)In generalTo continue a long-range highway development program, the Secretary may provide technical assistance to the governments of the territories to enable the territories, on a continuing basis—
(i)to engage in highway planning;
(ii)to conduct environmental evaluations;
(iii)to administer right-of-way acquisition and relocation assistance programs; and
(iv)to design, construct, operate, and maintain a system of arterial and collector highways, including necessary inter-island connectors.
(B)Form and terms of assistanceTechnical assistance provided under subparagraph (A), and the terms for the sharing of information among territories receiving the technical assistance, shall be included in the agreement required by paragraph (5).
(4)Nonapplicability of certain provisions
(A)In generalExcept to the extent that provisions of this chapter are determined by the Secretary to be inconsistent with the needs of the territories and the intent of this subsection, this chapter (other than provisions of this chapter relating to the apportionment and allocation of funds) shall apply to funds made available under this subsection.
(B)Applicable provisionsThe agreement required by paragraph (5) for each territory shall identify the sections of this chapter that are applicable to that territory and the extent of the applicability of those sections.
(5)Agreement
(A)In generalExcept as provided in subparagraph (D), none of the funds made available under this subsection shall be available for obligation or expenditure with respect to any territory until the chief executive officer of the territory has entered into an agreement (including an agreement entered into under section 215 as in effect on the day before the enactment of this section) with the Secretary providing that the government of the territory shall—
(i)implement the program in accordance with applicable provisions of this chapter and paragraph (4);
(ii)design and construct a system of arterial and collector highways, including necessary inter-island connectors, in accordance with standards that are— (I)appropriate for each territory; and (II)approved by the Secretary;
(iii)provide for the maintenance of facilities constructed or operated under this subsection in a condition to adequately serve the needs of present and future traffic; and
(iv)implement standards for traffic operations and uniform traffic control devices that are approved by the Secretary.
(B)Technical assistanceThe agreement required by subparagraph (A) shall—
(i)specify the kind of technical assistance to be provided under the program;
(ii)include appropriate provisions regarding information sharing among the territories; and
(iii)delineate the oversight role and responsibilities of the territories and the Secretary.
(C)Review and revision of agreementThe agreement entered into under subparagraph (A) shall be reevaluated and, as necessary, revised, at least every 2 years.
(D)Existing agreementsWith respect to an agreement under this subsection or an agreement entered into under section 215 of this title as in effect on the day before the date of enactment of this subsection—
(i)the agreement shall continue in force until replaced by an agreement entered into in accordance with subparagraph (A); and
(ii)amounts made available under this subsection under the existing agreement shall be available for obligation or expenditure so long as the agreement, or the existing agreement entered into under subparagraph (A), is in effect.
(6)Eligible uses of funds
(A)In generalFunds made available under this subsection may be used only for the following projects and activities carried out in a territory:
(i)Eligible transportation mobility program projects described in section 133(c).
(ii)Cost-effective, preventive maintenance consistent with section 116(d).
(iii)Ferry boats, terminal facilities, and approaches, in accordance with subsections (b) and (c) of section 129.
(iv)Engineering and economic surveys and investigations for the planning, and the financing, of future highway programs.
(v)Studies of the economy, safety, and convenience of highway use.
(vi)The regulation and equitable taxation of highway use.
(vii)Such research and development as are necessary in connection with the planning, design, and maintenance of the highway system.
(B)Prohibition on use of funds for routine maintenanceNone of the funds made available under this subsection shall be obligated or expended for routine maintenance.
(7)Location of projectsTerritorial highway program projects (other than those described in paragraphs (2), (4), (7), (8), (14), and (19) of section 133(c)) may not be undertaken on roads functionally classified as local.
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(b)Conforming amendments
(1)Clerical amendmentThe analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 165 and inserting the following:
165. Territorial and Puerto Rico highway program.
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(2)Obsolete textSection 215 of that title, and the item relating to that section in the analysis for chapter 2, are repealed.
1115.National freight program
(a)In generalChapter 1 of title 23, United States Code, is amended by adding at the end the following:
167.National freight program
(a)National freight programIt is the policy of the United States to improve the condition and performance of the national freight network to ensure that the national freight network provides the foundation for the United States to compete in the global economy and achieve each goal described in subsection (b).
(b)GoalsThe goals of the national freight program are—
(1)to invest in infrastructure improvements and to implement operational improvements that—
(A)strengthen the contribution of the national freight network to the economic competitiveness of the United States;
(B)reduce congestion; and
(C)increase productivity, particularly for domestic industries and businesses that create high-value jobs;
(2)to reduce the environmental impacts of freight movement on the national freight network;
(3)to improve the safety, security, and resilience of freight transportation;
(4)to improve the state of good repair of the national freight network;
(5)to use advanced technology to improve the safety and efficiency of the national freight network;
(6)to incorporate concepts of performance, innovation, competition, and accountability into the operation and maintenance of the national freight network; and
(7)to improve the economic efficiency of the national freight network.
(c)Establishment of program
(1)In generalThe Secretary shall establish and implement a national freight program in accordance with this section to strategically direct Federal resources toward improved system performance for efficient movement of freight on highways, including national highway system freight intermodal connectors and aerotropolis transportation systems.
(2)Network componentsThe national freight network shall consist of—
(A)the primary freight network, as designated by the Secretary under subsection (f) (referred to in this section as the primary freight network) as most critical to the movement of freight;
(B)the portions of the Interstate System not designated as part of the primary freight network; and
(C)critical rural freight corridors established under subsection (g).
(d)Use of apportioned funds
(1)Projects on the national freight networkAt a minimum, following designation of the primary freight network under subsection (f), a State shall obligate funds apportioned under section 104(b)(5) to improve the movement of freight on the national freight network.
(2)Location of projectsA project carried out using funds apportioned under paragraph (1) shall be located—
(A)on the primary freight network as described under subsection (f);
(B)on a portion of the Interstate System not designated as primary freight network;
(C)on roads off of the Interstate System or primary freight network, if that use of funds will provide—
(i)a more significant improvement to freight movement on the Interstate System or the primary freight network;
(ii)critical freight access to the Interstate System or the primary freight network; or
(iii)mitigation of the congestion impacts from freight movement;
(D)on a national highway system freight intermodal connector;
(E)on critical rural freight corridors, as designated under subsection (g) (except that not more than 20 percent of the total anticipated apportionment of a State under section 104(b)(5) during fiscal years 2012 and 2013 may be used for projects on critical rural freight corridors); or
(F)within the boundaries of public and private intermodal facilities, but shall only include surface infrastructure necessary to facilitate direct intermodal interchange, transfer, and access into and out of the facility.
(3)Primary freight network fundingBeginning for each fiscal year after the Secretary designates the primary freight network, a State shall obligate from funds apportioned under section 104(b)(5) for the primary freight network the lesser of—
(A)an amount equal to the product obtained by multiplying—
(i)an amount equal to 110 percent of the apportionment of the State for the fiscal year under section 104(b)(5); and
(ii)the proportion that— (I)the total designated primary freight network mileage of the State; bears to (II)the sum of the designated primary freight network mileage of the State and the total Interstate system mileage of the State that is not designated as part of the primary freight network; or
(B)an amount equal to the total apportionment of the State under section 104(b)(5).
(e)Eligibility
(1)Eligible projectsTo be eligible for funding under this section, a project shall demonstrate the improvement made by the project to the efficient movement of freight on the national freight network.
(2)Freight rail and maritime projects
(A)In generalA State may obligate an amount equal to not more than 10 percent of the total apportionment to the State under section 104(b)(5) over the period of fiscal years 2012 and 2013 for public or private freight rail or maritime projects.
(B)EligibilityFor a State to be eligible to obligate funds in the manner described in subparagraph (A), the Secretary shall concur with the State that—
(i)the project for which the State seeks to obligate funds under this paragraph would make freight rail improvements to enhance cross-border commerce within 5 miles of the international border between the United States and Canada or Mexico or make significant improvement to freight movements on the national freight network; and
(ii)the public benefit of the project— (I)exceeds the Federal investment; and (II)provides a better return than a highway project on a segment of the primary freight network.
(3)Eligible project costsA State may obligate funds apportioned to the State under section 104(b)(5) for the national freight program for any of the following costs of an eligible project:
(A)Development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities.
(B)Construction, reconstruction, rehabilitation, acquisition of real property (including land relating to the project and improvements to land), construction contingencies, acquisition of equipment, and operational improvements directly relating to improving system performance, including but not limited to any segment of the primary freight network that falls below the minimum level established pursuant to section 119(f).
(C)Intelligent transportation systems and other technology to improve the flow of freight.
(D)Efforts to reduce the environmental impacts of freight movement on the national freight network.
(E)Environmental mitigation.
(F)Railway-highway grade separation.
(G)Geometric improvements to interchanges and ramps.
(H)Truck-only lanes.
(I)Climbing and runaway truck lanes.
(J)Adding or widening of shoulders.
(K)Truck parking facilities eligible for funding under section 1401 of the MAP–21.
(L)Real-time traffic, truck parking, roadway condition, and multimodal transportation information systems.
(M)Electronic screening and credentialing systems for vehicles, including weigh-in-motion truck inspection technologies.
(N)Traffic signal optimization including synchronized and adaptive signals.
(O)Work zone management and information systems.
(P)Highway ramp metering.
(Q)Electronic cargo and border security technologies that improve truck freight movement.
(R)Intelligent transportation systems that would increase truck freight efficiencies inside the boundaries of intermodal facilities.
(S)Any other activities to improve the flow of freight on the national freight network.
(4)Other eligible costsIn addition to eligible project costs, a State may use funds apportioned under section 104(b)(5) for—
(A)carrying out diesel retrofit or alternative fuel projects defined in section 149 for class 8 vehicles; or
(B)the necessary costs of—
(i)conducting analyses and data collection;
(ii)developing and updating performance targets to carry out this section; or
(iii)reporting to the Secretary to comply with subsection (i).
(5)Eligible project costs prior to designation of the primary freight networkPrior to the date of designation of the primary freight network, a State may obligate funds apportioned to the State under section 104(b)(5) to improve freight movement on the Interstate System for—
(A)construction, reconstruction, resurfacing, restoration, and rehabilitation of segments of the Interstate System;
(B)operational improvements for segments of the Interstate System;
(C)construction of, and operational improvements for, a Federal-aid highway not on the Interstate System, and construction of a transit project eligible for assistance under chapter 53 of title 49, United States Code, if—
(i)the highway or transit project is in the same corridor as, and in proximity to a highway designated as a part of, the Interstate System;
(ii)the construction or improvements would improve the level of service on the Interstate System described in subparagraph (A) and improve freight traffic flow; and
(iii)the construction or improvements are more cost-effective for freight movement than an improvement to the Interstate System described in subparagraph (A);
(D)highway safety improvements for segments of the Interstate System;
(E)transportation planning in accordance with sections 134 and 135;
(F)the costs of conducting analysis and data collection to comply with this section;
(G)truck parking facilities eligible for funding under section 1401 of the MAP–21;
(H)infrastructure-based intelligent transportation systems capital improvements;
(I)environmental restoration and pollution abatement in accordance with section 328; and
(J)in accordance with all applicable Federal law (including regulations), participation in natural habitat and wetlands mitigation efforts relating to projects funded under this title, which may include participation in natural habitat and wetlands mitigation banks, contributions to statewide and regional efforts to conserve, restore, enhance, and create natural habitats and wetlands, and development of statewide and regional natural habitat and wetlands conservation and mitigation plans, including any such banks, efforts, and plans developed in accordance with applicable Federal law (including regulations), on the conditions that—
(i)contributions to those mitigation efforts may— (I)take place concurrent with or in advance of project construction; and (II)occur in advance of project construction only if the efforts are consistent with all applicable requirements of Federal law (including regulations) and State transportation planning processes; and
(ii)with respect to participation in a natural habitat or wetland mitigation effort relating to a project funded under this title that has an impact that occurs within the service area of a mitigation bank, preference is given, to the maximum extent practicable, to the use of the mitigation bank if the bank contains sufficient available credits to offset the impact and the bank is approved in accordance with applicable Federal law (including regulations).
(f)Designation of primary freight network
(1)Initial designation of primary freight network
(A)DesignationNot later than 1 year after the date of enactment of this section, the Secretary shall designate a primary freight network—
(i)based on an inventory of national freight volume conducted by the Administrator of the Federal Highway Administration, in consultation with stakeholders, including system users, transport providers, and States; and
(ii)that shall be comprised of not more than 27,000 centerline miles of existing roadways that are most critical to the movement of freight.
(B)Factors for designationIn designating the primary freight network, the Secretary shall consider—
(i)the origins and destinations of freight movement in the United States;
(ii)the total freight tonnage and value of freight moved by all modes of transportation;
(iii)the percentage of annual average daily truck traffic in the annual average daily traffic on principal arterials;
(iv)the annual average daily truck traffic on principal arterials;
(v)land and maritime ports of entry;
(vi)population centers; and
(vii)network connectivity.
(2)Additional miles on primary freight networkIn addition to the miles initially designated under paragraph (1), the Secretary may increase the number of miles designated as part of the primary freight network by not more than 3,000 additional centerline miles of roadways (which may include existing or planned roads) critical to future efficient movement of goods on the primary freight network.
(3)Redesignation of primary freight networkDuring calendar year 2015 and every 10 years thereafter, using the designation factors described in paragraph (1), the Secretary shall redesignate the primary freight network (including additional mileage described in subsection (f)(2)).
(g)Critical rural freight corridorsA State may designate a road within the borders of the State as a critical rural freight corridor if the road—
(1)is a rural principal arterial roadway and has a minimum of 25 percent of the annual average daily traffic of the road measured in passenger vehicle equivalent units from trucks (FHWA vehicle class 8 to 13); or
(2)connects the primary freight network, a roadway described in paragraph (1), or Interstate System to facilities that handle more than—
(A)50,000 20-foot equivalent units per year; or
(B)500,000 tons per year of bulk commodities.
(h)National freight strategic plan
(1)Initial development of national freight strategic planNot later than 3 years after the date of enactment of this section, the Secretary shall, in consultation with appropriate public and private transportation stakeholders, develop and post on the Department of Transportation public website a national freight strategic plan that shall include—
(A)an assessment of the condition and performance of the national freight network;
(B)an identification of highway bottlenecks on the national freight network that create significant freight congestion problems, based on a quantitative methodology developed by the Secretary, which shall, at a minimum, include information from the Freight Analysis Network of the Federal Highway Administration;
(C)forecasts of freight volumes for the 20-year period beginning in the year during which the plan is issued;
(D)an identification of major trade gateways and national freight corridors that connect major population centers, trade gateways, and other major freight generators for current and forecasted traffic and freight volumes, the identification of which shall be revised, as appropriate, in subsequent plans;
(E)an assessment of statutory, regulatory, technological, institutional, financial, and other barriers to improved freight transportation performance (including opportunities for overcoming the barriers);
(F)best practices for improving the performance of the national freight network;
(G)best practices to mitigate the impacts of freight movement on communities;
(H)a process for addressing multistate projects and encouraging jurisdictions to collaborate; and
(I)strategies to improve maritime, freight rail, and freight intermodal connectivity.
(2)Updates to national freight strategic planNot later than 5 years after the date of completion of the first national freight strategic plan under paragraph (1), and every 5 years thereafter, the Secretary shall update and repost on the Department of Transportation public website a revised national freight strategic plan.
(i)Freight performance targets
(1)RulemakingNot later than 2 years after the date of enactment of this section, the Secretary, in consultation with State departments of transportation and other appropriate public and private transportation stakeholders, shall publish a rulemaking that establishes performance measures for freight movement on the primary freight network.
(2)State targets and reportingNot later than 1 year after the date on which the Secretary publishes the rulemaking under paragraph (1), each State shall—
(A)develop and periodically update State performance targets for freight movement on the primary freight network—
(i)in consultation with appropriate public and private stakeholders; and
(ii)using measures determined by the Secretary; and
(B)for every 2-year period, submit to the Secretary a report that contains a description of—
(i)the progress of the State toward meeting the targets; and
(ii)the ways in which the State is addressing congestion at freight bottlenecks within the State.
(3)Compliance
(A)Performance targetsTo obligate funding apportioned under section 104(b)(5), each State shall develop performance targets in accordance with paragraph (2).
(B)Determination of SecretaryIf the Secretary determines that a State has not met or made significant progress toward meeting the performance targets of the State by the date that is 2 years after the date of establishment of the performance targets, until the date on which the Secretary determines that the State has met (or has made significant progress towards meeting) the State performance targets, the State shall submit to the Secretary, on a biennial basis, a freight performance improvement plan that includes—
(i)an identification of significant freight system trends, needs, and issues within the State;
(ii)a description of the freight policies and strategies that will guide the freight-related transportation investments of the State;
(iii)an inventory of freight bottlenecks within the State and a description of the ways in which the State is allocating funds to improve those bottlenecks; and
(iv)a description of the actions the State will undertake to meet the performance targets of the State.
(j)Freight transportation conditions and performance reportsNot later than 2 years after the date of enactment of this section, and biennially thereafter, the Secretary shall prepare a report that contains a description of the conditions and performance of the national freight network in the United States.
(k)Transportation investment data and planning tools
(1)In generalNot later than 1 year after the date of enactment of this section, the Secretary shall—
(A)begin development of new tools and improvement of existing tools or improve existing tools to support an outcome-oriented, performance-based approach to evaluate proposed freight-related and other transportation projects, including—
(i)methodologies for systematic analysis of benefits and costs;
(ii)tools for ensuring that the evaluation of freight-related and other transportation projects could consider safety, economic competitiveness, environmental sustainability, and system condition in the project selection process; and
(iii)other elements to assist in effective transportation planning;
(B)identify transportation-related model data elements to support a broad range of evaluation methods and techniques to assist in making transportation investment decisions; and
(C)at a minimum, in consultation with other relevant Federal agencies, consider any improvements to existing freight flow data collection efforts that could reduce identified freight data gaps and deficiencies and help improve forecasts of freight transportation demand.
(2)ConsultationThe Secretary shall consult with Federal, State, and other stakeholders to develop, improve, and implement the tools and collect the data in paragraph (1).
(l)Definition of aerotropolis transportation systemFor the purposes of this section, the term aerotropolis transportation system means a planned and coordinated multimodal freight and passenger transportation network that, as determined by the Secretary, provides efficient, cost-effective, sustainable, and intermodal connectivity to a defined region of economic significance centered around a major airport.
(m)Treatment of projectsNotwithstanding any other provision of law, projects funded under this section shall be treated as projects on a Federal-aid highway under this chapter.
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(b)Conforming amendmentThe analysis for chapter 1 of title 23, United States Code, is amended by adding at the end the following:
167. National freight program..
1116.Federal lands and tribal transportation programs
(a)In generalChapter 2 of title 23, United States Code, is amended by striking sections 201 through 204 and inserting the following:
201.Federal lands and tribal transportation programs
(a)PurposeRecognizing the need for all public Federal and tribal transportation facilities to be treated under uniform policies similar to the policies that apply to Federal-aid highways and other public transportation facilities, the Secretary of Transportation, in collaboration with the Secretaries of the appropriate Federal land management agencies, shall coordinate a uniform policy for all public Federal and tribal transportation facilities that shall apply to Federal lands transportation facilities, tribal transportation facilities, and Federal lands access transportation facilities.
(b)Availability of funds
(1)AvailabilityFunds authorized for the tribal transportation program, the Federal lands transportation program, and the Federal lands access program shall be available for contract upon apportionment, or on October 1 of the fiscal year for which the funds were authorized if no apportionment is required.
(2)Amount remainingAny amount remaining unexpended for a period of 3 years after the close of the fiscal year for which the funds were authorized shall lapse.
(3)ObligationsThe Secretary of the department responsible for the administration of funds under this subsection may incur obligations, approve projects, and enter into contracts under such authorizations, which shall be considered to be contractual obligations of the United States for the payment of the cost thereof, the funds of which shall be considered to have been expended when obligated.
(4)Expenditure
(A)In generalAny funds authorized for any fiscal year after the date of enactment of this section under the Federal lands transportation program, the Federal lands access program, and the tribal transportation program shall be considered to have been expended if a sum equal to the total of the sums authorized for the fiscal year and previous fiscal years have been obligated.
(B)Credited fundsAny funds described in subparagraph (A) that are released by payment of final voucher or modification of project authorizations shall be—
(i)credited to the balance of unobligated authorizations; and
(ii)immediately available for expenditure.
(5)ApplicabilityThis section shall not apply to funds authorized before the date of enactment of this paragraph.
(6)Contractual obligation
(A)In generalNotwithstanding any other provision of law (including regulations), the authorization by the Secretary, or the Secretary of the appropriate Federal land management agency if the agency is the contracting office, of engineering and related work for the development, design, and acquisition associated with a construction project, whether performed by contract or agreement authorized by law, or the approval by the Secretary of plans, specifications, and estimates for construction of a project, shall be considered to constitute a contractual obligation of the Federal Government to pay the total eligible cost of—
(i)any project funded under this title; and
(ii)any project funded pursuant to agreements authorized by this title or any other title.
(B)EffectNothing in this paragraph—
(i)affects the application of the Federal share associated with the project being undertaken under this section; or
(ii)modifies the point of obligation associated with Federal salaries and expenses.
(7)Federal share
(A)Tribal and Federal lands transportation programThe Federal share of the cost of a project carried out under the Federal lands transportation program or the tribal transportation program shall be 100 percent.
(B)Federal lands access programThe Federal share of the cost of a project carried out under the Federal lands access program shall be determined in accordance with section 120.
(c)Transportation planning
(1)Transportation planning proceduresIn consultation with the Secretary of each appropriate Federal land management agency, the Secretary shall implement transportation planning procedures for Federal lands and tribal transportation facilities that are consistent with the planning processes required under sections 134 and 135.
(2)Approval of transportation improvement programThe transportation improvement program developed as a part of the transportation planning process under this section shall be approved by the Secretary.
(3)Inclusion in other plansEach regionally significant tribal transportation program, Federal lands transportation program, and Federal lands access program project shall be—
(A)developed in cooperation with State and metropolitan planning organizations; and
(B)included in appropriate tribal transportation program plans, Federal lands transportation program plans, Federal lands access program plans, State and metropolitan plans, and transportation improvement programs.
(4)Inclusion in State programsThe approved tribal transportation program, Federal lands transportation program, and Federal lands access program transportation improvement programs shall be included in appropriate State and metropolitan planning organization plans and programs without further action on the transportation improvement program.
(5)Asset managementThe Secretary and the Secretary of each appropriate Federal land management agency shall, to the extent appropriate, implement safety, bridge, pavement, and congestion management systems for facilities funded under the tribal transportation program and the Federal lands transportation program in support of asset management.
(6)Data collection
(A)Data collectionThe Secretaries of the appropriate Federal land management agencies shall collect and report data necessary to implement the Federal lands transportation program, the Federal lands access program, and the tribal transportation program, including—
(i)inventory and condition information on Federal lands transportation facilities and tribal transportation facilities; and
(ii)bridge inspection and inventory information on any Federal bridge open to the public.
(B)StandardsThe Secretary, in coordination with the Secretaries of the appropriate Federal land management agencies, shall define the collection and reporting data standards.
(7)Administrative expensesTo implement the activities described in this subsection, including direct support of transportation planning activities among Federal land management agencies, the Secretary may use not more than 5 percent for each fiscal year of the funds authorized for programs under sections 203 and 204.
(d)Reimbursable agreementsIn carrying out work under reimbursable agreements with any State, local, or tribal government under this title, the Secretary—
(1)may, without regard to any other provision of law (including regulations), record obligations against accounts receivable from the entity; and
(2)shall credit amounts received from the entity to the appropriate account, which shall occur not later than 90 days after the date of the original request by the Secretary for payment.
(e)Transfers
(1)In generalTo enable the efficient use of funds made available for the Federal lands transportation program and the Federal lands access program, the funds may be transferred by the Secretary within and between each program with the concurrence of, as appropriate—
(A)the Secretary;
(B)the affected Secretaries of the respective Federal land management agencies;
(C)State departments of transportation; and
(D)local government agencies.
(2)CreditThe funds described in paragraph (1) shall be credited back to the loaning entity with funds that are currently available for obligation at the time of the credit.
202.Tribal transportation program
(a)Use of funds
(1)In generalFunds made available under the tribal transportation program shall be used by the Secretary of Transportation and the Secretary of the Interior to pay the costs of—
(A)
(i)transportation planning, research, maintenance, engineering, rehabilitation, restoration, construction, and reconstruction of tribal transportation facilities;
(ii)adjacent vehicular parking areas;
(iii)interpretive signage;
(iv)acquisition of necessary scenic easements and scenic or historic sites;
(v)provisions for pedestrians and bicycles;
(vi)environmental mitigation in or adjacent to tribal land— (I)to improve public safety and reduce vehicle-caused wildlife mortality while maintaining habitat connectivity; and (II)to mitigate the damage to wildlife, aquatic organism passage, habitat, and ecosystem connectivity, including the costs of constructing, maintaining, replacing, or removing culverts and bridges, as appropriate;
(vii)construction and reconstruction of roadside rest areas, including sanitary and water facilities; and
(viii)other appropriate public road facilities as determined by the Secretary;
(B)operation and maintenance of transit programs and facilities that are located on, or provide access to, tribal land, or are administered by a tribal government; and
(C)any transportation project eligible for assistance under this title that is located within, or that provides access to, tribal land, or is associated with a tribal government.
(2)ContractIn connection with an activity described in paragraph (1), the Secretary and the Secretary of the Interior may enter into a contract or other appropriate agreement with respect to the activity with—
(A)a State (including a political subdivision of a State); or
(B)an Indian tribe.
(3)Indian laborIndian labor may be employed, in accordance with such rules and regulations as may be promulgated by the Secretary of the Interior, to carry out any construction or other activity described in paragraph (1).
(4)Federal employmentNo maximum limitation on Federal employment shall be applicable to the construction or improvement of tribal transportation facilities.
(5)Funds for construction and improvementAll funds made available for the construction and improvement of tribal transportation facilities shall be administered in conformity with regulations and agreements jointly approved by the Secretary and the Secretary of the Interior.
(6)Tribal technical assistance centersThe Secretary of the Interior may reserve amounts from administrative funds of the Bureau of Indian Affairs that are associated with the tribal transportation program to fund tribal technical assistance centers under section 504(b).
(7)Maintenance
(A)Use of fundsNotwithstanding any other provision of this title, of the amount of funds allocated to an Indian tribe from the tribal transportation program, for the purpose of maintenance (excluding road sealing, which shall not be subject to any limitation), the Secretary shall not use an amount more than the greater of—
(i)an amount equal to 25 percent; or
(ii)$500,000.
(B)Responsibility of bureau of indian affairs and Secretary of the interior
(i)Bureau of indian affairsThe Bureau of Indian Affairs shall retain primary responsibility, including annual funding request responsibility, for Bureau of Indian Affairs road maintenance programs on Indian reservations.
(ii)Secretary of the interiorThe Secretary of the Interior shall ensure that funding made available under this subsection for maintenance of tribal transportation facilities for each fiscal year is supplementary to, and not in lieu of, any obligation of funds by the Bureau of Indian Affairs for road maintenance programs on Indian reservations.
(C)Tribal-State road maintenance agreements
(i)In generalAn Indian tribe and a State may enter into a road maintenance agreement under which an Indian tribe shall assume the responsibility of the State for— (I)tribal transportation facilities; and (II)roads providing access to tribal transportation facilities.
(ii)RequirementsAgreements entered into under clause (i) shall— (I)be negotiated between the State and the Indian tribe; and (II)not require the approval of the Secretary.
(8)Cooperation
(A)In generalThe cooperation of States, counties, or other local subdivisions may be accepted in construction and improvement.
(B)Funds receivedAny funds received from a State, county, or local subdivision shall be credited to appropriations available for the tribal transportation program.
(9)Competitive bidding
(A)Construction
(i)In generalSubject to clause (ii) and subparagraph (B), construction of each project shall be performed by contract awarded by competitive bidding.
(ii)ExceptionClause (i) shall not apply if the Secretary or the Secretary of the Interior affirmatively finds that, under the circumstances relating to the project, a different method is in the public interest.
(B)ApplicabilityNotwithstanding subparagraph (A), section 23 of the Act of June 25, 1910 (25 U.S.C. 47) and section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e(b)) shall apply to all funds administered by the Secretary of the Interior that are appropriated for the construction and improvement of tribal transportation facilities.
(b)Funds distribution
(1)National tribal transportation facility inventory
(A)In generalThe Secretary of the Interior, in cooperation with the Secretary, shall maintain a comprehensive national inventory of tribal transportation facilities that are eligible for assistance under the tribal transportation program.
(B)Transportation facilities included in the inventoryFor purposes of identifying the tribal transportation system and determining the relative transportation needs among Indian tribes, the Secretary shall include, at a minimum, transportation facilities that are eligible for assistance under the tribal transportation program that an Indian tribe has requested, including facilities that—
(i)were included in the Bureau of Indian Affairs system inventory prior to October 1, 2004;
(ii)are owned by an Indian tribal government;
(iii)are owned by the Bureau of Indian Affairs;
(iv)were constructed or reconstructed with funds from the Highway Account of the Transportation Trust Fund under the Indian reservation roads program since 1983;
(v)are public roads or bridges within the exterior boundary of Indian reservations, Alaska Native villages, and other recognized Indian communities (including communities in former Indian reservations in the State of Oklahoma) in which the majority of residents are American Indians or Alaska Natives;
(vi)are public roads within or providing access to an Indian reservation or Indian trust land or restricted Indian land that is not subject to fee title alienation without the approval of the Federal Government, or Indian or Alaska Native villages, groups, or communities in which Indians and Alaska Natives reside, whom the Secretary of the Interior has determined are eligible for services generally available to Indians under Federal laws specifically applicable to Indians; or
(vii)are primary access routes proposed by tribal governments, including roads between villages, roads to landfills, roads to drinking water sources, roads to natural resources identified for economic development, and roads that provide access to intermodal terminals, such as airports, harbors, or boat landings.
(C)Limitation on primary access routesFor purposes of this paragraph, a proposed primary access route is the shortest practicable route connecting 2 points of the proposed route.
(D)Additional facilitiesNothing in this paragraph precludes the Secretary from including additional transportation facilities that are eligible for funding under the tribal transportation program in the inventory used for the national funding allocation if such additional facilities are included in the inventory in a uniform and consistent manner nationally.
(E)BridgesAll bridges in the inventory shall be recorded in the national bridge inventory administered by the Secretary under section 144.
(2)RegulationsNotwithstanding sections 563(a) and 565(a) of title 5, the Secretary of the Interior shall maintain any regulations governing the tribal transportation program.
(3)Basis for funding formula
(A)Basis
(i)In generalAfter making the set asides authorized under subsections (c), (d), and (e) on October 1 of each fiscal year, the Secretary shall distribute the remainder authorized to be appropriated for the tribal transportation program under this section among Indian tribes as follows: (I)For fiscal year 2012— (aa)for each Indian tribe, 80 percent of the total relative need distribution factor and population adjustment factor for the fiscal year 2011 funding amount made available to that Indian tribe; and (bb)the remainder using tribal shares as described in subparagraphs (B) and (C). (II)For fiscal year 2013— (aa)for each Indian tribe, 60 percent of the total relative need distribution factor and population adjustment factor for the fiscal year 2011 funding amount made available to that Indian tribe; and (bb)the remainder using tribal shares as described in subparagraphs (B) and (C). (III)For fiscal year 2014— (aa)for each Indian tribe, 40 percent of the total relative need distribution factor and population adjustment factor for the fiscal year 2011 funding amount made available to that Indian tribe; and (bb)the remainder using tribal shares as described in subparagraphs (B) and (C). (IV)For fiscal year 2015— (aa)for each Indian tribe, 20 percent of the total relative need distribution factor and population adjustment factor for the fiscal year 2011 funding amount made available to that Indian tribe; and (bb)the remainder using tribal shares as described in subparagraphs (B) and (C). (V)For fiscal year 2016 and thereafter, using tribal shares as described in subparagraphs (B) and (C).
(ii)Tribal high priority projectsThe High Priority Projects program as included in the Tribal Transportation Allocation Methodology of part 170 of title 25, Code of Federal Regulations (as in effect on the date of enactment of the MAP–21), shall not continue in effect.
(B)Tribal sharesTribal shares under this program shall be determined using the national tribal transportation facility inventory as calculated for fiscal year 2012, and the most recent data on American Indian and Alaska Native population within each Indian tribe’s American Indian/Alaska Native Reservation or Statistical Area, as computed under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.), in the following manner:
(i)30 percent in the ratio that the total eligible lane mileage in each tribe bears to the total eligible lane mileage of all American Indians and Alaskan Natives. For the purposes of this calculation— (I)eligible lane mileage shall be computed based on the inventory described in paragraph (1), using only facilities included in the inventory described in clause (i), (ii), or (iii) of paragraph (1)(B); and (II)paved roads and gravel surfaced roads are deemed to equal 2 lane miles per mile of inventory, and earth surfaced roads and unimproved roads shall be deemed to equal 1 lane mile per mile of inventory.
(ii)35 percent in the ratio that the total population in each tribe bears to the total population of all American Indians and Alaskan Natives.
(iii)35 percent shall be divided equally among each Bureau of Indian Affairs region for distribution of tribal shares as follows: (I)1/4 of 1 percent shall be distributed equally among Indian tribes with populations of 1 to 25. (II)3/4 of 1 percent shall be distributed equally among Indian tribes with populations of 26 to 100. (III)33/4 percent shall be distributed equally among Indian tribes with populations of 101 to 1,000. (IV)20 percent shall be distributed equally among Indian tribes with populations of 1,001 to 10,000. (V)743/4 percent shall be distributed equally among Indian tribes with populations of 10,001 to 60,000 where 3 or more Indian tribes occupy this category in a single Bureau of Indian Affairs region, and Bureau of Indian Affairs regions containing less than 3 Indian tribes in this category shall receive funding in accordance with subclause (IV) and clause (iv). (VI)1/2 of 1 percent shall be distributed equally among Indian tribes with populations of 60,001 or more.
(iv)For a Bureau of Indian Affairs region that has no Indian tribes meeting the population criteria under 1 or more of subclauses (I) through (VI) of clause (iii), the region shall redistribute any funds subject to such clause or clauses among any such clauses for which the region has Indian tribes meeting such criteria proportionally in accordance with the percentages listed in such clauses until such funds are completely distributed.
(C)Tribal supplemental funding
(i)Tribal supplemental funding amountOf funds made available for each fiscal year for the tribal transportation program, the Secretary shall set aside the following amount for a tribal supplemental program: (I)If the amount made available for the tribal transportation program is less than or equal to $275,000,000, 30 percent of such amount. (II)If the amount made available for the tribal transportation program exceeds $275,000,000— (aa)$82,500,000; plus (bb)12.5 percent of the amount made available for the tribal transportation program in excess of $275,000,000.
(ii)Tribal supplemental allocationThe Secretary shall distribute tribal supplemental funds as follows: (I)Distribution among regionsOf the amounts set aside under clause (i), the Secretary shall distribute to each region of the Bureau of Indian Affairs a share of tribal supplemental funds in proportion to the regional total of tribal shares based on the cumulative tribal shares of all Indian tribes within such region under subparagraph (B). (II)Distribution within a regionOf the amount that a region receives under subclause (I), the Secretary shall distribute tribal supplemental funding among Indian tribes within such region as follows: (aa)Tribal supplemental amountsThe Secretary shall determine— (AA)which such Indian tribes would be entitled under subparagraph (A) to receive in a fiscal year less funding than they would receive in fiscal year 2011 pursuant to the Tribal Transportation Allocation Methodology described in subpart C of part 170 of title 25, Code of Federal Regulations (as in effect on the date of enactment of the MAP–21); and (BB)the combined amount that such Indian tribes would be entitled to receive in fiscal year 2011 pursuant to such Tribal Transportation Allocation Methodology in excess of the amount that they would be entitled to receive in the fiscal year under subparagraph (B); and (bb)Subject to subclause (III), distribute to each Indian tribe that meets the criteria described in item (aa)(AA) a share of funding under this subparagraph in proportion to the share of the combined amount determined under item (aa)(BB) attributable to such Indian tribe. (III)CeilingAn Indian tribe may not receive under subclause (II) and based on its tribal share under subparagraph (A) a combined amount that exceeds the amount that such Indian tribe would be entitled to receive in fiscal year 2011 pursuant to the Tribal Transportation Allocation Methodology described in subpart C of part 170 of title 25, Code of Federal Regulations (as in effect on the date of enactment of the MAP–21). (IV)Other amountsIf the amount made available for a region under subclause (I) exceeds the amount distributed among Indian tribes within that region under subclause (II), the Secretary shall distribute the remainder of such region’s funding under such subclause among all Indian tribes in that region in proportion to the combined amount that each such Indian tribe received under subparagraph (A) and subclauses (I), (II), and (III).
(4)Transferred funds
(A)In generalNot later than 30 days after the date on which funds are made available to the Secretary of the Interior under this paragraph, the funds shall be distributed to, and made available for immediate use by, eligible Indian tribes, in accordance with the formula for distribution of funds under the tribal transportation program.
(B)Use of fundsNotwithstanding any other provision of this section, funds made available to Indian tribes for tribal transportation facilities shall be expended on projects identified in a transportation improvement program approved by the Secretary.
(5)Health and safety assurancesNotwithstanding any other provision of law, an Indian tribal government may approve plans, specifications, and estimates and commence road and bridge construction with funds made available from the tribal transportation program through a contract or agreement under Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), if the Indian tribal government—
(A)provides assurances in the contract or agreement that the construction will meet or exceed applicable health and safety standards;
(B)obtains the advance review of the plans and specifications from a State-licensed civil engineer that has certified that the plans and specifications meet or exceed the applicable health and safety standards; and
(C)provides a copy of the certification under subparagraph (A) to the Deputy Assistant Secretary for Tribal Government Affairs, Department of Transportation, or the Assistant Secretary for Indian Affairs, Department of the Interior, as appropriate.
(6)Contracts and agreements with indian tribes
(A)In generalNotwithstanding any other provision of law or any interagency agreement, program guideline, manual, or policy directive, all funds made available through the Secretary of the Interior under this chapter and section 125(e) for tribal transportation facilities to pay for the costs of programs, services, functions, and activities, or portions of programs, services, functions, or activities, that are specifically or functionally related to the cost of planning, research, engineering, and construction of any tribal transportation facility shall be made available, upon request of the Indian tribal government, to the Indian tribal government for contracts and agreements for such planning, research, engineering, and construction in accordance with Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).
(B)Exclusion of agency participationAll funds, including contract support costs, for programs, functions, services, or activities, or portions of programs, services, functions, or activities, including supportive administrative functions that are otherwise contractible to which subparagraph (A) applies, shall be paid in accordance with subparagraph (A), without regard to the organizational level at which the Department of the Interior has previously carried out such programs, functions, services, or activities.
(7)Contracts and agreements with indian tribes
(A)In generalNotwithstanding 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 to an Indian tribal government under this chapter for a tribal transportation facility program or project shall be made available, on the request of the Indian tribal government, to the Indian tribal government for use in carrying out, in accordance with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), contracts and agreements for the planning, research, design, engineering, construction, and maintenance relating to the program or project.
(B)Exclusion of agency participationIn accordance with subparagraph (A), all funds, including contract support costs, for a program or project to which subparagraph (A) applies shall be paid to the Indian tribal government without regard to the organizational level at which the Department of the Interior has previously carried out, or the Department of Transportation has previously carried out under the tribal transportation program, the programs, functions, services, or activities involved.
(C)ConsortiaTwo or more Indian tribes that are otherwise eligible to participate in a program or project to which this chapter applies may form a consortium to be considered as a single Indian tribe for the purpose of participating in the project under this section.
(D)Secretary as signatoryNotwithstanding any other provision of law, the Secretary is authorized to enter into a funding agreement with an Indian tribal government to carry out a tribal transportation facility program or project under subparagraph (A) that is located on an Indian reservation or provides access to the reservation or a community of the Indian tribe.
(E)FundingThe amount an Indian tribal government receives for a program or project under subparagraph (A) shall equal the sum of the funding that the Indian tribal government would otherwise receive for the program or project in accordance with the funding formula established under this subsection and such additional amounts as the Secretary determines equal the amounts that would have been withheld for the costs of the Bureau of Indian Affairs for administration of the program or project.
(F)Eligibility
(i)In generalSubject to clause (ii) and the approval of the Secretary, funds may be made available under subparagraph (A) to an Indian tribal government for a program or project in a fiscal year only if the Indian tribal government requesting such funds demonstrates to the satisfaction of the Secretary financial stability and financial management capability during the 3 fiscal years immediately preceding the fiscal year for which the request is being made.
(ii)ConsiderationsAn Indian tribal government that had no uncorrected significant and material audit exceptions in the required annual audit of the contracts or self-governance funding agreements made by the Indian tribe with any Federal agency under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) during the 3-fiscal year period referred in clause (i) shall be conclusive evidence of the financial stability and financial management capability of the Indian tribe for purposes of clause (i).
(G)Assumption of functions and dutiesAn 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.).
(H)PowersAn Indian tribal government receiving funding under subparagraph (A) for a program or project shall have all powers that the Secretary of the Interior would have exercised in administering the funds transferred to the Indian tribal government for such program or project under this section if the funds had not been transferred, except to the extent that such powers are powers that inherently cannot be legally transferred under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).
(I)Dispute resolutionIn the event of a disagreement between the Secretary or the Secretary of the Interior and an Indian tribe over whether a particular function, duty, or power may be lawfully transferred to the Indian tribe under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), the Indian tribe shall have the right to pursue all alternative dispute resolution and appeal procedures authorized by that Act, including regulations issued to carry out the Act.
(J)Termination of contract or agreementOn the date of the termination of a contract or agreement under this section by an Indian tribal government, the Secretary shall transfer all funds that would have been allocated to the Indian tribal government under the contract or agreement to the Secretary of the Interior to provide continued transportation services in accordance with applicable law.
(c)Planning
(1)In generalFor each fiscal year, not more than 2 percent of the funds made available for the tribal transportation program shall be allocated among Indian tribal governments that apply for transportation planning pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).
(2)RequirementAn Indian tribal government, in cooperation with the Secretary of the Interior and, as appropriate, with a State, local government, or metropolitan planning organization, shall carry out a transportation planning process in accordance with section 201(c).
(3)Selection and approval of projectsA project funded under this section shall be—
(A)selected by the Indian tribal government from the transportation improvement program; and
(B)subject to the approval of the Secretary of the Interior and the Secretary.
(d)Tribal transportation facility bridges
(1)Nationwide priority programThe Secretary shall maintain a nationwide priority program for improving deficient bridges eligible for the tribal transportation program.
(2)FundingBefore making any distribution under subsection (b), the Secretary shall set aside not more than 2 percent of the funds made available under the tribal transportation program for each fiscal year to be allocated—
(A)to carry out any planning, design, engineering, preconstruction, construction, and inspection of a project to replace, rehabilitate, seismically retrofit, paint, apply calcium magnesium acetate, sodium acetate/formate, or other environmentally acceptable, minimally corrosive anti-icing and deicing composition; or
(B)to implement any countermeasure for deficient tribal transportation facility bridges, including multiple-pipe culverts.
(3)Eligible bridgesTo be eligible to receive funding under this subsection, a bridge described in paragraph (1) shall—
(A)have an opening of not less than 20 feet;
(B)be classified as a tribal transportation facility; and
(C)be structurally deficient or functionally obsolete.
(4)Approval requirementThe Secretary may make funds available under this subsection for preliminary engineering, construction, and construction engineering activities after approval of required documentation and verification of eligibility in accordance with this title.
(e)Safety
(1)FundingBefore making any distribution under subsection (b), the Secretary shall set aside not more than 2 percent of the funds made available under the tribal transportation program for each fiscal year to be allocated based on an identification and analysis of highway safety issues and opportunities on tribal land, as determined by the Secretary, on application of the Indian tribal governments for eligible projects described in section 148(a)(4).
(2)Project selectionAn Indian tribal government, in cooperation with the Secretary of the Interior and, as appropriate, with a State, local government, or metropolitan planning organization, shall select projects from the transportation improvement program, subject to the approval of the Secretary and the Secretary of the Interior.
(f)Federal-aid eligible projectsBefore approving as a project on a tribal transportation facility any project eligible for funds apportioned under section 104 in a State, the Secretary shall, for projects on tribal transportation facilities, determine that the obligation of funds for the project is supplementary to and not in lieu of the obligation of a fair and equitable share of funds apportioned to the State under section 104.
203.Federal lands transportation program
(a)Use of funds
(1)In generalFunds made available under the Federal lands transportation program shall be used by the Secretary of Transportation and the Secretary of the appropriate Federal land management agency to pay the costs of—
(A)program administration, transportation planning, research, preventive maintenance, engineering, rehabilitation, restoration, construction, and reconstruction of Federal lands transportation facilities, and—
(i)adjacent vehicular parking areas;
(ii)acquisition of necessary scenic easements and scenic or historic sites;
(iii)provision for pedestrians and bicycles;
(iv)environmental mitigation in or adjacent to Federal land open to the public— (I)to improve public safety and reduce vehicle-caused wildlife mortality while maintaining habitat connectivity; and (II)to mitigate the damage to wildlife, aquatic organism passage, habitat, and ecosystem connectivity, including the costs of constructing, maintaining, replacing, or removing culverts and bridges, as appropriate;
(v)construction and reconstruction of roadside rest areas, including sanitary and water facilities;
(vi)congestion mitigation; and
(vii)other appropriate public road facilities, as determined by the Secretary;
(B)operation 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.
(2)ContractIn connection with an activity described in paragraph (1), the Secretary and the Secretary of the appropriate Federal land management agency may enter into a contract or other appropriate agreement with respect to the activity with—
(A)a State (including a political subdivision of a State); or
(B)an Indian tribe.
(3)AdministrationAll appropriations for the construction and improvement of Federal lands transportation facilities shall be administered in conformity with regulations and agreements jointly approved by the Secretary and the Secretary of the appropriate Federal land managing agency.
(4)Cooperation
(A)In generalThe cooperation of States, counties, or other local subdivisions may be accepted in construction and improvement.
(B)Funds receivedAny funds received from a State, county, or local subdivision shall be credited to appropriations available for the class of Federal lands transportation facilities to which the funds were contributed.
(5)Competitive bidding
(A)In generalSubject to subparagraph (B), construction of each project shall be performed by contract awarded by competitive bidding.
(B)ExceptionSubparagraph (A) shall not apply if the Secretary or the Secretary of the appropriate Federal land management agency affirmatively finds that, under the circumstances relating to the project, a different method is in the public interest.
(b)Agency program distributions
(1)In generalOn October 1, 2011, and on October 1 of each fiscal year thereafter, the Secretary shall allocate the sums authorized to be appropriated for the fiscal year for the Federal lands transportation program on the basis of applications of need, as determined by the Secretary—
(A)in consultation with the Secretaries of the applicable Federal land management agencies; and
(B)in coordination with the transportation plans required under section 201 of the respective transportation systems of—
(i)the National Park Service;
(ii)the Forest Service;
(iii)the United States Fish and Wildlife Service;
(iv)the Corps of Engineers; and
(v)the Bureau of Land Management.
(2)Applications
(A)RequirementsEach application submitted by a Federal land management agency shall include proposed programs at various potential funding levels, as defined by the Secretary following collaborative discussions with applicable Federal land management agencies.
(B)Consideration by SecretaryIn evaluating an application submitted under subparagraph (A), the Secretary shall consider the extent to which the programs support—
(i)the transportation goals of— (I)a state of good repair of transportation facilities; (II)a reduction of bridge deficiencies, and (III)an improvement of safety;
(ii)high-use Federal recreational sites or Federal economic generators; and
(iii)the resource and asset management goals of the Secretary of the respective Federal land management agency.
(C)Permissive contentsApplications may include proposed programs the duration of which extend over a multiple-year period to support long-term transportation planning and resource management initiatives.
(c)National Federal lands transportation facility inventory
(1)In generalThe Secretaries of the appropriate Federal land management agencies, in cooperation with the Secretary, shall maintain a comprehensive national inventory of public Federal lands transportation facilities.
(2)Transportation facilities included in the inventoriesTo identify the Federal lands transportation system and determine the relative transportation needs among Federal land management agencies, the inventories shall include, at a minimum, facilities that—
(A)provide access to high-use Federal recreation sites or Federal economic generators, as determined by the Secretary in coordination with the respective Secretaries of the appropriate Federal land management agencies; and
(B)are owned by 1 of the following agencies:
(i)The National Park Service.
(ii)The Forest Service.
(iii)The United States Fish and Wildlife Service.
(iv)The Bureau of Land Management.
(v)The Corps of Engineers.
(3)AvailabilityThe inventories shall be made available to the Secretary.
(4)UpdatesThe Secretaries of the appropriate Federal land management agencies shall update the inventories of the appropriate Federal land management agencies, as determined by the Secretary after collaborative discussions with the Secretaries of the appropriate Federal land management agencies.
(5)ReviewA decision to add or remove a facility from the inventory shall not be considered a Federal action for purposes of review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(d)Bicycle safetyThe Secretary of the appropriate Federal land management agency shall prohibit the use of bicycles on each federally owned road that has a speed limit of 30 miles per hour or greater and an adjacent paved path for use by bicycles within 100 yards of the road unless the Secretary determines that the bicycle level of service on that roadway is rated B or higher.
204.Federal lands access program
(a)Use of funds
(1)In generalFunds made available under the Federal lands access program shall be used by the Secretary of Transportation and the Secretary of the appropriate Federal land management agency to pay the cost of—
(A)transportation planning, research, engineering, preventive maintenance, rehabilitation, restoration, construction, and reconstruction of Federal lands access transportation facilities located on or adjacent to, or that provide access to, Federal land, and—
(i)adjacent vehicular parking areas;
(ii)acquisition of necessary scenic easements and scenic or historic sites;
(iii)provisions for pedestrians and bicycles;
(iv)environmental mitigation in or adjacent to Federal land— (I)to improve public safety and reduce vehicle-caused wildlife mortality while maintaining habitat connectivity; and (II)to mitigate the damage to wildlife, aquatic organism passage, habitat, and ecosystem connectivity, including the costs of constructing, maintaining, replacing, or removing culverts and bridges, as appropriate;
(v)construction and reconstruction of roadside rest areas, including sanitary and water facilities; and
(vi)other appropriate public road facilities, as determined by the Secretary;
(B)operation and maintenance of transit facilities; and
(C)any transportation project eligible for assistance under this title that is within or adjacent to, or that provides access to, Federal land.
(2)ContractIn connection with an activity described in paragraph (1), the Secretary and the Secretary of the appropriate Federal land management agency may enter into a contract or other appropriate agreement with respect to the activity with—
(A)a State (including a political subdivision of a State); or
(B)an Indian tribe.
(3)AdministrationAll appropriations for the construction and improvement of Federal lands access transportation facilities shall be administered in conformity with regulations and agreements approved by the Secretary.
(4)Cooperation
(A)In generalThe cooperation of States, counties, or other local subdivisions may be accepted in construction and improvement.
(B)Funds receivedAny funds received from a State, county, or local subdivision for a Federal lands access transportation facility project shall be credited to appropriations available under the Federal lands access program.
(5)Competitive bidding
(A)In generalSubject to subparagraph (B), construction of each project shall be performed by contract awarded by competitive bidding.
(B)ExceptionSubparagraph (A) shall not apply if the Secretary or the Secretary of the appropriate Federal land management agency affirmatively finds that, under the circumstances relating to the project, a different method is in the public interest.
(b)Program Distributions
(1)In generalFunding made available to carry out the Federal lands access program shall be allocated among those States that have Federal land, in accordance with the following formula:
(A)80 percent of the available funding for use in those States that contain at least 1 1/2 percent of the total public land in the United States managed by the agencies described in paragraph (2), to be distributed as follows:
(i)30 percent in the ratio that— (I)recreational visitation within each such State; bears to (II)the recreational visitation within all such States.
(ii)5 percent in the ratio that— (I)the Federal land area within each such State; bears to (II)the Federal land area in all such States.
(iii)55 percent in the ratio that— (I)the Federal public road miles within each such State; bears to (II)the Federal public road miles in all such States.
(iv)10 percent in the ratio that— (I)the number of Federal public bridges within each such State; bears to (II)the number of Federal public bridges in all such States.
(B)20 percent of the available funding for use in those States that do not contain at least 11/2 percent of the total public land in the United States managed by the agencies described in paragraph (2), to be distributed as follows:
(i)30 percent in the ratio that— (I)recreational visitation within each such State; bears to (II)the recreational visitation within all such States.
(ii)5 percent in the ratio that— (I)the Federal land area within each such State; bears to (II)the Federal land area in all such States.
(iii)55 percent in the ratio that— (I)the Federal public road miles within each such State; bears to (II)the Federal public road miles in all such States.
(iv)10 percent in the ratio that— (I)the number of Federal public bridges within each such State; bears to (II)the number of Federal public bridges in all such States.
(2)Data sourceData necessary to distribute funding under paragraph (1) shall be provided by the following Federal land management agencies:
(A)The National Park Service.
(B)The Forest Service.
(C)The United States Fish and Wildlife Service.
(D)The Bureau of Land Management.
(E)The Corps of Engineers.
(c)Programming decisions committee
(1)In generalProgramming decisions shall be made within each State by a committee comprised of—
(A)a representative of the Federal Highway Administration;
(B)a representative of the State Department of Transportation; and
(C)a representative of any appropriate political subdivision of the State.
(2)Consultation requirementThe committee described in paragraph (1) shall consult with each applicable Federal agency in each State before any joint discussion or final programming decision.
(3)Project preferenceIn making a programming decision under paragraph (1), the committee shall give preference to projects that provide access to, are adjacent to, or are located within high-use Federal recreation sites or Federal economic generators, as identified by the Secretaries of the appropriate Federal land management agencies.
.
(b)Public lands development roads and trailsSection 214 of title 23, United States Code, is repealed.
(c)Conforming amendments
(1)Chapter 2 analysisThe analysis for chapter 2 of title 23, United States Code, is amended:
(A)By striking the items relating to sections 201 through 204 and inserting the following:
201. Federal lands and tribal transportation programs.
202. Tribal transportation program.
203. Federal lands transportation program.
204. Federal lands access program.
.
(B)By striking the item relating to section 214.
(2)DefinitionSection 138(a) of title 23, United States Code, is amended in the third sentence by striking park road or parkway under section 204 of this title and inserting Federal lands transportation facility.
(3)Rules, regulations, and recommendationsSection 315 of title 23, United States Code, is amended by striking 204(f) and inserting 202(a)(5), 203(a)(3),.
1117.Alaska HighwaySection 218 of title 23, United States Code, is amended to read as follows:
218.Alaska Highway
(a)Definition of Alaska Marine Highway SystemIn this section, the term Alaska Marine Highway System includes each existing or planned transportation facility and equipment in the State of Alaska relating to the ferry system of the State, including the lease, purchase, or construction of vessels, terminals, docks, floats, ramps, staging areas, parking lots, bridges, and approaches thereto, and necessary roads.
(b)Authorization of Secretary
(1)In generalRecognizing 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 to Haines Junction in Canada and the Haines Cutoff Highway from Haines Junction in Canada to Haines, the Secretary is authorized, upon agreement with the State of Alaska, 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 to provide for necessary reconstruction of such highway.
(2)LimitationNo expenditures shall be made for the construction of the portion of the highways that are in located in Canada until the date on which an agreement has been reached by the Government of Canada and the Government of the United States, which shall provide in part, that the Canadian Government—
(A)will provide, without participation of funds authorized under this title, all necessary right-of-way for the construction of the highways;
(B)will not impose any highway toll, or permit any toll to be charged for the use of the highways by vehicles or persons;
(C)will not levy or assess, directly or indirectly, any fee, tax, or other charge for the use of the highways by vehicles or persons from the United States that does not apply equally to vehicles or persons of Canada;
(D)will continue to grant reciprocal recognition of vehicle registration and drivers’ licenses in accordance with agreements between the United States and Canada; and
(E)will maintain the highways after the date of completion of the highways in proper condition adequately to serve the needs of present and future traffic.
(c)Supervision of SecretaryThe survey and construction work undertaken in Canada pursuant to this section shall be under the general supervision of the Secretary.
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1118.Projects of national and regional significance
(a)Establishment of programThe Secretary shall establish a program in accordance with this section to provide grants for projects of national and regional significance.
(b)Purpose of programThe purpose of the projects of national and regional significance program shall be to fund critical high-cost surface transportation infrastructure projects that are difficult to complete with existing Federal, State, local, and private funds and that will—
(1)generate national and regional economic benefits and increase global economic competitiveness;
(2)reduce congestion and its impacts;
(3)improve roadways vital to national energy security;
(4)improve movement of freight and people; and
(5)improve transportation safety.
(c)DefinitionsIn this section:
(1)Eligible applicantThe term eligible applicant means a State department of transportation or a group of State departments of transportation, a local government, a tribal government or consortium of tribal governments, a transit agency, a port authority, a metropolitan planning organization, other political subdivisions of State or local governments, or a multi-State or multi-jurisdictional group of the aforementioned entities.
(2)Eligible projectThe term eligible project means a surface transportation project or a program of integrated surface transportation projects closely related in the function they perform that—
(A)is a capital project or projects—
(i)eligible for Federal financial assistance under title 23, United States Code, or under chapter 53 of title 49, United States Code; or
(ii)for surface transportation infrastructure to facilitate intermodal interchange, transfer, and access into and out of intermodal facilities, including ports; and
(B)has eligible project costs that are reasonably anticipated to equal or exceed the lesser of—
(i)$500,000,000;
(ii)for a project located in a single State, 30 percent of the amount of Federal-aid highway funds apportioned for the most recently completed fiscal year to the State; or
(iii)for a project located in more than 1 State, 75 percent of the amount of Federal-aid highway funds apportioned for the most recently completed fiscal year to the State in which the project is located that has the largest apportionment.
(3)Eligible project costsThe term eligible project costs means the costs of—
(A)development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities;
(B)construction, reconstruction, rehabilitation, and acquisition of real property (including land related to the project and improvements to land), environmental mitigation, construction contingencies, acquisition of equipment directly related to improving system performance, and operational improvements; and
(C)all financing costs, including subsidy costs under the Transportation Infrastructure Finance and Innovation Act program.
(d)Solicitations and applications
(1)Grant solicitationsThe Secretary shall establish criteria for project evaluation and conduct a transparent and competitive national solicitation process to select projects for funding to carry out the purposes of this section.
(2)Applications
(A)In generalAn eligible applicant seeking a grant under this section for an eligible project shall submit an application to the Secretary in such form and in accordance with such requirements as the Secretary shall establish.
(B)ContentsAn application under this subsection shall, at a minimum, include data on current system performance and estimated system improvements that will result from completion of the eligible project, including projections for 2, 7, and 15 years after completion.
(C)Resubmission of applicationsAn eligible applicant whose project is not selected by the Secretary may resubmit an application in any subsequent solicitation.
(e)Criteria for project evaluation and selection
(1)In generalThe Secretary may select a project only if the Secretary determines that the project—
(A)will significantly improve the performance of the national surface transportation network, nationally or regionally;
(B)is based on the results of preliminary engineering;
(C)cannot be readily and efficiently completed without Federal support from this program;
(D)is justified based on the ability of the project—
(i)to generate national economic benefits that reasonably exceed its costs, including increased access to jobs, labor, and other critical economic inputs;
(ii)to reduce long-term congestion, including impacts in the State, region, and Nation, and increase speed, reliability, and accessibility of the movement of people or freight; and
(iii)to improve transportation safety, including reducing transportation accidents, and serious injuries and fatalities; and
(E)is supported by an acceptable degree of non-Federal financial commitments, including evidence of stable and dependable financing sources to construct, maintain, and operate the infrastructure facility.
(2)Additional considerationsIn evaluating a project under this section, in addition to the criteria in paragraph (1), the Secretary shall consider the extent to which the project—
(A)leverages Federal investment by encouraging non-Federal contributions to the project, including contributions from public-private partnerships;
(B)is able to begin construction within 18 months of being selected;
(C)incorporates innovative project delivery and financing where practical;
(D)stimulates collaboration between States and among State and local governments;
(E)helps maintain or protect the environment;
(F)improves roadways vital to national energy security;
(G)uses innovative technologies, including intelligent transportation systems, that enhance the efficiency of the project; and
(H)contributes to an equitable geographic distribution of funds under this section and an appropriate balance in addressing the needs of urban and rural communities.
(f)Grant requirements
(1)In generalA grant for a project under this section shall be subject to the following requirements:
(A)A qualifying highway project eligible for funding under title 23, United States Code, or public transportation project eligible under chapter 53 of title 49, United States Code, shall comply with all applicable requirements of such title or chapter except that, if the project contains elements or activities that are not eligible for funding under such title or chapter but are eligible for funding under this section, the elements or activities shall comply with the requirements described in subparagraph (B).
(B)A qualifying surface transportation project not eligible under title 23, United States Code, or chapter 53 of title 49, United States Code, shall comply with the requirements of subchapter IV of chapter 31 of title 40, United States Code, section 10a–d of title 41, United States Code, and such other terms, conditions, and requirements as the Secretary determines are necessary and appropriate for the type of project.
(2)Determination of applicable modal requirementsIn the event that a project has cross-modal components, the Secretary shall have the discretion to designate the requirements that shall apply to the project based on predominant components.
(3)Other terms and conditionsThe Secretary shall require that all grants under this section be subject to all terms, conditions, and requirements that the Secretary decides are necessary or appropriate for purposes of this section, including requirements for the disposition of net increases in value of real property resulting from the project assisted under this section.
(g)Federal share of project cost
(1)In generalIf a project funded under this section is to construct or improve a privately owned facility or would primarily benefit a private entity, the Federal share shall be the lesser of 50 percent of the total project cost or the quantified public benefit of the project. For all other projects funded under this section—
(A)the Federal share of funds under this section shall be up to 50 percent of the project cost; and
(B)the project sponsor may use other eligible Federal transportation funds to cover up to an additional 30 percent of the project costs.
(2)Pre-approval costsThe Secretary may allow costs incurred prior to project approval to be used as a credit toward the non-Federal share of the cost of the project. Such costs must be adequately documented, necessary, reasonable, and allocable to the current phase of the project and such costs may not be included as a cost or used to meet cost-sharing or matching requirements of any other federally-financed project.
(h)Report to the SecretaryFor each project funded under this section, the project sponsor shall reassess system performance and report to the Secretary 2, 7, and 15 years after completion of the project to assess if the project outcomes have met pre-construction projections.
(i)Authorization of appropriationsThere is authorized to be appropriated to carry out this section, to remain available until expended, $1,000,000,000 for fiscal year 2013.
(j)Treatment of projectsNotwithstanding any other provision of law, projects funded under this section shall be treated as projects on a Federal-aid highway under chapter 1 of title 23, United States Code.
(k)Reports
(1)Secretary
(A)In generalNot 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 the criteria described in subsection (e).
(B)InclusionsThe report submitted under subparagraph (A) shall specify each criteria described in subsection (e) that the project meets.
(C)AvailabilityThe Secretary shall make available on the website of the Department the report submitted under subparagraph (A).
(2)Comptroller general
(A)AssessmentThe 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)ReportNot later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes—
(i)the process by which each project was selected;
(ii)the factors that went into the selection of each project; and
(iii)the justification for the selection of each project based on the criteria described in subsection (e).
(3)Inspector general
(A)AssessmentThe Inspector General of the Department shall conduct an assessment of the establishment, solicitation, selection, and justification process with respect to the funding of projects under this section.
(B)Initial ReportNot later than 2 years after the date of enactment of this Act, the Inspector General of the Department 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 initial results of the assessment conducted under subparagraph (A).
(C)Final ReportNot later than 4 years after the date of enactment of this Act, the Inspector General of the Department 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 final report that describes the findings of the Inspector General of the Department with respect to the assessment conducted under subparagraph (A).
(l)Regulations
(1)In generalNot later than 1 year after the date of enactment of this Act, the Secretary shall promulgate final regulations implementing the program authorized under this section.
(2)Interim provisionsUntil the date on which the Secretary promulgates final regulations under paragraph (1), any amounts made available under subsection (i) to carry out this section shall be distributed in accordance with—
(A)the guidance and policies developed for the distribution of grants under the program using the notice of funding availability entitled Notice of Funding Availability for the Department of Transportation’s National Infrastructure Investments Under the Full-Year Continuing Appropriations, 2012; and Request for Comments (77 Fed. Reg. 4863 (January 31, 2012)); or
(B)such guidance and policies as subsequently revised and updated.
1119.Construction of ferry boats and ferry terminal facilities
(a)Construction of ferry boats and ferry terminal facilitiesSection 147 of title 23, United States Code, is amended—
(1)by striking subsections (c), (d), and (e);
(2)by redesignating subsection (f) as subsection (g); and
(3)by inserting after subsection (b) the following:
(c)Distribution of fundsOf the amounts made available to ferry systems and public entities responsible for developing ferries under this section for a fiscal year, 100 percent shall be allocated in accordance with the formula set forth in subsection (d).
(d)FormulaOf the amounts allocated pursuant to subsection (c)—
(1)20 percent shall be allocated among eligible entities in the proportion that—
(A)the number of ferry passengers carried by each ferry system in the most recent fiscal year; bears to
(B)the number of ferry passengers carried by all ferry systems in the most recent fiscal year;
(2)50 percent shall be allocated among eligible entities in the proportion that—
(A)the number of vehicles carried by each ferry system in the most recent fiscal year; bears to
(B)the number of vehicles carried by all ferry systems in the most recent fiscal year; and
(3)30 percent shall be allocated among eligible entities in the proportion that—
(A)the total route miles serviced by each ferry system; bears to
(B)the total route miles serviced by all ferry systems.
(e)Ferry boat coordination team
(1)EstablishmentThe Secretary shall establish within the Federal Highway Administration a Ferry Boat Coordination Team to carry out paragraph (2).
(2)PurposesThe purposes of the ferry boat coordination team shall be—
(A)to coordinate Federal programs affecting ferry and ferry facility construction, maintenance, operations, and security; and
(B)to promote transportation by ferry as a component of the United States transportation system.
(3)FunctionsThe ferry boat coordination team shall—
(A)coordinate programs relating to ferry transportation carried out by—
(i)the Department of Transportation, including programs carried out by the Federal Highway Administration, the Federal Transit Administration, the Maritime Administration, and the Research and Innovative Technology Administration;
(ii)the Department of Homeland Security; and
(iii)other Federal and State agencies, as appropriate;
(B)ensure resource accountability for programs carried out by the Secretary relating to ferry transportation;
(C)provide strategic leadership for research, development, testing, and deployment of technologies relating to ferry transportation; and
(D)promote ferry transportation as a means to reduce costs associated with traffic congestion.
(f)Authorization of appropriationsThere is authorized to be appropriated to carry out this section $67,000,000 for each of fiscal years 2012 and 2013.
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(b)National ferry databaseSection 1801(e) of the SAFETEA–LU (23 U.S.C. 129 note; Public Law 109–59) is amended—
(1)in paragraph (2), by inserting , including any Federal, State, and local government funding sources, after sources; and
(2)in paragraph (4)—
(A)in subparagraph (B), by striking and at the end;
(B)by redesignating subparagraph (C) as subparagraph (D);
(C)by inserting after subparagraph (B), the following:
(C)ensure that the database is consistent with the national transit database maintained by the Federal Transit Administration; and
; and
(D)in subparagraph (D) (as redesignated by subparagraph (B)), by striking 2009 and inserting 2013.
BPerformance management
1201.Metropolitan transportation planningSection 134 of title 23, United States Code, is amended to read as follows:
134.Metropolitan transportation planning
(a)PolicyIt is in the national interest—
(1)to encourage and promote the safe, cost-effective, and efficient management, operation, and development of surface transportation systems that will serve efficiently the mobility needs of individuals and freight, reduce transportation-related fatalities and serious injuries, and foster economic growth and development within and between States and urbanized areas, while fitting the needs and complexity of individual communities, maximizing value for taxpayers, leveraging cooperative investments, and minimizing transportation-related fuel consumption and air pollution through the metropolitan and statewide transportation planning processes identified in this title;
(2)to encourage the continued improvement, evolution, and coordination of the metropolitan and statewide transportation planning processes by and among metropolitan planning organizations, State departments of transportation, regional planning organizations, interstate partnerships, and public transportation and intercity service operators as guided by the planning factors identified in subsection (h) of this section and section 135(d);
(3)to encourage and promote transportation needs and decisions that are integrated with other planning needs and priorities; and
(4)to maximize the effectiveness of transportation investments.
(b)DefinitionsIn this section and section 135, the following definitions shall apply:
(1)Existing MPOThe term existing MPO means a metropolitan planning organization that was designated as a metropolitan planning organization on the day before the date of enactment of the MAP–21.
(2)Local officialThe term local official means any elected or appointed official of general purpose local government with responsibility for transportation in a designated area.
(3)Maintenance areaThe term maintenance area means an area that was designated as an air quality nonattainment area, but was later redesignated by the Administrator of the Environmental Protection Agency as an air quality attainment area, under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)).
(4)Metropolitan planning areaThe term metropolitan planning area means a geographical area determined by agreement between the metropolitan planning organization for the area and the applicable Governor under subsection (c).
(5)Metropolitan planning organizationThe term metropolitan planning organization means the policy board of an organization established pursuant to subsection (c).
(6)Metropolitan transportation planThe term metropolitan transportation plan means a plan developed by a metropolitan planning organization under subsection (i).
(7)Nonattainment areaThe term nonattainment area has the meaning given the term in section 171 of the Clean Air Act (42 U.S.C. 7501).
(8)Nonmetropolitan area
(A)In generalThe term nonmetropolitan area means a geographical area outside the boundaries of a designated metropolitan planning area.
(B)InclusionsThe term nonmetropolitan area includes—
(i)a small urbanized area with a population of more than 50,000, but fewer than 200,000, individuals, as calculated according to the most recent decennial census; and
(ii)a nonurbanized area.
(9)Nonmetropolitan planning organizationThe term nonmetropolitan planning organization means an organization that—
(A)was designated as a metropolitan planning organization as of the day before the date of enactment of the MAP–21; and
(B)is not designated as a tier I MPO or tier II MPO.
(10)Regionally significantThe term regionally significant, with respect to a transportation project, program, service, or strategy, means a project, program, service, or strategy that—
(A)serves regional transportation needs (such as access to and from the area outside of the region, major activity centers in the region, and major planned developments); and
(B)would normally be included in the modeling of a transportation network of a metropolitan area.
(11)Rural planning organizationThe term ‘rural planning organization’ means an organization that—
(A)is responsible for the planning, coordination, and implementation of statewide transportation plans and programs outside of a metropolitan area, with an emphasis on addressing the needs of rural areas of the State; and
(B)is not designated as a tier I or tier II metropolitan planning organization or a nonmetropolitan planning organization.
(12)Statewide transportation improvement programThe term statewide transportation improvement program means a statewide transportation improvement program developed by a State under section 135(g).
(13)Statewide transportation planThe term statewide transportation plan means a plan developed by a State under section 135(f).
(14)Tier I MPOThe term ‘tier I MPO’ means a metropolitan planning organization designated as a tier I MPO under subsection (e)(4)(A).
(15)Tier II MPOThe term ‘tier II MPO’ means a metropolitan planning organization designated as a tier I MPO under subsection (e)(4)(B).
(16)Transportation improvement programThe term transportation improvement program means a program developed by a metropolitan planning organization under subsection (j).
(17)Urbanized areaThe term urbanized area means a geographical area with a population of 50,000 or more individuals, as calculated according to the most recent decennial census.
(c)Designation of metropolitan planning organizations
(1)In generalTo carry out the metropolitan transportation planning process under this section, a metropolitan planning organization shall be designated for each urbanized area with a population of 200,000 or more individuals, as calculated according to the most recent decennial census—
(A)by agreement between the applicable Governor and local officials that, in the aggregate, represent at least 75 percent of the affected population (including the largest incorporated city (based on population), as calculated according to the most recent decennial census); or
(B)in accordance with procedures established by applicable State or local law.
(2)Small urbanized areasTo carry out the metropolitan transportation planning process under this section, a metropolitan planning organization may be designated for any urbanized area with a population of 50,000 or more individuals, but fewer than 200,000 individuals, as calculated according to the most recent decennial census—
(A)by agreement between the applicable Governor and local officials that, in the aggregate, represent at least 75 percent of the affected population (including the largest incorporated city (based on population), as calculated according to the most recent decennial census); and
(B)with the consent of the Secretary, based on a finding that the resulting metropolitan planning organization has met the minimum requirements under subsection (e)(4)(B).
(3)StructureNot later than 1 year after the date of enactment of the MAP–21, a metropolitan planning organization shall consist of—
(A)elected local officials in the relevant metropolitan area;
(B)officials of public agencies that administer or operate major modes of transportation in the relevant metropolitan area, including providers of public transportation; and
(C)appropriate State officials.
(4)Effect of subsectionNothing in this subsection interferes with any authority under any State law in effect on December 18, 1991, of a public agency with multimodal transportation responsibilities—
(A)to develop the metropolitan transportation plans and transportation improvement programs for adoption by a metropolitan planning organization; or
(B)to develop capital plans, coordinate public transportation services and projects, or carry out other activities pursuant to State law.
(5)Continuing designation
(A)Population of 200,000 or moreA designation of an existing MPO for an urbanized area with a population of 200,000 or more individuals, as calculated according to the most recent decennial census, shall remain in effect—
(i)for the period during which the structure of the existing MPO complies with the requirements of paragraph (1); or
(ii)until the date on which the existing MPO is redesignated under paragraph (6); and
(B)Population of fewer than 200,000
(i)In generalA designation of an existing MPO for an urbanized area with a population of fewer than 200,000 individuals, as calculated according to the most recent decennial census, shall remain in effect until the date on which the existing MPO is redesignated under paragraph (6) unless— (I)the existing MPO requests that its planning responsibilities be transferred to the State or to another planning organization designated by the State; or (II)the Secretary determines 3 years after the date on which the Secretary issues a rule pursuant to subsection (e)(4)(B)(i), that the existing MPO is not meeting the minimum requirements established by the rule.
(ii)JustificationThe Secretary shall, in a timely manner, provide a substantive written justification to each metropolitan planning organization that is the subject of a negative determination of the Secretary under clause (i)(II).
(C)ExtensionIf a metropolitan planning organization for an urbanized area with a population of less than 200,000 that would otherwise be terminated under subparagraph (B), requests a probationary continuation before the termination of the metropolitan planning organization, the Secretary shall—
(i)delay the termination of the metropolitan planning organization under subparagraph (B) for a period of 1 year;
(ii)provide additional technical assistance to all metropolitan planning organizations provided an extension under this paragraph to assist the metropolitan planning organization in meeting the minimum requirements under subsection (e)(4)(B)(i); and
(iii)make a determination not later than 1 year after the date on which the Secretary issues an extension, regardless of whether the metropolitan planning organization has met the minimum requirements established under subsection (e)(4)(B)(ii).
(D)Designation as tier ii mpoIf the Secretary determines that the existing MPO has met the minimum requirements under the rule issued under subsection (e)(4)(B)(i), the Secretary shall designate the existing MPO as a tier II MPO.
(6)Redesignation
(A)In generalThe designation of a metropolitan planning organization under this subsection shall remain in effect until the date on which the metropolitan planning organization is redesignated, as appropriate, in accordance with the requirements of this subsection pursuant to an agreement between—
(i)the applicable Governor; and
(ii)affected local officials who, in the aggregate, represent at least 75 percent of the existing metropolitan planning area population (including the largest incorporated city (based on population), as calculated according to the most recent decennial census).
(B)RestructuringA metropolitan planning organization may be restructured to meet the requirements of paragraph (3) without undertaking a redesignation.
(7)Absence of designation
(A)In generalA metropolitan planning organization that is the subject of a negative determination of the Secretary under paragraph (5)(B)(ii) shall submit to the State in which the metropolitan planning organization is located, or to a planning organization designated by the State, by not later than 180 days after the date on which a notice of the negative determination is received, a 6-month plan that includes a description of a method—
(i)to transfer the responsibilities of the metropolitan planning organization to the State; and
(ii)to dissolve the metropolitan planning organization.
(B)Action on dissolutionOn submission of a plan under subparagraph (A), the metropolitan planning area served by the applicable metropolitan planning organization shall—
(i)continue to receive metropolitan transportation planning funds until the earlier of— (I)the date of dissolution of the metropolitan planning organization; and (II)the date that is 4 years after the date of enactment of the MAP–21; and
(ii)be treated by the State as a nonmetropolitan area for purposes of this title.
(8)Designation of multiple MPOs
(A)In generalMore than 1 metropolitan planning organization may be designated within an existing metropolitan planning area only if the applicable Governor and an existing MPO determine that the size and complexity of the existing metropolitan planning area make the designation of more than 1 metropolitan planning organization for the metropolitan planning area appropriate.
(B)Service jurisdictionsIf more than 1 metropolitan planning organization is designated for an existing metropolitan planning area under subparagraph (A), the existing metropolitan planning area shall be split into multiple metropolitan planning areas, each of which shall be served by the existing MPO or a new metropolitan planning organization.
(C)Tier designationThe tier designation of each metropolitan planning organization subject to a designation under this paragraph shall be determined based on the size of each respective metropolitan planning area, in accordance with subsection (e)(4).
(d)Metropolitan planning area boundaries
(1)In generalFor purposes of this section, the boundaries of a metropolitan planning area shall be determined by agreement between the applicable metropolitan planning organization and the Governor of the State in which the metropolitan planning area is located.
(2)Included areaEach metropolitan planning area—
(A)shall encompass at least the relevant existing urbanized area and any contiguous area expected to become urbanized within a 20-year forecast period under the applicable metropolitan transportation plan; and
(B)may encompass the entire relevant metropolitan statistical area, as defined by the Office of Management and Budget.
(3)Identification of new urbanized areasThe designation by the Bureau of the Census of a new urbanized area within the boundaries of an existing metropolitan planning area shall not require the redesignation of the relevant existing MPO.
(4)Nonattainment and maintenance areas
(A)Existing metropolitan planning areas
(i)In generalExcept as provided in clause (ii), notwithstanding paragraph (2), in the case of an urbanized area designated as a nonattainment area or maintenance area as of the date of enactment of the MAP–21, the boundaries of the existing metropolitan planning area as of that date of enactment shall remain in force and effect.
(ii)ExceptionNotwithstanding clause (i), the boundaries of an existing metropolitan planning area described in that clause may be adjusted by agreement of the applicable Governor and the affected metropolitan planning organizations in accordance with paragraph (1).
(B)New metropolitan planning areasIn the case of an urbanized area designated as a nonattainment area or maintenance area after the date of enactment of the MAP–21, the boundaries of the applicable metropolitan planning area—
(i)shall be established in accordance with subsection (c)(1);
(ii)shall encompass the areas described in paragraph (2)(A);
(iii)may encompass the areas described in paragraph (2)(B); and
(iv)may address any appropriate nonattainment area or maintenance area.
(e)Requirements
(1)Development of plans and TIPsTo accomplish the policy objectives described in subsection (a), each metropolitan planning organization, in cooperation with the applicable State and public transportation operators, shall develop metropolitan transportation plans and transportation improvement programs for metropolitan planning areas of the State through a performance-driven, outcome-based approach to metropolitan transportation planning consistent with subsection (h).
(2)ContentsThe metropolitan transportation plans and transportation improvement programs for each metropolitan area shall provide for the development and integrated management and operation of transportation systems and facilities (including accessible pedestrian walkways, bicycle transportation facilities, and intermodal facilities that support intercity transportation) that will function as—
(A)an intermodal transportation system for the metropolitan planning area; and
(B)an integral part of an intermodal transportation system for the applicable State and the United States.
(3)Process of developmentThe process for developing metropolitan transportation plans and transportation improvement programs shall—
(A)provide for consideration of all modes of transportation; and
(B)be continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity of the transportation needs to be addressed.
(4)Tiering
(A)Tier I MPOs
(i)In generalA metropolitan planning organization shall be designated as a tier I MPO if— (I)as certified by the Governor of each applicable State, the metropolitan planning organization operates within, and primarily serves, a metropolitan planning area with a population of 1,000,000 or more individuals, as calculated according to the most recent decennial census; and (II)the Secretary determines the metropolitan planning organization— (aa)meets the minimum technical requirements under clause (iv); and (bb)not later than 2 years after the date of enactment of the MAP–21, will fully implement the processes described in subsections (h) though (j).
(ii)Absence of designationIn the absence of designation as a tier I MPO under clause (i), a metropolitan planning organization shall operate as a tier II MPO until the date on which the Secretary determines the metropolitan planning organization can meet the minimum technical requirements under clause (iv).
(iii)Redesignation as tier IA metropolitan planning organization operating within a metropolitan planning area with a population of 200,000 or more and fewer than 1,000,000 individuals and primarily within urbanized areas with populations of 200,000 or more individuals, as calculated according to the most recent decennial census, that is designated as a tier II MPO under subparagraph (B) may request, with the support of the applicable Governor, a redesignation as a tier I MPO on a determination by the Secretary that the metropolitan planning organization has met the minimum technical requirements under clause (iv).
(iv)Minimum technical requirementsNot later than 1 year after the date of enactment of the MAP–21, the Secretary shall issue a rule that establishes the minimum technical requirements necessary for a metropolitan planning organization to be designated as a tier I MPO, including, at a minimum, modeling, data, staffing, and other technical requirements.
(B)Tier II MPOs
(i)In generalNot later than 1 year after the date of enactment of the MAP–21, the Secretary shall issue a rule that establishes minimum requirements necessary for a metropolitan planning organization to be designated as a tier II MPO.
(ii)RequirementsThe minimum requirements established under clause (i) shall— (I)be limited to ensuring that each metropolitan planning organization has the capabilities necessary to develop the metropolitan transportation plan and transportation improvement program under this section; and (II)include— (aa)only the staffing capabilities necessary to operate the metropolitan planning organization; and (bb)a requirement that the metropolitan planning organization has the technical capacity to conduct the travel demand model and forecasting necessary, as appropriate based on the size and resources of the metropolitan planning organization, to fulfill the requirements of this section, except that in cases in which a metropolitan planning organization has a formal agreement with a State to conduct the modeling on behalf of the metropolitan planning organization, the metropolitan planning organization shall be exempt from the technical capacity requirement.
(iii)LimitationThe rule issued pursuant to this subparagraph shall only include the minimum requirements established under clause (ii).
(iv)InclusionA metropolitan planning organization operating primarily within an urbanized area with a population of 200,000 or more individuals, as calculated according to the most recent decennial census, and that does not qualify as a tier I MPO under subparagraph (A)(i), shall— (I)be designated as a tier II MPO; and (II)follow the processes under subsection (k).
(C)Consolidation
(i)In generalMetropolitan planning organizations operating within contiguous, adjacent, or geographically linked urbanized areas may elect to consolidate in order to meet the population thresholds required to achieve designation as a tier I or tier II MPO under this paragraph.
(ii)Effect of subsectionNothing in this subsection requires or prevents consolidation among multiple metropolitan planning organizations located within a single urbanized area.
(f)Coordination in multistate areas
(1)In generalThe Secretary shall encourage each Governor with responsibility for a portion of a multistate metropolitan area and the appropriate metropolitan planning organizations to provide coordinated transportation planning for the entire metropolitan area.
(2)Coordination along designated transportation corridorsThe Secretary shall encourage each Governor with responsibility for a portion of a multistate metropolitan area and the appropriate metropolitan planning organizations to provide coordinated transportation planning for the entire designated transportation corridor.
(3)Coordination with interstate compactsThe Secretary shall encourage metropolitan planning organizations to take into consideration, during the development of metropolitan transportation plans and transportation improvement programs, any relevant transportation studies concerning planning for regional transportation (including high-speed and intercity rail corridor studies, commuter rail corridor studies, intermodal terminals, and interstate highways) in support of freight, intercity, or multistate area projects and services that have been developed pursuant to interstate compacts or agreements, or by organizations established under section 135.
(g)Engagement in metropolitan transportation plan and TIP development
(1)Nonattainment and maintenance areasIf more than 1 metropolitan planning organization has authority within a metropolitan area, nonattainment area, or maintenance area, each metropolitan planning organization shall consult with all other metropolitan planning organizations designated for the metropolitan area, nonattainment area, or maintenance area and the State in the development of metropolitan transportation plans and transportation improvement programs under this section.
(2)Transportation improvements located in multiple metropolitan planning areasIf a transportation improvement project funded under this title or chapter 53 of title 49 is located within the boundaries of more than 1 metropolitan planning area, the affected metropolitan planning organizations shall coordinate metropolitan transportation plans and transportation improvement programs regarding the project.
(3)Coordination of adjacent planning organizations
(A)In generalA metropolitan planning organization that is adjacent or located in reasonably close proximity to another metropolitan planning organization shall coordinate with that metropolitan planning organization with respect to planning processes, including preparation of metropolitan transportation plans and transportation improvement programs, to the maximum extent practicable.
(B)Nonmetropolitan planning organizationsA metropolitan planning organization that is adjacent or located in reasonably close proximity to a nonmetropolitan planning organization shall consult with that nonmetropolitan planning organization with respect to planning processes, to the maximum extent practicable.
(4)Relationship with other planning officials
(A)In generalThe Secretary shall encourage each metropolitan planning organization to cooperate with Federal, tribal, State, and local officers and entities responsible for other types of planning activities that are affected by transportation in the relevant area (including planned growth, economic development, infrastructure services, housing, other public services, nonmotorized users, environmental protection, airport operations, high-speed and intercity passenger rail, freight rail, port access, and freight movements), to the maximum extent practicable, to ensure that the metropolitan transportation planning process, metropolitan transportation plans, and transportation improvement programs are developed in cooperation with other related planning activities in the area.
(B)InclusionCooperation under subparagraph (A) shall include the design and delivery of transportation services within the metropolitan area that are provided by—
(i)recipients of assistance under sections 202, 203, and 204;
(ii)recipients of assistance under chapter 53 of title 49;
(iii)government agencies and nonprofit organizations (including representatives of the agencies and organizations) that receive Federal assistance from a source other than the Department of Transportation to provide nonemergency transportation services; and
(iv)sponsors of regionally significant programs, projects, and services that are related to transportation and receive assistance from any public or private source.
(5)Coordination of other federally required planning programsThe Secretary shall encourage each metropolitan planning organization to coordinate, to the maximum extent practicable, the development of metropolitan transportation plans and transportation improvement programs with other relevant federally required planning programs.
(h)Scope of planning process
(1)In generalThe metropolitan transportation planning process for a metropolitan planning area under this section shall provide for consideration of projects and strategies that will—
(A)support the economic vitality of the metropolitan area, especially by enabling global competitiveness, travel and tourism (where applicable), productivity, and efficiency;
(B)increase the safety of the transportation system for motorized and nonmotorized users;
(C)increase the security of the transportation system for motorized and nonmotorized users;
(D)increase the accessibility and mobility of individuals and freight;
(E)protect and enhance the environment, promote energy conservation, improve the quality of life, and promote consistency between transportation improvements and State and local planned growth and economic development patterns;
(F)enhance the integration and connectivity of the transportation system, across and between modes, for individuals and freight;
(G)increase efficient system management and operation; and
(H)emphasize the preservation of the existing transportation system.
(2)Performance-based approach
(A)In generalThe metropolitan transportation planning process shall provide for the establishment and use of a performance-based approach to transportation decisionmaking to support the national goals described in section 150(b) of this title and in section 5301(c) of title 49.
(B)Performance targets
(i)Surface transportation performance targets (I)In generalEach metropolitan planning organization shall establish performance targets that address the performance measures described in sections 119(f), 148(h), 149(k), where applicable, and 167(i) to use in tracking attainment of critical outcomes for the region of the metropolitan planning organization. (II)CoordinationSelection of performance targets by a metropolitan planning organization shall be coordinated with the relevant State to ensure consistency, to the maximum extent practicable.
(ii)Public transportation performance targetsEach metropolitan planning organization shall adopt the performance targets identified by providers of public transportation pursuant to sections 5326(c) and 5329(d) of title 49, for use in tracking attainment of critical outcomes for the region of the metropolitan planning organization.
(C)TimingEach metropolitan planning organization shall establish the performance targets under subparagraph (B) not later than 90 days after the date on which the relevant State or provider of public transportation establishes the performance targets.
(D)Integration of other performance-based plansA metropolitan planning organization shall integrate in the metropolitan transportation planning process, directly or by reference, the goals, objectives, performance measures, and targets described in other State plans and processes, as well as asset management and safety plans developed by providers of public transportation, required as part of a performance-based program, including plans such as—
(i)the State National Highway System asset management plan;
(ii)asset management plans developed by providers of public transportation;
(iii)the State strategic highway safety plan;
(iv)safety plans developed by providers of public transportation;
(v)the congestion mitigation and air quality performance plan, where applicable;
(vi)the national freight strategic plan; and
(vii)the statewide transportation plan.
(E)Use of performance measures and targetsThe performance measures and targets established under this paragraph shall be used, at a minimum, by the relevant metropolitan planning organization as the basis for development of policies, programs, and investment priorities reflected in the metropolitan transportation plan and transportation improvement program.
(3)Failure to consider factorsThe failure to take into consideration 1 or more of the factors specified in paragraphs (1) and (2) shall not be subject to review by any court under this title, chapter 53 of title 49, subchapter II of chapter 5 of title 5, or chapter 7 of title 5 in any matter affecting a metropolitan transportation plan, a transportation improvement program, a project or strategy, or the certification of a planning process.
(4)Participation by interested parties
(A)In generalEach metropolitan planning organization shall provide to affected individuals, public agencies, and other interested parties (including State representatives of nonmotorized users) notice and a reasonable opportunity to comment on the metropolitan transportation plan and transportation improvement program and any relevant scenarios.
(B)Contents of participation planEach metropolitan planning organization shall establish a participation plan that—
(i)is developed in consultation with interested parties and local officials; and
(ii)provides that interested parties and local officials shall have reasonable opportunities to comment on the contents of the metropolitan transportation plan of the metropolitan planning organization.
(C)MethodsIn carrying out subparagraph (A), the metropolitan planning organization shall, to the maximum extent practicable—
(i)develop the metropolitan transportation plan and transportation improvement program in consultation with interested parties, as appropriate, including by the formation of advisory groups representative of the community and interested parties (including State representatives of nonmotorized users) that participate in the development of the metropolitan transportation plan and transportation improvement program;
(ii)hold any public meetings at times and locations that are, as applicable— (I)convenient; and (II)in compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.);
(iii)employ visualization techniques to describe metropolitan transportation plans and transportation improvement programs; and
(iv)make public information available in appropriate electronically accessible formats and means, such as the Internet, to afford reasonable opportunity for consideration of public information under subparagraph (A).
(i)Development of metropolitan transportation plan
(1)Development
(A)In generalExcept as provided in subparagraph (B), not later than 5 years after the date of enactment of the MAP–21, and not less frequently than once every 5 years thereafter, each metropolitan planning organization shall prepare and update, respectively, a metropolitan transportation plan for the relevant metropolitan planning area in accordance with this section.
(B)ExceptionsA metropolitan planning organization shall prepare or update, as appropriate, the metropolitan transportation plan not less frequently than once every 4 years if the metropolitan planning organization is operating within—
(i)a nonattainment area; or
(ii)a maintenance area.
(2)Other requirementsA metropolitan transportation plan under this section shall—
(A)be in a form that the Secretary determines to be appropriate;
(B)have a term of not less than 20 years; and
(C)contain, at a minimum—
(i)an identification of the existing transportation infrastructure, including highways, local streets and roads, bicycle and pedestrian facilities, public transportation facilities and services, commuter rail facilities and services, high-speed and intercity passenger rail facilities and services, freight facilities (including freight railroad and port facilities), multimodal and intermodal facilities, and intermodal connectors that, evaluated in the aggregate, function as an integrated metropolitan transportation system;
(ii)a description of the performance measures and performance targets used in assessing the existing and future performance of the transportation system in accordance with subsection (h)(2);
(iii)a description of the current and projected future usage of the transportation system, including a projection based on a preferred scenario, and further including, to the extent practicable, an identification of existing or planned transportation rights-of-way, corridors, facilities, and related real properties;
(iv)a system performance report evaluating the existing and future condition and performance of the transportation system with respect to the performance targets described in subsection (h)(2) and updates in subsequent system performance reports, including— (I)progress achieved by the metropolitan planning organization in meeting the performance targets in comparison with system performance recorded in previous reports; (II)an accounting of the performance of the metropolitan planning organization on outlay of obligated project funds and delivery of projects that have reached substantial completion in relation to— (aa)the projects included in the transportation improvement program; and (bb)the projects that have been removed from the previous transportation improvement program; and (III)when appropriate, an analysis of how the preferred scenario has improved the conditions and performance of the transportation system and how changes in local policies, investments, and growth have impacted the costs necessary to achieve the identified performance targets;
(v)recommended strategies and investments for improving system performance over the planning horizon, including transportation systems management and operations strategies, maintenance strategies, demand management strategies, asset management strategies, capacity and enhancement investments, State and local economic development and land use improvements, intelligent transportation systems deployment, and technology adoption strategies, as determined by the projected support of the performance targets described in subsection (h)(2);
(vi)recommended strategies and investments to improve and integrate disability-related access to transportation infrastructure, including strategies and investments based on a preferred scenario, when appropriate;
(vii)investment priorities for using projected available and proposed revenues over the short- and long-term stages of the planning horizon, in accordance with the financial plan required under paragraph (4);
(viii)a description of interstate compacts entered into in order to promote coordinated transportation planning in multistate areas, if applicable;
(ix)an optional illustrative list of projects containing investments that— (I)are not included in the metropolitan transportation plan; but (II)would be so included if resources in addition to the resources identified in the financial plan under paragraph (4) were available;
(x)a discussion (developed in consultation with Federal, State, and tribal wildlife, land management, and regulatory agencies) of types of potential environmental and stormwater mitigation activities and potential areas to carry out those activities, including activities that may have the greatest potential to restore and maintain the environmental functions affected by the metropolitan transportation plan; and
(xi)recommended strategies and investments, including those developed by the State as part of interstate compacts, agreements, or organizations, that support intercity transportation.
(3)Scenario development
(A)In generalWhen preparing the metropolitan transportation plan, the metropolitan planning organization may, while fitting the needs and complexity of its community, develop multiple scenarios for consideration as a part of the development of the metropolitan transportation plan, in accordance with subparagraph (B).
(B)Components of scenariosThe scenarios—
(i)shall include potential regional investment strategies for the planning horizon;
(ii)shall include assumed distribution of population and employment;
(iii)may include a scenario that, to the maximum extent practicable, maintains baseline conditions for the performance measures identified in subsection (h)(2);
(iv)may include a scenario that improves the baseline conditions for as many of the performance measures identified in subsection (h)(2) as possible;
(v)shall be revenue constrained based on the total revenues expected to be available over the forecast period of the plan; and
(vi)may include estimated costs and potential revenues available to support each scenario.
(C)MetricsIn addition to the performance measures identified in subsection (h)(2), scenarios developed under this paragraph may be evaluated using locally-developed metrics for the following categories:
(i)Congestion and mobility, including transportation use by mode.
(ii)Freight movement.
(iii)Safety.
(iv)Efficiency and costs to taxpayers.
(4)Financial planA financial plan referred to in paragraph (2)(C)(vii) shall—
(A)be prepared by each metropolitan planning organization to support the metropolitan transportation plan; and
(B)contain a description of each of the following:
(i)Projected resource requirements for implementing projects, strategies, and services recommended in the metropolitan transportation plan, including existing and projected system operating and maintenance needs, proposed enhancement and expansions to the system, projected available revenue from Federal, State, local, and private sources, and innovative financing techniques to finance projects and programs.
(ii)The projected difference between costs and revenues, and strategies for securing additional new revenue (such as by capture of some of the economic value created by any new investment).
(iii)Estimates of future funds, to be developed cooperatively by the metropolitan planning organization, any public transportation agency, and the State, that are reasonably expected to be available to support the investment priorities recommended in the metropolitan transportation plan.
(iv)Each applicable project only if full funding can reasonably be anticipated to be available for the project within the time period contemplated for completion of the project.
(5)Coordination with Clean Air Act agenciesThe metropolitan planning organization for any metropolitan area that is a nonattainment area or maintenance area shall coordinate the development of a transportation plan with the process for development of the transportation control measures of the State implementation plan required by the Clean Air Act (42 U.S.C. 7401 et seq.).
(6)PublicationOn approval by the relevant metropolitan planning organization, a metropolitan transportation plan involving Federal participation shall be, at such times and in such manner as the Secretary shall require—
(A)published or otherwise made readily available by the metropolitan planning organization for public review, including (to the maximum extent practicable) in electronically accessible formats and means, such as the Internet; and
(B)submitted for informational purposes to the applicable Governor.
(7)Consultation
(A)In generalIn each metropolitan area, the metropolitan planning organization shall consult, as appropriate, with Federal, tribal, State, and local agencies responsible for land use management, natural resources, environmental protection, conservation, and historic preservation concerning the development of a metropolitan transportation plan.
(B)IssuesThe consultation under subparagraph (A) shall involve, as available, consideration of—
(i)metropolitan transportation plans with Federal, tribal, State, and local conservation plans or maps; and
(ii)inventories of natural or historic resources.
(8)Selection of projects from illustrative listNotwithstanding paragraph (4), a State or metropolitan planning organization shall not be required to select any project from the illustrative list of additional projects included in the metropolitan transportation plan under paragraph (2)(C)(ix).
(j)Transportation improvement program
(1)Development
(A)In generalIn cooperation with the applicable State and any affected public transportation operator, the metropolitan planning organization designated for a metropolitan area shall develop a transportation improvement program for the metropolitan planning area that—
(i)contains projects consistent with the current metropolitan transportation plan;
(ii)reflects the investment priorities established in the current metropolitan transportation plan; and
(iii)once implemented, will make significant progress toward achieving the performance targets established under subsection (h)(2).
(B)Opportunity for participationIn developing the transportation improvement program, the metropolitan planning organization, in cooperation with the State and any affected public transportation operator, shall provide an opportunity for participation by interested parties, in accordance with subsection (h)(4).
(C)Updating and approvalThe transportation improvement program shall be—
(i)updated not less frequently than once every 4 years, on a cycle compatible with the development of the relevant statewide transportation improvement program under section 135; and
(ii)approved by the applicable Governor.
(2)Contents
(A)Priority listThe transportation improvement program shall include a priority list of proposed federally supported projects and strategies to be carried out during the 4-year period beginning on the date of adoption of the transportation improvement program, and each 4-year period thereafter, using existing and reasonably available revenues in accordance with the financial plan under paragraph (3).
(B)DescriptionsEach project described in the transportation improvement program shall include sufficient descriptive material (such as type of work, termini, length, and other similar factors) to identify the project or phase of the project and the effect that the project or project phase will have in addressing the targets described in subsection (h)(2).
(C)Performance target achievementThe transportation improvement program shall include, to the maximum extent practicable, a description of the anticipated effect of the transportation improvement program on attainment of the performance targets established in the metropolitan transportation plan, linking investment priorities to those performance targets.
(D)Illustrative list of projectsIn developing a transportation improvement program, an optional illustrative list of projects may be prepared containing additional investment priorities that—
(i)are not included in the transportation improvement program; but
(ii)would be so included if resources in addition to the resources identified in the financial plan under paragraph (3) were available.
(3)Financial planA financial plan referred to in paragraph (2)(D)(ii) shall—
(A)be prepared by each metropolitan planning organization to support the transportation improvement program; and
(B)contain a description of each of the following:
(i)Projected resource requirements for implementing projects, strategies, and services recommended in the transportation improvement program, including existing and projected system operating and maintenance needs, proposed enhancement and expansions to the system, projected available revenue from Federal, State, local, and private sources, and innovative financing techniques to finance projects and programs.
(ii)The projected difference between costs and revenues, and strategies for securing additional new revenue (such as by capture of some of the economic value created by any new investment).
(iii)Estimates of future funds, to be developed cooperatively by the metropolitan planning organization, any public transportation agency, and the State, that are reasonably expected to be available to support the investment priorities recommended in the transportation improvement program.
(iv)Each applicable project, only if full funding can reasonably be anticipated to be available for the project within the time period contemplated for completion of the project.
(4)Included projects
(A)Projects under this title and chapter 53 of title 49A transportation improvement program developed under this subsection for a metropolitan area shall include a description of the projects within the area that are proposed for funding under chapter 1 of this title and chapter 53 of title 49.
(B)Projects under chapter 2
(i)Regionally significantEach regionally significant project proposed for funding under chapter 2 shall be identified individually in the transportation improvement program.
(ii)Nonregionally significantA description of each project proposed for funding under chapter 2 that is not determined to be regionally significant shall be contained in 1 line item or identified individually in the transportation improvement program.
(5)Opportunity for participationBefore approving a transportation improvement program, a metropolitan planning organization, in cooperation with the State and any affected public transportation operator, shall provide an opportunity for participation by interested parties in the development of the transportation improvement program, in accordance with subsection (h)(4).
(6)Selection of projects
(A)In generalEach tier I MPO and tier II MPO shall select projects carried out within the boundaries of the applicable metropolitan planning area from the transportation improvement program, in consultation with the relevant State and on concurrence of the affected facility owner, for funds apportioned to the State under section 104(b)(2) and suballocated to the metropolitan planning area under section 133(d).
(B)Projects under chapter 53 of title 49In the case of projects under chapter 53 of title 49, the selection of federally funded projects in metropolitan areas shall be carried out, from the approved transportation improvement program, by the designated recipients of public transportation funding in cooperation with the metropolitan planning organization.
(C)CMAQ projectsEach tier I MPO shall select projects carried out within the boundaries of the applicable metropolitan planning area from the transportation improvement program, in consultation with the relevant State and on concurrence of the affected facility owner, for funds apportioned to the State under section 104(b)(4) and suballocated to the metropolitan planning area under section 149(j).
(D)Modifications to project priorityNotwithstanding any other provision of law, approval by the Secretary shall not be required to carry out a project included in a transportation improvement program in place of another project in the transportation improvement program.
(7)Publication
(A)In generalA transportation improvement program shall be published or otherwise made readily available by the applicable metropolitan planning organization for public review in electronically accessible formats and means, such as the Internet.
(B)Annual list of projectsAn annual list of projects, including investments in pedestrian walkways, bicycle transportation facilities, and intermodal facilities that support intercity transportation, for which Federal funds have been obligated during the preceding fiscal year shall be published or otherwise made available by the cooperative effort of the State, public transportation operator, and metropolitan planning organization in electronically accessible formats and means, such as the Internet, in a manner that is consistent with the categories identified in the relevant transportation improvement program.
(k)Planning requirements for tier II MPOs
(1)In generalThe Secretary may provide for the performance-based development of a metropolitan transportation plan and transportation improvement program for the metropolitan planning area of a tier II MPO, as the Secretary determines to be appropriate, taking into account—
(A)the complexity of transportation needs in the area; and
(B)the technical capacity of the metropolitan planning organization.
(2)Evaluation of performance-based planningIn reviewing a tier II MPO under subsection (m), the Secretary shall take into consideration the effectiveness of the tier II MPO in implementing and maintaining a performance-based planning process that—
(A)addresses the performance targets described in subsection (h)(2); and
(B)demonstrates progress on the achievement of those performance targets.
(l)Certification
(1)In generalThe Secretary shall—
(A)ensure that the metropolitan transportation planning process of a metropolitan planning organization is being carried out in accordance with applicable Federal law; and
(B)subject to paragraph (2), certify, not less frequently than once every 4 years, that the requirements of subparagraph (A) are met with respect to the metropolitan transportation planning process.
(2)Requirements for certificationThe Secretary may make a certification under paragraph (1)(B) if—
(A)the metropolitan transportation planning process complies with the requirements of this section and other applicable Federal law;
(B)representation on the metropolitan planning organization board includes officials of public agencies that administer or operate major modes of transportation in the relevant metropolitan area, including providers of public transportation; and
(C)a transportation improvement program for the metropolitan planning area has been approved by the relevant metropolitan planning organization and applicable Governor.
(3)Delegation of authorityThe Secretary may—
(A)delegate to the appropriate State fact-finding authority regarding the certification of a tier II MPO under this subsection; and
(B)make the certification under paragraph (1) in consultation with the State.
(4)Effect of failure to certify
(A)Withholding of project fundsIf a metropolitan transportation planning process of a metropolitan planning organization is not certified under paragraph (1), the Secretary may withhold up to 20 percent of the funds attributable to the metropolitan planning area of the metropolitan planning organization for projects funded under this title and chapter 53 of title 49.
(B)Restoration of withheld fundsAny funds withheld under subparagraph (A) shall be restored to the metropolitan planning area on the date of certification of the metropolitan transportation planning process by the Secretary.
(5)Public involvementIn making a determination regarding certification under this subsection, the Secretary shall provide for public involvement appropriate to the metropolitan planning area under review.
(m)Performance-based planning processes evaluation
(1)In generalThe Secretary shall establish criteria to evaluate the effectiveness of the performance-based planning processes of metropolitan planning organizations under this section, taking into consideration the following:
(A)The extent to which the metropolitan planning organization has achieved, or is currently making substantial progress toward achieving, the performance targets specified in subsection (h)(2), taking into account whether the metropolitan planning organization developed meaningful performance targets.
(B)The extent to which the metropolitan planning organization has used proven best practices that help ensure transportation investment that is efficient and cost-effective.
(C)The extent to which the metropolitan planning organization—
(i)has developed an investment process that relies on public input and awareness to ensure that investments are transparent and accountable; and
(ii)provides regular reports allowing the public to access the information being collected in a format that allows the public to meaningfully assess the performance of the metropolitan planning organization.
(2)Report
(A)In generalNot later than 5 years after the date of enactment of the MAP–21, the Secretary shall submit to Congress a report evaluating—
(i)the overall effectiveness of performance-based planning as a tool for guiding transportation investments; and
(ii)the effectiveness of the performance-based planning process of each metropolitan planning organization under this section.
(B)PublicationThe report under subparagraph (A) shall be published or otherwise made available in electronically accessible formats and means, including on the Internet.
(n)Additional requirements for certain nonattainment areas
(1)In generalNotwithstanding any other provision of this title or chapter 53 of title 49, Federal funds may not be advanced in any metropolitan planning area classified as a nonattainment area or maintenance area for any highway project that will result in a significant increase in the carrying capacity for single-occupant vehicles, unless the owner or operator of the project demonstrates that the project will achieve or make substantial progress toward achieving the performance targets described in subsection (h)(2).
(2)ApplicabilityThis subsection applies to any nonattainment area or maintenance area within the boundaries of a metropolitan planning area, as determined under subsection (c).
(o)Effect of sectionNothing in this section provides to any metropolitan planning organization the authority to impose any legal requirement on any transportation facility, provider, or project not subject to the requirements of this title or chapter 53 of title 49.
(p)FundingFunds apportioned under section 104(b)(6) of this title and set aside under section 5305(g) of title 49 shall be available to carry out this section.
(q)Continuation of current review practice
(1)In generalIn consideration of the factors described in paragraph (2), any decision by the Secretary concerning a metropolitan transportation plan or transportation improvement program shall not be considered to be a Federal action subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(2)Description of factorsThe factors referred to in paragraph (1) are that—
(A)metropolitan transportation plans and transportation improvement programs are subject to a reasonable opportunity for public comment;
(B)the projects included in metropolitan transportation plans and transportation improvement programs are subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(C)decisions by the Secretary concerning metropolitan transportation plans and transportation improvement programs have not been reviewed under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) as of January 1, 1997.
(r)Schedule for implementationThe Secretary shall issue guidance on a schedule for implementation of the changes made by this section, taking into consideration the established planning update cycle for metropolitan planning organizations. The Secretary shall not require a metropolitan planning organization to deviate from its established planning update cycle to implement changes made by this section. Metropolitan planning organizations shall reflect changes made to their transportation plan or transportation improvement program updates by not later than 2 years after the date of issuance of guidance by the Secretary.
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1202.Statewide and nonmetropolitan transportation planning
(a)In generalSection 135 of title 23, United States Code, is amended to read as follows:
135.Statewide and nonmetropolitan transportation planning
(a)Statewide transportation plans and STIPs
(1)Development
(A)In generalTo accomplish the policy objectives described in section 134(a), each State shall develop a statewide transportation plan and a statewide transportation improvement program for all areas of the State in accordance with this section.
(B)Incorporation of metropolitan transportation plans and TIPsEach State shall incorporate in the statewide transportation plan and statewide transportation improvement program, without change or by reference, the metropolitan transportation plans and transportation improvement programs, respectively, for each metropolitan planning area in the State.
(C)Nonmetropolitan areasEach State shall consult with local officials in small urbanized areas with a population of 50,000 or more individuals, but fewer than 200,000 individuals, as calculated according to the most recent decennial census, and nonurbanized areas of the State in preparing the nonmetropolitan portions of statewide transportation plans and statewide transportation improvement programs.
(2)ContentsThe statewide transportation plan and statewide transportation improvement program developed for each State shall provide for the development and integrated management and operation of transportation systems and facilities (including accessible pedestrian walkways, bicycle transportation facilities, and intermodal facilities that support intercity transportation) that will function as—
(A)an intermodal transportation system for the State; and
(B)an integral part of an intermodal transportation system for the United States.
(3)ProcessThe process for developing the statewide transportation plan and statewide transportation improvement program shall—
(A)provide for consideration of all modes of transportation; and
(B)be continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity of the transportation needs to be addressed.
(b)Coordination and consultation
(1)In generalEach State shall—
(A)coordinate planning carried out under this section with—
(i)the transportation planning activities carried out under section 134 for metropolitan areas of the State; and
(ii)statewide trade and economic development planning activities and related multistate planning efforts;
(B)coordinate planning carried out under this section with the transportation planning activities carried out by each nonmetropolitan planning organization in the State, as applicable;
(C)consult on planning carried out under this section with the transportation planning activities carried out by each rural planning organization in the State, as applicable; and
(D)develop the transportation portion of the State implementation plan as required by the Clean Air Act (42 U.S.C. 7401 et seq.).
(2)Multistate areas
(A)In generalThe Secretary shall encourage each Governor with responsibility for a portion of a multistate metropolitan planning area and the appropriate metropolitan planning organizations to provide coordinated transportation planning for the entire metropolitan area.
(B)Coordination along designated transportation corridorsThe Secretary shall encourage each Governor with responsibility for a portion of a multistate transportation corridor to provide coordinated transportation planning for the entire designated corridor.
(C)Interstate compactsFor purposes of this section, any 2 or more States—
(i)may enter into compacts, agreements, or organizations not in conflict with any Federal law for cooperative efforts and mutual assistance in support of activities authorized under this section, as the activities relate to interstate areas and localities within the States;
(ii)may establish such agencies (joint or otherwise) as the States determine to be appropriate for ensuring the effectiveness of the agreements and compacts; and
(iii)are encouraged to enter into such compacts, agreements, or organizations as are appropriate to develop planning documents in support of intercity or multistate area projects, facilities, and services, the relevant components of which shall be reflected in statewide transportation improvement programs and statewide transportation plans.
(D)Reservation of rightsThe right to alter, amend, or repeal any interstate compact or agreement entered into under this subsection is expressly reserved.
(c)Relationship with other planning officials
(1)In generalThe Secretary shall encourage each State to cooperate with Federal, tribal, State, and local officers and entities responsible for other types of planning activities that are affected by transportation in the relevant area (including planned growth, economic development, infrastructure services, housing, other public services, environmental protection, airport operations, high-speed and intercity passenger rail, freight rail, port access, and freight movements), to the maximum extent practicable, to ensure that the statewide and nonmetropolitan planning process, statewide transportation plans, and statewide transportation improvement programs are developed with due consideration for other related planning activities in the State.
(2)InclusionCooperation under paragraph (1) shall include the design and delivery of transportation services within the State that are provided by—
(A)recipients of assistance under sections 202, 203, and 204;
(B)recipients of assistance under chapter 53 of title 49;
(C)government agencies and nonprofit organizations (including representatives of the agencies and organizations) that receive Federal assistance from a source other than the Department of Transportation to provide nonemergency transportation services; and
(D)sponsors of regionally significant programs, projects, and services that are related to transportation and receive assistance from any public or private source.
(d)Scope of planning process
(1)In generalThe statewide transportation planning process for a State under this section shall provide for consideration of projects, strategies, and services that will—
(A)support the economic vitality of the United States, the State, nonmetropolitan areas, and metropolitan areas, especially by enabling global competitiveness, travel and tourism (where applicable), productivity, and efficiency;
(B)increase the safety of the transportation system for motorized and nonmotorized users;
(C)increase the security of the transportation system for motorized and nonmotorized users;
(D)increase the accessibility and mobility of individuals and freight;
(E)protect and enhance the environment, promote energy conservation, improve the quality of life, and promote consistency between transportation improvements and State and local planned growth and economic development patterns;
(F)enhance the integration and connectivity of the transportation system, across and between modes, for individuals and freight;
(G)increase efficient system management and operation; and
(H)emphasize the preservation of the existing transportation system.
(2)Performance-based approach
(A)In generalThe statewide transportation planning process shall provide for the establishment and use of a performance-based approach to transportation decisionmaking to support the national goals described in section 150(b) of this title and section 5301(c) of title 49.
(B)Surface transportation performance targets
(i)In generalEach State shall establish performance targets that address the performance measures described in sections 119(f), 148(h), and 167(i) to use in tracking attainment of critical outcomes for the region of the State.
(ii)CoordinationSelection of performance targets by a State shall be coordinated with relevant metropolitan planning organizations to ensure consistency, to the maximum extent practicable.
(C)Public transportation performance targetsFor providers of public transportation operating in urbanized areas with a population of fewer than 200,000 individuals, as calculated according to the most recent decennial census, and not represented by a metropolitan planning organization, each State shall adopt the performance targets identified by such providers of public transportation pursuant to sections 5326(c) and 5329(d) of title 49 for use in tracking attainment of critical outcomes for the region of the metropolitan planning organization.
(D)Integration of other performance-based plansA State shall integrate into the statewide transportation planning process, directly or by reference, the goals, objectives, performance measures, and performance targets described in this paragraph in other State plans and processes, and asset management and safety plans developed by providers of public transportation in urbanized areas with a population of fewer than 200,000 individuals, as calculated according to the most recent decennial census, and not represented by a metropolitan planning organization, required as part of a performance-based program, including plans such as—
(i)the State National Highway System asset management plan;
(ii)asset management plans developed by providers of public transportation;
(iii)the State strategic highway safety plan;
(iv)a congestion mitigation and air quality performance plan developed under section 149(k) by a tier I metropolitan planning organization (as defined in section 134) representing a nonattainment or maintenance area;
(v)safety plans developed by providers of public transportation; and
(vi)the national freight strategic plan.
(E)Use of performance measures and targetsThe performance measures and targets established under this paragraph shall be used, at a minimum, by a State as the basis for development of policies, programs, and investment priorities reflected in the statewide transportation plan and statewide transportation improvement program.
(3)Failure to consider factorsThe failure to take into consideration 1 or more of the factors specified in paragraphs (1) and (2) shall not be subject to review by any court under this title, chapter 53 of title 49, subchapter II of chapter 5 of title 5, or chapter 7 of title 5 in any matter affecting a statewide transportation plan, a statewide transportation improvement program, a project or strategy, or the certification of a planning process.
(4)Participation by interested parties
(A)In generalEach State shall provide to—
(i)nonmetropolitan local elected officials an opportunity to participate in accordance with subparagraph (B)(i); and
(ii)affected individuals, public agencies, and other interested parties notice and a reasonable opportunity to comment on the statewide transportation plan and statewide transportation improvement program.
(B)MethodsIn carrying out this paragraph, the State shall—
(i)develop and document a consultative process to carry out subparagraph (A)(i) that is separate and discrete from the public involvement process developed under clause (ii);
(ii)develop the statewide transportation plan and statewide transportation improvement program in consultation with interested parties, as appropriate, including by the formation of advisory groups representative of the State and interested parties that participate in the development of the statewide transportation plan and statewide transportation improvement program;
(iii)hold any public meetings at times and locations that are, as applicable— (I)convenient; and (II)in compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.);
(iv)employ visualization techniques to describe statewide transportation plans and statewide transportation improvement programs; and
(v)make public information available in appropriate electronically accessible formats and means, such as the Internet, to afford reasonable opportunity for consideration of public information under subparagraph (A).
(e)Coordination and consultation
(1)Metropolitan areas
(A)In generalEach State shall develop a statewide transportation plan and statewide transportation improvement program for each metropolitan area in the State by incorporating, without change or by reference, at a minimum, as prepared by each metropolitan planning organization designated for the metropolitan area under section 134—
(i)all regionally significant projects to be carried out during the 10-year period beginning on the effective date of the relevant existing metropolitan transportation plan; and
(ii)all projects to be carried out during the 4-year period beginning on the effective date of the relevant transportation improvement program.
(B)Projected costsEach metropolitan planning organization shall provide to each applicable State a description of the projected costs of implementing the projects included in the metropolitan transportation plan of the metropolitan planning organization for purposes of metropolitan financial planning and fiscal constraint.
(2)Nonmetropolitan areasWith respect to nonmetropolitan areas in a State, the statewide transportation plan and statewide transportation improvement program of the State shall be developed in consultation with affected nonmetropolitan local officials with responsibility for transportation, including providers of public transportation.
(3)Indian tribal areasWith respect to each area of a State under the jurisdiction of an Indian tribe, the statewide transportation plan and statewide transportation improvement program of the State shall be developed in consultation with—
(A)the tribal government; and
(B)the Secretary of the Interior.
(4)Federal land management agenciesWith respect to each area of a State under the jurisdiction of a Federal land management agency, the statewide transportation plan and statewide transportation improvement program of the State shall be developed in consultation with the relevant Federal land management agency.
(5)Consultation, comparison, and consideration
(A)In generalA statewide transportation plan shall be developed, as appropriate, in consultation with Federal, tribal, State, and local agencies responsible for land use management, natural resources, infrastructure permitting, environmental protection, conservation, and historic preservation.
(B)Comparison and considerationConsultation under subparagraph (A) shall involve the comparison of statewide transportation plans to, as available—
(i)Federal, tribal, State, and local conservation plans or maps; and
(ii)inventories of natural or historic resources.
(f)Statewide transportation plan
(1)Development
(A)In generalEach State shall develop a statewide transportation plan, the forecast period of which shall be not less than 20 years for all areas of the State, that provides for the development and implementation of the intermodal transportation system of the State.
(B)Initial periodA statewide transportation plan shall include, at a minimum, for the first 10-year period of the statewide transportation plan, the identification of existing and future transportation facilities that will function as an integrated statewide transportation system, giving emphasis to those facilities that serve important national, statewide, and regional transportation functions.
(C)Subsequent periodFor the second 10-year period of the statewide transportation plan (referred to in this subsection as the outer years period), a statewide transportation plan—
(i)may include identification of future transportation facilities; and
(ii)shall describe the policies and strategies that provide for the development and implementation of the intermodal transportation system of the State.
(D)Other requirementsA statewide transportation plan shall—
(i)include, for the 20-year period covered by the statewide transportation plan, a description of— (I)the projected aggregate cost of projects anticipated by a State to be implemented; and (II)the revenues necessary to support the projects;
(ii)include, in such form as the Secretary determines to be appropriate, a description of— (I)the existing transportation infrastructure, including an identification of highways, local streets and roads, bicycle and pedestrian facilities, public transportation facilities and services, commuter rail facilities and services, high-speed and intercity passenger rail facilities and services, freight facilities (including freight railroad and port facilities), multimodal and intermodal facilities, and intermodal connectors that, evaluated in the aggregate, function as an integrated transportation system; (II)the performance measures and performance targets used in assessing the existing and future performance of the transportation system described in subsection (d)(2); (III)the current and projected future usage of the transportation system, including, to the maximum extent practicable, an identification of existing or planned transportation rights-of-way, corridors, facilities, and related real properties; (IV)a system performance report evaluating the existing and future condition and performance of the transportation system with respect to the performance targets described in subsection (d)(2) and updates to subsequent system performance reports, including— (aa)progress achieved by the State in meeting performance targets, as compared to system performance recorded in previous reports; and (bb)an accounting of the performance by the State on outlay of obligated project funds and delivery of projects that have reached substantial completion, in relation to the projects currently on the statewide transportation improvement program and those projects that have been removed from the previous statewide transportation improvement program; (V)recommended strategies and investments for improving system performance over the planning horizon, including transportation systems management and operations strategies, maintenance strategies, demand management strategies, asset management strategies, capacity and enhancement investments, land use improvements, intelligent transportation systems deployment and technology adoption strategies as determined by the projected support of performance targets described in subsection (d)(2); (VI)recommended strategies and investments to improve and integrate disability-related access to transportation infrastructure; (VII)investment priorities for using projected available and proposed revenues over the short- and long-term stages of the planning horizon, in accordance with the financial plan required under paragraph (2); (VIII)a description of interstate compacts entered into in order to promote coordinated transportation planning in multistate areas, if applicable; (IX)an optional illustrative list of projects containing investments that— (aa)are not included in the statewide transportation plan; but (bb)would be so included if resources in addition to the resources identified in the financial plan under paragraph (2) were available; (X)a discussion (developed in consultation with Federal, State, and tribal wildlife, land management, and regulatory agencies) of types of potential environmental and stormwater mitigation activities and potential areas to carry out those activities, including activities that may have the greatest potential to restore and maintain the environmental functions affected by the statewide transportation plan; and (XI)recommended strategies and investments, including those developed by the State as part of interstate compacts, agreements, or organizations, that support intercity transportation; and
(iii)be updated by the State not less frequently than once every 5 years.
(2)Financial planA financial plan referred to in paragraph (1)(D)(ii)(VII) shall—
(A)be prepared by each State to support the statewide transportation plan; and
(B)contain a description of each of the following:
(i)Projected resource requirements during the 20-year planning horizon for implementing projects, strategies, and services recommended in the statewide transportation plan, including existing and projected system operating and maintenance needs, proposed enhancement and expansions to the system, projected available revenue from Federal, State, local, and private sources, and innovative financing techniques to finance projects and programs.
(ii)The projected difference between costs and revenues, and strategies for securing additional new revenue (such as by capture of some of the economic value created by any new investment).
(iii)Estimates of future funds, to be developed cooperatively by the State, any public transportation agency, and relevant metropolitan planning organizations, that are reasonably expected to be available to support the investment priorities recommended in the statewide transportation plan.
(iv)Each applicable project, only if full funding can reasonably be anticipated to be available for the project within the time period contemplated for completion of the project.
(v)For the outer years period of the statewide transportation plan, a description of the aggregate cost ranges or bands, subject to the condition that any future funding source shall be reasonably expected to be available to support the projected cost ranges or bands.
(3)Coordination with Clean Air Act agenciesFor any nonmetropolitan area that is a nonattainment area or maintenance area, the State shall coordinate the development of the statewide transportation plan with the process for development of the transportation control measures of the State implementation plan required by the Clean Air Act (42 U.S.C. 7401 et seq.).
(4)PublicationA statewide transportation plan involving Federal and non-Federal participation programs, projects, and strategies shall be published or otherwise made readily available by the State for public review, including (to the maximum extent practicable) in electronically accessible formats and means, such as the Internet, in such manner as the Secretary shall require.
(5)Selection of projects from illustrative listNotwithstanding paragraph (2), a State shall not be required to select any project from the illustrative list of additional projects included in the statewide transportation plan under paragraph (1)(D)(ii)(IX).
(6)Use of policy plansNotwithstanding any other provision of this section, a State that has in effect, as of the date of enactment of the MAP–21, a statewide transportation plan that follows a policy plan approach—
(A)may, for 4 years after the date of enactment of the MAP–21, continue to use a policy plan approach to the statewide transportation plan; and
(B)shall be subject to the requirements of this subsection only to the extent that such requirements were applicable under this section (as in effect on the day before the date of enactment of the MAP–21).
(g)Statewide transportation improvement programs
(1)Development
(A)In generalIn consultation with nonmetropolitan officials with responsibility for transportation and affected public transportation operators, the State shall develop a statewide transportation improvement program for the State that—
(i)includes projects consistent with the statewide transportation plan;
(ii)reflects the investment priorities established in the statewide transportation plan; and
(iii)once implemented, makes significant progress toward achieving the performance targets described in subsection (d)(2).
(B)Opportunity for participationIn developing a statewide transportation improvement program, the State, in cooperation with affected public transportation operators, shall provide an opportunity for participation by interested parties (including State representatives of nonmotorized users) in the development of the statewide transportation improvement program, in accordance with subsection (e).
(C)Other requirements
(i)In generalA statewide transportation improvement program shall— (I)cover a period of not less than 4 years; and (II)be updated not less frequently than once every 4 years, or more frequently, as the Governor determines to be appropriate.
(ii)Incorporation of TIPsA statewide transportation improvement program shall incorporate any relevant transportation improvement program developed by a metropolitan planning organization under section 134, without change.
(iii)ProjectsEach project included in a statewide transportation improvement program shall be— (I)consistent with the statewide transportation plan developed under this section for the State; (II)identical to a project or phase of a project described in a relevant transportation improvement program; and (III)for any project located in a nonattainment area or maintenance area, carried out in accordance with the applicable State air quality implementation plan developed under the Clean Air Act (42 U.S.C. 7401 et seq.).
(2)Contents
(A)Priority listA statewide transportation improvement program shall include a priority list of proposed federally supported projects and strategies, to be carried out during the 4-year period beginning on the date of adoption of the statewide transportation improvement program, and during each 4-year period thereafter, using existing and reasonably available revenues in accordance with the financial plan under paragraph (3).
(B)DescriptionsEach project or phase of a project included in a statewide transportation improvement program shall include sufficient descriptive material (such as type of work, termini, length, estimated completion date, and other similar factors) to identify—
(i)the project or project phase; and
(ii)the effect that the project or project phase will have in addressing the performance targets described in subsection (d)(2).
(C)Performance target achievementA statewide transportation improvement program shall include, to the maximum extent practicable, a discussion of the anticipated effect of the statewide transportation improvement program toward achieving the performance targets established in the statewide transportation plan, linking investment priorities to those performance targets.
(D)Illustrative list of projectsAn optional illustrative list of projects may be prepared containing additional investment priorities that—
(i)are not included in the statewide transportation improvement program; but
(ii)would be so included if resources in addition to the resources identified in the financial plan under paragraph (3) were available.
(3)Financial planA financial plan referred to in paragraph (2)(D)(ii) shall—
(A)be prepared by each State to support the statewide transportation improvement program; and
(B)contain a description of each of the following:
(i)Projected resource requirements for implementing projects, strategies, and services recommended in the statewide transportation improvement program, including existing and projected system operating and maintenance needs, proposed enhancement and expansions to the system, projected available revenue from Federal, State, local, and private sources, and innovative financing techniques to finance projects and programs.
(ii)The projected difference between costs and revenues, and strategies for securing additional new revenue (such as by capture of some of the economic value created by any new investment).
(iii)Estimates of future funds, to be developed cooperatively by the State and relevant metropolitan planning organizations and public transportation agencies, that are reasonably expected to be available to support the investment priorities recommended in the statewide transportation improvement program.
(iv)Each applicable project, only if full funding can reasonably be anticipated to be available for the project within the time period contemplated for completion of the project.
(4)Included projects
(A)Projects under this title and chapter 53 of title 49A statewide transportation improvement program developed under this subsection for a State shall include the projects within the State that are proposed for funding under chapter 1 of this title and chapter 53 of title 49.
(B)Projects under chapter 2
(i)Regionally significantEach regionally significant project proposed for funding under chapter 2 shall be identified individually in the statewide transportation improvement program.
(ii)Nonregionally significantA description of each project proposed for funding under chapter 2 that is not determined to be regionally significant shall be contained in 1 line item or identified individually in the statewide transportation improvement program.
(5)Publication
(A)In generalA statewide transportation improvement program shall be published or otherwise made readily available by the State for public review in electronically accessible formats and means, such as the Internet.
(B)Annual list of projectsAn annual list of projects, including investments in pedestrian walkways, bicycle transportation facilities, and intermodal facilities that support intercity transportation, for which Federal funds have been obligated during the preceding fiscal year shall be published or otherwise made available by the cooperative effort of the State, public transportation operator, and relevant metropolitan planning organizations in electronically accessible formats and means, such as the Internet, in a manner that is consistent with the categories identified in the relevant statewide transportation improvement program.
(6)Project selection for urbanized areas with populations of fewer than 200,000 not represented by designated MPOsProjects carried out in urbanized areas with populations of fewer than 200,000 individuals, as calculated according to the most recent decennial census, and that are not represented by designated metropolitan planning organizations, shall be selected, from the approved statewide transportation improvement program (including projects carried out on the National Highway System and other projects carried out under this title or under sections 5310 and 5311 of title 49) by the State, in cooperation with the affected nonmetropolitan planning organization, if any exists, and in consultation with the affected nonmetropolitan area local officials with responsibility for transportation.
(7)Approval by Secretary
(A)In generalNot less frequently than once every 4 years, a statewide transportation improvement program developed under this subsection shall be reviewed and approved by the Secretary, based on the current planning finding of the Secretary under subparagraph (B).
(B)Planning findingThe Secretary shall make a planning finding referred to in subparagraph (A) not less frequently than once every 5 years regarding whether the transportation planning process through which statewide transportation plans and statewide transportation improvement programs are developed is consistent with this section and section 134.
(8)Modifications to project priorityNotwithstanding any other provision of law, approval by the Secretary shall not be required to carry out a project included in an approved statewide transportation improvement program in place of another project in the statewide transportation improvement program.
(h)Certification
(1)In generalThe Secretary shall—
(A)ensure that the statewide transportation planning process of a State is being carried out in accordance with this section and applicable Federal law (including rules and regulations); and
(B)subject to paragraph (2), certify, not later than 180 days after the date of enactment of the MAP–21 and not less frequently than once every 5 years thereafter, that the requirements of subparagraph (A) are met with respect to the statewide transportation planning process.
(2)Requirements for certificationThe Secretary may make a certification under paragraph (1)(B) if—
(A)the statewide transportation planning process complies with the requirements of this section and other applicable Federal law; and
(B)a statewide transportation improvement program for the State has been approved by the Governor of the State.
(3)Effect of failure to certify
(A)Withholding of project fundsIf a statewide transportation planning process of a State is not certified under paragraph (1), the Secretary may withhold up to 20 percent of the funds attributable to the State for projects funded under this title and chapter 53 of title 49.
(B)Restoration of withheld fundsAny funds withheld under subparagraph (A) shall be restored to the State on the date of certification of the statewide transportation planning process by the Secretary.
(4)Public involvementIn making a determination regarding certification under this subsection, the Secretary shall provide for public involvement appropriate to the State under review.
(i)Performance-based planning processes evaluation
(1)In generalThe Secretary shall establish criteria to evaluate the effectiveness of the performance-based planning processes of States, taking into consideration the following:
(A)The extent to which the State has achieved, or is currently making substantial progress toward achieving, the performance targets described in subsection (d)(2), taking into account whether the State developed meaningful performance targets.
(B)The extent to which the State has used proven best practices that help ensure transportation investment that is efficient and cost-effective.
(C)The extent to which the State—
(i)has developed an investment process that relies on public input and awareness to ensure that investments are transparent and accountable; and
(ii)provides regular reports allowing the public to access the information being collected in a format that allows the public to meaningfully assess the performance of the State.
(2)Report
(A)In generalNot later than 5 years after the date of enactment of the MAP–21, the Secretary shall submit to Congress a report evaluating—
(i)the overall effectiveness of performance-based planning as a tool for guiding transportation investments; and
(ii)the effectiveness of the performance-based planning process of each State.
(B)PublicationThe report under subparagraph (A) shall be published or otherwise made available in electronically accessible formats and means, including on the Internet.
(j)FundingFunds apportioned under section 104(b)(6) of this title and set aside under section 5305(g) of title 49 shall be available to carry out this section.
(k)Continuation of current review practice
(1)In generalIn consideration of the factors described in paragraph (2), any decision by the Secretary concerning a statewide transportation plan or statewide transportation improvement program shall not be considered to be a Federal action subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(2)Description of factorsThe factors referred to in paragraph (1) are that—
(A)statewide transportation plans and statewide transportation improvement programs are subject to a reasonable opportunity for public comment;
(B)the projects included in statewide transportation plans and statewide transportation improvement programs are subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(C)decisions by the Secretary concerning statewide transportation plans and statewide transportation improvement programs have not been reviewed under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) as of January 1, 1997.
(l)Schedule for implementationThe Secretary shall issue guidance on a schedule for implementation of the changes made by this section, taking into consideration the established planning update cycle for States. The Secretary shall not require a State to deviate from its established planning update cycle to implement changes made by this section. States shall reflect changes made to their transportation plan or transportation improvement program updates not later than 2 years after the date of issuance of guidance by the Secretary under this subsection.
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(b)Conforming amendmentThe analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 135 and inserting the following:
135. Statewide and nonmetropolitan transportation planning.
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1203.National goals
(a)In generalSection 150 of title 23, United States Code, is amended to read as follows:
150.National goals
(a)Declaration of policyPerformance management will transform the Federal-aid highway program and provide a means to the most efficient investment of Federal transportation funds by refocusing on national transportation goals, increasing the accountability and transparency of the Federal-aid highway program, and improving project decisionmaking through performance-based planning and programming.
(b)National goalsIt is in the interest of the United States to focus the Federal-aid highway program on the following national goals:
(1)SafetyTo achieve a significant reduction in traffic fatalities and serious injuries on all public roads.
(2)Infrastructure conditionTo maintain the highway infrastructure asset system in a state of good repair.
(3)System reliabilityTo improve the efficiency of the surface transportation system.
(4)Freight movement and economic vitalityTo improve the national freight network, strengthen the ability of rural communities to access national and international trade markets, and support regional economic development.
(5)Environmental sustainabilityTo enhance the performance of the transportation system while protecting and enhancing the natural environment.
(6)Reduced project delivery delaysTo reduce project costs, promote jobs and the economy, and expedite the movement of people and goods by accelerating project completion through eliminating delays in the project development and delivery process, including reducing regulatory burdens and improving agencies’ work practices.
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(b)Conforming amendmentThe analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 150 and inserting the following:
150. National goals.
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CAcceleration of project delivery
1301.Project delivery initiative
(a)Declaration of policyIt is the policy of the United States that—
(1)it is in the national interest for the Department, State departments of transportation, transit agencies, and all other recipients of Federal transportation funds—
(A)to accelerate project delivery and reduce costs; and
(B)to ensure that the planning, design, engineering, construction, and financing of transportation projects is done in an efficient and effective manner, promoting accountability for public investments and encouraging greater private sector involvement in project financing and delivery while enhancing safety and protecting the environment;
(2)delay in the delivery of transportation projects increases project costs, harms the economy of the United States, and impedes the travel of the people of the United States and the shipment of goods for the conduct of commerce; and
(3)the Secretary shall identify and promote the deployment of innovation aimed at reducing the time and money required to deliver transportation projects while enhancing safety and protecting the environment.
(b)Establishment of initiative
(1)In generalTo advance the policy described in subsection (a), the Secretary shall carry out a project delivery initiative under this section.
(2)PurposesThe purposes of the project delivery initiative shall be—
(A)to develop and advance the use of best practices to accelerate project delivery and reduce costs across all modes of transportation and expedite the deployment of technology and innovation;
(B)to implement provisions of law designed to accelerate project delivery; and
(C)to select eligible projects for applying experimental features to test innovative project delivery techniques.
(3)Advancing the use of best practices
(A)In generalIn carrying out the initiative under this section, the Secretary shall identify and advance best practices to reduce delivery time and project costs, from planning through construction, for transportation projects and programs of projects regardless of mode and project size.
(B)AdministrationTo advance the use of best practices, the Secretary shall—
(i)engage interested parties, affected communities, resource agencies, and other stakeholders to gather information regarding opportunities for accelerating project delivery and reducing costs;
(ii)establish a clearinghouse for the collection, documentation, and advancement of existing and new innovative approaches and best practices;
(iii)disseminate information through a variety of means to transportation stakeholders on new innovative approaches and best practices; and
(iv)provide technical assistance to assist transportation stakeholders in the use of flexibility authority to resolve project delays and accelerate project delivery if feasible.
(4)Implementation of accelerated project deliveryThe Secretary shall ensure that the provisions of this subtitle designed to accelerate project delivery are fully implemented, including—
(A)expanding eligibility of early acquisition of property prior to completion of environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(B)allowing the use of the construction manager or general contractor method of contracting in the Federal-aid highway system; and
(C)establishing a demonstration program to streamline the relocation process by permitting a lump-sum payment for acquisition and relocation if elected by the displaced occupant.
1302.Clarified eligibility for early acquisition activities prior to completion of NEPA review
(a)In generalThe acquisition of real property in anticipation of a federally assisted or approved surface transportation project that may use the property shall not be prohibited prior to the completion of reviews of the surface transportation project under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if the acquisition does not—
(1)have an adverse environmental effect; or
(2)
(A)limit the choice of reasonable alternatives for the proposed project; or
(B)prevent the lead agency from making an impartial decision as to whether to select an alternative that is being considered during the environmental review process.
(b)Early acquisition of real property interests for highwaysSection 108 of title 23, United States Code, is amended—
(1)in the section heading by inserting interests after real property;
(2)in subsection (a) by inserting interests after real property each place it appears; and
(3)in subsection (c)—
(A)in the subsection heading by striking rights-of-way and inserting real property interests;
(B)in paragraph (1)—
(i)in the matter preceding subparagraph (A) by inserting at any time after may be used; and
(ii)in subparagraph (A)— (I)by striking rights-of-way the first place it appears and inserting real property interests; and (II)by striking , if the rights-of-way are subsequently incorporated into a project eligible for surface transportation program funds; and
(C)by striking paragraph (2) and inserting the following:
(2)Terms and conditions
(A)Acquisition of real property interests
(i)In generalSubject to the other provisions of this section, prior to completion of the review process for the project required by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), a public authority may carry out acquisition of real property interests that may be used for a project.
(ii)RequirementsAn acquisition under clause (i) may be authorized by project agreement and is eligible for Federal-aid reimbursement as a project expense if the Secretary finds that the acquisition— (I)will not cause any significant adverse environmental impact; (II)will not limit the choice of reasonable alternatives for the project or otherwise influence the decision of the Secretary on any approval required for the project; (III)does not prevent the lead agency from making an impartial decision as to whether to accept an alternative that is being considered in the environmental review process; (IV)is consistent with the State transportation planning process under section 135; (V)complies with other applicable Federal laws (including regulations); (VI)will be acquired through negotiation, without the threat of condemnation; and (VII)will not result in a reduction or elimination of benefits or assistance to a displaced person required by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.) and title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).
(B)DevelopmentReal property interests acquired under this subsection may not be developed in anticipation of a project until all required environmental reviews for the project have been completed.
(C)ReimbursementIf Federal-aid reimbursement is made for real property interests acquired early under this section and the real property interests are not subsequently incorporated into a project eligible for surface transportation funds within the time allowed by subsection (a)(2), the Secretary shall offset the amount reimbursed against funds apportioned to the State.
(D)Other conditionsThe Secretary may establish such other conditions or restrictions on acquisitions as the Secretary determines to be appropriate.
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1303.Efficiencies in contracting
(a)AuthoritySection 112(b) of title 23, United States Code, is amended by adding at the end the following:
(4)Construction manager; general contractor
(A)Procedure
(i)In generalA contracting agency may award a 2-phase contract to a construction manager or general contractor for preconstruction and construction services.
(ii)Preconstruction phaseIn the preconstruction phase of a contract under this subparagraph, the construction manager shall provide the contracting agency with advice relating to scheduling, work sequencing, cost engineering, constructability, cost estimating, and risk identification.
(iii)Agreement to price (I)In generalPrior to the start of the second phase of a contract under this subparagraph, the owner and the construction manager may agree to a price for the construction of the project or a portion of the project. (II)ResultIf an agreement is reached, the construction manager shall become the general contractor for the construction of the project at the negotiated schedule and price.
(B)SelectionA contract shall be awarded to a construction manager or general contractor under this paragraph using a competitive selection process under which the contract is awarded on the basis of—
(i)qualifications;
(ii)experience;
(iii)best value; or
(iv)any other combination of factors considered appropriate by the contracting agency.
(C)Timing
(i)In generalPrior to the completion of the environmental review process required under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332), a contracting agency may issue requests for proposals, proceed with the award of the first phase of construction manager or general contractor contract, and issue notices to proceed with preliminary design, to the extent that those actions do not limit any reasonable range of alternatives.
(ii)NEPA process (I)In generalA contracting agency shall not proceed with the award of the second phase, and shall not proceed, or permit any consultant or contractor to proceed, with final design or construction until completion of the environmental review process required under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332). (II)RequirementThe Secretary shall require that a contract include appropriate provisions to ensure achievement of the objectives of section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) and compliance with other applicable Federal laws and regulations occurs.
(iii)Secretarial approvalPrior to authorizing construction activities, the Secretary shall approve— (I)the estimate of the contracting agency for the entire project; and (II)any price agreement with the general contractor for the project or a portion of the project.
(iv)Termination provisionThe Secretary shall require a contract to include an appropriate termination provision in the event that a no-build alternative is selected.
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(b)RegulationsThe Secretary shall promulgate such regulations as are necessary to carry out the amendment made by subsection (a).
(c)Effect on experimental programNothing in this section or the amendment made by this section affects the authority to carry out, or any project carried out under, any experimental program concerning construction manager risk that is being carried out by the Secretary as of the date of enactment of this Act.
1304.Innovative project delivery methods
(a)Declaration of policy
(1)In generalCongress declares that it is in the national interest to promote the use of innovative technologies and practices that increase the efficiency of construction of, improve the safety of, and extend the service life of highways and bridges.
(2)InclusionsThe innovative technologies and practices described in paragraph (1) include state-of-the-art intelligent transportation system technologies, elevated performance standards, and new highway construction business practices that improve highway safety and quality, accelerate project delivery, and reduce congestion related to highway construction.
(b)Federal shareSection 120(c) of title 23, United States Code, is amended by adding at the end the following:
(3)Innovative project delivery
(A)In generalExcept as provided in subparagraph (C), the Federal share payable on account of a project or activity carried out with funds apportioned under paragraph (1), (2), or (5) of section 104(b) may, at the discretion of the State, be up to 100 percent for any such project, program, or activity that the Secretary determines—
(i)contains innovative project delivery methods that improve work zone safety for motorists or workers and the quality of the facility;
(ii)contains innovative technologies, manufacturing processes, financing, or contracting methods that improve the quality, extend the service life, or decrease the long-term costs of maintaining highways and bridges;
(iii)accelerates project delivery while complying with other applicable Federal laws (including regulations) and not causing any significant adverse environmental impact; or
(iv)reduces congestion related to highway construction.
(B)ExamplesProjects, programs, and activities described in subparagraph (A) may include the use of—
(i)prefabricated bridge elements and systems and other technologies to reduce bridge construction time;
(ii)innovative construction equipment, materials, or techniques, including the use of in-place recycling technology and digital 3-dimensional modeling technologies;
(iii)innovative contracting methods, including the design-build and the construction manager-general contractor contracting methods;
(iv)intelligent compaction equipment; or
(v)contractual provisions that offer a contractor an incentive payment for early completion of the project, program, or activity, subject to the condition that the incentives are accounted for in the financial plan of the project, when applicable.
(C)Limitations
(i)In generalIn each fiscal year, a State may use the authority under subparagraph (A) for up to 10 percent of the combined apportionments of the State under paragraphs (1), (2), and (5) of section 104(b).
(ii)Federal share increaseThe Federal share payable on account of a project or activity described in subparagraph (A) may be increased by up to 5 percent of the total project cost.
.
1305.Assistance to affected State and Federal agenciesSection 139(j) of title 23, United States Code, is amended by adding at the end the following:
(6)Memorandum of understandingPrior to providing funds approved by the Secretary for dedicated staffing at an affected Federal agency under paragraphs (1) and (2), the affected Federal agency and the State agency shall enter into a memorandum of understanding that establishes the projects and priorities to be addressed by the use of the funds.
.
1306.Application of categorical exclusions for multimodal projects
(a)In generalSection 304 of title 49, United States Code, is amended to read as follows:
304.Application of categorical exclusions for multimodal projects
(a)DefinitionsIn this section:
(1)Cooperating authorityThe term cooperating authority means a Department of Transportation operating authority that is not the lead authority.
(2)Lead authorityThe term lead authority means a Department of Transportation operating administration or secretarial office that—
(A)is the lead authority over a proposed multimodal project; and
(B)has determined that the components of the project that fall under the modal expertise of the lead authority—
(i)satisfy the conditions for a categorical exclusion under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) implementing regulations or procedures of the lead authority; and
(ii)do not require the preparation of an environmental assessment or an environmental impact statement under that Act.
(3)Multimodal projectThe term multimodal project has the meaning given the term in section 139(a) of title 23.
(b)Exercise of authoritiesThe authorities granted in this section may be exercised for a multimodal project, class of projects, or program of projects that are carried out under this title.
(c)Application of categorical exclusions for multimodal projectsWhen considering the environmental impacts of a proposed multimodal project, a lead authority may apply a categorical exclusion designated under the implementing regulations or procedures of a cooperating authority for other components of the project, on the conditions that—
(1)the multimodal project is funded under 1 grant agreement administered by the lead authority;
(2)the multimodal project has components that require the expertise of a cooperating authority to assess the environmental impacts of the components;
(3)the component of the project to be covered by the categorical exclusion of the cooperating authority has independent utility;
(4)the cooperating authority, in consultation with the lead authority, follows National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) implementing regulations or procedures and determines that a categorical exclusion under that Act applies to the components; and
(5)the lead authority has determined that—
(A)the project, using the categorical exclusions of the lead and cooperating authorities, does not individually or cumulatively have a significant impact on the environment; and
(B)extraordinary circumstances do not exist that merit further analysis and documentation in an environmental impact statement or environmental assessment required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(d)Modal cooperation
(1)In generalA cooperating authority shall provide modal expertise to a lead authority with administrative authority over a multimodal project on such aspects of the project in which the cooperating authority has expertise.
(2)Use of categorical exclusionIn a case described in paragraph (1), the 1 or more categorical exclusions of a cooperating authority may be applied by the lead authority once the cooperating authority reviews the project on behalf of the lead authority and determines the project satisfies the conditions for a categorical exclusion under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) implementing regulations or procedures of the cooperating authority and this section.
.
(b)Conforming amendmentThe item relating to section 304 in the analysis for title 49, United States Code, is amended to read as follows:
304. Application of categorical exclusions for multimodal projects.
.
1307.State assumption of responsibilities for categorical exclusionsSection 326 of title 23, United States Code, is amended—
(1)by striking subsection (d) and inserting the following:
(d)Termination
(1)Termination by the SecretaryThe Secretary may terminate any assumption of responsibility under a memorandum of understanding on a determination that the State is not adequately carrying out the responsibilities assigned to the State.
(2)Termination by the StateThe State may terminate the participation of the State in the program at any time by providing to the Secretary a notice by not later than the date that is 90 days before the date of termination, and subject to such terms and conditions as the Secretary may provide.
; and
(2)by adding at the end the following:
(f)Legal feesA State assuming the responsibilities of the Secretary under this section for a specific project may use funds apportioned to the State under section 104(b)(2) for attorneys fees directly attributable to eligible activities associated with the project.
.
1308.Surface transportation project delivery program
(a)In generalSection 327 of title 23, United States Code, is amended—
(1)in the section heading by striking pilot;
(2)in subsection (a)—
(A)in paragraph (1) by striking pilot; and
(B)in paragraph (2)—
(i)in subparagraph (B)— (I)in clause (i), by striking but; and (II)by striking clause (ii) and inserting the following:
(ii)at the request of the State, the Secretary may also assign to the State, and the State may assume, the responsibilities of the Secretary with respect to 1 or more railroad, public transportation, or multimodal projects within the State under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(iii)in a State that has assumed the responsibilities of the Secretary under clause (ii), a recipient of assistance under chapter 53 of title 49 may request that the Secretary maintain the responsibilities of the Secretary with respect to 1 or more public transportation projects within the State under the National Environmental Policy Act of 1969 (42 U.S.C. 13 4321 et seq.); but
(iv)the Secretary may not assign— (I)any responsibility imposed on the Secretary by section 134 or 135; or (II)responsibility for any conformity determination required under section 176 of the Clean Air Act (42 U.S.C. 7506).
; and
(i)by adding at the end the following:
(F)Legal feesA State assuming the responsibilities of the Secretary under this section for a specific project may use funds apportioned to the State under section 104(b)(2) for attorneys fees directly attributable to eligible activities associated with the project.
;
(3)in subsection (b)—
(A)by striking paragraph (1);
(B)by redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively; and
(C)in subparagraph (A) of paragraph (3) (as so redesignated) by striking (2) and inserting (1);
(4)in subsection (c)—
(A)in paragraph (3)(D) by striking the period at the end and inserting a semicolon; and
(B)by adding at the end the following:
(4)require the State to provide to the Secretary any information the Secretary considers necessary to ensure that the State is adequately carrying out the responsibilities assigned to the State;
(5)require the Secretary—
(A)after a period of 5 years, to evaluate the ability of the State to carry out the responsibility assumed under this section;
(B)if the Secretary determines that the State is not ready to effectively carry out the responsibilities the State has assumed, to reevaluate the readiness of the State every 3 years, or at such other frequency as the Secretary considers appropriate, after the initial 5-year evaluation, until the State is ready to assume the responsibilities on a permanent basis; and
(C)once the Secretary determines that the State is ready to permanently assume the responsibilities of the Secretary, not to require any further evaluations; and
(6)require the State to provide the Secretary with any information, including regular written reports, as the Secretary may require in conducting evaluations under paragraph (5).
;
(5)by striking subsection (g);
(6)by redesignating subsections (h) and (i) as subsections (g) and (h), respectively; and
(7)in subsection (h) (as so redesignated)—
(A)by striking paragraph (1);
(B)by redesignating paragraph (2) as paragraph (1); and
(C)by inserting after paragraph (1) (as so redesignated) the following:
(2)Termination by the StateThe State may terminate the participation of the State in the program at any time by providing to the Secretary a notice by not later than the date that is 90 days before the date of termination, and subject to such terms and conditions as the Secretary may provide.
.
(b)Conforming amendmentThe item relating to section 327 in the analysis of title 23, United States Code, is amended to read as follows:
327. Surface transportation project delivery program.
.
1309.Categorical exclusion for projects within the right-of-way
(a)In generalNot later than 30 days after the date of enactment of this Act, the Secretary shall publish a notice of proposed rulemaking for a categorical exclusion that meets the definitions (as in effect on that date) of section 1508.4 of title 40, Code of Federal Regulations, and section 771.117 of title 23, Code of Federal Regulations, for a project (as defined in section 101(a) of title 23, United States Code)—
(1)that is located solely within the right-of-way of an existing highway, such as new turn lanes and bus pull-offs;
(2)that does not include the addition of a through lane or new interchange; and
(3)for which the project sponsor demonstrates that the project—
(A)is intended to improve safety, alleviate congestion, or improve air quality; or
(B)would improve or maintain pavement or structural conditions or achieve a state of good repair.
(b)NoticeNot later than 60 days after the date of enactment of this Act, the Secretary shall publish a notice of proposed rulemaking to further define and implement subsection (a) within subsection (c) or (d) of section 771.117 of title 23, Code of Federal Regulations (as in effect on the date of enactment of the MAP–21).
1310.Programmatic agreements and additional categorical exclusions
(a)In generalNot later than 60 days after the date of enactment of this Act, the Secretary shall—
(1)survey the use by the Department of Transportation of categorical exclusions in transportation projects since 2005;
(2)publish a review of the survey that includes a description of—
(A)the types of actions categorically excluded; and
(B)any requests previously received by the Secretary for new categorical exclusions; and
(3)solicit requests from State departments of transportation, transit authorities, metropolitan planning organizations, or other government agencies for new categorical exclusions.
(b)New categorical exclusionsNot later than 120 days after the date of enactment of this Act, the Secretary shall publish a notice of proposed rulemaking to propose new categorical exclusions received by the Secretary under subsection (a), to the extent that the categorical exclusions meet the criteria for a categorical exclusion under section 1508.4 of title 40, Code of Federal Regulations and section 771.117(a) of title 23, Code of Federal Regulations (as those regulations are in effect on the date of the notice).
(c)Additional actionsThe Secretary shall issue a proposed rulemaking to move the following types of actions from subsection (d) of section 771.117 of title 23, Code of Federal Regulations (as in effect on the date of enactment of this Act), to subsection (c) of that section, to the extent that such movement complies with the criteria for a categorical exclusion under section 1508.4 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act):
(1)Modernization of a highway by resurfacing, restoration, rehabilitation, reconstruction, adding shoulders, or adding auxiliary lanes (including parking, weaving, turning, and climbing).
(2)Highway safety or traffic operations improvement projects, including the installation of ramp metering control devices and lighting.
(3)Bridge rehabilitation, reconstruction, or replacement or the construction of grade separation to replace existing at-grade railroad crossings.
(d)Programmatic agreements
(1)In generalThe Secretary shall seek opportunities to enter into programmatic agreements with the States that establish efficient administrative procedures for carrying out environmental and other required project reviews.
(2)InclusionsProgrammatic agreements authorized under paragraph (1) may include agreements that allow a State to determine on behalf of the Federal Highway Administration whether a project is categorically excluded from the preparation of an environmental assessment or environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(3)DeterminationsAn agreement described in paragraph (2) may include determinations by the Secretary of the types of projects categorically excluded (consistent with section 1508.4 of title 40, Code of Federal Regulations) in the State in addition to the types listed in subsections (c) and (d) of section 771.117 of title 23, Code of Federal Regulations (as in effect on the date of enactment of this Act).
1311.Accelerated decisionmaking in environmental reviews
(a)In generalWhen preparing a final environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if the lead agency makes changes in response to comments that are minor and are confined to factual corrections or explanations of why the comments do not warrant further agency response, the lead agency may write on errata sheets attached to the statement instead of rewriting the draft statement, on the condition that the errata sheets—
(1)cite the sources, authorities, or reasons that support the position of the agency; and
(2)if appropriate, indicate the circumstances that would trigger agency reappraisal or further response.
(b)IncorporationTo the maximum extent practicable, the lead agency shall expeditiously develop a single document that consists of a final environmental impact statement and a record of decision unless—
(1)the final environmental impact statement makes substantial changes to the proposed action that are relevant to environmental or safety concerns; or
(2)there are significant new circumstances or information relevant to environmental concerns and that bear on the proposed action or the impacts of the proposed action.
1312.Memoranda of agency agreements for early coordination
(a)In generalIt is the sense of Congress that—
(1)the Secretary and other Federal agencies with relevant jurisdiction in the environmental review process should cooperate with each other and other agencies on environmental review and project delivery activities at the earliest practicable time to avoid delays and duplication of effort later in the process, head off potential conflicts, and ensure that planning and project development decisions reflect environmental values; and
(2)such cooperation should include the development of policies and the designation of staff that advise planning agencies or project sponsors of studies or other information foreseeably required for later Federal action and early consultation with appropriate State and local agencies and Indian tribes.
(b)Technical assistanceIf requested at any time by a State or local planning agency, the Secretary and other Federal agencies with relevant jurisdiction in the environmental review process, shall, to the extent practicable and appropriate, as determined by the agencies, provide technical assistance to the State or local planning agency on accomplishing the early coordination activities described in subsection (d).
(c)Memorandum of agency agreementIf requested at any time by a State or local planning agency, the lead agency, in consultation with other Federal agencies with relevant jurisdiction in the environmental review process, may establish memoranda of agreement with the project sponsor, State, and local governments and other appropriate entities to accomplish the early coordination activities described in subsection (d).
(d)Early coordination activitiesEarly coordination activities shall include, to the maximum extent practicable, the following:
(1)Technical assistance on identifying potential impacts and mitigation issues in an integrated fashion.
(2)The potential appropriateness of using planning products and decisions in later environmental reviews.
(3)The identification and elimination from detailed study in the environmental review process of the issues that are not significant or that have been covered by prior environmental reviews.
(4)The identification of other environmental review and consultation requirements so that the lead and cooperating agencies may prepare, as appropriate, other required analyses and studies concurrently with planning activities.
(5)The identification by agencies with jurisdiction over any permits related to the project of any and all relevant information that will reasonably be required for the project.
(6)The reduction of duplication between requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and State and local planning and environmental review requirements, unless the agencies are specifically barred from doing so by applicable law.
(7)Timelines for the completion of agency actions during the planning and environmental review processes.
(8)Other appropriate factors.
1313.Accelerated decisionmakingSection 139(h) of title 23, United States Code, is amended by striking paragraph (4) and inserting the following:
(4)Interim decision on achieving accelerated decisionmaking
(A)In generalNot later than 30 days after the close of the public comment period on a draft environmental impact statement, the Secretary may convene a meeting with the project sponsor, lead agency, resource agencies, and any relevant State agencies to ensure that all parties are on schedule to meet deadlines for decisions to be made regarding the project.
(B)DeadlinesThe deadlines referred to in subparagraph (A) shall be those established under subsection (g), or any other deadlines established by the lead agency, in consultation with the project sponsor and other relevant agencies.
(C)Failure to assureIf the relevant agencies cannot provide reasonable assurances that the deadlines described in subparagraph (B) will be met, the Secretary may initiate the issue resolution and referral process described under paragraph (5) and before the completion of the record of decision.
(5)Accelerated issue resolution and referral
(A)Agency issue resolution meeting
(i)In generalA Federal agency of jurisdiction, project sponsor, or the Governor of a State in which a project is located may request an issue resolution meeting to be conducted by the lead agency.
(ii)Action by lead agencyThe lead agency shall convene an issue resolution meeting under clause (i) with the relevant participating agencies and the project sponsor, including the Governor only if the meeting was requested by the Governor, to resolve issues that could— (I)delay completion of the environmental review process; or (II)result in denial of any approvals required for the project under applicable laws.
(iii)DateA meeting requested under this subparagraph shall be held by not later than 21 days after the date of receipt of the request for the meeting, unless the lead agency determines that there is good cause to extend the time for the meeting.
(iv)NotificationOn receipt of a request for a meeting under this subparagraph, the lead agency shall notify all relevant participating agencies of the request, including the issue to be resolved, and the date for the meeting.
(v)DisputesIf a relevant participating agency with jurisdiction over an approval required for a project under applicable law determines that the relevant information necessary to resolve the issue has not been obtained and could not have been obtained within a reasonable time, but the lead agency disagrees, the resolution of the dispute shall be forwarded to the heads of the relevant agencies for resolution.
(vi)Convention by lead agencyA lead agency may convene an issue resolution meeting under this subsection at any time without the request of the Federal agency of jurisdiction, project sponsor, or the Governor of a State.
(B)Elevation of issue resolution
(i)In generalIf issue resolution is not achieved by not later than 30 days after the date of a relevant meeting under subparagraph (A), the Secretary shall notify the lead agency, the heads of the relevant participating agencies, and the project sponsor (including the Governor only if the initial issue resolution meeting request came from the Governor) that an issue resolution meeting will be convened.
(ii)RequirementsThe Secretary shall identify the issues to be addressed at the meeting and convene the meeting not later than 30 days after the date of issuance of the notice.
(C)Referral of issue resolution
(i)Referral to Council on Environmental Quality (I)In generalIf resolution is not achieved by not later than 30 days after the date of an issue resolution meeting under subparagraph (B), the Secretary shall refer the matter to the Council on Environmental Quality. (II)MeetingNot later than 30 days after the date of receipt of a referral from the Secretary under subclause (I), the Council on Environmental Quality shall hold an issue resolution meeting with the lead agency, the heads of relevant participating agencies, and the project sponsor (including the Governor only if an initial request for an issue resolution meeting came from the Governor).
(ii)Referral to the PresidentIf a resolution is not achieved by not later than 30 days after the date of the meeting convened by the Council on Environmental Quality under clause (i)(II), the Secretary shall refer the matter directly to the President.
(6)Financial transfer provisions
(A)In generalA Federal agency of jurisdiction over an approval required for a project under applicable laws shall complete any required approval on an expeditious basis using the shortest existing applicable process.
(B)Failure to decide
(i)In generalIf an agency described in subparagraph (A) fails to render a decision under any Federal law relating to a project that requires the preparation of an environmental impact statement or environmental assessment, including the issuance or denial of a permit, license, or other approval by the date described in clause (ii), the agency shall transfer from the applicable office of the head of the agency, or equivalent office to which the authority for rendering the decision has been delegated by law, to the agency or division charged with rendering a decision regarding the application, by not later than 1 day after the applicable date under clause (ii), and once each week thereafter until a final decision is rendered, subject to subparagraph (C)— (I)$20,000 for any project for which an annual financial plan under section 106(i) is required; or (II)$10,000 for any other project requiring preparation of an environmental assessment or environmental impact statement.
(ii)Description of dateThe date referred to in clause (i) is the later of— (I)the date that is 180 days after the date on which an application for the permit, license, or approval is complete; and (II)the date that is 180 days after the date on which the Federal lead agency issues a decision on the project under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(C)Limitations
(i)In generalNo transfer of funds under subparagraph (B) relating to an individual project shall exceed, in any fiscal year, an amount equal to 1 percent of the funds made available for the applicable agency office.
(ii)Failure to decideThe total amount transferred in a fiscal year as a result of a failure by an agency to make a decision by an applicable deadline shall not exceed an amount equal to 5 percent of the funds made available for the applicable agency office for that fiscal year.
(D)TreatmentThe transferred funds shall only be available to the agency or division charged with rendering the decision as additional resources, pursuant to subparagraph (F).
(E)No fault of agencyA transfer of funds under this paragraph shall not be made if the agency responsible for rendering the decision certifies that—
(i)the agency has not received necessary information or approvals from another entity, such as the project sponsor, in a manner that affects the ability of the agency to meet any requirements under State, local, or Federal law; or
(ii)significant new information or circumstances, including a major modification to an aspect of the project, requires additional analysis for the agency to make a decision on the project application.
(F)Treatment of funds
(i)In generalFunds transferred under this paragraph shall supplement resources available to the agency or division charged with making a decision for the purpose of expediting permit reviews.
(ii)AvailabilityFunds transferred under this paragraph shall be available for use or obligation for the same period that the funds were originally authorized or appropriated, plus 1 additional fiscal year.
(iii)LimitationThe Federal agency with jurisdiction for the decision that has transferred the funds pursuant to this paragraph shall not reprogram funds to the office of the head of the agency, or equivalent office, to reimburse that office for the loss of the funds.
(G)AuditsIn any fiscal year in which any Federal agency transfers funds pursuant to this paragraph, the Inspector General of that agency shall—
(i)conduct an audit to assess compliance with the requirements of this paragraph; and
(ii)not later than 120 days after the end of the fiscal year during which the transfer occurred, submit to the Committee on Environment and Public Works of the Senate and any other appropriate congressional committees a report describing the reasons why the transfers were levied, including allocations of resources.
(H)Effect of paragraphNothing in this paragraph affects or limits the application of, or obligation to comply with, any Federal, State, local, or tribal law.
(I)Authority for intra-agency transfer of fundsThe requirement provided under this paragraph for a Federal agency to transfer or reallocate funds of the Federal agency in accordance with subparagraph (B)(i)—
(i)shall be treated by the Federal agency as a requirement and authority consistent with any applicable original law establishing and authorizing the agency; but
(ii)does not provide to the Federal agency the authority to require or determine the intra-agency transfer or reallocation of funds that are provided to or are within any other Federal agency.
(7)Expedient decisions and reviewsTo ensure that Federal environmental decisions and reviews are expeditiously made—
(A)adequate resources made available under this title shall be devoted to ensuring that applicable environmental reviews under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) are completed on an expeditious basis and that the shortest existing applicable process under that Act is implemented; and
(B)the President shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, not less frequently than once every 120 days after the date of enactment of the MAP–21, a report on the status and progress of the following projects and activities funded under this title with respect to compliance with applicable requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.):
(i)Projects and activities required to prepare an annual financial plan under section 106(i).
(ii)A sample of not less than 5 percent of the projects requiring preparation of an environmental impact statement or environmental assessment in each State.
.
1314.Environmental procedures initiative
(a)EstablishmentFor grant programs under which funds are distributed by formula by the Department of Transportation, the Secretary shall establish an initiative to review and develop consistent procedures for environmental permitting and procurement requirements.
(b)ReportThe Secretary shall publish the results of the initiative described in subsection (a) in an electronically accessible format.
1315.Alternative relocation payment demonstration program
(a)Payment demonstration program
(1)In generalExcept as otherwise provided in this section, for the purpose of identifying improvements in the timeliness of providing relocation assistance to persons displaced by Federal or federally assisted programs and projects, the Secretary may allow not more than 5 States to participate in an alternative relocation payment demonstration program under which payments to displaced persons eligible for relocation assistance pursuant to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.) (including implementing regulations), are calculated based on reasonable estimates and paid in advance of the physical displacement of the displaced person.
(2)Timing of paymentsRelocation assistance payments for projects carried out under an approved State demonstration program may be provided to the displaced person at the same time as payments of just compensation for real property acquired for the program or project of the State.
(3)Combining of paymentsPayments for relocation and just compensation may be combined into a single unallocated amount.
(b)Criteria
(1)In generalAfter public notice and an opportunity to comment, the Secretary shall adopt criteria for carrying out the alternative relocation payment demonstration program.
(2)Conditions
(A)In generalConditions for State participation in the demonstration program shall include the conditions described in subparagraphs (B) through (E).
(B)Memorandum of agreementA State wishing to participate in the demonstration program shall be required to enter into a memorandum of agreement with the Secretary that includes provisions relating to—
(i)the selection of projects or programs within the State to which the alternative relocation payment process will be applied;
(ii)program and project-level monitoring;
(iii)performance measurement;
(iv)reporting; and
(v)the circumstances under which the Secretary may terminate the demonstration program of the State before the end of the program term.
(C)Term of demonstration programExcept as provided in subparagraph (B)(v), the demonstration program of the State may continue for up to 3 years after the date on which the Secretary executes the memorandum of agreement.
(D)Displaced persons
(i)In generalDisplaced persons affected by a project included in the demonstration program of the State shall be informed in writing in a format that is clear and easily understandable that the relocation payments that the displaced persons receive under the demonstration program may be higher or lower than the amount that the displaced persons would receive under the standard relocation assistance process.
(ii)Alternative processDisplaced persons shall be informed— (I)of the right of the displaced persons not to participate in the demonstration program; and (II)that the alternative relocation payment process can be used only if the displaced person agrees in writing.
(iii)AssistanceThe displacing agency shall provide any displaced person who elects not to participate in the demonstration program with relocation assistance in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.) (including implementing regulations).
(E)Other displacements
(i)In generalIf other Federal agencies plan displacements in or adjacent to a demonstration program project area within the same time period as the project acquisition and relocation actions of the demonstration program, the Secretary shall adopt measures to protect against inconsistent treatment of displaced persons.
(ii)InclusionMeasures described in clause (i) may include a determination that the demonstration program authority may not be used on a particular project.
(c)Report
(1)In generalThe Secretary shall submit to Congress—
(A)at least every 18 months after the date of enactment of this Act, a report on the progress and results of the demonstration program; and
(B)not later than 1 year after all State demonstration programs have ended, a final report.
(2)RequirementsThe final report shall include an evaluation by the Secretary of the merits of the alternative relocation payment demonstration program, including the effects of the demonstration program on—
(A)displaced persons and the protections afforded to displaced persons by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.);
(B)the efficiency of the delivery of Federal-aid highway projects and overall effects on the Federal-aid highway program; and
(C)the achievement of the purposes of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).
(d)LimitationThe authority of this section may be used only on projects funded under title 23, United States Code, in cases in which the funds are administered by the Federal Highway Administration.
(e)AuthorityThe authority of the Secretary to approve an alternate relocation payment demonstration program for a State terminates on the date that is 3 years after the date of enactment of this Act
1316.Review of Federal project and program delivery
(a)Completion time assessments and reports
(1)In generalFor projects funded under title 23, United States Code, the Secretary shall compare—
(A)
(i)the completion times of categorical exclusions, environmental assessments, and environmental impact statements initiated after calendar year 2005; to
(ii)the completion times of categorical exclusions, environmental assessments, and environmental impact statements initiated during a period prior to calendar year 2005; and
(B)
(i)the completion times of categorical exclusions, environmental assessments, and environmental impact statements initiated during the period beginning on January 1, 2005, and ending on the date of enactment of this Act; to
(ii)the completion times of categorical exclusions, environmental assessments, and environmental impact statements initiated after the date of enactment of this Act.
(2)ReportThe 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—
(A)not later than 1 year after the date of enactment of this Act that—
(i)describes the results of the review conducted under paragraph (1)(A); and
(ii)identifies any change in the timing for completions, including the reasons for any such change and the reasons for delays in excess of 5 years; and
(B)not later than 5 years after the date of enactment of this Act that—
(i)describes the results of the review conducted under paragraph (1)(B); and
(ii)identifies any change in the timing for completions, including the reasons for any such change and the reasons for delays in excess of 5 years.
(b)Additional reportNot later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the types and justification for the additional categorical exclusions granted under the authority provided under sections 1309 and 1310.
(c)GAO reportThe Comptroller General of the United States shall—
(1)assess the reforms carried out under sections 1301 through 1315 (including the amendments made by those sections); and
(2)not later than 5 years after the date of enactment of this Act, submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes the results of the assessment.
(d)Inspector General reportThe Inspector General of the Department of Transportation shall—
(1)assess the reforms carried out under sections 1301 through 1315 (including the amendments made by those sections); and
(2)submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate—
(A)not later than 2 years after the date of enactment of this Act, an initial report of the findings of the Inspector General; and
(B)not later than 4 years after the date of enactment of this Act, a final report of the findings.
DHighway safety
1401.Jason’s Law
(a)In generalIt is the sense of Congress that it is a national priority to address projects under this section for the shortage of long-term parking for commercial motor vehicles on the National Highway System to improve the safety of motorized and nonmotorized users and for commercial motor vehicle operators.
(b)Eligible projectsEligible projects under this section are those that—
(1)serve the National Highway System; and
(2)may include the following:
(A)Constructing safety rest areas (as defined in section 120(c) of title 23, United States Code) that include parking for commercial motor vehicles.
(B)Constructing commercial motor vehicle parking facilities adjacent to commercial truck stops and travel plazas.
(C)Opening existing facilities to commercial motor vehicle parking, including inspection and weigh stations and park-and-ride facilities.
(D)Promoting the availability of publicly or privately provided commercial motor vehicle parking on the National Highway System using intelligent transportation systems and other means.
(E)Constructing turnouts along the National Highway System for commercial motor vehicles.
(F)Making capital improvements to public commercial motor vehicle parking facilities currently closed on a seasonal basis to allow the facilities to remain open year-round.
(G)Improving the geometric design of interchanges on the National Highway System to improve access to commercial motor vehicle parking facilities.
(c)Survey and comparative assessment
(1)In generalThe Secretary, in consultation with relevant State motor carrier safety personnel, shall conduct a survey regarding the availability of parking facilities within each State—
(A)to evaluate the capability of the State to provide adequate parking and rest facilities for motor carriers engaged in interstate motor carrier service;
(B)to assess the volume of motor carrier traffic through the State; and
(C)to develop a system of metrics to measure the adequacy of parking facilities in the State.
(2)ResultsThe results of the survey under paragraph (1) shall be made available to the public on the website of the Department of Transportation.
(3)Periodic updatesThe Secretary shall periodically update the survey under this subsection.
(d)Treatment of projectsNotwithstanding any other provision of law, projects funded through the authority provided under this section shall be treated as projects on a Federal-aid highway under chapter 1 of title 23, United States Code.
1402.Open container requirementsSection 154(c) of title 23, United States Code, is amended—
(1)by striking paragraph (2) and inserting the following:
(2)Fiscal year 2012 and thereafter
(A)Reservation of fundsOn October 1, 2011, and each October 1 thereafter, if a State has not enacted or is not enforcing an open container law described in subsection (b), the Secretary shall reserve an amount equal to 2.5 percent of the funds to be apportioned to the State on that date under each of paragraphs (1) and (2) of section 104(b) until the State certifies to the Secretary the means by which the State will use those reserved funds in accordance with subparagraphs (A) and (B) of paragraph (1) and paragraph (3).
(B)Transfer of fundsAs soon as practicable after the date of receipt of a certification from a State under subparagraph (A), the Secretary shall—
(i)transfer the reserved funds identified by the State for use as described in subparagraphs (A) and (B) of paragraph (1) to the apportionment of the State under section 402; and
(ii)release the reserved funds identified by the State as described in paragraph (3).
;
(2)by striking paragraph (3) and inserting the following:
(3)Use for highway safety improvement program
(A)In generalA State may elect to use all or a portion of the funds transferred under paragraph (2) for activities eligible under section 148.
(B)State departments of transportationIf the State makes an election under subparagraph (A), the funds shall be transferred to the department of transportation of the State, which shall be responsible for the administration of the funds.
; and
(3)by striking paragraph (5) and inserting the following:
(5)Derivation of amount to be transferredThe amount to be transferred under paragraph (2) may be derived from the following:
(A)The apportionment of the State under section 104(b)(l).
(B)The apportionment of the State under section 104(b)(2).
.
1403.Minimum penalties for repeat offenders for driving while intoxicated or driving under the influence
(a)DefinitionsSection 164(a) of title 23, United States Code, is amended—
(1)by striking paragraph (3);
(2)by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; and
(3)in paragraph (4) (as so redesignated) by striking subparagraph (A) and inserting the following:
(A)receive—
(i)a suspension of all driving privileges for not less than 1 year; or
(ii)a suspension of unlimited driving privileges for 1 year, allowing for the reinstatement of limited driving privileges subject to restrictions and limited exemptions as established by State law, if an ignition interlock device is installed for not less than 1 year on each of the motor vehicles owned or operated, or both, by the individual;
.
(b)Transfer of fundsSection 164(b) of title 23, United States Code, is amended—
(1)by striking paragraph (2) and inserting the following:
(2)Fiscal year 2012 and thereafter
(A)Reservation of fundsOn October 1, 2011, and each October 1 thereafter, if a State has not enacted or is not enforcing a repeat intoxicated driver law, the Secretary shall reserve an amount equal to 2.5 percent of the funds to be apportioned to the State on that date under each of paragraphs (1) and (2) of section 104(b) until the State certifies to the Secretary the means by which the States will use those reserved funds among the uses authorized under subparagraphs (A) and (B) of paragraph (1), and paragraph (3).
(B)Transfer of fundsAs soon as practicable after the date of receipt of a certification from a State under subparagraph (A), the Secretary shall—
(i)transfer the reserved funds identified by the State for use as described in subparagraphs (A) and (B) of paragraph (1) to the apportionment of the State under section 402; and
(ii)release the reserved funds identified by the State as described in paragraph (3).
;
(2)by striking paragraph (3) and inserting the following:
(3)Use for highway safety improvement program
(A)In generalA State may elect to use all or a portion of the funds transferred under paragraph (2) for activities eligible under section 148.
(B)State departments of transportationIf the State makes an election under subparagraph (A), the funds shall be transferred to the department of transportation of the State, which shall be responsible for the administration of the funds.
; and
(3)by striking paragraph (5) and inserting the following:
(5)Derivation of amount to be transferredThe amount to be transferred under paragraph (2) may be derived from the following:
(A)The apportionment of the State under section 104(b)(1).
(B)The apportionment of the State under section 104(b)(2).
.
1404.Adjustments to penalty provisions
(a)Vehicle weight limitationsSection 127(a)(1) of title 23, United States Code, is amended by striking No funds shall be apportioned in any fiscal year under section 104(b)(1) of this title to any State which and inserting The Secretary shall withhold 50 percent of the apportionment of a State under section 104(b)(1) in any fiscal year in which the State.
(b)Control of junkyardsSection 136 of title 23, United States Code, is amended—
(1)in subsection (b), in the first sentence—
(A)by striking 10 per centum and inserting 7 percent; and
(B)by striking section 104 of this title and inserting paragraphs (1) through (5) of section 104(b); and
(2)by adding at the end the following:
(n)For purposes of this section, the terms primary system and Federal-aid primary system mean any highway that is on the National Highway System, which includes the Interstate Highway System.
.
(c)Enforcement of vehicle size and weight lawsSection 141(b)(2) of title 23, United States Code, is amended—
(1)by striking 10 per centum and inserting 7 percent; and
(2)by striking section 104 of this title and inserting paragraphs (1) through (5) of section 104(b).
(d)Proof of payment of the heavy vehicle use taxSection 141(c) of title 23, United States Code, is amended—
(1)by striking section 104(b)(4) each place it appears and inserting section 104(b)(1); and
(2)in the first sentence by striking 25 per centum and inserting 8 percent.
(e)Use of safety beltsSection 153(h) of title 23, United States Code, is amended—
(1)by striking paragraph (1);
(2)by redesignating paragraph (2) as paragraph (1);
(3)in paragraph (1) (as so redesignated)—
(A)by striking the paragraph heading and inserting Prior to fiscal year 2012; and
(B)by inserting and before October 1, 2011, after September 30, 1994,; and
(4)by inserting after paragraph (1) (as so redesignated) the following:
(2)Fiscal year 2012 and thereafterIf, at any time in a fiscal year beginning after September 30, 2011, a State does not have in effect a law described in subsection (a)(2), the Secretary shall transfer an amount equal to 2 percent of the funds apportioned to the State for the succeeding fiscal year under each of paragraphs (1) through (3) of section 104(b) to the apportionment of the State under section 402.
.
(f)National minimum drinking ageSection 158(a)(1) of title 23, United States Code, is amended—
(1)by striking The Secretary and inserting the following:
(A)Fiscal years before 2012The Secretary
; and
(2)by adding at the end the following:
(B)Fiscal year 2012 and thereafterFor fiscal year 2012 and each fiscal year thereafter, the amount to be withheld under this section shall be an amount equal to 8 percent of the amount apportioned to the noncompliant State, as described in subparagraph (A), under paragraphs (1) and (2) of section 104(b).
.
(g)Drug offendersSection 159 of title 23, United States Code, is amended—
(1)in subsection (a)—
(A)by striking paragraph (1);
(B)by redesignating paragraph (2) as paragraph (1);
(C)in paragraph (1) (as so redesignated) by striking (including any amounts withheld under paragraph (1)); and
(D)by inserting after paragraph (1) (as so redesignated) the following:
(2)Fiscal year 2012 and thereafterThe Secretary shall withhold an amount equal to 8 percent of the amount required to be apportioned to any State under each of paragraphs (1) and (2) of section 104(b) on the first day of each fiscal year beginning after September 30, 2011, if the State fails to meet the requirements of paragraph (3) on the first day of the fiscal year.
; and
(2)by striking subsection (b) and inserting the following:
(b)Effect of noncomplianceNo funds withheld under this section from apportionments to any State shall be available for apportionment to that State.
.
(h)Zero tolerance blood alcohol concentration for minorsSection 161(a) of title 23, United States Code, is amended—
(1)by striking paragraph (1);
(2)by redesignating paragraph (2) as paragraph (1);
(3)in paragraph (1) (as so redesignated)—
(A)by striking the paragraph heading and inserting Prior to fiscal year 2012; and
(B)by inserting through fiscal year 2011 after each fiscal year thereafter; and
(4)by inserting after paragraph (1) (as so redesignated) the following:
(2)Fiscal year 2012 and thereafterThe Secretary shall withhold an amount equal to 8 percent of the amount required to be apportioned to any State under each of paragraphs (1) and (2) of section 104(b) on October 1, 2011, and on October 1 of each fiscal year thereafter, if the State does not meet the requirement of paragraph (3) on that date.
.
(i)Operation of motor vehicles by intoxicated personsSection 163(e) of title 23, United States Code, is amended by striking paragraphs (1) and (2) and inserting the following:
(1)Fiscal years 2007 through 2011On October 1, 2006, and October 1 of each fiscal year thereafter through fiscal year 2011, if a State has not enacted or is not enforcing a law described in subsection (a), the Secretary shall withhold an amount equal to 8 percent of the amounts to be apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b).
(2)Fiscal year 2012 and thereafterOn October 1, 2011, and October 1 of each fiscal year thereafter, if a State has not enacted or is not enforcing a law described in subsection (a), the Secretary shall withhold an amount equal to 6 percent of the amounts to be apportioned to the State on that date under each of paragraphs (1) and (2) of section 104(b).
.
(j)Commercial driver's licenseSection 31314 of title 49, United States Code, is amended—
(1)by redesignating subsection (c) as subsection (d); and
(2)by inserting after subsection (b) the following:
(c)Penalties imposed in fiscal year 2012 and thereafterEffective beginning on October 1, 2011—
(1)the penalty for the first instance of noncompliance by a State under this section shall be not more than an amount equal to 4 percent of funds required to be apportioned to the noncompliant State under paragraphs (1) and (2) of section 104(b) of title 23; and
(2)the penalty for subsequent instances of noncompliance shall be not more than an amount equal to 8 percent of funds required to be apportioned to the noncompliant State under paragraphs (1) and (2) of section 104(b) of title 23.
.
1405.Highway worker safety
Not later than 60 days after the date of enactment of this Act, the Secretary shall modify section 630.1108(a) of title 23, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that—
(1)at a minimum, positive protective measures are used to separate workers on highway construction projects from motorized traffic in all work zones conducted under traffic in areas that offer workers no means of escape (such as tunnels and bridges), unless an engineering study determines otherwise;
(2)temporary longitudinal traffic barriers are used to protect workers on highway construction projects in long-duration stationary work zones when the project design speed is anticipated to be high and the nature of the work requires workers to be within 1 lane-width from the edge of a live travel lane, unless—
(A)an analysis by the project sponsor determines otherwise; or
(B)the project is outside of an urbanized area and the annual average daily traffic load of the applicable road is less than 100 vehicles per hour; and
(3)when positive protective devices are necessary for highway construction projects, those devices are paid for on a unit-pay basis, unless doing so would create a conflict with innovative contracting approaches, such as design-build or some performance-based contracts under which the contractor is paid to assume a certain risk allocation and payment is generally made on a lump-sum basis.
EMiscellaneous
1501.Program efficienciesThe first sentence of section 102(b) of title 23, United States Code, is amended by striking made available for such engineering and inserting reimbursed for the preliminary engineering.
1502.Project approval and oversightSection 106 of title 23, United States Code, is amended—
(1)in subsection (a)(2) by inserting recipient before formalizing;
(2)in subsection (c)—
(A)in paragraph (1)—
(i)in the heading, by striking Non-Interstate; and
(ii)by striking but not on the Interstate System; and
(B)by striking paragraph (4) and inserting the following:
(4)Limitation on interstate projects
(A)In generalThe Secretary shall not assign any responsibilities to a State for projects the Secretary determines to be in a high risk category, as defined under subparagraph (B).
(B)High risk categoriesThe Secretary may define the high risk categories under this subparagraph on a national basis, a State-by-State basis, or a national and State-by-State basis, as determined to be appropriate by the Secretary.
;
(3)in subsection (e)—
(A)in paragraph (1)—
(i)in subparagraph (A)— (I)in the matter preceding clause (i)— (aa)by striking concept and inserting planning; and (bb)by striking multidisciplined and inserting multidisciplinary; and (II)by striking clause (i) and inserting the following:
(i)providing the needed functions and achieving the established commitments (including environmental, community, and agency commitments) safely, reliably, and at the lowest overall lifecycle cost;
; and
(ii)in subparagraph (B) by striking clause (ii) and inserting the following:
(ii)refining or redesigning, as appropriate, the project using different technologies, materials, or methods so as to accomplish the purpose, functions, and established commitments (including environmental, community, and agency commitments) of the project.
;
(B)in paragraph (2)—
(i)in the matter preceding subparagraph (A) by striking or other cost-reduction analysis;
(ii)in subparagraph (A) by striking Federal-aid system and inserting National Highway System receiving Federal assistance; and
(iii)in subparagraph (B) by inserting on the National Highway System receiving Federal assistance after a bridge project; and
(C)by striking paragraph (4) and inserting the following:
(4)Requirements
(A)Value engineering programThe State shall develop and carry out a value engineering program that—
(i)establishes and documents value engineering program policies and procedures;
(ii)ensures that the required value engineering analysis is conducted before completing the final design of a project;
(iii)ensures that the value engineering analysis that is conducted, and the recommendations developed and implemented for each project, are documented in a final value engineering report; and
(iv)monitors, evaluates, and annually submits to the Secretary a report that describes the results of the value analyses that are conducted and the recommendations implemented for each of the projects described in paragraph (2) that are completed in the State.
(B)Bridge projectsThe value engineering analysis for a bridge project under paragraph (2) shall—
(i)include bridge superstructure and substructure requirements based on construction material; and
(ii)be evaluated by the State— (I)on engineering and economic bases, taking into consideration acceptable designs for bridges; and (II)using an analysis of lifecycle costs and duration of project construction.
;
(4)in subsection (g)(4) by adding at the end the following:
(C)Funding
(i)In generalSubject to project approval by the Secretary, a State may obligate funds apportioned to the State under section 104(b)(2) for carrying out the responsibilities of the State under subparagraph (A).
(ii)Eligible activitiesActivities eligible for assistance under this subparagraph include— (I)State administration of subgrants; and (II)State oversight of subrecipients.
(iii)Annual work planTo receive the funding flexibility made available under this subparagraph, the State shall submit to the Secretary an annual work plan identifying activities to be carried out under this subparagraph during the applicable year.
(iv)Federal shareThe Federal share of the cost of activities carried out under this subparagraph shall be 100 percent.
; and
(5)in subsection (h)—
(A)in paragraph (1)(B) by inserting , including a phasing plan when applicable after financial plan; and
(B)by striking paragraph (3) and inserting the following:
(3)Financial planA financial plan—
(A)shall be based on detailed estimates of the cost to complete the project;
(B)shall provide for the annual submission of updates to the Secretary that are based on reasonable assumptions, as determined by the Secretary, of future increases in the cost to complete the project; and
(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.
.
1503.Standards
(a)Practical designSection 109 of title 23, United States Code, is amended—
(1)in subsection (a)—
(A)in paragraph (1) by striking and at the end;
(B)in paragraph (2) by striking the period at the end and inserting ; and; and
(C)by adding at the end the following:
(3)utilize, when appropriate, practical design solutions, as defined in this section, to ensure that transportation needs are met and that funds available for transportation projects are used efficiently.
;
(2)in subsection (c)—
(A)in paragraph (1), in the matter preceding subparagraph (A)—
(i)by striking , reconstruction, resurfacing (except for maintenance resurfacing), restoration, or rehabilitation and inserting or reconstruction; and
(ii)by striking may take into account and inserting shall consider;
(B)in paragraph (2)—
(i)in the first sentence of the matter preceding subparagraph (A) by striking may and inserting shall;
(ii)in subparagraph (C) by striking and at the end;
(iii)by redesignating subparagraph (D) as subparagraph (F); and
(iv)by inserting after subparagraph (C) the following:
(D)the publication entitled Highway Safety Manual of the American Association of State Highway and Transportation Officials;
(E)the publication entitled A Guide for Achieving Flexibility in Highway Design, 1st Edition, published by the American Association of State Highway and Transportation Officials; and
;
(3)in subsection (f) by inserting pedestrian walkways, after bikeways,;
(4)in subsection (m) by inserting , safe, and continuous after for a reasonable;
(5)in subsection (q) by striking consistent with the operative safety management system established in accordance with section 303 or in accordance with inserting that is in accordance with a State’s strategic highway safety plan and included on; and
(6)by adding at the end the following:
(r)DefinitionIn this section, the term practical design solution means a collaborative interdisciplinary approach that results in a transportation project that fits its physical setting, preserves safety, and balances costs with the necessary scope and project delivery needs of the project, as well as with scenic, aesthetic, historic, and environmental resources.
.
(b)Additional standardsSection 109 of title 23, United States Code (as amended by subsection (a)(6)), is amended by adding at the end the following:
(s)Pavement markingsThe Secretary shall not approve any pavement markings project that includes the use of glass beads containing more than 200 parts per million of arsenic or lead, as determined in accordance with Environmental Protection Agency testing methods 3052, 6010B, or 6010C.
.
1504.ConstructionSection 114 of title 23, United States Code, is amended—
(1)in subsection (b)—
(A)by striking paragraph (1) and inserting the following:
(1)Limitation on convict laborConvict labor shall not be used in construction of Federal-aid highways or portions of Federal-aid highways unless the labor is performed by convicts who are on parole, supervised release, or probation.
; and
(B)in paragraph (3) by inserting in existence during that period after located on a Federal-aid system; and
(2)in subsection (c)—
(A)by striking paragraph (1) and inserting the following:
(1)In generalThe Secretary shall ensure that a worker who is employed on a remote project for the construction of a Federal-aid highway or portion of a Federal-aid highway in the State of Alaska and who is not a domiciled resident of the locality shall receive meals and lodging.
; and
(B)in paragraph (3)(C) by striking highway or portion of a highway located on a Federal-aid system and inserting Federal-aid highway or portion of a Federal-aid highway.
1505.MaintenanceSection 116 of title 23, United States Code, is amended—
(1)in subsection (a)—
(A)in the first sentence, by inserting or other direct recipient before to maintain; and
(B)by striking the second sentence;
(2)by striking subsection (b) and inserting the following:
(b)AgreementIn any State in which the State transportation department or other direct recipient is without legal authority to maintain a project described in subsection (a), the transportation department or direct recipient shall enter into a formal agreement with the appropriate officials of the county or municipality in which the project is located providing for the maintenance of the project.
; and
(3)in the first sentence of subsection (c) by inserting or other direct recipient after State transportation department.
1506.Federal share payableSection 120 of title 23, United States Code, is amended—
(1)in the first sentence of subsection (c)(1)—
(A)by inserting maintaining minimum levels of retroreflectivity of highway signs or pavement markings, after traffic control signalization,;
(B)by inserting shoulder and centerline rumble strips and stripes, after pavement marking,; and
(C)by striking Federal-aid systems and inserting Federal-aid programs;
(2)by striking subsection (e) and inserting the following:
(e)Emergency reliefThe Federal share payable for any repair or reconstruction provided for by funds made available under section 125 for any project on a Federal-aid highway, including the Interstate System, shall not exceed the Federal share payable on a project on the system as provided in subsections (a) and (b), except that—
(1)the Federal share payable for eligible emergency repairs to minimize damage, protect facilities, or restore essential traffic accomplished within 180 days after the actual occurrence of the natural disaster or catastrophic failure may amount to 100 percent of the cost of the repairs;
(2)the Federal share payable for any repair or reconstruction of Federal land transportation facilities, Federal land access transportation facilities, and tribal transportation facilities may amount to 100 percent of the cost of the repair or reconstruction;
(3)the Secretary shall extend the time period in paragraph (1) taking into consideration any delay in the ability of the State to access damaged facilities to evaluate damage and the cost of repair; and
(4)the Federal share payable for eligible permanent repairs to restore damaged facilities to predisaster condition may amount to 100 percent of the cost of the repairs if the eligible expenses incurred by the State due to natural disasters or catastrophic failures in a Federal fiscal year exceeds the annual apportionment of the State under section 104 for the fiscal year in which the disasters or failures occurred.
;
(3)by striking subsection (g) and redesignating subsections (h) through (l) as subsections (g) through (k), respectively;
(4)in subsection (i)(1)(A) (as redesignated by paragraph (3)) by striking and the Appalachian development highway system program under section 14501 of title 40; and
(5)by striking subsections (j) and (k) (as redesignated by paragraph (3)) and inserting the following:
(j)Use of federal agency fundsNotwithstanding any other provision of law, any Federal funds other than those made available under this title and title 49, United States Code, may be used to pay the non-Federal share of the cost of any transportation project that is within, adjacent to, or provides access to Federal land, the Federal share of which is funded under this title or chapter 53 of title 49.
(k)Use of Federal land and tribal transportation fundsNotwithstanding any other provision of law, the funds authorized to be appropriated to carry out the tribal transportation program under section 202 and the Federal lands transportation program under section 203 may be used to pay the non-Federal share of the cost of any project that is funded under this title or chapter 53 of title 49 and that provides access to or within Federal or tribal land.
.
1507.Transferability of Federal-aid highway funds
(a)In generalSection 126 of title 23, United States Code, is amended to read as follows:
126.Transferability of Federal-aid highway funds
(a)In generalNotwithstanding any other provision of law, subject to subsection (b), a State may transfer from an apportionment under section 104(b) not to exceed 20 percent of the amount apportioned for the fiscal year to any other apportionment of the State under that section.
(b)Application to certain set-asidesFunds that are subject to sections 104(d) and 133(d) shall not be transferred under this section. The maximum amount that a State may transfer under this section of the State’s set-aside under section 149(l) for a fiscal year may not exceed 25 percent of (1) the amount of such set-aside, less (2) the amount of the State’s set-aside under section 133(d)(2), as in effect on the day before the date of enactment of the MAP–21, for fiscal year 1997.
.
(b)Conforming amendmentThe analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 126 and inserting the following:
126. Transferability of Federal-aid highway funds.
.
1508.Special permits during periods of national emergencySection 127 of title 23, United States Code, is amended by inserting at the end the following:
(i)Special permits during periods of national emergency
(1)In generalNotwithstanding any other provision of this section, a State may issue special permits during an emergency to overweight vehicles and loads that can easily be dismantled or divided if—
(A)the President has declared the emergency to be a major disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.);
(B)the permits are issued in accordance with State law; and
(C)the permits are issued exclusively to vehicles and loads that are delivering relief supplies.
(2)ExpirationA permit issued under paragraph (1) shall expire not later than 120 days after the date of the declaration of emergency under subparagraph (A) of that paragraph.
.
1509.Electric vehicle charging stations
(a)Fringe and corridor parking facilitiesSection 137 of title 23, United States Code, is amended—
(1)in subsection (a) by inserting after the second sentence the following: “The addition of electric vehicle charging stations to new or previously funded parking facilities shall be eligible for funding under this section.”; and
(2)in subsection (f)(1)—
(A)by striking 104(b)(4) and inserting 104(b)(1); and
(B)by inserting including the addition of electric vehicle charging stations, after new facilities,.
(b)Public transportationSection 142(a)(1) of title 23, United States Code, is amended by inserting (which may include electric vehicle charging stations) after corridor parking facilities.
1510.HOV facilitiesSection 166 of title 23, United States Code, is amended—
(1)in subsection (b)(5)—
(A)in subparagraph (A) by striking Before September 30, 2009, the and inserting The; and
(B)in subparagraph (B) by striking Before September 30, 2009, the and inserting The; and
(2)in subsection (d)(1)—
(A)in the matter preceding subparagraph (A)—
(i)by striking in a fiscal year shall certify and inserting shall submit to the Secretary a report demonstrating that the facility is not already degraded, and that the presence of the vehicles will not cause the facility to become degraded, and certify; and
(ii)by striking in the fiscal year;
(B)in subparagraph (A) by inserting and submitting to the Secretary annual reports of those impacts after adjacent highways;
(C)in subparagraph (C) by striking if the presence of the vehicles has degraded the operation of the facility and inserting whenever the operation of the facility is degraded; and
(D)by adding at the end the following:
(D)Maintenance of operating performanceA facility that has become degraded shall be brought back into compliance with the minimum average operating speed performance standard by not later than 180 days after the date on which the degradation is identified through changes to operation, including the following:
(i)Increase the occupancy requirement for HOVs.
(ii)Increase the toll charged for vehicles allowed under subsection (b) to reduce demand.
(iii)Charge tolls to any class of vehicle allowed under subsection (b) that is not already subject to a toll.
(iv)Limit or discontinue allowing vehicles under subsection (b).
(v)Increase the available capacity of the HOV facility.
(E)ComplianceIf the State fails to bring a facility into compliance under subparagraph (D), the Secretary shall subject the State to appropriate program sanctions under section 1.36 of title 23, Code of Federal Regulations (or successor regulations), until the performance is no longer degraded.
.
1511.Construction equipment and vehicles
(a)In generalChapter 3 of title 23, United States Code, is amended by adding at the end the following:
330.Construction equipment and vehicles
(a)In generalIn accordance with the obligation process established pursuant to section 149(j)(4), a State shall expend amounts required to be obligated for this section to install diesel emission control technology on covered equipment, with an engine that does not meet current model year new engine standards for particulate matter for the applicable engine power group issued by the Environmental Protection Agency, on a covered highway construction project within a PM2.5 nonattainment or maintenance area. Covered equipment repowered or retrofit with diesel exhaust control technology installed during the 6-year period ending on the date on which the prime contract was awarded for the covered highway construction project and equipment that meets the Environmental Protection Agency Tier 4 emission standards may be exempt from the requirements of this section.
(b)DefinitionsIn this section, the following definitions apply:
(1)Covered equipmentThe term covered equipment means any nonroad diesel equipment or on-road diesel equipment that is operated on a covered highway construction project for not less than 80 hours over the life of the project.
(2)Covered highway construction project
(A)In generalThe term covered highway construction project means a highway construction project carried out under this title or any other Federal law which is funded in whole or in part with Federal funds.
(B)ExclusionsAny project with a total budgeted cost not to exceed $5,000,000 may be excluded from the requirements of this section by an applicable State or metropolitan planning organization.
(3)Diesel emission control technologyThe term diesel emission control technology means a technology that—
(A)is—
(i)a diesel exhaust control technology;
(ii)a diesel engine upgrade;
(iii)a diesel engine repower;
(iv)an idle reduction control technology; or
(v)any combination of the technologies listed in clauses (i) through (iv);
(B)reduces particulate matter emission from covered equipment by—
(i)not less than 85 percent control of any emission of particulate matter; or
(ii)the maximum achievable reduction of any emission of particulate matter, taking cost and safety into account; and
(C)is installed on and operated with the covered equipment while the equipment is operated on a covered highway construction project and that remains operational on the covered equipment for the useful life of the control technology or equipment.
(4)Eligible entityThe term eligible entity means an entity (including a subcontractor of the entity) that has entered into a prime contract or agreement with a State to carry out a covered highway construction project.
(5)Nonroad diesel equipment
(A)In generalThe term nonroad diesel equipment means a vehicle, including covered equipment, that is—
(i)powered by a nonroad diesel engine of not less than 50 horsepower; and
(ii)not intended for highway use.
(B)InclusionsThe term nonroad diesel equipment includes a backhoe, bulldozer, compressor, crane, excavator, generator, and similar equipment.
(C)ExclusionsThe term nonroad diesel equipment does not include a locomotive or marine vessel.
(6)On-road diesel equipmentThe term on-road diesel equipment means any self-propelled vehicle that—
(A)operates on diesel fuel;
(B)is designed to transport persons or property on a street or highway; and
(C)has a gross vehicle weight rating of at least 14,000 pounds.
(7)PM2.5 nonattainment or maintenance areaThe term PM2.5 nonattainment or maintenance area means a nonattainment or maintenance area designated under section 107(d)(6) of the Clean Air Act (42 U.S.C. 7407(d)(6)).
(c)Criteria eligible activitiesFor purposes of subsection (b)(3)(A):
(1)Diesel exhaust control technologyFor a diesel exhaust control technology, the technology shall be—
(A)installed on a diesel engine or vehicle;
(B)a verified technology (as defined in section 791 of the Energy Policy Act of 2005 (42 U.S.C. 16131)), for nonroad vehicles and nonroad engines (as defined in section 216 of the Clean Air Act (42 U.S.C. 7550)); and
(C)certified by the installer as having been installed in accordance with the specifications included on the list published pursuant to section 149(f)(2), as in effect on the day before the date of enactment of the MAP–21, for achieving a reduction in particulate matter.
(2)Diesel engine upgradeFor a diesel engine upgrade, the upgrade shall be performed on an engine that is—
(A)rebuilt using new or manufactured components that collectively qualify as verified technologies (as defined in section 791 of the Energy Policy Act of 2005 (42 U.S.C. 16131)), for nonroad vehicles and nonroad engines (as defined in section 216 of the Clean Air Act (42 U.S.C. 7550)); and
(B)certified by the installer to have been installed in accordance with the specifications included on the list published pursuant to section 149(f)(2), as in effect on the day before the date of enactment of the MAP–21, for achieving a reduction in particulate matter.
(3)Diesel engine repowerFor a diesel engine repower, the repower shall be conducted using a new or remanufactured diesel engine that is—
(A)installed as a replacement for an engine used in the existing equipment, subject to the condition that the replaced engine is returned to the supplier for remanufacturing to a more stringent set of engine emissions standards or for use as scrap; and
(B)meeting a more stringent engine particulate matter emission standard for the applicable engine power group established by the Environmental Protection Agency than the engine particulate matter emission standard applicable to the replaced engine.
(4)Idle reduction control technologyFor an idle reduction control technology, the technology shall be—
(A)installed on a diesel engine or vehicle;
(B)a verified technology (as defined in section 791 of the Energy Policy Act of 2005 (42 U.S.C. 16131)), for nonroad vehicles and nonroad engines (as defined in section 216 of the Clean Air Act (42 U.S.C. 7550)); and
(C)certified by the installer as having been installed in accordance with the specifications included on the list published pursuant to section 149(f)(2), as in effect on the day before the date of enactment of the MAP–21, for achieving a reduction in particulate matter.
(d)Eligibility for credits
(1)In generalA State may take credit in a State implementation plan for national ambient air quality standards for any emission reductions that result from the implementation of this section.
(2)CreditingAn emission reduction described in paragraph (1) may be credited toward demonstrating conformity of State implementation plans and transportation plans.
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(b)Savings clauseNothing in this section modifies or otherwise affects any authority or restrictions established under the Clean Air Act (42 U.S.C. 7401 et seq.).
(c)Report to Congress
(1)In generalNot later than 2 years after the date of enactment of this Act, the Secretary of Transportation shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes the manners in which section 330 of title 23, United States Code (as added by subsection (a)) has been implemented, including the quantity of covered equipment serviced under those sections and the costs associated with servicing the covered equipment.
(2)Information from StatesThe Secretary shall require States and recipients, as a condition of receiving amounts under this Act or under the provisions of any amendments made by this Act, to submit to the Secretary any information that the Secretary determines necessary to complete the report under paragraph (1).
(d)Technical amendmentThe analysis for chapter 3 of title 23, United States Code, is amended by adding at the end the following:
330. Construction equipment and vehicles.
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1512.Use of debris from demolished bridges and overpassesSection 1805(a) of the SAFETEA–LU (23 U.S.C. 144 note; 119 Stat. 1459) is amended by striking highway bridge replacement and rehabilitation program under section 144 and inserting national highway performance program under section 119.
1513.Extension of public transit vehicle exemption from axle weight restrictionsSection 1023(h) of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 127 note; Public Law 102–388) is amended—
(1)in the heading of paragraph (1) by striking Temporary Exemption and inserting Exemption;
(2)in paragraph (1) by striking , for the period beginning on October 6, 1992, and ending on October 1, 2009,; and
(3)in paragraph (2)(A) by striking For the period beginning on the date of enactment of this subparagraph and ending on September 30, 2009, a and inserting A.
1514.Uniform Relocation Assistance Act amendments
(a)Moving and related expensesSection 202 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4622) is amended—
(1)in subsection (a)(4) by striking $10,000 and inserting $25,000, as adjusted by regulation, in accordance with section 213(d); and
(2)in the second sentence of subsection (c) by striking $20,000 and inserting $40,000, as adjusted by regulation, in accordance with section 213(d).
(b)Replacement housing for homeownersThe first sentence of section 203(a)(1) of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4623(a)(1)) is amended—
(1)by striking $22,500 and inserting $31,000, as adjusted by regulation, in accordance with 213(d),; and
(2)by striking one hundred and eighty days prior to and inserting 90 days before.
(c)Replacement housing for tenants and certain othersSection 204 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4624) is amended—
(1)in the second sentence of subsection (a) by striking $5,250 and inserting $7,200, as adjusted by regulation, in accordance with section 213(d); and
(2)in the second sentence of subsection (b) by striking , except and all that follows through the end of the subsection and inserting a period.
(d)Duties of lead agencySection 213 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4633) is amended—
(1)in subsection (b)—
(A)in paragraph (2) by striking and at the end;
(B)in paragraph (3) by striking the period at the end and inserting ; and; and
(C)by adding at the end the following:
(4)that each Federal agency that has programs or projects requiring the acquisition of real property or causing a displacement from real property subject to the provisions of this Act shall provide to the lead agency an annual summary report the describes the activities conducted by the Federal agency.
; and
(2)by adding at the end the following:
(d)Adjustment of paymentsThe head of the lead agency may adjust, by regulation, the amounts of relocation payments provided under sections 202(a)(4), 202(c), 203(a), and 204(a) if the head of the lead agency determines that cost of living, inflation, or other factors indicate that the payments should be adjusted to meet the policy objectives of this Act.
.
(e)Agency coordinationTitle II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 is amended by inserting after section 213 (42 U.S.C. 4633) the following:
214.Agency coordination
(a)Agency capacityEach Federal agency responsible for funding or carrying out relocation and acquisition activities shall have adequately trained personnel and such other resources as are necessary to manage and oversee the relocation and acquisition program of the Federal agency in accordance with this Act.
(b)Interagency agreementsNot later than 1 year after the date of enactment of this section, each Federal agency responsible for funding relocation and acquisition activities (other than the agency serving as the lead agency) shall enter into a memorandum of understanding with the lead agency that—
(1)provides for periodic training of the personnel of the Federal agency, which in the case of a Federal agency that provides Federal financial assistance, may include personnel of any displacing agency that receives Federal financial assistance;
(2)addresses ways in which the lead agency may provide assistance and coordination to the Federal agency relating to compliance with the Act on a program or project basis; and
(3)addresses the funding of the training, assistance, and coordination activities provided by the lead agency, in accordance with subsection (c).
(c)Interagency payments
(1)In generalFor the fiscal year that begins 1 year after the date of enactment of this section, and each fiscal year thereafter, each Federal agency responsible for funding relocation and acquisition activities (other than the agency serving as the lead agency) shall transfer to the lead agency for the fiscal year, such funds as are necessary, but not less than $35,000, to support the training, assistance, and coordination activities of the lead agency described in subsection (b).
(2)Included costsThe cost to a Federal agency of providing the funds described in paragraph (1) shall be included as part of the cost of 1 or more programs or projects undertaken by the Federal agency or with Federal financial assistance that result in the displacement of persons or the acquisition of real property.
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(f)Cooperation with Federal agenciesSection 308 of title 23, United States Code, is amended by striking subsection (a) and inserting the following:
(a)Authorized activities
(1)In generalThe Secretary may perform, by contract or otherwise, authorized engineering or other services in connection with the survey, construction, maintenance, or improvement of highways for other Federal agencies, cooperating foreign countries, and State cooperating agencies.
(2)InclusionsServices authorized under paragraph (1) may include activities authorized under section 214 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.
(3)ReimbursementReimbursement for services carried out under this subsection (including depreciation on engineering and road-building equipment) shall be credited to the applicable appropriation.
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(g)Effective dates
(1)In generalExcept as provided in paragraph (2), the amendments made by this section shall take effect on the date of enactment of this Act.
(2)ExceptionThe amendments made by subsections (a) through (c) shall take effect 2 years after the date of enactment of this Act.
1515.Use of youth service and conservation corps
(a)In generalThe Secretary shall encourage the States and regional transportation planning agencies to enter into contracts and cooperative agreements with qualified youth service or conservation corps, as defined in sections 122(a)(2) of Public Law 101–610 (42 U.S.C. 12572(a)(2)) and 106(c)(3) of Public Law 103–82 (42 U.S.C. 12656(c)(3)) to perform—
(1)appropriate projects eligible under sections 162, 206, and 217 of title 23, United States Code;
(2)appropriate transportation enhancement activities, as defined under section 101(a) of such title;
(3)appropriate byway, trail, or bicycle and pedestrian projects under sections 202, 203, and 204 of such title; and
(4)appropriate safe routes to school projects under section 1404 of the SAFETEA–LU (119 Stat. 1228).
(b)RequirementsUnder any contract or cooperative agreement entered into with a qualified youth service or conservation corps under this section, the Secretary shall—
(1)set the amount of a living allowance or rate of pay for each participant in such corps at—
(A)such amount or rate as required under State law in a State with such requirements; or
(B)for corps in States not described in subparagraph (A), at such amount or rate as determined by the Secretary, not to exceed the maximum living allowance authorized by section 140 of Public Law 101–610 (42 U.S.C. 12594); and
(2)not subject such corps to the requirements of section 112 of title 23, United States Code.
1516.Consolidation of programs; repeal of obsolete provisions
(a)Consolidation of programsFrom administrative funds made available under section 104(a) of title 23, United States Code, not less than $15,000,000 for each of fiscal years 2012 and 2013 shall be made available for the following activities:
(1)To carry out the operation lifesaver program—
(A)to provide public information and education programs to help prevent and reduce motor vehicle accidents, injuries, and fatalities; and
(B)to improve driver performance at railway-highway crossings.
(2)To operate the national work zone safety information clearinghouse authorized by section 358(b)(2) of the National Highway System Designation Act of 1995 (23 U.S.C. 401 note; 109 Stat. 625)
(3)To operate a public road safety clearinghouse in accordance with section 1411(a) of the SAFETEA–LU (23 U.S.C. 402 note; 119 Stat. 1234).
(4)To operate a bicycle and pedestrian safety clearinghouse in accordance with section 1411(b) of the SAFETEA–LU (23 U.S.C. 402 note; 119 Stat. 1234).
(5)To operate a national safe routes to school clearinghouse in accordance with section 1404(g) of the SAFETEA–LU (23 U.S.C. 402 note; 119 Stat. 1229).
(6)To provide work zone safety grants in accordance with subsections (a) and (b) of section 1409 of the SAFETEA–LU (23 U.S.C. 401 note; 119 Stat. 1232).
(7)To provide grants to prohibit racial profiling in accordance with section 1906 of the SAFETEA–LU (23 U.S.C. 402 note; 119 Stat. 1468).
(b)RepealsSections 105, 110, 117, 124, 151, 155, 160, and 303 of title 23, United States Code, are repealed.
(c)Conforming amendments
(1)Title analysisThe analysis for title 23, United States Code, is amended by striking the items relating to sections 105, 110, 117, 124, 151, 155, 160, and 303 of that title.
(2)Section 118Section 118 of such title is amended—
(A)in subsection (b)—
(i)by striking paragraph (1) and all that follows through the heading of paragraph (2); and
(ii)by striking (other than for Interstate construction);
(B)by striking subsection (c); and
(C)by redesignating subsections (d) and (e) as subsections (c) and (d), respectively.
(3)Section 130Section 130 of such title is amended—
(A)by striking subsections (e) through (h);
(B)by redesignating subsection (i) as subsection (e);
(C)by striking subsections (j) and (k);
(D)by redesignating subsection (l) as subsection (f);
(E)in subsection (e) (as so redesignated) by striking this sectionthe second place it appears and inserting section 104(b)(3); and
(F)in subsection (f) (as so redesignated) by striking paragraphs (3) and (4).
(4)Section 142Section 142 of title 23, United States Code, is amended—
(A)in subsection (a)—
(i)in paragraph (1)— (I)by striking motor vehicles (other than rail) and inserting buses; (II)by striking (hereafter in this section referred to as buses); (III)by striking Federal-aid systems and inserting Federal-aid highways; and (IV)by striking Federal-aid system and inserting Federal-aid highway; and
(ii)in paragraph (2)— (I)by striking as a project on the the surface transportation program for; and (II)by striking section 104(b)(3) and inserting “section 104(b)(2);
(B)in subsection (b) by striking 104(b)(4) and inserting 104(b)(1);
(C)in subsection (c)—
(i)by striking system in each place it appears and inserting highway; and
(ii)by striking highway facilities and inserting highways eligible under the program that is the source of the funds;
(D)in subsection (e)(2)—
(i)by striking Notwithstanding section 209(f)(1) of the Highway Revenue Act of 1956, the Highway Trust Fund shall be available for making expenditures to meet obligations resulting from projects authorized by subsection (a)(2) of this section and such projects and inserting Projects authorized by subsection (a)(2); and
(ii)striking on the surface transportation program and inserting under the transportation mobility program; and
(E)in subsection (f) by striking exits and inserting exists.
(5)Section 145Section 145(b) of title 23, United States Code, is amended by striking section 117 of this title,.
(6)Section 322Section 322(h)(3) of title 23, United States Code, is amended by striking surface transportation program and inserting the transportation mobility program.
(d)Certain allocationsNotwithstanding any other provision of law, any unobligated balances of amounts required to be allocated to a State by section 1307(d)(1) of the SAFETEA–LU (23 U.S.C. 322 note; 119 Stat. 1217; 122 Stat. 1577) shall instead be made available to such State for any purpose eligible under section 133(c) of title 23, United States Code.
1517.Rescissions
(a)Fiscal year 2012
(1)Not later than 30 days after the date of enactment of this Act, of the unobligated balances available under sections 144(f) and 320 of title 23, United States Code, section 147 of Public Law 95–599 (23 U.S.C. 144 note; 92 Stat. 2714), section 9(c) of Public Law 97–134 (95 Stat. 1702), section 149 of Public Law 100–17 (101 Stat. 181), sections 1006, 1069, 1103, 1104, 1105, 1106, 1107, 1108, 6005, 6015, and 6023 of Public Law 102–240 (105 Stat. 1914), section 1602 of Public Law 105–178 (112 Stat. 256), sections 1301, 1302, 1702, and 1934 of Public Law 109–59 (119 Stat. 1144), and of other funds apportioned to each State under chapter 1 of title 23, United States Code, prior to the date of enactment of this Act, $2,391,000,000 are permanently rescinded.
(2)In administering the rescission required under this subsection, the Secretary shall allow each State to determine the amount of the required rescission to be drawn from the programs to which the rescission applies.
(b)Fiscal year 2013
(1)On October 1, 2012, of the unobligated balances of funds apportioned or allocated on or before that date to each State under chapter 1 of title 23, United States Code, $3,054,000,000 are permanently rescinded.
(2)Notwithstanding section 1132 of the Energy Independence and Security Act of 2007 (Public Law 110–140; 121 Stat. 1763), in administering the rescission required under this subsection, the Secretary shall allow each State to determine the amount of the required rescission to be drawn from the programs to which the rescission applies.
1518.State autonomy for culvert pipe selectionNot later than 180 days after the date of enactment of this Act, the Secretary shall modify section 635.411 of title 23, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that States shall have the autonomy to determine culvert and storm sewer material types to be included in the construction of a project on a Federal-aid highway.
1519.Effective and significant performance measures
(a)Limited number of performance measuresIn implementing provisions of this Act (including the amendments made by this Act) and title 23, United States Code (other than chapter 4 of that title), that authorize the Secretary to develop performance measures, the Secretary shall limit the number of performance measures established to the most significant and effective measures.
(b)Different approaches for urban and rural areasIn the development and implementation of any performance target, a State may, as appropriate, provide for different performance targets for urbanized and rural areas.
1520.Requirements for eligible bridge projects
(a)DefinitionsIn this section:
(1)Eligible bridge projectThe term eligible bridge project means a project for construction, alteration, or repair work on a bridge or overpass funded directly by, or provided other assistance through, the Federal Government.
(2)Qualified training programThe term qualified training program means a training program that—
(A)
(i)is certified by the Secretary of Labor; and
(ii)with respect to an eligible bridge project located in an area in which the Secretary of Labor determines that a training program does not exist, is registered with— (I)the Department of Labor; or (II)a State agency recognized by the Department of Labor for purposes of a Federal training program; or
(B)is a corrosion control, mitigation and prevention personnel training program that is offered by an organization whose standards are recognized and adopted in other Federal or State Departments of Transportation.
(3)SecretaryThe term Secretary means the Secretary of Transportation.
(b)Eligibility requirements
(1)In generalEach contractor and subcontractor that carries out any aspect of an eligible bridge project described in paragraph (2) shall—
(A)before entering into the applicable contract, be certified by the Secretary or a State, in accordance with paragraph (4), as meeting the eligibility requirements described in paragraph (3); and
(B)remain certified as described in subparagraph (A) while carrying out the applicable aspect of the eligible bridge project.
(2)Description of aspects of eligible bridge projectsAn aspect of an eligible bridge project referred to in paragraph (1) is—
(A)surface preparation or coating application on bridge steel of an eligible bridge project;
(B)removal of a lead-based or other hazardous coating from bridge steel of an existing eligible bridge project;
(C)shop painting of structural steel fabricated for installation on bridge steel of an eligible bridge project; and
(D)the design, application, installation, and maintenance of a cathodic protection system.
(3)RequirementsThe eligibility requirements referred to in paragraph (1) are that a contractor or subcontractor shall—
(A)as determined by the Secretary—
(i)use corrosion mitigation and prevention methods to preserve relevant bridges and overpasses, taking into account— (I)material selection; (II)coating considerations; (III)cathodic protection considerations; (IV)design considerations for corrosion; and (V)trained applicators;
(ii)use best practices— (I)to prevent environmental degradation; and (II)to ensure careful handling of all hazardous materials; and
(iii)demonstrate a history of employing industry-respected inspectors to ensure funds are used in the interest of affected taxpayers; and
(B)demonstrate a history of compliance with applicable requirements of the Occupational Safety and Health Administration, as determined by the Secretary of Labor.
(4)State consultationIn determining whether to certify a contractor or subcontractor under paragraph (1)(A), a State shall consult with engineers and other experts trained in accordance with subsection (a)(2) specializing in corrosion control, mitigation, and prevention methods.
(c)Optional training programAs a condition of entering into a contract for an eligible bridge project, each contractor and subcontractor that performs construction, alteration, or repair work on a bridge or overpass for the eligible bridge project may provide, or make available, training, through a qualified training program, for each applicable craft or trade classification of employees that the contractor or subcontractor intends to employ to carry out aspects of eligible bridge projects as described in subsection (b)(2).
1521.Idle reduction technologySection 127(a)(12) of title 23, United States Code, is amended—
(1)in subparagraph (B), by striking 400 and inserting 550; and
(2)in subparagraph (C)(ii), by striking 400-pound and inserting 550-pound.
1522.Report on Highway Trust Fund expenditures
(a)Initial reportNot later than 150 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report describing the activities funded from the Highway Trust Fund during each of fiscal years 2009 through 2011, including for purposes other than construction and maintenance of highways and bridges.
(b)UpdatesNot later than 5 years after the date on which the report is submitted under subsection (a) and every 5 years thereafter, the Comptroller General of the United States shall submit to Congress a report that updates the information provided in the report under that subsection for the applicable 5-year period.
(c)InclusionsA report submitted under subsection (a) or (b) shall include information similar to the information included in the report of the Government Accountability Office numbered GAO–09–729R and entitled Highway Trust Fund Expenditures on Purposes Other Than Construction and Maintenance of Highways and Bridges During Fiscal Years 2004–2008.
1523.Evacuation routesEach State shall give adequate consideration to the needs of evacuation routes in the State, including such routes serving or adjacent to facilities operated by the Armed Forces, when allocating funds apportioned to the State under title 23, United States Code, for the construction of Federal-aid highways.
1524.Defense access road program enhancements to address transportation infrastructure in the vicinity of military installationsThe second sentence of section 210(a)(2) of title 23, United States Code, is amended by inserting , in consultation with the Secretary of Transportation, before shall determine.
1525.Express lanes demonstration programSection 1604(b) of the SAFETEA–LU (23 U.S.C. 129 note; Public Law 109–59) is amended—
(1)in paragraph (1)(A)—
(A)in clause (ii), by inserting and after the semicolon;
(B)by striking clause (iii); and
(C)by redesignating clause (iv) as clause (iii); and
(2)in paragraph (2), by striking 2009 and inserting 2013.
1526.TREATMENT OF HISTORIC SIGNSThe Secretary shall, not later than 180 days after the date of enactment of this Act, initiate a rulemaking to exempt locally identified historic street name signs or replicas of historic signs from complying with all or part of section 2D.43 of the Manual on Uniform Traffic Control Devices.
1527.Consolidation of grants
(a)DefinitionsIn this section, the term recipient means—
(1)a State, local, or tribal government, including—
(A)a territory of the United States;
(B)a transit agency;
(C)a port authority;
(D)a metropolitan planning organization; or
(E)any other political subdivision of a State or local government;
(2)a multistate or multijurisdictional group, if each member of the group is an entity described in paragraph (1); and
(3)a public-private partnership, if both parties are engaged in building the project.
(b)Consolidation
(1)In generalA recipient that receives multiple grant awards from the Department to support 1 multimodal project may request that the Secretary designate 1 modal administration in the Department to be the lead administering authority for the overall project.
(2)New startsAny project that includes funds awarded under section 5309 of title 49, United States Code, shall be exempt from consolidation under this section unless the grant recipient requests the Federal Transit Administration to be the lead administering authority.
(3)Review
(A)In generalNot later than 30 days after the date on which a request under paragraph (1) is made, the Secretary shall review the request and approve or deny the designation of a single modal administration as the lead administering authority and point of contact for the Department.
(B)Notification
(i)In generalThe Secretary shall notify the requestor of the decision of the Secretary under subparagraph (A) in such form and at such time as the Secretary and the requestor agree.
(ii)DenialIf a request is denied, the Secretary shall provide the requestor with a detailed explanation of the reasoning of the Secretary with the notification under clause (i).
(c)Duties
(1)In generalA modal administration designated as a lead administering authority under this section shall—
(A)be responsible for leading and coordinating the integrated project management team, which shall consist of all of the other modal administrations in the Department relating to the multimodal project; and
(B)to the extent feasible during the first 30 days of carrying out the multimodal project, identify overlapping or duplicative regulatory requirements that exist for the project and propose a single, streamlined approach to meeting all of the applicable regulatory requirements through the activities described in subsection (d).
(2)Administration
(A)In generalThe Secretary shall transfer all amounts that have been awarded for the multimodal project to the modal administration designated as the lead administering authority.
(B)Option
(i)In generalParticipation under this section shall be optional for recipients, and no recipient shall be required to participate.
(ii)Secretarial dutiesThe Secretary is not required to identify every recipient that may be eligible to participate under this section.
(d)Cooperation
(1)In generalThe Secretary and modal administrations with relevant jurisdiction over a multimodal project should cooperate on project review and delivery activities at the earliest practicable time.
(2)PurposesThe purposes of the cooperation under paragraph (1) are—
(A)to avoid delays and duplication of effort later in the process;
(B)to prevent potential conflicts; and
(C)to ensure that planning and project development decisions are made in a streamlined manner and consistent with applicable law.
(e)ApplicabilityNothing in this section shall—
(1)supersede, amend, or modify the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any other Federal environmental law; or
(2)affect the responsibility of any Federal officer to comply with or enforce any law described in paragraph (1).
1528.Buy America provisionsSection 313 of title 23, United States Code, is amended by adding at the end the following:
(g)Application to highway programsThe requirements under this section shall apply to all contracts eligible for assistance under this chapter for a project carried out within the scope of the applicable finding, determination, or decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), regardless of the funding source of such contracts, if at least 1 contract for the project is funded with amounts made available to carry out this title.
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1529.Exemptions from requirements for certain farm vehicles
(a)Federal requirementsA covered farm vehicle, including the individual operating that vehicle, shall be exempt from the following:
(1)Any requirement relating to commercial driver’s licenses established under chapter 313 of title 49, United States Code.
(2)Any requirement relating to medical certificates established under—
(A)subchapter III of chapter 311 of title 49, United States Code; or
(B)chapter 313 of title 49, United States Code.
(3)Any requirement relating to hours of service established under—
(A)subchapter III of chapter 311 of title 49, United States Code; or
(B)chapter 315 of title 49, United States Code.
(4)Any requirement relating to vehicle inspection, repair, and maintenance established under—
(A)subchapter III of chapter 311 of title 49, United States Code; or
(B)chapter 315 of title 49, United States Code.
(b)State requirements
(1)In generalFederal transportation funding to a State may not be terminated, limited, or otherwise interfered with as a result of the State exempting a covered farm vehicle, including the individual operating that vehicle, from any State requirement relating to the operation of that vehicle.
(2)ExceptionParagraph (1) does not apply with respect to a covered farm vehicle transporting hazardous materials that require a placard.
(3)State requirementsNotwithstanding section (a) or any other provision of law, a State may enact and enforce safety requirements related to covered farm vehicles.
(c)Covered farm vehicle defined
(1)In generalIn this section, the term covered farm vehicle means a motor vehicle (including an articulated motor vehicle)—
(A)that—
(i)is traveling in the State in which the vehicle is registered or another State;
(ii)is operated by— (I)a farm owner or operator; (II)a ranch owner or operator; or (III)an employee or family member of an individual specified in subclause (I) or (II);
(iii)is transporting to or from a farm or ranch— (I)agricultural commodities; (II)livestock; or (III)machinery or supplies;
(iv)except as provided in paragraph (2), is not used in the operations of a for-hire motor carrier; and
(v)is equipped with a special license plate or other designation by the State in which the vehicle is registered to allow for identification of the vehicle as a farm vehicle by law enforcement personnel; and
(B)that has a gross vehicle weight rating or gross vehicle weight, whichever is greater, that is—
(i)26,001 pounds or less; or
(ii)greater than 26,001 pounds and traveling within the State or within 150 air miles of the farm or ranch with respect to which the vehicle is being operated.
(2)InclusionIn this section, the term covered farm vehicle includes a motor vehicle that meets the requirements of paragraph (1) (other than paragraph (1)(A)(iv)) and is—
(A)operated pursuant to a crop share farm lease agreement;
(B)owned by a tenant with respect to that agreement; and
(C)transporting the landlord’s portion of the crops under that agreement.
(d)Safety StudyThe Secretary shall conduct a study of the exemption required by section (a) as follows—
(1)Data and analysis of covered farm vehicles shall include:
(A)the number of vehicles that are operated subject to each of the regulatory exemptions permitted under section (a);
(B)the number of drivers that operate covered farm vehicles subject to each of the regulatory exemptions permitted under section (a);
(C)the number of crashes involving covered farm vehicles;
(D)the number of occupants and non-occupants injured in crashes involving covered farm vehicles;
(E)the number of fatalities of occupants and non-occupants killed in crashes involving farm vehicles;
(F)crash investigations and accident reconstruction investigations of all fatalities in crashes involving covered farm vehicles;
(G)overall operating mileage of covered farm vehicles;
(H)numbers of covered farm vehicles that operate in neighboring states; and
(I)any other data the Secretary deems necessary to analyze and include.
(2)A listing of state regulations issued and maintained in each state that are identical to the federal regulations that are subject to exemption in section (a).
(3)The Secretary shall report the findings of the study to the appropriate committees of the Congress not later than 18 months after enactment of MAP–21.
1530.Appalachian development highway system
(a)Sense of the senateIt is the Sense of the Senate that the timely completion of the Appalachian development highway system is a transportation priority in the national interest.
(b)Modified federal share for projects on adhsFor fiscal years 2012 through 2021, the Federal share payable for the cost of constructing highways and access roads on the Appalachian development highway system under section 14501 of title 40, United States Code, with funds made available to a State for fiscal year 2012 or a previous fiscal year for the Appalachian development highway system program, or with funds made available for fiscal year 2012 or a previous fiscal year for a specific project, route, or corridor on that system, shall be 95 percent.
(c)Federal share for other funds used on adhsFor fiscal years 2012 through 2021, the Federal share payable for the cost of constructing highways and access roads on the Appalachian development highway system under section 14501 of title 40, United States Code, with Federal funds apportioned to a State for a program other than the Appalachian development highway system program shall be 95 percent.
(d)Completion planNot later than 1 year after the date of enactment of the MAP–21, each State represented on the Appalachian Regional Commission shall establish a plan for the completion of the designated corridors of the Appalachian development highway system within the State, including annual performance targets, with a target completion date.
1531.Denali CommissionThe Denali Commission Act of 1998 (42 U.S.C. 3121 note) is amended—
(1)in section 305, by striking subsection (c) and inserting the following:
(c)Gifts
(1)In generalExcept as provided in paragraph (2), the Commission, on behalf of the United States, may accept use, and dispose of gifts or donations of services, property, or money for purposes of carrying out this Act.
(2)ConditionalWith respect to conditional gifts—
(A)
(i)the Commission, on behalf of the United States, may accept conditional gifts for purposes of carrying out this Act, if approved by the Federal Cochairperson; and
(ii)the principal of and income from any such conditional gift shall be held, invested, reinvested, and used in accordance with the condition applicable to the gift; but
(B)no gift shall be accepted that is conditioned on any expenditure not to be funded from the gift or from the income generated by the gift unless the expenditure has been approved by Act of Congress.
; and
(2)by adding at the end the following:
311.Transfer of funds from other Federal agencies
(a)In generalSubject to subsection (c), for purposes of this Act, the Commission may accept transfers of funds from other Federal agencies.
(b)TransfersAny Federal agency authorized to carry out an activity that is within the authority of the Commission may transfer to the Commission any appropriated funds for the activity.
(c)TreatmentAny funds transferred to the Commission under this subsection—
(1)shall remain available until expended; and
(2)may, to the extent necessary to carry out this Act, be transferred to, and merged with, the amounts made available by appropriations Acts for the Commission by the Federal Cochairperson.
.
1532.Updated corrosion control and prevention reportNot later than 30 months after the date of enactment of this Act, the Secretary shall submit to Congress an updated report on the costs and benefits of the prevention and control of corrosion on the surface transportation infrastructure of the United States.
1533.Harbor Maintenance trust fund
(a)FindingsCongress finds that—
(1)there are 926 coastal, Great Lakes, and inland harbors maintained by the Corps of Engineers;
(2)according to the Bureau of Transportation Statistics—
(A)in 2009, the ports and waterways of the United States handled more than 2,200,000,000 short tons of imports, exports, and domestic shipments; and
(B)in 2010, United States ports were responsible for more than $1,400,000,000,000 in waterborne imports and exports;
(3)according to the Congressional Research Service, full channel dimensions are, on average, available approximately 1/3 of the time at the 59 harbors of the United States with the highest use rates;
(4)insufficient maintenance dredging of the navigation channels of the United States results in inefficient water transportation and causes harmful economic consequences;
(5)in 1986, Congress created the Harbor Maintenance Trust Fund to provide funds for the operation and maintenance of the navigation channels of the United States;
(6)in fiscal year 2012, the Harbor Maintenance Trust Fund is expected to grow from $6,280,000,000 to $7,011,000,000, an increase of approximately 13 percent;
(7)despite the growth of the Harbor Maintenance Trust Fund, expenditures from the Fund have not equaled revenues, and the Fund is not being fully used for the intended purpose of the Fund; and
(8)inadequate investment in dredging needs is restricting access to the ports of the United States for domestic shipping, imports, and exports and therefore threatening the economic competitiveness of the United States.
(b)Sense of the SenateIt is the sense of the Senate that—
(1)the Administration should request full use of the Harbor Maintenance Trust Fund for operating and maintaining the navigation channels of the United States;
(2)the amounts in the Harbor Maintenance Trust Fund should be fully expended to operate and maintain the navigation channels of the United States; and
(3)Congress should ensure that other programs, projects, and activities of the Civil Works Program of the Corps of Engineers, especially those programs, projects, and activities relating to inland navigation and flood control, are not adversely impacted.
1534.Enrichment technology and intellectual property
(a)In addition to any other transfer authority, the Secretary may transfer, not earlier than thirty days after certification to the Committees on Appropriations of the House of Representatives and the Senate that such transfer is needed for national security reasons, and after Congressional notification and approval of the Committees on Appropriations of the House of Representatives and the Senate, up to $150,000,000 made available in prior Appropriations Acts to further the development and demonstration of national security-related enrichment technologies. No amounts may be transferred under this section from amounts that were designated by the Congress as an emergency requirement pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
(b)The Secretary shall provide, directly or indirectly, Federal funds, resources, or other benefit for the research, development, or deployment of domestic enrichment technology under this section—
(1)using merit selection procedures; and
(2)only if the Secretary shall execute an agreement with the recipient (or any affiliate, successor, or assignee) of such funds, resources, or other benefit (hereinafter referred to as the recipient), which shall require, at a minimum—
(A)the achievement of specific technical criteria by the recipient by specific dates no later than June 30, 2014;
(B)that the recipient shall—
(i)immediately upon execution of the agreement, grant to the United States for use by or on behalf of the United States, through the Secretary, a royalty-free, non-exclusive license in all enrichment-related intellectual property and associated technical data owned, licensed or otherwise controlled by the recipient as of the date of enactment of this Act, or thereafter developed or acquired to meet the requirements of the agreement;
(ii)amend any existing agreement between the Secretary and the recipient to permit the Secretary to practice or permit third parties on behalf of the Secretary to practice intellectual property and associated technical data related to the award of funds, resources, or other benefit royalty-free for government purposes, including completing or operating enrichment technologies and using them for national defense purposes, such as providing nuclear material to operate commercial nuclear power reactors for tritium production; and
(iii)as soon as practicable, deliver to the Secretary all technical information and other documentation in its possession or control necessary to permit the Secretary to use and practice all intellectual property related to domestic enrichment technologies; and
(C)any other condition or restriction the Secretary determines is necessary to protect the interests of the United States.
(c)If the Secretary determines that a recipient has not achieved the technical criteria under the agreement pursuant to subsection (b), either by the dates specified in the original agreement or by June 30, 2014, whichever is earlier, the recipient shall, as soon as practicable, surrender custody, possession and control, or return, as appropriate, any real or personal property owned or leased by the recipient, to the Secretary in connection with the deployment of enrichment technology, along with all capital improvements, equipment, fixtures, appurtenances, and other improvements thereto, and any further obligation by the Secretary under any such lease shall terminate.
(d)
(1)The limitations in this section shall apply to funds made available in this Act, prior Appropriations Acts, and any future Appropriations Acts.
(2)This section shall not apply with regard to the issuance of any loan guarantee pursuant to section 1703 of the Energy Policy Act of 2005 (42 U.S.C. 16513).
(e)For purpose of this section, the term Secretary shall mean the Secretary of the Department of Energy.
1535.Sense of Senate concerning expeditious completion of environmental reviews, approvals, licensing, and permit requirementsIt is the sense of the Senate that Federal agencies should—
(1)ensure that all applicable environmental reviews, approvals, licensing, and permit requirements under Federal law are completed on an expeditious basis following any disaster or emergency declared under Federal law, including—
(A)a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170); and
(B)an emergency declared by the President under section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191); and
(2)use the shortest existing applicable process under Federal law to complete each review, approval, licensing, and permit requirement described in paragraph (1) following a disaster or emergency described in that paragraph.
FGulf Coast Restoration
1601.Short titleThis subtitle may be cited as the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012.
1602.Gulf Coast Restoration Trust Fund
(a)EstablishmentThere is established in the Treasury of the United States a trust fund to be known as the Gulf Coast Restoration Trust Fund (referred to in this section as the Trust Fund), consisting of such amounts as are deposited in the Trust Fund under this subtitle or any other provision of law.
(b)TransfersThe Secretary of the Treasury shall deposit in the Trust Fund an amount equal to 80 percent of all administrative and civil penalties paid by responsible parties after the date of enactment of this Act in connection with the explosion on, and sinking of, the mobile offshore drilling unit Deepwater Horizon pursuant to a court order, negotiated settlement, or other instrument in accordance with section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321).
(c)ExpendituresAmounts in the Trust Fund, including interest earned on advances to the Trust Fund and proceeds from investment under subsection (d), shall—
(1)be available for expenditure, without further appropriation, solely for the purpose and eligible activities of this subtitle; and
(2)remain available until expended, without fiscal year limitation.
(d)InvestmentAmounts in the Trust Fund shall be invested in accordance with section 9702 of title 31, United States Code, and any interest on, and proceeds from, any such investment shall be available for expenditure in accordance with this subtitle and the amendments made by this subtitle.
(e)AdministrationNot later than 180 days after the date of enactment of this Act, after providing notice and an opportunity for public comment, the Secretary of the Treasury, in consultation with the Secretary of the Interior and the Secretary of Commerce, shall establish such procedures as the Secretary determines to be necessary to deposit amounts in, and expend amounts from, the Trust Fund pursuant to this subtitle, including—
(1)procedures to assess whether the programs and activities carried out under this subtitle and the amendments made by this subtitle achieve compliance with applicable requirements, including procedures by which the Secretary of the Treasury may determine whether an expenditure by a Gulf Coast State or coastal political subdivision (as those terms are defined in section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321)) pursuant to such a program or activity achieves compliance;
(2)auditing requirements to ensure that amounts in the Trust Fund are expended as intended; and
(3)procedures for identification and allocation of funds available to the Secretary under other provisions of law that may be necessary to pay the administrative expenses directly attributable to the management of the Trust Fund.
1603.Gulf Coast natural resources restoration and economic recoverySection 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321) is amended—
(1)in subsection (a)—
(A)in paragraph (25)(B), by striking and at the end;
(B)in paragraph (26)(D), by striking the period at the end and inserting a semicolon; and
(C)by adding at the end the following:
(27)the term Chairperson means the Chairperson of the Council;
(28)the term coastal political subdivision means any local political jurisdiction that is immediately below the State level of government, including a county, parish, or borough, with a coastline that is contiguous with any portion of the United States Gulf of Mexico;
(29)the term Comprehensive Plan means the comprehensive plan developed by the Council pursuant to subsection (t);
(30)the term Council means the Gulf Coast Ecosystem Restoration Council established pursuant to subsection (t);
(31)the term Deepwater Horizon oil spill means the blowout and explosion of the mobile offshore drilling unit Deepwater Horizon that occurred on April 20, 2010, and resulting hydrocarbon releases into the environment;
(32)the term Gulf Coast ecosystem means—
(A)in the Gulf Coast States, the coastal zones (as that term is defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453), except that, in this section, the term coastal zones includes land within the coastal zones that is held in trust by, or the use of which is by law subject solely to the discretion of, the Federal Government or officers or agents of the Federal Government) that border the Gulf of Mexico;
(B)any adjacent land, water, and watersheds, that are within 25 miles of the coastal zones described in subparagraph (A) of the Gulf Coast States; and
(C)all Federal waters in the Gulf of Mexico;
(33)the term Gulf Coast State means any of the States of Alabama, Florida, Louisiana, Mississippi, and Texas; and
(34)the term Trust Fund means the Gulf Coast Restoration Trust Fund established pursuant to section 1602 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012.
;
(2)in subsection (s), by inserting except as provided in subsection (t) before the period at the end; and
(3)by adding at the end the following:
(t)Gulf Coast restoration and recovery
(1)State allocation and expenditures
(A)In generalOf the total amounts made available in any fiscal year from the Trust Fund, 35 percent shall be available, in accordance with the requirements of this section, to the Gulf Coast States in equal shares for expenditure for ecological and economic restoration of the Gulf Coast ecosystem in accordance with this subsection.
(B)Use of funds
(i)Eligible activitiesAmounts provided to the Gulf States under this subsection may only be used to carry out 1 or more of the following activities: (I)Coastal restoration projects and activities, including conservation and coastal land acquisition. (II)Mitigation of damage to, and restoration of, fish, wildlife, or natural resources. (III)Implementation of a federally approved marine, coastal, or comprehensive conservation management plan, including fisheries monitoring. (IV)Programs to promote tourism in a Gulf Coast State, including recreational fishing. (V)Programs to promote the consumption of seafood produced from the Gulf Coast ecosystem. (VI)Programs to promote education regarding the natural resources of the Gulf Coast ecosystem. (VII)Planning assistance. (VIII)Workforce development and job creation. (IX)Improvements to or upon State parks located in coastal areas affected by the Deepwater Horizon oil spill. (X)Mitigation of the ecological and economic impact of outer Continental Shelf activities and the impacts of the Deepwater Horizon oil spill or promotion of the long-term ecological or economic recovery of the Gulf Coast ecosystem through the funding of infrastructure projects. (XI)Coastal flood protection and infrastructure directly affected by coastal wetland losses, beach erosion, or the impacts of the Deepwater Horizon oil spill. (XII)Administrative costs of complying with this subsection.
(ii)Limitation (I)In generalOf the amounts received by a Gulf State under this subsection not more than 3 percent may be used for administrative costs eligible under clause (i)(XII). (II)Prohibition on use for imported seafoodNone of the funds made available under this subsection shall be used for any program to support or promote imported seafood or any seafood product that is not harvested from the Gulf Coast ecosystem.
(C)Coastal political subdivisions
(i)In generalIn the case of a State where the coastal zone includes the entire State— (I)75 percent of funding shall be provided to the 8 disproportionally affected counties impacted by the Deepwater Horizon Oil Spill; and (II)25 percent shall be provided to nondisproportionately impacted counties within the State.
(ii)Florida (I)Disproportionally affected countiesOf the total amounts made available to counties in the State of Florida under clause (i)(I)— (aa)10 percent shall be distributed equally among the 8 disproportionately affected counties; and (bb)90 percent shall be distributed to the 8 disproportionately affected counties in accordance with the following weighted formula: (AA)30 percent based on the weighted average of the county shoreline oiled. (BB)30 percent based on the weighted average of the county per capita sales tax collections estimated for the fiscal year ending September 30, 2012. (CC)20 percent based on the weighted average of the population of the county. (DD)20 percent based on the inverse proportion of the weighted average distance from the Deepwater Horizon oil rig to each of the nearest and farthest points of the shoreline. (II)Nondisproportionately impacted countiesThe total amounts made available to coastal political subdivisions in the State of Florida under clause (i)(II) shall be distributed according to the following weighted formula: (aa)34 percent based on the weighted average of the population of the county. (bb)33 percent based on the weighted average of the county per capita sales tax collections estimated for the fiscal year ending September 30, 2012. (cc)33 percent based on the inverse proportion of the weighted average distance from the Deepwater Horizon oil rig to each of the nearest and farthest points of the shoreline.
(iii)LouisianaOf the total amounts made available to the State of Louisiana under this paragraph: (I)70 percent shall be provided directly to the State in accordance with this subsection. (II)30 percent shall be provided directly to parishes in the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)) of the State of Louisiana according to the following weighted formula: (aa)40 percent based on the weighted average of miles of the parish shoreline oiled. (bb)40 percent based on the weighted average of the population of the parish. (cc)20 percent based on the weighted average of the land mass of the parish.
(iv)Conditions (I)Land use planAs a condition of receiving amounts allocated under clause (iii), the chief executive of the eligible parish shall certify to the Governor of the State that the parish has completed a comprehensive land use plan. (II)Other conditionsA coastal political subdivision receiving funding under this subsection shall meet all of the conditions in subparagraph (D).
(D)ConditionsAs a condition of receiving amounts from the Trust Fund, a Gulf Coast State, including the entities described in subparagraph (E), or a coastal political subdivision shall—
(i)agree to meet such conditions, including audit requirements, as the Secretary of the Treasury determines necessary to ensure that amounts disbursed from the Trust Fund will be used in accordance with this subsection;
(ii)certify in such form and in such manner as the Secretary of the Treasury determines necessary that the project or program for which the Gulf Coast State or coastal political subdivision is requesting amounts— (I)is designed to restore and protect the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, coastal wetlands, or economy of the Gulf Coast; (II)carries out 1 or more of the activities described in subparagraph (B)(i); (III)was selected based on meaningful input from the public, including broad-based participation from individuals, businesses, and nonprofit organizations; and (IV)in the case of a natural resource protection or restoration project, is based on the best available science;
(iii)certify that the project or program and the awarding of a contract for the expenditure of amounts received under this subsection are consistent with the standard procurement rules and regulations governing a comparable project or program in that State, including all applicable competitive bidding and audit requirements; and
(iv)develop and submit a multiyear implementation plan for use of those funds.
(E)Approval by State entity, task force, or agencyThe following Gulf Coast State entities, task forces, or agencies shall carry out the duties of a Gulf Coast State pursuant to this paragraph:
(i)Alabama (I)In generalIn the State of Alabama, the Alabama Gulf Coast Recovery Council, which shall be comprised of only the following: (aa)The Governor of Alabama, who shall also serve as Chairperson and preside over the meetings of the Alabama Gulf Coast Recovery Council. (bb)The Director of the Alabama State Port Authority, who shall also serve as Vice Chairperson and preside over the meetings of the Alabama Gulf Coast Recovery Council in the absence of the Chairperson. (cc)The Chairman of the Baldwin County Commission. (dd)The President of the Mobile County Commission. (ee)The Mayor of the city of Bayou La Batre. (ff)The Mayor of the town of Dauphin Island. (gg)The Mayor of the city of Fairhope. (hh)The Mayor of the city of Gulf Shores. (ii)The Mayor of the city of Mobile. (jj)The Mayor of the city of Orange Beach. (II)VoteEach member of the Alabama Gulf Coast Recovery Council shall be entitled to 1 vote. (III)Majority voteAll decisions of the Alabama Gulf Coast Recovery Council shall be made by majority vote.
(ii)LouisianaIn the State of Louisiana, the Coastal Protection and Restoration Authority of Louisiana.
(iii)MississippiIn the State of Mississippi, the Mississippi Department of Environmental Quality.
(F)Compliance with eligible activitiesIf the Secretary of the Treasury determines that an expenditure by a Gulf Coast State or coastal political subdivision of amounts made available under this subsection does not meet 1 of the activities described in subparagraph (B)(i), the Secretary shall make no additional amounts from the Trust Fund available to that Gulf Coast State or coastal political subdivision until such time as an amount equal to the amount expended for the unauthorized use—
(i)has been deposited by the Gulf Coast State or coastal political subdivision in the Trust Fund; or
(ii)has been authorized by the Secretary of the Treasury for expenditure by the Gulf Coast State or coastal political subdivision for a project or program that meets the requirements of this subsection.
(G)Compliance with conditionsIf the Secretary of the Treasury determines that a Gulf Coast State or coastal political subdivision does not meet the requirements of this subsection, including the conditions of subparagraph (D), where applicable, the Secretary of the Treasury shall make no amounts from the Trust Fund available to that Gulf Coast State or coastal political subdivision until all conditions of this subsection are met.
(H)Public inputIn meeting any condition of this subsection, a Gulf Coast State may use an appropriate procedure for public consultation in that Gulf Coast State, including consulting with 1 or more established task forces or other entities, to develop recommendations for proposed projects and programs that would restore and protect the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, coastal wetlands, and economy of the Gulf Coast.
(I)Previously approved projects and programsA Gulf Coast State or coastal political subdivision shall be considered to have met the conditions of subparagraph (D) for a specific project or program if, before the date of enactment of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012
(i)the Gulf Coast State or coastal political subdivision has established conditions for carrying out projects and programs that are substantively the same as the conditions described in subparagraph (D); and
(ii)the applicable project or program carries out 1 or more of the activities described in subparagraph (B)(ii).
(J)Consultation with CouncilIn carrying out this subsection, each Gulf Coast State shall seek the input of the Chairperson of the Council to identify large-scale projects that may be jointly supported by that Gulf Coast State and by the Council pursuant to the Comprehensive Plan with amounts provided under this subsection.
(K)Non-Federal matching funds
(i)In generalA Gulf Coast State or coastal political subdivision may use, in whole or in part, amounts made available to that Gulf Coast State from the Trust Fund to satisfy the non-Federal share of the cost of any project or program authorized by Federal law that meets the eligible use requirements under subparagraph (B)(i).
(ii)Effect on other fundsThe use of funds made available from the Trust Fund to satisfy the non-Federal share of the cost of a project or program that meets the requirements of clause (i) shall not affect the priority in which other Federal funds are allocated or awarded.
(L)Local preferenceIn awarding contracts to carry out a project or program under this subsection, a Gulf Coast State or coastal political subdivision may give a preference to individuals and companies that reside in, are headquartered in, or are principally engaged in business in, a Gulf Coast State.
(M)Unused fundsAny Funds not identified in an implementation plan by a State or coastal political subdivision in accordance with subparagraph (D)(iv) shall remain in the Trust Fund until such time as the State or coastal political subdivision to which the funds have been allocated develops and submits a plan identifying uses for those funds in accordance with subparagraph (D)(iv).
(N)Judicial reviewIf the Secretary of the Treasury determines that a Gulf Coast State or coastal political subdivision does not meet the requirements of this subsection, including the conditions of subparagraph (D), the Gulf Coast State or coastal political subdivision may obtain expedited judicial review within 90 days of that decision in a district court of the United States, of appropriate jurisdiction and venue, that is located within the State seeking such review.
(2)Council establishment and allocation
(A)In generalOf the total amount made available in any fiscal year from the Trust Fund, 60 percent shall be disbursed to the Council to carry out the Comprehensive Plan.
(B)Council expenditures
(i)In generalIn accordance with this paragraph, the Council shall expend funds made available from the Trust Fund to undertake projects and programs that would restore and protect the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, coastal wetlands, and economy of the Gulf Coast.
(ii)Allocation and expenditure proceduresThe Secretary of the Treasury shall develop such conditions, including audit requirements, as the Secretary of the Treasury determines necessary to ensure that amounts disbursed from the Trust Fund to the Council to implement the Comprehensive Plan will be used in accordance with this paragraph.
(iii)Administrative expensesOf the amounts received by the Council under this subsection, not more than 3 percent may be used for administrative expenses, including staff.
(C)Gulf Coast Ecosystem Restoration Council
(i)EstablishmentThere is established as an independent entity in the Federal Government a council to be known as the Gulf Coast Ecosystem Restoration Council.
(ii)MembershipThe Council shall consist of the following members, or in the case of a Federal agency, a designee at the level of the Assistant Secretary or the equivalent: (I)The Chair of the Council on Environmental Quality. (II)The Secretary of the Interior. (III)The Secretary of the Army. (IV)The Secretary of Commerce. (V)The Administrator of the Environmental Protection Agency. (VI)The Secretary of Agriculture. (VII)The head of the department in which the Coast Guard is operating. (VIII)The Governor of the State of Alabama. (IX)The Governor of the State of Florida. (X)The Governor of the State of Louisiana. (XI)The Governor of the State of Mississippi. (XII)The Governor of the State of Texas.
(iii)AlternateA Governor appointed to the Council by the President may designate an alternate to represent the Governor on the Council and vote on behalf of the Governor.
(iv)ChairpersonFrom among the Federal agency members of the Council, the representatives of States on the Council shall select, and the President shall appoint, 1 Federal member to serve as Chairperson of the Council.
(v)Presidential appointmentAll Council members shall be appointed by the President.
(vi)Council actions (I)In generalSubject to subclause (IV), significant actions by the Council shall require the affirmative vote of the Federal Chairperson and a majority of the State members to be effective. (II)InclusionsSignificant actions include but are not limited to— (aa)approval of a Comprehensive Plan and future revisions to a Comprehensive Plan; (bb)approval of State plans pursuant to paragraph (3)(B)(iv); and (cc)approval of reports to Congress pursuant to clause (vii)(X). (III)QuorumA quorum of State members shall be required to be present for the Council to take any significant action. (IV)Affirmative vote requirement deemed metFor approval of State plans pursuant to paragraph (3)(B)(iv), the certification by a State member of the Council that the plan satisfies all requirements of clauses (i) and (ii) of paragraphs (3)(B), when joined by an affirmative vote of the Federal Chairperson of the Council, is deemed to satisfy the requirements for affirmative votes under subclause (I). (V)Public transparencyAppropriate actions of the Council, including votes on significant actions and associated deliberations, shall be made available to the public.
(vii)Duties of CouncilThe Council shall— (I)develop the Comprehensive Plan, and future revisions to the Comprehensive Plan; (II)identify as soon as practicable the projects that— (aa)have been authorized prior to the date of enactment of this subsection but not yet commenced; and (bb)if implemented quickly, would restore and protect the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, barrier islands, dunes, and coastal wetlands of the Gulf Coast ecosystem; (III)coordinate the development of consistent policies, strategies, plans, and activities by Federal agencies, State and local governments, and private sector entities for addressing the restoration and protection of the Gulf Coast ecosystem; (IV)establish such other advisory committee or committees as may be necessary to assist the Council, including a scientific advisory committee and a committee to advise the Council on public policy issues; (V)coordinate scientific and other research associated with restoration of the Gulf Coast ecosystem, including research, observation, and monitoring carried out pursuant to section 1604 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012; (VI)seek to ensure that all policies, strategies, plans, and activities for addressing the restoration of the Gulf Coast ecosystem are based on the best available physical, ecological, and economic data; (VII)make recommendations to address the particular needs of especially economically and socially vulnerable populations; (VIII)develop standard terms to include in contracts for projects and programs awarded pursuant to the Comprehensive Plan that provide a preference to individuals and companies that reside in, are headquartered in, or are principally engaged in business in, a Gulf Coast State; (IX)prepare an integrated financial plan and recommendations for coordinated budget requests for the amounts proposed to be expended by the Federal agencies represented on the Council for projects and programs in the Gulf Coast States; (X)submit to Congress an annual report that— (aa)summarizes the policies, strategies, plans, and activities for addressing the restoration and protection of the Gulf Coast ecosystem; (bb)describes the projects and programs being implemented to restore and protect the Gulf Coast ecosystem; and (cc)makes such recommendations to Congress for modifications of existing laws as the Council determines necessary to implement the Comprehensive Plan; and (XI)submit to Congress a final report on the date on which all funds made available to the Council are expended.
(viii)Application of Federal Advisory Committee ActThe Council, or any other advisory committee established under this subsection, shall not be considered an advisory committee under the Federal Advisory Committee Act (5 U.S.C. App.).
(D)Comprehensive Plan
(i)Proposed plan (I)In generalNot later than 180 days after the date of enactment of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012, the Chairperson, on behalf of the Council, shall publish a proposed plan to restore and protect the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of the Gulf Coast ecosystem. (II)ContentsThe proposed plan described in subclause (I) shall include and incorporate the findings and information prepared by the President’s Gulf Coast Restoration Task Force.
(ii)Publication (I)Initial planNot later than 1 year after date of enactment of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 and after notice and opportunity for public comment, the Chairperson, on behalf of the Council and after approval by the Council, shall publish in the Federal Register the initial Comprehensive Plan to restore and protect the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of the Gulf Coast ecosystem. (II)Cooperation with gulf coast restoration task forceThe Council shall develop the initial Comprehensive Plan in close coordination with the President’s Gulf Coast Restoration Task Force. (III)ConsiderationsIn developing the initial Comprehensive Plan and subsequent updates, the Council shall consider all relevant findings, reports, or research prepared or funded by a center of excellence or the Gulf Fisheries and Ecosystem Endowment established pursuant to the Gulf Coast Ecosystem Restoration Science, Monitoring, and Technology Program under section 1604 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012. (IV)ContentsThe initial Comprehensive Plan shall include— (aa)such provisions as are necessary to fully incorporate in the Comprehensive Plan the strategy, projects, and programs recommended by the President’s Gulf Coast Restoration Task Force; (bb)a list of any project or program authorized prior to the date of enactment of this subsection but not yet commenced, the completion of which would further the purposes and goals of this subsection and of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012; (cc)a description of the manner in which amounts from the Trust Fund projected to be made available to the Council for the succeeding 10 years will be allocated; and (dd)subject to available funding in accordance with clause (iii), a prioritized list of specific projects and programs to be funded and carried out during the 3-year period immediately following the date of publication of the initial Comprehensive Plan, including a table that illustrates the distribution of projects and programs by Gulf Coast State. (V)Plan updatesThe Council shall update— (aa)the Comprehensive Plan every 5 years in a manner comparable to the manner established in this subsection for each 5-year period for which amounts are expected to be made available to the Gulf Coast States from the Trust Fund; and (bb)the 3-year list of projects and programs described in subclause (IV)(dd) annually.
(iii)Restoration prioritiesExcept for projects and programs described in subclause (IV)(bb), in selecting projects and programs to include on the 3-year list described in subclause (IV)(dd), based on the best available science, the Council shall give highest priority to projects that address 1 or more of the following criteria: (I)Projects that are projected to make the greatest contribution to restoring and protecting the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of the Gulf Coast ecosystem, without regard to geographic location. (II)Large-scale projects and programs that are projected to substantially contribute to restoring and protecting the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of the Gulf Coast ecosystem. (III)Projects contained in existing Gulf Coast State comprehensive plans for the restoration and protection of natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of the Gulf Coast ecosystem. (IV)Projects that restore long-term resiliency of the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands most impacted by the Deepwater Horizon oil spill.
(E)Implementation
(i)In generalThe Council, acting through the member agencies and Gulf Coast States, shall expend funds made available from the Trust Fund to carry out projects and programs adopted in the Comprehensive Plan.
(ii)Administrative responsibility (I)In generalPrimary authority and responsibility for each project and program included in the Comprehensive Plan shall be assigned by the Council to a Gulf Coast State represented on the Council or a Federal agency. (II)Transfer of amountsAmounts necessary to carry out each project or program included in the Comprehensive Plan shall be transferred by the Secretary of the Treasury from the Trust Fund to that Federal agency or Gulf Coast State as the project or program is implemented, subject to such conditions as the Secretary of the Treasury, in consultation with the Secretary of the Interior and the Secretary of Commerce, established pursuant to section 1602 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012.
(iii)Cost sharing (I)In generalA Gulf Coast State or coastal political subdivision may use, in whole or in part, amounts made available to that Gulf Coast State or coastal political subdivision from the Trust Fund to satisfy the non-Federal share of the cost of carrying a project or program that— (aa)is authorized by other Federal law; and (bb)meets the criteria of subparagraph (D). (II)Inclusion in Comprehensive PlanA project or program described in subclause (I) that meets the criteria for inclusion in the Comprehensive Plan described in subparagraph (D) shall be selected and adopted by the Council as part of the Comprehensive Plan in the manner described in subparagraph (D).
(F)CoordinationThe Council and the Federal members of the Council may develop Memorandums of Understanding establishing integrated funding and implementation plans among the member agencies and authorities.
(G)TerminationThe Council shall terminate on the date on which the report described in subparagraph (C)(vii)(XI) is submitted to Congress.
(3)Oil spill restoration impact allocation
(A)In generalExcept as provided in paragraph (4), of the total amount made available to the Council under paragraph (2) in any fiscal year from the Trust Fund, 50 percent shall be disbursed by the Council as follows:
(i)FormulaSubject to subparagraph (B), for each Gulf Coast State, the amount disbursed under this paragraph shall be based on a formula established by the Council by regulation that is based on a weighted average of the following criteria: (I)40 percent based on the proportionate number of miles of shoreline in each Gulf Coast State that experienced oiling as of April 10, 2011, compared to the total number of miles of shoreline that experienced oiling as a result of the Deepwater Horizon oil spill. (II)40 percent based on the inverse proportion of the average distance from the Deepwater Horizon oil rig to the nearest and farthest point of the shoreline that experienced oiling of each Gulf Coast State. (III)20 percent based on the average population in the 2010 decennial census of coastal counties bordering the Gulf of Mexico within each Gulf Coast State.
(ii)Minimum allocationThe amount disbursed to a Gulf Coast State for each fiscal year under clause (i) shall be at least 5 percent of the total amounts made available under this paragraph.
(B)Approval of projects and programs
(i)In generalThe Council shall disburse amounts to the respective Gulf Coast States in accordance with the formula developed under subparagraph (A) for projects, programs, and activities that will improve the ecosystems or economy of the Gulf Coast, subject to the condition that each Gulf Coast State submits a plan for the expenditure of amounts disbursed under this paragraph which meet the following criteria: (I)All projects, programs, and activities included in that plan are eligible activities pursuant to paragraph (1)(B)(i). (II)The projects, programs, and activities included in that plan contribute to the overall economic and ecological recovery of the Gulf Coast. (III)The plan takes into consideration the Comprehensive Plan and is consistent with its goals and objectives, as described in paragraph (2)(B)(i).
(ii)Funding (I)In generalExcept as provided in subclause (II), the plan described in clause (i) may use not more than 25 percent of the funding made available for infrastructure projects eligible under subclauses (X) and (XI) of paragraph (1)(B)(i). (II)ExceptionThe plan described in clause (i) may propose to use more than 25 percent of the funding made available for infrastructure projects eligible under subclauses (X) and (XI) of paragraph (1)(B)(i) if the plan certifies that— (aa)ecosystem restoration needs in the State will be addressed by the projects in the proposed plan; and (bb)additional investment in infrastructure is required to mitigate the impacts of the Deepwater Horizon Oil Spill to the ecosystem or economy.
(iii)DevelopmentThe plan described in clause (i) shall be developed by— (I)in the State of Alabama, the Alabama Gulf Coast Recovery Council established under paragraph (1)(E)(i); (II)in the State of Florida, a consortia of local political subdivisions that includes at least 1 representative of each disproportionally affected county; (III)in the State of Louisiana, the Coastal Protection and Restoration Authority of Louisiana; (IV)in the State of Mississippi, the Office of the Governor or an appointee of the Office of the Governor; and (V)in the State of Texas, the Office of the Governor or an appointee of the Office of the Governor.
(iv)ApprovalNot later than 60 days after the date on which a plan is submitted under clause (i), the Council shall approve or disapprove the plan based on the conditions of clause (i).
(C)DisapprovalIf the Council disapproves a plan pursuant to subparagraph (B)(iv), the Council shall—
(i)provide the reasons for disapproval in writing; and
(ii)consult with the State to address any identified deficiencies with the State plan.
(D)Failure to submit adequate planIf a State fails to submit an adequate plan under this subsection, any funds made available under this subsection shall remain in the Trust Fund until such date as a plan is submitted and approved pursuant to this subsection.
(E)Judicial reviewIf the Council fails to approve or take action within 60 days on a plan described in subparagraph (B)(iv), the State may obtain expedited judicial review within 90 days of that decision in a district court of the United States, of appropriate jurisdiction and venue, that is located within the State seeking such review.
(4)Authorization of interest transfers
(A)In generalOf the total amount made available in any fiscal year from the Trust Fund, an amount equal to the interest earned by the Trust Fund and proceeds from investments made by the Trust Fund in the preceding fiscal year—
(i)50 percent shall be transferred to the National Endowment for Oceans in subparagraph (B); and
(ii)50 percent shall be transferred to the Gulf of Mexico Research Endowment in subparagraph (C).
(B)National endowment for the oceans
(i)Establishment (I)In generalThere is established in the Treasury of the United States a trust fund to be known as the National Endowment for the Oceans, consisting of such amounts as may be appropriated or credited to the National Endowment for the Oceans. (II)InvestmentAmounts in the National Endowment for the Oceans shall be invested in accordance with section 9602 of the Internal Revenue Code of 1986, and any interest on, and proceeds from, any such investment shall be available for expenditure in accordance with this subparagraph.
(ii)TrusteeThe trustee for the National Endowment for the Oceans shall be the Secretary of Commerce.
(iii)Allocation of funds (I)In generalEach fiscal year, the Secretary shall allocate, at a minimum, an amount equal to the interest earned by the National Endowment for the Oceans in the preceding fiscal year, and may distribute an amount equal to up to 10 percent of the total amounts in the National Endowment for the Oceans— (aa)to allocate funding to coastal states (as defined in section 304 of the Marine Resources and Engineering Development Act of 1966 (16 U.S.C. 1453)) and affected Indian tribes; (bb)to make grants to regional ocean and coastal planning bodies; and (cc)to develop and implement a National Grant Program for Oceans and Coastal Waters. (II)Program adjustmentsEach fiscal year where the amount described in subparagraph (A)(i) does not exceed $100,000,000, the Secretary may elect to fund only the grant program established in subclause (I)(cc).
(iv)Eligible activitiesFunds deposited in the National Endowment for the Oceans may be allocated by the Secretary only to fund grants for programs and activities intended to restore, protect, maintain, or understand living marine resources and their habitats and resources in ocean and coastal waters (as defined in section 304 of the Marine Resources and Engineering Development Act of 1966 (16 U.S.C. 1453)), including baseline scientific research, ocean observing, and other programs and activities carried out in coordination with Federal and State departments or agencies, that are consistent with Federal environmental laws and that avoid environmental degradation.
(v)ApplicationTo be eligible to receive a grant under clause (iii)(I), an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be appropriate.
(vi)Funding for coastal StatesThe Secretary shall allocate funding among States as follows: (I)50 percent of the funds shall be allocated equally among coastal States. (II)25 percent of the funds shall be allocated based on tidal shoreline miles. (III)25 percent of the funds shall be allocated based on the coastal population density of a coastal State. (IV)No State shall be allocated more than 10 percent of the total amount of funds available for allocation among coastal States for any fiscal year. (V)No territory shall be allocated more than 1 percent of the total amount of funds available for allocation among coastal States for any fiscal year.
(C)Gulf of Mexico Research Endowment
(i)In generalThere is established in the Treasury of the United States a trust fund to be known as the Gulf of Mexico Research Endowment, to be administered by the Secretary of Commerce, solely for use in providing long-term funding in accordance with section 1604 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012.
(ii)InvestmentAmounts in the Gulf of Mexico Research Endowment shall be invested in accordance with section 9602 of the Internal Revenue Code of 1986, and, after adjustment for inflation so as to maintain the value of the principal, any interest on, and proceeds from, any such investment shall be available for expenditure and shall be allocated in equal portions to the Gulf Coast Ecosystem Restoration Science, Monitoring, and Technology Program and Fisheries Endowment established in section 1604 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012.
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1604.Gulf Coast Ecosystem Restoration Science, Observation, Monitoring, and Technology Program
(a)DefinitionsIn this section:
(1)AdministratorThe term Administrator means the Administrator of the National Oceanic and Atmospheric Administration.
(2)Fisheries and Ecosystem EndowmentThe term Fisheries and Ecosystem Endowment means the endowment established by subsection (d).
(3)ProgramThe term Program means the Gulf Coast Ecosystem Restoration Science, Observation, Monitoring, and Technology Program established by subsection (b).
(b)Establishment of ProgramThere is established within the National Oceanic and Atmospheric Administration a program to be known as the Gulf Coast Ecosystem Restoration Science, Observation, Monitoring, and Technology Program, to be carried out by the Administrator.
(c)Centers of excellence
(1)In generalIn carrying out the Program, the Administrator, in consultation with other Federal agencies with expertise in the discipline of a center of excellence, shall make grants in accordance with paragraph (2) to establish and operate 5 centers of excellence, 1 of which shall be located in each of the States of Alabama, Florida, Louisiana, Mississippi, and Texas.
(2)Grants
(A)In generalThe Administrator shall use the amounts made available to carry out this section to award competitive grants to nongovernmental entities and consortia in the Gulf Coast region (including public and private institutions of higher education) for the establishment of centers of excellence as described in paragraph (1).
(B)ApplicationTo be eligible to receive a grant under this paragraph, an entity or consortium described in subparagraph (A) shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator determines to be appropriate.
(C)PriorityIn awarding grants under this paragraph, the Administrator shall give priority to entities and consortia that demonstrate the ability to establish the broadest cross-section of participants with interest and expertise in any discipline described in paragraph (3) on which the proposal of the center of excellence will be focused.
(3)DisciplinesEach center of excellence shall focus on science, technology, and monitoring in at least 1 of the following disciplines:
(A)Coastal and deltaic sustainability, restoration and protection; including solutions and technology that allow citizens to live safely and sustainably in a coastal delta.
(B)Coastal fisheries and wildlife ecosystem research and monitoring.
(C)Offshore energy development, including research and technology to improve the sustainable and safe development of energy resources.
(D)Sustainable and resilient growth, economic and commercial development in the Gulf Coast.
(E)Comprehensive observation, monitoring, and mapping of the Gulf of Mexico.
(4)Coordination with other programsThe Administrator shall develop a plan for the coordination of projects and activities between the Program and other existing Federal and State science and technology programs in the States of Alabama, Florida, Louisiana, Mississippi, and Texas, as well as between the centers of excellence.
(d)Establishment of Fisheries and Ecosystem Endowment
(1)In generalNot later than 180 days after the date of enactment of this Act, the Council shall establish a fishery and ecosystem endowment to ensure, to the maximum extent practicable, the long-term sustainability of the ecosystem, fish stocks, fish habitat and the recreational, commercial, and charter fishing industry in the Gulf of Mexico.
(2)Expenditure of fundsFor each fiscal year, amounts made available to carry out this subsection may be expended for, with respect to the Gulf of Mexico—
(A)marine and estuarine research;
(B)marine and estuarine ecosystem monitoring and ocean observation;
(C)data collection and stock assessments;
(D)pilot programs for—
(i)fishery independent data; and
(ii)reduction of exploitation of spawning aggregations; and
(E)cooperative research.
(3)Administration and implementationThe Fisheries and Ecosystem Endowment shall be administered by the Administrator of the National Oceanic and Atmospheric Administration, in consultation with the Director of the United States Fish and Wildlife Service, with guidance provided by the Regional Gulf of Mexico Fishery Management Council.
(4)Species includedThe Fisheries and Ecosystem Endowment will include all marine, estuarine, aquaculture, and fish and wildlife species in State and Federal waters of the Gulf of Mexico.
(5)Research prioritiesIn distributing funding under this subsection, priority shall be given to integrated, long-term projects that—
(A)build on, or are coordinated with, related research activities; and
(B)address current or anticipated marine ecosystem, fishery, or wildlife management information needs.
(6)Duplication and coordinationIn carrying out this subsection, the Administrator shall seek to avoid duplication of other research and monitoring activities and coordinate with existing research and monitoring programs, including the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3601 et seq.).
(e)Funding
(1)In generalExcept as provided in subsection (t)(4) of section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321), of the total amount made available for each fiscal year for the Gulf Coast Restoration Trust Fund established under section 1602, 5 percent shall be allocated in equal portions to the Program and Fisheries and Ecosystem Endowment established by this section.
(2)Administrative expensesOf the amounts received by the National Oceanic and Atmospheric Administration to carry out this section, not more than 3 percent may be used for administrative expenses.
1605.Effect
(a)In generalNothing in this subtitle or any amendment made by this subtitle—
(1)supersedes or otherwise affects any provision of Federal law, including, in particular, laws providing recovery for injury to natural resources under the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) and laws for the protection of public health and the environment; or
(2)applies to any fine collected under section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321) for any incident other than the Deepwater Horizon oil spill.
(b)Use of fundsFunds made available under this subtitle may be used only for eligible activities specifically authorized by this subtitle.
GLand and water conservation fund
1701.Land and water conservation fund
(a)AuthorizationSection 2 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–5) is amended—
(1)in the matter preceding subsection (a), by striking September 30, 2015 and inserting September 30, 2022; and
(2)in subsection (c)(1), by striking through September 30, 2015 and inserting September 30, 2022.
(b)FundingSection 3 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6) is amended to read as follows:
3.Availability of funds
(a)Funding
(1)Fiscal years 2013 and 2014For each of fiscal years 2013 and 2014—
(A)$700,000,000 of amounts covered into the fund under section 2 shall be available for expenditure, without further appropriation or fiscal year limitation, to carry out the purposes of this Act; and
(B)the remainder of amounts covered into the fund shall be available subject to appropriations, which may be made without fiscal year limitation.
(2)Fiscal years 2015 through 2022For each of fiscal years 2015 through 2022, amounts covered into the fund under section 2 shall be available for expenditure to carry out the purposes of this Act subject to appropriations, which may be made without fiscal year limitation.
(b)UsesAmounts made available for obligation or expenditure from the fund may be obligated or expended only as provided in this Act.
(c)Willing sellersIn using amounts made available under subsection (a)(1)(A), the Secretary shall only acquire land or interests in land by purchase, exchange, or donation from a willing seller.
(d)Additional amountsAmounts made available under subsection (a)(1)(A) shall be in addition to amounts made available to the fund under section 105 of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109–432).
(e)Allocation authorityAppropriation Acts may provide for the allocation of amounts covered into the fund under section 2.
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(c)Allocation of fundsSection 5 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–7) is amended—
(1)in the first sentence, by inserting or expenditures after appropriations;
(2)in the second sentence—
(A)by inserting or expenditures after appropriations; and
(B)by inserting before the period at the end the following: , including the amounts to be allocated from the fund for Federal and State purposes; and
(3)by striking Those appropriations from and all that follows through the end of the section.
(d)Conforming amendmentsSection 6(b) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–8(b)) is amended—
(1)in the matter preceding paragraph (1), by inserting or expended after appropriated;
(2)in paragraph (1)—
(A)by inserting or expenditures after appropriations; and
(B)by striking ; and and inserting a period; and
(3)in the first sentence of paragraph (2), by inserting or expenditure after appropriation.
(e)Public accessSection 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9) is amended—
(1)in subsection (a)—
(A)in the matter preceding paragraph (1), by inserting or expended after appropriated; and
(B)in paragraph (3), by inserting or expenditures after such appropriations;
(2)in subsection (b)—
(A)in the first sentence, by inserting or expenditures after Appropriations; and
(B)in the proviso, by inserting or expenditures after appropriations;
(3)in the first sentence of subsection (c)(1)—
(A)by inserting or expended after appropriated; and
(B)by inserting or expenditures after appropriations; and
(4)by adding at the end the following:
(d)Public accessNot less than 1.5 percent of the annual authorized funding amount shall be made available each year for projects that secure recreational public access to existing Federal public land for hunting, fishing, and other recreational purposes.
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HOffsets
1801.Delay in application of worldwide interest
(a)In generalParagraphs (5)(D) and (6) of section 864(f) of the Internal Revenue Code of 1986 are each amended by striking December 31, 2020 and inserting December 31, 2021.
(b)Effective dateThe amendments made by this section shall take effect on the date of the enactment of this Act.
IIAmerica fast forward financing innovation
2001.Short titleThis title may be cited as the America Fast Forward Financing Innovation Act of 2011.
2002.Transportation Infrastructure Finance and Innovation Act amendmentsSections 601 through 609 of title 23, United States Code, are amended to read as follows:
601.Generally applicable provisions
(a)DefinitionsIn this chapter, the following definitions apply:
(1)Eligible project costsThe term eligible project costs means amounts substantially all of which are paid by, or for the account of, an obligor in connection with a project, including the cost of—
(A)development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, permitting, preliminary engineering and design work, and other preconstruction activities;
(B)construction, reconstruction, rehabilitation, replacement, and acquisition of real property (including land relating to the project and improvements to land), environmental mitigation, construction contingencies, and acquisition of equipment; and
(C)capitalized interest necessary to meet market requirements, reasonably required reserve funds, capital issuance expenses, and other carrying costs during construction.
(2)Federal credit instrumentThe term Federal credit instrument means a secured loan, loan guarantee, or line of credit authorized to be made available under this chapter with respect to a project.
(3)Investment-grade ratingThe term investment-grade rating means a rating of BBB minus, Baa3, bbb minus, BBB (low), or higher assigned by a rating agency to project obligations.
(4)LenderThe term lender means any non-Federal qualified institutional buyer (as defined in section 230.144A(a) of title 17, Code of Federal Regulations (or any successor regulation), known as Rule 144A(a) of the Securities and Exchange Commission and issued under the Securities Act of 1933 (15 U.S.C. 77a et seq.)), including—
(A)a qualified retirement plan (as defined in section 4974(c) of the Internal Revenue Code of 1986) that is a qualified institutional buyer; and
(B)a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986) that is a qualified institutional buyer.
(5)Letter of interestThe term letter of interest means a letter submitted by a potential applicant prior to an application for credit assistance in a format prescribed by the Secretary on the website of the TIFIA program, which—
(A)describes the project and the location, purpose, and cost of the project;
(B)outlines the proposed financial plan, including the requested credit assistance and the proposed obligor;
(C)provides a status of environmental review; and
(D)provides information regarding satisfaction of other eligibility requirements of the TIFIA program.
(6)Line of creditThe term line of credit means an agreement entered into by the Secretary with an obligor under section 604 to provide a direct loan at a future date upon the occurrence of certain events.
(7)Limited buydownThe term limited buydown means, subject to the conditions described in section 603(b)(4)(C), a buydown of the interest rate by the Secretary and by the obligor if the interest rate has increased between—
(A)
(i)the date on which a project application acceptable to the Secretary is submitted; or
(ii)the date on which the Secretary entered into a master credit agreement; and
(B)the date on which the Secretary executes the Federal credit instrument.
(8)Loan guaranteeThe term loan guarantee means any guarantee or other pledge by the Secretary to pay all or part of the principal of and interest on a loan or other debt obligation issued by an obligor and funded by a lender.
(9)Master credit agreementThe term master credit agreement means an agreement to extend credit assistance for a program of projects secured by a common security pledge (which shall receive an investment grade rating from a rating agency), or for a single project covered under section 602(b)(2) that would—
(A)make contingent commitments of 1 or more secured loans or other Federal credit instruments at future dates, subject to the availability of future funds being made available to carry out this chapter;
(B)establish the maximum amounts and general terms and conditions of the secured loans or other Federal credit instruments;
(C)identify the 1 or more dedicated non-Federal revenue sources that will secure the repayment of the secured loans or secured Federal credit instruments;
(D)provide for the obligation of funds for the secured loans or secured Federal credit instruments after all requirements have been met for the projects subject to the master credit agreement, including—
(i)completion of an environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(ii)compliance with such other requirements as are specified in section 602(c); and
(iii)the availability of funds to carry out this chapter; and
(E)require that contingent commitments result in a financial close and obligation of credit assistance not later than 3 years after the date of entry into the master credit agreement, or release of the commitment, unless otherwise extended by the Secretary.
(10)ObligorThe term obligor means a party that—
(A)is primarily liable for payment of the principal of or interest on a Federal credit instrument; and
(B)may be a corporation, partnership, joint venture, trust, or governmental entity, agency, or instrumentality.
(11)ProjectThe term project means—
(A)any surface transportation project eligible for Federal assistance under this title or chapter 53 of title 49;
(B)a project for an international bridge or tunnel for which an international entity authorized under Federal or State law is responsible;
(C)a project for intercity passenger bus or rail facilities and vehicles, including facilities and vehicles owned by the National Railroad Passenger Corporation and components of magnetic levitation transportation systems; and
(D)a project that—
(i)is a project— (I)for a public freight rail facility or a private facility providing public benefit for highway users by way of direct freight interchange between highway and rail carriers; (II)for an intermodal freight transfer facility; (III)for a means of access to a facility described in subclause (I) or (II); (IV)for a service improvement for a facility described in subclause (I) or (II) (including a capital investment for an intelligent transportation system); or (V)that comprises a series of projects described in subclauses (I) through (IV) with the common objective of improving the flow of goods;
(ii)may involve the combining of private and public sector funds, including investment of public funds in private sector facility improvements;
(iii)if located within the boundaries of a port terminal, includes only such surface transportation infrastructure modifications as are necessary to facilitate direct intermodal interchange, transfer, and access into and out of the port; and
(iv)is composed of related highway, surface transportation, transit, rail, or intermodal capital improvement projects eligible for assistance under this subsection in order to meet the eligible project cost threshold under section 602, by grouping related projects together for that purpose, on the condition that the credit assistance for the projects is secured by a common pledge.
(12)Project obligationThe term project obligation means any note, bond, debenture, or other debt obligation issued by an obligor in connection with the financing of a project, other than a Federal credit instrument.
(13)Rating agencyThe term rating agency means a credit rating agency registered with the Securities and Exchange Commission as a nationally recognized statistical rating organization (as that term is defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))).
(14)Rural infrastructure projectThe term rural infrastructure project means a surface transportation infrastructure project either—
(A)located in any area other than an urbanized area that has a population of greater than 250,000 inhabitants; or
(B)connects a rural area to a city with a population of less than 250,000 inhabitants within the city limits.
(15)Secured loanThe term secured loan means a direct loan or other debt obligation issued by an obligor and funded by the Secretary in connection with the financing of a project under section 603.
(16)StateThe term State has the meaning given the term in section 101.
(17)Subsidy amountThe term subsidy amount means the amount of budget authority sufficient to cover the estimated long-term cost to the Federal Government of a Federal credit instrument, calculated on a net present value basis, excluding administrative costs and any incidental effects on governmental receipts or outlays in accordance with the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
(18)Substantial completionThe term substantial completion means—
(A)the opening of a project to vehicular or passenger traffic; or
(B)a comparable event, as determined by the Secretary and specified in the credit agreement.
(19)TIFIA programThe term TIFIA program means the transportation infrastructure finance and innovation program of the Department.
(20)Contingent commitmentThe term contingent commitment means a commitment to obligate an amount from future available budget authority that is—
(A)contingent upon those funds being made available in law at a future date; and
(B)not an obligation of the Federal Government.
(b)Treatment of chapterFor purposes of this title, this chapter shall be treated as being part of chapter 1.
602.Determination of eligibility and project selection
(a)EligibilityA project shall be eligible to receive credit assistance under this chapter if the entity proposing to carry out the project submits a letter of interest prior to submission of a formal application for the project, and the project meets the following criteria:
(1)Creditworthiness
(A)In generalThe project shall satisfy applicable creditworthiness standards, which, at a minimum, includes—
(i)a rate covenant, if applicable;
(ii)adequate coverage requirements to ensure repayment;
(iii)an investment grade rating from at least 2 rating agencies on debt senior to the Federal credit instrument; and
(iv)a rating from at least 2 rating agencies on the Federal credit instrument, subject to the condition that, with respect to clause (iii), if the senior debt and Federal credit instrument is for an amount less than $75,000,000 or for a rural infrastructure project or intelligent transportation systems project, 1 rating agency opinion for each of the senior debt and Federal credit instrument shall be sufficient.
(B)Senior debtNotwithstanding subparagraph (A), in a case in which the Federal credit instrument is the senior debt, the Federal credit instrument shall be required to receive an investment grade rating from at least 2 rating agencies, unless the credit instrument is for a rural infrastructure project or intelligent transportation systems project, in which case 1 rating agency opinion shall be sufficient.
(2)Inclusion in transportation plans and programsThe project shall satisfy the applicable planning and programming requirements of sections 134 and 135 at such time as an agreement to make available a Federal credit instrument is entered into under this chapter.
(3)ApplicationA State, local government, public authority, public-private partnership, or any other legal entity undertaking the project and authorized by the Secretary, shall submit a project application acceptable to the Secretary.
(4)Eligible project costs
(A)In generalExcept as provided in subparagraph (B), to be eligible for assistance under this chapter, a project shall have eligible project costs that are reasonably anticipated to equal or exceed the lesser of—
(i)(I)$50,000,000; or (II)in the case of a rural infrastructure project, $25,000,000; or
(ii)331/3 percent of the amount of Federal highway assistance funds apportioned for the most recently completed fiscal year to the State in which the project is located.
(B)Intelligent transportation system projectsIn the case of a project principally involving the installation of an intelligent transportation system, eligible project costs shall be reasonably anticipated to equal or exceed $15,000,000.
(5)Dedicated revenue sourcesThe Federal credit instrument shall be repayable, in whole or in part, from tolls, user fees, or other dedicated revenue sources that also secure the project obligations.
(6)Public sponsorship of private entitiesIn the case of a project that is undertaken by an entity that is not a State or local government or an agency or instrumentality of a State or local government, the project that the entity is undertaking shall be publicly sponsored as provided in paragraph (2).
(b)Selection among eligible projects
(1)EstablishmentThe Secretary shall establish a rolling application process in which projects that are eligible to receive credit assistance under subsection (a) shall receive credit assistance on terms acceptable to the Secretary, if adequate funds are available to cover the subsidy costs associated with the Federal credit instrument.
(2)Adequate funding not available
If the Secretary fully obligates funding to eligible projects in a given fiscal year, and adequate funding is not available to fund a credit instrument, a project sponsor of an eligible project may elect to enter into a master credit agreement and wait until the following fiscal year or until additional funds are available to receive credit assistance.
(3)Preliminary rating opinion letterThe Secretary shall require each project applicant to provide a preliminary rating opinion letter from at least 1 rating agency—
(A)indicating that the senior obligations of the project, which may be the Federal credit instrument, have the potential to achieve an investment-grade rating; and
(B)including a preliminary rating opinion on the Federal credit instrument.
(c)Federal requirements
(1)In generalIn addition to the requirements of this title for highway projects, chapter 53 of title 49 for transit projects, and section 5333(a) of title 49 for rail projects, the following provisions of law shall apply to funds made available under this chapter and projects assisted with the funds:
(A)Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).
(B)The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(C)The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).
(2)NEPANo funding shall be obligated for a project that has not received an environmental Categorical Exclusion, Finding of No Significant Impact, or Record of Decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
603.Secured loans
(a)In general
(1)AgreementsSubject to paragraphs (2) through (4), the Secretary may enter into agreements with 1 or more obligors to make secured loans, the proceeds of which shall be used—
(A)to finance eligible project costs of any project selected under section 602;
(B)to refinance interim construction financing of eligible project costs of any project selected under section 602;
(C)to refinance existing loan agreements for rural infrastructure projects; or
(D)to refinance long-term project obligations or Federal credit instruments if the refinancing provides additional funding capacity for the completion, enhancement, or expansion of any project that—
(i)is selected under section 602; or
(ii)otherwise meets the requirements of section 602.
(2)Limitation on refinancing of interim construction financingA loan under paragraph (1) shall not refinance interim construction financing under paragraph (1)(B) later than 1 year after the date of substantial completion of the project.
(3)Risk assessmentBefore entering into an agreement under this subsection, the Secretary, in consultation with the Director of the Office of Management and Budget, shall determine an appropriate capital reserve subsidy amount for each secured loan, taking into account each rating letter provided by an agency under section 602(b)(3)(B).
(b)Terms and limitations
(1)In generalA secured loan under this section with respect to a project shall be on such terms and conditions and contain such covenants, representations, warranties, and requirements (including requirements for audits) as the Secretary determines appropriate.
(2)Maximum amountThe amount of the secured loan shall not exceed the lesser of 49 percent of the reasonably anticipated eligible project costs or, if the secured loan does not receive an investment grade rating, the amount of the senior project obligations.
(3)PaymentThe secured loan—
(A)shall—
(i)be payable, in whole or in part, from tolls, user fees, or other dedicated revenue sources that also secure the senior project obligations; and
(ii)include a rate covenant, coverage requirement, or similar security feature supporting the project obligations; and
(B)may have a lien on revenues described in subparagraph (A) subject to any lien securing project obligations.
(4)Interest rate
(A)In generalExcept as provided in subparagraphs (B) and (C), the interest rate on the secured loan shall be not less than the yield on United States Treasury securities of a similar maturity to the maturity of the secured loan on the date of execution of the loan agreement.
(B)Rural infrastructure projectsA loan offered to a rural infrastructure project under this chapter shall be at 1/2 of the Treasury Rate.
(C)Limited buydownsA limited buydown is subject to the following conditions:
(i)The interest rate under the agreement may not be lowered by more than the lower of— (I)11/2 percentage points (150 basis points); or (II)the amount of the increase in the interest rate.
(ii)The Secretary may pay up to 50 percent of the cost of the limited buydown, and the obligor shall pay the balance of the cost of the limited buydown.
(iii)Not more than 5 percent of the funding made available annually to carry out this chapter may be used to carry out limited buydowns.
(5)Maturity dateThe final maturity date of the secured loan shall be the lesser of—
(A)35 years after the date of substantial completion of the project; or
(B)if the useful life of the capital asset being financed is of a lesser period, the useful life of the asset.
(6)Nonsubordination
(A)In generalExcept as provided in subparagraph (B), the secured loan shall not be subordinated to the claims of any holder of project obligations in the event of bankruptcy, insolvency, or liquidation of the obligor.
(B)Pre-existing indenture
(i)In generalThe Secretary shall waive subparagraph (A) for public agency borrowers that are financing ongoing capital programs and have outstanding senior bonds under a pre-existing indenture, if— (I)the secured loan is rated in the A-category or higher; (II)the secured loan is secured and payable from pledged revenues not affected by project performance, such as a tax-backed revenue pledge or a system-backed pledge of project revenues; and (III)the TIFIA program share of eligible project costs is 33 percent or less.
(ii)LimitationIf the Secretary waives the nonsubordination requirement under this subparagraph— (I)the maximum credit subsidy that will be paid by the Federal Government shall be limited to 10 percent of the principal amount of the secured loan; and (II)the obligor shall be responsible for paying the remainder of the subsidy cost.
(7)FeesThe Secretary may establish fees at a level sufficient to cover all or a portion of the costs to the Federal Government of making a secured loan under this section.
(8)Non-Federal shareThe proceeds of a secured loan under this chapter may be used for any non-Federal share of project costs required under this title or chapter 53 of title 49, if the loan is repayable from non-Federal funds.
(9)Maximum Federal involvementThe total Federal assistance provided on a project receiving a loan under this chapter shall not exceed 80 percent of the total project cost.
(c)Repayment
(1)ScheduleThe Secretary shall establish a repayment schedule for each secured loan under this section based on the projected cash flow from project revenues and other repayment sources, and the useful life of the project.
(2)CommencementScheduled loan repayments of principal or interest on a secured loan under this section shall commence not later than 5 years after the date