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Calendar No. ll
116TH CONGRESS 1ST SESSION S. 2302
[Report No. 116–lll]
To amend title 23, United States Code, to authorize funds for Federal-
aid highways and highway safety construction programs, and for other
purposes.
IN THE SENATE OF THE UNITED STATES
llllllllll
Mr. BARRASSO (for himself, Mr. CARPER, Mrs. CAPITO, and Mr. CARDIN) in-
troduced the following bill; which was read twice and referred to the Com-
mittee on Environment and Public Works
lllllllll (legislative day, lllllllll), lll
Reported by Mr. BARRASSO, with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
A BILL To amend title 23, United States Code, to authorize funds
for Federal-aid highways and highway safety construc-
tion programs, and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1
(a) SHORT TITLE.—This Act may be cited as the 2
‘‘America’s Transportation Infrastructure Act of 2019’’. 3
(b) TABLE OF CONTENTS.—The table of contents for 4
this Act is as follows: 5
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Effective date.
TITLE I—FEDERAL-AID HIGHWAYS
Subtitle A—Authorizations and Programs
Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation ceiling.
Sec. 1103. Definitions.
Sec. 1104. Apportionment.
Sec. 1105. National highway performance program.
Sec. 1106. Emergency relief.
Sec. 1107. Federal share payable.
Sec. 1108. Railway-highway grade crossings.
Sec. 1109. Surface transportation block grant program.
Sec. 1110. Nationally significant freight and highway projects.
Sec. 1111. Highway safety improvement program.
Sec. 1112. Federal lands transportation program.
Sec. 1113. Federal lands access program.
Sec. 1114. National highway freight program.
Sec. 1115. Congestion mitigation and air quality improvement program.
Sec. 1116. National scenic byways program.
Sec. 1117. Alaska Highway.
Sec. 1118. Toll roads, bridges, tunnels, and ferries.
Sec. 1119. Bridge investment program.
Sec. 1120. Safe routes to school program.
Sec. 1121. Highway use tax evasion projects.
Sec. 1122. Construction of ferry boats and ferry terminal facilities.
Sec. 1123. Balance exchanges for infrastructure program.
Sec. 1124. Safety incentive programs.
Sec. 1125. Wildlife crossing safety.
Sec. 1126. Consolidation of programs.
Sec. 1127. State freight advisory committees.
Sec. 1128. Territorial and Puerto Rico highway program.
Subtitle B—Planning and Performance Management
Sec. 1201. Transportation planning.
Sec. 1202. Fiscal constraint on long-range transportation plans.
Sec. 1203. State human capital plans.
Sec. 1204. Accessibility data pilot program.
Sec. 1205. Prioritization process pilot program.
Sec. 1206. Exemptions for low population density states.
Sec. 1207. Travel demand data and modeling.
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Sec. 1208. Increasing safe and accessible transportation options.
Subtitle C—Project Delivery and Process Improvement
Sec. 1301. Efficient environmental reviews for project decisionmaking and One
Federal Decision.
Sec. 1302. Work zone process reviews.
Sec. 1303. Transportation management plans.
Sec. 1304. Intelligent transportation systems.
Sec. 1305. Alternative contracting methods.
Sec. 1306. Flexibility for projects.
Sec. 1307. Improved Federal-State stewardship and oversight agreements.
Sec. 1308. Geomatic data.
Sec. 1309. Evaluation of projects within an operational right-of-way.
Sec. 1310. Department of Transportation reports.
Subtitle D—Climate Change
Sec. 1401. Grants for charging and fueling infrastructure to modernize and re-
connect America for the 21st century.
Sec. 1402. Reduction of truck emissions at port facilities.
Sec. 1403. Carbon reduction incentive programs.
Sec. 1404. Congestion relief program.
Sec. 1405. Freight plans.
Sec. 1406. Utilizing significant emissions with innovative technologies.
Sec. 1407. Promoting Resilient Operations for Transformative, Efficient, and
Cost-saving Transportation (PROTECT) grant program.
Sec. 1408. Diesel emissions reduction.
Subtitle E—Miscellaneous
Sec. 1501. Additional deposits into Highway Trust Fund.
Sec. 1502. Stopping threats on pedestrians.
Sec. 1503. Transfer and sale of toll credits.
Sec. 1504. Forest Service Legacy Roads and Trails Remediation Program.
Sec. 1505. Disaster relief mobilization pilot program.
Sec. 1506. Appalachian regional development.
Sec. 1507. Requirements for transportation projects carried out through public-
private partnerships.
Sec. 1508. Community connectivity pilot program.
Sec. 1509. Repeal of rescission.
Sec. 1510. Federal interagency working group for conversion of federal fleet to
hybrid-electric vehicles, electric vehicles, and alternative fueled
vehicles.
Sec. 1511. Cybersecurity tool; cyber coordinator.
Sec. 1512. Study on most effective upgrades to roadway infrastructure.
Sec. 1513. Study on vehicle-to-infrastructure communication technology.
Sec. 1514. Nonhighway recreational fuel study.
Sec. 1515. Buy America.
Sec. 1516. Report on data-driven infrastructure traffic safety improvements.
Sec. 1517. High priority corridors on the National Highway System.
Sec. 1518. Interstate weight limits.
Sec. 1519. Interstate exemption.
Sec. 1520. Report on air quality improvements.
Sec. 1521. Roadside highway safety hardware.
Sec. 1522. Permeable pavements study.
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Sec. 1523. Emergency relief projects.
Sec. 1524. Certain gathering lines located on Federal land and Indian land.
Sec. 1525. Technical corrections.
TITLE II—TRANSPORTATION INFRASTRUCTURE FINANCE AND
INNOVATION
Sec. 2001. Transportation Infrastructure Finance and Innovation Act of 1998
amendments.
TITLE III—RESEARCH, TECHNOLOGY, AND EDUCATION
Sec. 3001. Surface transportation system funding alternatives.
Sec. 3002. Performance management data support program.
Sec. 3003. Data integration pilot program.
Sec. 3004. Emerging technology research pilot program.
Sec. 3005. Research and technology development and deployment.
Sec. 3006. Workforce development, training, and education.
Sec. 3007. Wildlife-vehicle collision research.
SEC. 2. DEFINITIONS. 1
In this Act: 2
(1) DEPARTMENT.—The term ‘‘Department’’ 3
means the Department of Transportation. 4
(2) SECRETARY.—The term ‘‘Secretary’’ means 5
the Secretary of Transportation. 6
SEC. 3. EFFECTIVE DATE. 7
This Act and the amendments made by this Act take 8
effect on October 1, 2020. 9
TITLE I—FEDERAL-AID 10
HIGHWAYS 11
Subtitle A—Authorizations and 12
Programs 13
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS. 14
(a) IN GENERAL.—The following amounts are au-15
thorized to be appropriated out of the Highway Trust 16
Fund (other than the Mass Transit Account): 17
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(1) FEDERAL-AID HIGHWAY PROGRAM.—For 1
the national highway performance program under 2
section 119 of title 23, United States Code, the sur-3
face transportation block grant program under sec-4
tion 133 of that title, the highway safety improve-5
ment program under section 148 of that title, the 6
congestion mitigation and air quality improvement 7
program under section 149 of that title, the national 8
highway freight program under section 167 of that 9
title, and to carry out section 134 of that title— 10
(A) $47,855,749,000 for fiscal year 2021; 11
(B) $48,829,248,000 for fiscal year 2022; 12
(C) $49,849,443,000 for fiscal year 2023; 13
(D) $50,914,302,000 for fiscal year 2024; 14
and 15
(E) $51,979,162,000 for fiscal year 2025. 16
(2) TRANSPORTATION INFRASTRUCTURE FI-17
NANCE AND INNOVATION PROGRAM.—For credit as-18
sistance under the transportation infrastructure fi-19
nance and innovation program under chapter 6 of 20
title 23, United States Code, $300,000,000 for each 21
of fiscal years 2021 through 2025. 22
(3) FEDERAL LANDS AND TRIBAL TRANSPOR-23
TATION PROGRAMS.— 24
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(A) TRIBAL TRANSPORTATION PRO-1
GRAM.—For the tribal transportation program 2
under section 202 of title 23, United States 3
Code— 4
(i) $565,000,000 for fiscal year 2021; 5
(ii) $580,000,000 for fiscal year 2022; 6
(iii) $595,000,000 for fiscal year 7
2023; 8
(iv) $610,000,000 for fiscal year 9
2024; and 10
(v) $625,000,000 for fiscal year 2025. 11
(B) FEDERAL LANDS TRANSPORTATION 12
PROGRAM.— 13
(i) IN GENERAL.—For the Federal 14
lands transportation program under sec-15
tion 203 of title 23, United States Code— 16
(I) $413,000,000 for fiscal year 17
2021; 18
(II) $423,000,000 for fiscal year 19
2022; 20
(III) $433,000,000 for fiscal year 21
2023; 22
(IV) $443,000,000 for fiscal year 23
2024; and 24
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(V) $453,000,000 for fiscal year 1
2025. 2
(ii) ALLOCATION.—Of the amount 3
made available for a fiscal year under 4
clause (i)— 5
(I) the amount for the National 6
Park Service is— 7
(aa) $330,000,000 for fiscal 8
year 2021; 9
(bb) $338,000,000 for fiscal 10
year 2022; 11
(cc) $346,000,000 for fiscal 12
year 2023; 13
(dd) $354,000,000 for fiscal 14
year 2024; and 15
(ee) $362,000,000 for fiscal 16
year 2025; 17
(II) the amount for the United 18
States Fish and Wildlife Service is 19
$33,000,000 for each of fiscal years 20
2021 through 2025; and 21
(III) the amount for the Forest 22
Service is— 23
(aa) $22,000,000 for fiscal 24
year 2021; 25
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(bb) $23,000,000 for fiscal 1
year 2022; 2
(cc) $24,000,000 for fiscal 3
year 2023; 4
(dd) $25,000,000 for fiscal 5
year 2024; and 6
(ee) $26,000,000 for fiscal 7
year 2025. 8
(C) FEDERAL LANDS ACCESS PROGRAM.— 9
For the Federal lands access program under 10
section 204 of title 23, United States Code— 11
(i) $280,000,000 for fiscal year 2021; 12
(ii) $285,000,000 for fiscal year 2022; 13
(iii) $290,000,000 for fiscal year 14
2023; 15
(iv) $295,000,000 for fiscal year 16
2024; and 17
(v) $300,000,000 for fiscal year 2025. 18
(4) TERRITORIAL AND PUERTO RICO HIGHWAY 19
PROGRAM.—For the territorial and Puerto Rico 20
highway program under section 165 of title 23, 21
United States Code— 22
(A) $204,500,000 for fiscal year 2021; 23
(B) $208,000,000 for fiscal year 2022; 24
(C) $212,000,000 for fiscal year 2023; 25
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(D) $216,000,000 for fiscal year 2024; 1
and 2
(E) $221,500,000 for fiscal year 2025. 3
(5) NATIONALLY SIGNIFICANT FREIGHT AND 4
HIGHWAY PROJECTS.—For nationally significant 5
freight and highway projects under section 117 of 6
title 23, United States Code— 7
(A) $1,050,000,000 for fiscal year 2021; 8
(B) $1,075,000,000 for fiscal year 2022; 9
(C) $1,100,000,000 for fiscal year 2023; 10
(D) $1,125,000,000 for fiscal year 2024; 11
and 12
(E) $1,150,000,000 for fiscal year 2025. 13
(b) OTHER PROGRAMS.— 14
(1) IN GENERAL.—The following amounts are 15
authorized to be appropriated out of the Highway 16
Trust Fund (other than the Mass Transit Account): 17
(A) BRIDGE INVESTMENT PROGRAM.—To 18
carry out the bridge investment program under 19
section 124 of title 23, United States Code— 20
(i) $600,000,000 for fiscal year 2021; 21
(ii) $640,000,000 for fiscal year 2022; 22
(iii) $650,000,000 for fiscal year 23
2023; 24
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(iv) $675,000,000 for fiscal year 1
2024; and 2
(v) $700,000,000 for fiscal year 2025. 3
(B) CONGESTION RELIEF PROGRAM.—To 4
carry out the congestion relief program under 5
section 129(d) of title 23, United States Code, 6
$40,000,000 for each of fiscal years 2021 7
through 2025. 8
(C) CHARGING AND FUELING INFRASTRUC-9
TURE GRANTS.—To carry out section 151(f) of 10
title 23, United States Code— 11
(i) $100,000,000 for fiscal year 2021; 12
(ii) $100,000,000 for fiscal year 2022; 13
(iii) $200,000,000 for fiscal year 14
2023; 15
(iv) $300,000,000 for fiscal year 16
2024; and 17
(v) $300,000,000 for fiscal year 2025. 18
(D) FORMULA SAFETY INCENTIVE PRO-19
GRAM.—To carry out the formula safety incen-20
tive program under section 172 of title 23, 21
United States Code, $500,000,000 for each of 22
fiscal years 2021 through 2025. 23
(E) FATALITY REDUCTION PERFORMANCE 24
PROGRAM.—To carry out the fatality reduction 25
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performance program under section 173 of title 1
23, United States Code, $100,000,000 for each 2
of fiscal years 2021 through 2025. 3
(F) FORMULA CARBON REDUCTION INCEN-4
TIVE PROGRAM.—To carry out the formula car-5
bon reduction incentive program under section 6
177 of title 23, United States Code, 7
$600,000,000 for each of fiscal years 2021 8
through 2025. 9
(G) CARBON REDUCTION PERFORMANCE 10
PROGRAM.—To carry out the carbon reduction 11
performance program under section 178 of title 12
23, United States Code, $100,000,000 for each 13
of fiscal years 2021 through 2025. 14
(H) PROTECT GRANTS.—To carry out 15
the PROTECT grant program under section 16
179 of title 23, United States Code, for each of 17
fiscal years 2021 through 2025— 18
(i) $786,000,000 for formula awards 19
to States under subsection (c) of that sec-20
tion; and 21
(ii) $200,000,000 for competitive 22
grants under subsection (d) of that section, 23
of which not less than $20,000,000 shall 24
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be for planning grants under paragraph 1
(3) of that subsection. 2
(I) REDUCTION OF TRUCK EMISSIONS AT 3
PORT FACILITIES.— 4
(i) IN GENERAL.—To carry out the 5
reduction of truck emissions at port facili-6
ties under section 1402— 7
(I) $60,000,000 for fiscal year 8
2021; 9
(II) $70,000,000 for fiscal year 10
2022; 11
(III) $70,000,000 for fiscal year 12
2023; 13
(IV) $80,000,000 for fiscal year 14
2024; and 15
(V) $90,000,000 for fiscal year 16
2025. 17
(ii) TREATMENT.—Amounts made 18
available under clause (i) shall be available 19
for obligation in the same manner as if 20
those amounts were apportioned under 21
chapter 1 of title 23, United States Code. 22
(J) NATIONALLY SIGNIFICANT FEDERAL 23
LANDS AND TRIBAL PROJECTS.— 24
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(i) IN GENERAL.—To carry out the 1
nationally significant Federal lands and 2
tribal projects program under section 1123 3
of the FAST Act (23 U.S.C. 201 note; 4
Public Law 114–94), $50,000,000 for each 5
of fiscal years 2021 through 2025. 6
(ii) TREATMENT.—Amounts made 7
available under clause (i) shall be available 8
for obligation in the same manner as if 9
those amounts were apportioned under 10
chapter 1 of title 23, United States Code. 11
(2) GENERAL FUND.— 12
(A) BRIDGE INVESTMENT PROGRAM.— 13
(i) IN GENERAL.—In addition to 14
amounts made available under paragraph 15
(1)(A), there are authorized to be appro-16
priated to carry out the bridge investment 17
program under section 124 of title 23, 18
United States Code— 19
(I) $600,000,000 for fiscal year 20
2021; 21
(II) $640,000,000 for fiscal year 22
2022; 23
(III) $650,000,000 for fiscal year 24
2023; 25
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(IV) $675,000,000 for fiscal year 1
2024; and 2
(V) $700,000,000 for fiscal year 3
2025. 4
(ii) ALLOCATION.—Amounts made 5
available under clause (i) shall be allocated 6
in the same manner as if made available 7
under paragraph (1)(A). 8
(B) NATIONALLY SIGNIFICANT FEDERAL 9
LANDS AND TRIBAL PROJECTS PROGRAM.— 10
(i) IN GENERAL.—In addition to 11
amounts made available under paragraph 12
(1)(J), there is authorized to be appro-13
priated to carry out section 1123 of the 14
FAST Act (23 U.S.C. 201 note; Public 15
Law 114–94) $100,000,000 for each of fis-16
cal years 2021 through 2025, to remain 17
available for a period of 3 fiscal years fol-18
lowing the fiscal year for which the 19
amounts are appropriated. 20
(ii) CONFORMING AMENDMENT.—Sec-21
tion 1123 of the FAST Act (23 U.S.C. 22
201 note; Public Law 114–94) is amended 23
by striking subsection (h). 24
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(c) RESEARCH, TECHNOLOGY, AND EDUCATION AU-1
THORIZATIONS.— 2
(1) IN GENERAL.—The following amounts are 3
authorized to be appropriated out of the Highway 4
Trust Fund (other than the Mass Transit Account): 5
(A) HIGHWAY RESEARCH AND DEVELOP-6
MENT PROGRAM.—To carry out section 503(b) 7
of title 23, United States Code, $153,431,378 8
for each of fiscal years 2021 through 2025. 9
(B) TECHNOLOGY AND INNOVATION DE-10
PLOYMENT PROGRAM.—To carry out section 11
503(c) of title 23, United States Code, 12
$135,000,000 for each of fiscal years 2021 13
through 2025. 14
(C) TRAINING AND EDUCATION.—To carry 15
out section 504 of title 23, United States 16
Code— 17
(i) $25,000,000 for fiscal year 2021; 18
(ii) $26,000,000 for fiscal year 2022; 19
(iii) $27,000,000 for fiscal year 2023; 20
(iv) $27,000,000 for fiscal year 2024; 21
and 22
(v) $27,000,000 for fiscal year 2025. 23
(D) INTELLIGENT TRANSPORTATION SYS-24
TEMS PROGRAM.—To carry out sections 512 25
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through 518 of title 23, United States Code, 1
$110,000,000 for each of fiscal years 2021 2
through 2025. 3
(E) UNIVERSITY TRANSPORTATION CEN-4
TERS PROGRAM.—To carry out section 5505 of 5
title 49, United States Code— 6
(i) $82,500,000 for fiscal year 2021; 7
(ii) $84,000,000 for fiscal year 2022; 8
(iii) $85,500,000 for fiscal year 2023; 9
(iv) $87,000,000 for fiscal year 2024; 10
and 11
(v) $88,500,000 for fiscal year 2025. 12
(F) BUREAU OF TRANSPORTATION STATIS-13
TICS.—To carry out chapter 63 of title 49, 14
United States Code, $26,000,000 for each of 15
fiscal years 2021 through 2025. 16
(2) ADMINISTRATION.—The Federal Highway 17
Administration shall— 18
(A) administer the programs described in 19
subparagraphs (A), (B), and (C) of paragraph 20
(1); and 21
(B) in consultation with relevant modal ad-22
ministrations, administer the programs de-23
scribed in paragraph (1)(D). 24
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(3) APPLICABILITY OF TITLE 23, UNITED 1
STATES CODE.—Amounts authorized to be appro-2
priated by paragraph (1) shall— 3
(A) be available for obligation in the same 4
manner as if those funds were apportioned 5
under chapter 1 of title 23, United States Code, 6
except that the Federal share of the cost of a 7
project or activity carried out using those funds 8
shall be 80 percent, unless otherwise expressly 9
provided by this Act (including the amendments 10
by this Act) or otherwise determined by the 11
Secretary; and 12
(B) remain available until expended and 13
not be transferable, except as otherwise pro-14
vided by this Act. 15
(d) PILOT PROGRAMS.—The following amounts are 16
authorized to be appropriated out of the Highway Trust 17
Fund (other than the Mass Transit Account): 18
(1) WILDLIFE CROSSINGS PILOT PROGRAM.— 19
For the wildlife crossings pilot program under sec-20
tion 174 of title 23, United States Code— 21
(A) $55,000,000 for fiscal year 2021; 22
(B) $60,000,000 for fiscal year 2022; 23
(C) $45,000,000 for fiscal year 2023; 24
(D) $45,000,000 for fiscal year 2024; and 25
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(E) $45,000,000 for fiscal year 2025. 1
(2) PRIORITIZATION PROCESS PILOT PRO-2
GRAM.— 3
(A) IN GENERAL.—For the prioritization 4
process pilot program under section 1205, 5
$10,000,000 for each of fiscal years 2021 6
through 2025. 7
(B) TREATMENT.—Amounts made avail-8
able under subparagraph (A) shall be available 9
for obligation in the same manner as if those 10
amounts were apportioned under chapter 1 of 11
title 23, United States Code. 12
(3) DISASTER RELIEF MOBILIZATION PILOT 13
PROGRAM.— 14
(A) IN GENERAL.—For the disaster relief 15
mobilization pilot program under section 1505, 16
$1,000,000 for each of fiscal years 2021 17
through 2025. 18
(B) TREATMENT.—Amounts made avail-19
able under subparagraph (A) shall be available 20
for obligation in the same manner as if those 21
amounts were apportioned under chapter 1 of 22
title 23, United States Code, except that those 23
amounts shall remain available until expended. 24
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(4) COMMUNITY CONNECTIVITY PILOT PRO-1
GRAM.— 2
(A) PLANNING GRANTS.—For planning 3
grants under the community connectivity pilot 4
program under section 1508(c)— 5
(i) $20,000,000 for fiscal year 2021; 6
(ii) $15,000,000 for fiscal year 2022; 7
(iii) $10,000,000 for fiscal year 2023; 8
(iv) $2,500,000 for fiscal year 2024; 9
and 10
(v) $2,500,000 for fiscal year 2025. 11
(B) CAPITAL CONSTRUCTION GRANTS.— 12
For capital construction grants under the com-13
munity connectivity pilot program under section 14
1508(d), $14,000,000 for each of fiscal years 15
2021 through 2025. 16
(C) TREATMENT.—Amounts made avail-17
able under subparagraph (A) or (B) shall be 18
available for obligation in the same manner as 19
if those amounts were apportioned under chap-20
ter 1 of title 23, United States Code, except 21
that those amounts shall remain available until 22
expended. 23
(5) OPEN CHALLENGE AND RESEARCH INITIA-24
TIVE PILOT PROGRAM.— 25
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(A) IN GENERAL.—For the open challenge 1
and research proposal pilot program under sec-2
tion 3005(e), $15,000,000 for each of fiscal 3
years 2021 through 2025. 4
(B) TREATMENT.—Amounts made avail-5
able under subparagraph (A) shall be available 6
for obligation and administered as if appor-7
tioned under chapter 1 of title 23, United 8
States Code. 9
(e) DISADVANTAGED BUSINESS ENTERPRISES.— 10
(1) FINDINGS.—Congress finds that— 11
(A) while significant progress has occurred 12
due to the establishment of the disadvantaged 13
business enterprise program, discrimination and 14
related barriers continue to pose significant ob-15
stacles for minority- and women-owned busi-16
nesses seeking to do business in Federally as-17
sisted surface transportation markets across the 18
United States; 19
(B) the continuing barriers described in 20
subparagraph (A) merit the continuation of the 21
disadvantaged business enterprise program; 22
(C) Congress has received and reviewed 23
testimony and documentation of race and gen-24
der discrimination from numerous sources, in-25
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cluding congressional hearings and roundtables, 1
scientific reports, reports issued by public and 2
private agencies, news stories, reports of dis-3
crimination by organizations and individuals, 4
and discrimination lawsuits, which show that 5
race- and gender-neutral efforts alone are insuf-6
ficient to address the problem; 7
(D) the testimony and documentation de-8
scribed in subparagraph (C) demonstrate that 9
discrimination across the United States poses a 10
barrier to full and fair participation in surface 11
transportation-related businesses of women 12
business owners and minority business owners 13
and has impacted firm development and many 14
aspects of surface transportation-related busi-15
ness in the public and private markets; and 16
(E) the testimony and documentation de-17
scribed in subparagraph (C) provide a strong 18
basis that there is a compelling need for the 19
continuation of the disadvantaged business en-20
terprise program to address race and gender 21
discrimination in surface transportation-related 22
business. 23
(2) DEFINITIONS.—In this subsection: 24
(A) SMALL BUSINESS CONCERN.— 25
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(i) IN GENERAL.—The term ‘‘small 1
business concern’’ means a small business 2
concern (as the term is used in section 3 3
of the Small Business Act (15 U.S.C. 4
632)). 5
(ii) EXCLUSIONS.—The term ‘‘small 6
business concern’’ does not include any 7
concern or group of concerns controlled by 8
the same socially and economically dis-9
advantaged individual or individuals that 10
have average annual gross receipts during 11
the preceding 3 fiscal years in excess of 12
$25,790,000, as adjusted annually by the 13
Secretary for inflation. 14
(B) SOCIALLY AND ECONOMICALLY DIS-15
ADVANTAGED INDIVIDUALS.—The term ‘‘so-16
cially and economically disadvantaged individ-17
uals’’ has the meaning given the term in section 18
8(d) of the Small Business Act (15 U.S.C. 19
637(d)) and relevant subcontracting regulations 20
issued pursuant to that Act, except that women 21
shall be presumed to be socially and economi-22
cally disadvantaged individuals for purposes of 23
this subsection. 24
23
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(3) AMOUNTS FOR SMALL BUSINESS CON-1
CERNS.—Except to the extent that the Secretary de-2
termines otherwise, not less than 10 percent of the 3
amounts made available for any program under this 4
Act and section 403 of title 23, United States Code, 5
shall be expended through small business concerns 6
owned and controlled by socially and economically 7
disadvantaged individuals. 8
(4) ANNUAL LISTING OF DISADVANTAGED BUSI-9
NESS ENTERPRISES.—Each State shall annually— 10
(A) survey and compile a list of the small 11
business concerns referred to in paragraph (3) 12
in the State, including the location of the small 13
business concerns in the State; and 14
(B) notify the Secretary, in writing, of the 15
percentage of the small business concerns that 16
are controlled by— 17
(i) women; 18
(ii) socially and economically dis-19
advantaged individuals (other than 20
women); and 21
(iii) individuals who are women and 22
are otherwise socially and economically dis-23
advantaged individuals. 24
(5) UNIFORM CERTIFICATION.— 25
24
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(A) IN GENERAL.—The Secretary shall es-1
tablish minimum uniform criteria for use by 2
State governments in certifying whether a con-3
cern qualifies as a small business concern for 4
the purpose of this subsection. 5
(B) INCLUSIONS.—The minimum uniform 6
criteria established under subparagraph (A) 7
shall include, with respect to a potential small 8
business concern— 9
(i) on-site visits; 10
(ii) personal interviews with personnel; 11
(iii) issuance or inspection of licenses; 12
(iv) analyses of stock ownership; 13
(v) listings of equipment; 14
(vi) analyses of bonding capacity; 15
(vii) listings of work completed; 16
(viii) examination of the resumes of 17
principal owners; 18
(ix) analyses of financial capacity; and 19
(x) analyses of the type of work pre-20
ferred. 21
(6) REPORTING.—The Secretary shall establish 22
minimum requirements for use by State govern-23
ments in reporting to the Secretary— 24
25
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(A) information concerning disadvantaged 1
business enterprise awards, commitments, and 2
achievements; and 3
(B) such other information as the Sec-4
retary determines to be appropriate for the 5
proper monitoring of the disadvantaged busi-6
ness enterprise program. 7
(7) COMPLIANCE WITH COURT ORDERS.—Noth-8
ing in this subsection limits the eligibility of an indi-9
vidual or entity to receive funds made available 10
under this Act and section 403 of title 23, United 11
States Code, if the entity or person is prevented, in 12
whole or in part, from complying with paragraph (3) 13
because a Federal court issues a final order in which 14
the court finds that a requirement or the implemen-15
tation of paragraph (3) is unconstitutional. 16
(8) SENSE OF CONGRESS ON PROMPT PAYMENT 17
OF DBE SUBCONTRACTORS.—It is the sense of Con-18
gress that— 19
(A) the Secretary should take additional 20
steps to ensure that recipients comply with sec-21
tion 26.29 of title 49, Code of Federal Regula-22
tions (the disadvantaged business enterprises 23
prompt payment rule), or any corresponding 24
regulation, in awarding Federally funded trans-25
26
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portation contracts under laws and regulations 1
administered by the Secretary; and 2
(B) such additional steps should include 3
increasing the ability of the Department to 4
track and keep records of complaints and to 5
make that information publicly available. 6
SEC. 1102. OBLIGATION CEILING. 7
(a) GENERAL LIMITATION.—Subject to subsection 8
(e), and notwithstanding any other provision of law, the 9
obligations for Federal-aid highway and highway safety 10
construction programs shall not exceed— 11
(1) $54,388,462,378 for fiscal year 2021; 12
(2) $55,483,447,378 for fiscal year 2022; 13
(3) $56,666,082,378 for fiscal year 2023; 14
(4) $57,930,317,378 for fiscal year 2024; and 15
(5) $59,103,552,378 for fiscal year 2025. 16
(b) EXCEPTIONS.—The limitations under subsection 17
(a) shall not apply to obligations under or for— 18
(1) section 125 of title 23, United States Code; 19
(2) section 147 of the Surface Transportation 20
Assistance Act of 1978 (23 U.S.C. 144 note; 92 21
Stat. 2714); 22
(3) section 9 of the Federal-Aid Highway Act 23
of 1981 (95 Stat. 1701); 24
27
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(4) subsections (b) and (j) of section 131 of the 1
Surface Transportation Assistance Act of 1982 (96 2
Stat. 2119); 3
(5) subsections (b) and (c) of section 149 of the 4
Surface Transportation and Uniform Relocation As-5
sistance Act of 1987 (101 Stat. 198); 6
(6) sections 1103 through 1108 of the Inter-7
modal Surface Transportation Efficiency Act of 8
1991 (105 Stat. 2027); 9
(7) section 157 of title 23, United States Code 10
(as in effect on June 8, 1998); 11
(8) section 105 of title 23, United States Code 12
(as in effect for fiscal years 1998 through 2004, but 13
only in an amount equal to $639,000,000 for each 14
of those fiscal years); 15
(9) Federal-aid highway programs for which ob-16
ligation authority was made available under the 17
Transportation Equity Act for the 21st Century 18
(112 Stat. 107) or subsequent Acts for multiple 19
years or to remain available until expended, but only 20
to the extent that the obligation authority has not 21
lapsed or been used; 22
(10) section 105 of title 23, United States Code 23
(as in effect for fiscal years 2005 through 2012, but 24
28
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only in an amount equal to $639,000,000 for each 1
of those fiscal years); 2
(11) section 1603 of SAFETEA–LU (23 3
U.S.C. 118 note; 119 Stat. 1248), to the extent that 4
funds obligated in accordance with that section were 5
not subject to a limitation on obligations at the time 6
at which the funds were initially made available for 7
obligation; 8
(12) section 119 of title 23, United States Code 9
(as in effect for fiscal years 2013 through 2015, but 10
only in an amount equal to $639,000,000 for each 11
of those fiscal years); 12
(13) section 119 of title 23, United States Code 13
(as in effect for fiscal years 2016 through 2020, but 14
only in an amount equal to $639,000,000 for each 15
of those fiscal years); and 16
(14) section 119 of title 23, United States Code 17
(but, for fiscal years 2021 through 2025, only in an 18
amount equal to $639,000,000 for each of those fis-19
cal years). 20
(c) DISTRIBUTION OF OBLIGATION AUTHORITY.— 21
For each of fiscal years 2021 through 2025, the Sec-22
retary— 23
(1) shall not distribute obligation authority pro-24
vided by subsection (a) for the fiscal year for— 25
29
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(A) amounts authorized for administrative 1
expenses and programs by section 104(a) of 2
title 23, United States Code; and 3
(B) amounts authorized for the Bureau of 4
Transportation Statistics; 5
(2) shall not distribute an amount of obligation 6
authority provided by subsection (a) that is equal to 7
the unobligated balance of amounts— 8
(A) made available from the Highway 9
Trust Fund (other than the Mass Transit Ac-10
count) for Federal-aid highway and highway 11
safety construction programs for previous fiscal 12
years the funds for which are allocated by the 13
Secretary (or apportioned by the Secretary 14
under section 202 or 204 of title 23, United 15
States Code); and 16
(B) for which obligation authority was pro-17
vided in a previous fiscal year; 18
(3) shall determine the proportion that— 19
(A) the obligation authority provided by 20
subsection (a) for the fiscal year, less the aggre-21
gate of amounts not distributed under para-22
graphs (1) and (2) of this subsection; bears to 23
(B) the total of the sums authorized to be 24
appropriated for the Federal-aid highway and 25
30
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highway safety construction programs (other 1
than sums authorized to be appropriated for 2
provisions of law described in paragraphs (1) 3
through (13) of subsection (b) and sums au-4
thorized to be appropriated for section 119 of 5
title 23, United States Code, equal to the 6
amount referred to in subsection (b)(14) for the 7
fiscal year), less the aggregate of the amounts 8
not distributed under paragraphs (1) and (2) of 9
this subsection; 10
(4) shall distribute the obligation authority pro-11
vided by subsection (a), less the aggregate amounts 12
not distributed under paragraphs (1) and (2), for 13
each of the programs (other than programs to which 14
paragraph (1) applies) that are allocated by the Sec-15
retary under this Act and title 23, United States 16
Code, or apportioned by the Secretary under sections 17
202 or 204 of that title, by multiplying— 18
(A) the proportion determined under para-19
graph (3); by 20
(B) the amounts authorized to be appro-21
priated for each such program for the fiscal 22
year; and 23
(5) shall distribute the obligation authority pro-24
vided by subsection (a), less the aggregate amounts 25
31
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not distributed under paragraphs (1) and (2) and 1
the amounts distributed under paragraph (4), for 2
Federal-aid highway and highway safety construc-3
tion programs that are apportioned by the Secretary 4
under title 23, United States Code (other than the 5
amounts apportioned for the national highway per-6
formance program in section 119 of title 23, United 7
States Code, that are exempt from the limitation 8
under subsection (b)(14) and the amounts appor-9
tioned under sections 202 and 204 of that title) in 10
the proportion that— 11
(A) amounts authorized to be appropriated 12
for the programs that are apportioned under 13
title 23, United States Code, to each State for 14
the fiscal year; bears to 15
(B) the total of the amounts authorized to 16
be appropriated for the programs that are ap-17
portioned under title 23, United States Code, to 18
all States for the fiscal year. 19
(d) REDISTRIBUTION OF UNUSED OBLIGATION AU-20
THORITY.—Notwithstanding subsection (c), the Secretary 21
shall, after August 1 of each of fiscal years 2021 through 22
2025— 23
(1) revise a distribution of the obligation au-24
thority made available under subsection (c) if an 25
32
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amount distributed cannot be obligated during that 1
fiscal year; and 2
(2) redistribute sufficient amounts to those 3
States able to obligate amounts in addition to those 4
previously distributed during that fiscal year, giving 5
priority to those States having large unobligated bal-6
ances of funds apportioned under sections 144 (as in 7
effect on the day before the date of enactment of 8
MAP–21 (Public Law 112–141; 126 Stat. 405)) and 9
104 of title 23, United States Code. 10
(e) APPLICABILITY OF OBLIGATION LIMITATIONS TO 11
TRANSPORTATION RESEARCH PROGRAMS.— 12
(1) IN GENERAL.—Except as provided in para-13
graph (2), obligation limitations imposed by sub-14
section (a) shall apply to contract authority for 15
transportation research programs carried out under 16
chapter 5 of title 23, United States Code. 17
(2) EXCEPTION.—Obligation authority made 18
available under paragraph (1) shall— 19
(A) remain available for a period of 4 fis-20
cal years; and 21
(B) be in addition to the amount of any 22
limitation imposed on obligations for Federal- 23
aid highway and highway safety construction 24
programs for future fiscal years. 25
33
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(f) REDISTRIBUTION OF CERTAIN AUTHORIZED 1
FUNDS.— 2
(1) IN GENERAL.—Not later than 30 days after 3
the date of distribution of obligation authority under 4
subsection (c) for each of fiscal years 2021 through 5
2025, the Secretary shall distribute to the States 6
any funds (excluding funds authorized for the pro-7
gram under section 202 of title 23, United States 8
Code) that— 9
(A) are authorized to be appropriated for 10
the fiscal year for Federal-aid highway pro-11
grams; and 12
(B) the Secretary determines will not be 13
allocated to the States (or will not be appor-14
tioned to the States under section 204 of title 15
23, United States Code), and will not be avail-16
able for obligation, for the fiscal year because 17
of the imposition of any obligation limitation for 18
the fiscal year. 19
(2) RATIO.—Funds shall be distributed under 20
paragraph (1) in the same proportion as the dis-21
tribution of obligation authority under subsection 22
(c)(5). 23
(3) AVAILABILITY.—Funds distributed to each 24
State under paragraph (1) shall be available for any 25
34
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purpose described in section 133(b) of title 23, 1
United States Code. 2
SEC. 1103. DEFINITIONS. 3
Section 101(a) of title 23, United States Code, is 4
amended— 5
(1) in paragraph (4)— 6
(A) in subparagraph (A), by inserting ‘‘as-7
sessing resilience,’’ after ‘‘surveying,’’; 8
(B) in subparagraph (G), by striking 9
‘‘and’’ at the end; 10
(C) by redesignating subparagraph (H) as 11
subparagraph (I); and 12
(D) by inserting after subparagraph (G) 13
the following: 14
‘‘(H) improvements that reduce the num-15
ber of wildlife-vehicle collisions, such as wildlife 16
crossing structures; and’’; 17
(2) by redesignating paragraphs (17) through 18
(34) as paragraphs (18), (19), (20), (21), (22), (23), 19
(25), (26), (27), (28), (29), (30), (31), (32), (33), 20
(34), (35), and (36), respectively; 21
(3) by inserting after paragraph (16) the fol-22
lowing: 23
‘‘(17) NATURAL INFRASTRUCTURE.—The term 24
‘natural infrastructure’ means infrastructure that 25
35
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uses, restores, or emulates natural ecological proc-1
esses and— 2
‘‘(A) is created through the action of nat-3
ural physical, geological, biological, and chem-4
ical processes over time; 5
‘‘(B) is created by human design, engineer-6
ing, and construction to emulate or act in con-7
cert with natural processes; or 8
‘‘(C) involves the use of plants, soils, and 9
other natural features, including through the 10
creation, restoration, or preservation of vege-11
tated areas using materials appropriate to the 12
region to manage stormwater and runoff, to at-13
tenuate flooding and storm surges, and for 14
other related purposes.’’; 15
(4) by inserting after paragraph (23) (as so re-16
designated) the following: 17
‘‘(24) RESILIENCE.—The term ‘resilience’, with 18
respect to a project, means a project with the ability 19
to anticipate, prepare for, or adapt to conditions or 20
withstand, respond to, or recover rapidly from dis-21
ruptions, including the ability— 22
‘‘(A)(i) to resist hazards or withstand im-23
pacts from weather events and natural disas-24
ters; or 25
36
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‘‘(ii) to reduce the magnitude, duration, or 1
impact of a disruptive weather event or natural 2
disaster to a project; and 3
‘‘(B) to have the absorptive capacity, 4
adaptive capacity, and recoverability to decrease 5
project vulnerability to weather events or other 6
natural disasters.’’; and 7
(5) in subparagraph (A) of paragraph (32) (as 8
so redesignated)— 9
(A) by striking the period at the end and 10
inserting ‘‘; and’’; 11
(B) by striking ‘‘through the implementa-12
tion’’ and inserting the following: ‘‘through— 13
‘‘(i) the implementation’’; and 14
(C) by adding at the end the following: 15
‘‘(ii) the consideration of incor-16
porating natural infrastructure.’’. 17
SEC. 1104. APPORTIONMENT. 18
(a) ADMINISTRATIVE EXPENSES.—Section 104(a) of 19
title 23, United States Code, is amended by striking para-20
graph (1) and inserting the following: 21
‘‘(1) IN GENERAL.—There are authorized to be 22
appropriated from the Highway Trust Fund (other 23
than the Mass Transit Account) to be made avail-24
37
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able to the Secretary for administrative expenses of 1
the Federal Highway Administration— 2
‘‘(A) $490,282,000 for fiscal year 2021; 3
‘‘(B) $499,768,000 for fiscal year 2022; 4
‘‘(C) $509,708,000 for fiscal year 2023; 5
‘‘(D) $520,084,000 for fiscal year 2024; 6
and 7
‘‘(E) $530,459,000 for fiscal year 2025.’’. 8
(b) NATIONAL HIGHWAY FREIGHT PROGRAM.—Sec-9
tion 104(b)(5) of title 23, United States Code, is amended 10
by striking subparagraph (B) and inserting the following: 11
‘‘(B) TOTAL AMOUNT.—The total amount 12
set aside for the national highway freight pro-13
gram for all States shall be— 14
‘‘(i) $1,625,000,000 for fiscal year 15
2021; 16
‘‘(ii) $1,660,000,000 for fiscal year 17
2022; 18
‘‘(iii) $1,700,000,000 for fiscal year 19
2023; 20
‘‘(iv) $1,740,000,000 for fiscal year 21
2024; and 22
‘‘(v) $1,775,000,000 for fiscal year 23
2025.’’. 24
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(c) CALCULATION OF AMOUNTS.—Section 104(c) of 1
title 23, United States Code, is amended— 2
(1) in paragraph (1)— 3
(A) in the matter preceding subparagraph 4
(A), by striking ‘‘each of fiscal years 2016 5
through 2020’’ and inserting ‘‘fiscal year 2021 6
and each fiscal year thereafter’’; 7
(B) in subparagraph (A)(ii)(I), by striking 8
‘‘fiscal year 2015’’ and inserting ‘‘fiscal year 9
2020’’; and 10
(C) by striking subparagraph (B) and in-11
serting the following: 12
‘‘(B) GUARANTEED AMOUNTS.—The initial 13
amounts resulting from the calculation under 14
subparagraph (A) shall be adjusted to ensure 15
that each State receives an aggregate appor-16
tionment that is— 17
‘‘(i) equal to at least 95 percent of the 18
estimated tax payments paid into the 19
Highway Trust Fund (other than the Mass 20
Transit Account) in the most recent fiscal 21
year for which data are available that 22
are— 23
‘‘(I) attributable to highway 24
users in the State; and 25
39
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‘‘(II) associated with taxes in ef-1
fect on July 1, 2019, and only up to 2
the rate those taxes were in effect on 3
that date; 4
‘‘(ii) at least 2 percent greater than 5
the apportionment that the State received 6
for fiscal year 2020; and 7
‘‘(iii) at least 1 percent greater than 8
the apportionment that the State received 9
for the previous fiscal year.’’; and 10
(2) in paragraph (2), by striking ‘‘fiscal years 11
2016 through 2020’’ and inserting ‘‘fiscal year 2021 12
and each fiscal year thereafter’’. 13
(d) SUPPLEMENTAL FUNDS.—Section 104(h) of title 14
23, United States Code, is amended— 15
(1) in paragraph (1), by striking subparagraph 16
(A) and inserting the following: 17
‘‘(A) AMOUNT.—Before making an appor-18
tionment for a fiscal year under subsection (c), 19
the Secretary shall reserve for the national 20
highway performance program under section 21
119 for that fiscal year an amount equal to— 22
‘‘(i) $1,160,000,000 for fiscal year 23
2021; 24
40
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‘‘(ii) $1,184,000,000 for fiscal year 1
2022; 2
‘‘(iii) $1,208,000,000 for fiscal year 3
2023; 4
‘‘(iv) $1,233,000,000 for fiscal year 5
2024; and 6
‘‘(v) $1,259,000,000 for fiscal year 7
2025.’’; and 8
(2) in paragraph (2), by striking subparagraph 9
(A) and inserting the following: 10
‘‘(A) AMOUNT.—Before making an appor-11
tionment for a fiscal year under subsection (c), 12
the Secretary shall reserve for the surface 13
transportation block grant program under sec-14
tion 133 for that fiscal year, pursuant to sec-15
tion 133(h)— 16
‘‘(i) $1,200,000,000 for fiscal year 17
2021; 18
‘‘(ii) $1,224,000,000 for fiscal year 19
2022; 20
‘‘(iii) $1,248,000,000 for fiscal year 21
2023; 22
‘‘(iv) $1,273,000,000 for fiscal year 23
2024; and 24
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‘‘(v) $1,299,000,000 for fiscal year 1
2025.’’. 2
SEC. 1105. NATIONAL HIGHWAY PERFORMANCE PROGRAM. 3
Section 119 of title 23, United States Code, is 4
amended— 5
(1) in subsection (b)— 6
(A) in paragraph (2), by striking ‘‘and’’ at 7
the end; 8
(B) in paragraph (3), by striking the pe-9
riod at the end and inserting ‘‘; and’’; and 10
(C) by adding at the end the following: 11
‘‘(4) to provide support for measures to in-12
crease the resiliency of Federal-aid highways and 13
bridges on and off the National Highway System to 14
mitigate the impacts of sea level rise, extreme weath-15
er events, flooding, or other natural disasters.’’; and 16
(2) by adding at the end the following: 17
‘‘(k) PROTECTIVE FEATURES.— 18
‘‘(1) IN GENERAL.—A State may use not more 19
than 15 percent of the funds apportioned to the 20
State under section 104(b)(1) for each fiscal year 21
for 1 or more protective features on a Federal-aid 22
highway or bridge off the National Highway System, 23
if the protective feature is designed to mitigate the 24
risk of recurring damage, or the cost of future re-25
42
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pairs, from extreme weather events, flooding, or 1
other natural disasters. 2
‘‘(2) PROTECTIVE FEATURES DESCRIBED.—A 3
protective feature referred to in paragraph (1) may 4
include— 5
‘‘(A) raising roadway grades; 6
‘‘(B) relocating roadways in a base flood-7
plain to higher ground above projected flood 8
elevation levels or away from slide prone areas; 9
‘‘(C) stabilizing slide areas; 10
‘‘(D) stabilizing slopes; 11
‘‘(E) installing riprap; 12
‘‘(F) lengthening or raising bridges to in-13
crease waterway openings; 14
‘‘(G) deepening channels to prevent flood-15
ing; 16
‘‘(H) increasing the size or number of 17
drainage structures; 18
‘‘(I) replacing culverts with bridges or 19
upsizing culverts; 20
‘‘(J) repairing or maintaining tide gates; 21
‘‘(K) installing seismic retrofits on bridges; 22
‘‘(L) adding scour protection at bridges; 23
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‘‘(M) adding scour, stream stability, coast-1
al, or other hydraulic countermeasures, includ-2
ing spur dikes; 3
‘‘(N) the use of natural infrastructure to 4
mitigate the risk of recurring damage or the 5
cost of future repair from extreme weather 6
events, flooding, or other natural disasters; and 7
‘‘(O) any other features that mitigate the 8
risk of recurring damage or the cost of future 9
repair as a result of extreme weather events, 10
flooding, or other natural disasters, as deter-11
mined by the Secretary. 12
‘‘(3) SAVINGS PROVISION.—Nothing in this sub-13
section limits the ability of a State to carry out a 14
project otherwise eligible under subsection (d) using 15
funds apportioned under section 104(b)(1).’’. 16
SEC. 1106. EMERGENCY RELIEF. 17
Section 125 of title 23, United States Code, is 18
amended— 19
(1) in subsection (a)(1), by inserting ‘‘wildfire, 20
sea level rise,’’ after ‘‘severe storm’’; 21
(2) by striking subsection (b) and inserting the 22
following: 23
‘‘(b) RESTRICTION ON ELIGIBILITY.—Funds under 24
this section shall not be used for the repair or reconstruc-25
44
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tion of a bridge that has been permanently closed to all 1
vehicular traffic by the Federal, State, Tribal, or respon-2
sible local official because of imminent danger of collapse 3
due to a structural deficiency or physical deterioration.’’; 4
and 5
(3) in subsection (d)— 6
(A) in paragraph (2)(A)— 7
(i) by striking the period at the end 8
and inserting ‘‘; and’’ 9
(ii) by striking ‘‘a facility that meets 10
the current’’ and inserting the following: 11
‘‘a facility that— 12
‘‘(i) meets the current’’; and 13
(iii) by adding at the end the fol-14
lowing: 15
‘‘(ii) incorporates economically justifi-16
able improvements designed to mitigate the 17
risk of recurring damage from extreme 18
weather events, flooding, or other natural 19
disasters.’’; 20
(B) by redesignating paragraphs (3) 21
through (5) as paragraphs (4) through (6), re-22
spectively; and 23
(C) by inserting after paragraph (2) the 24
following: 25
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‘‘(3) PROTECTIVE FEATURES.— 1
‘‘(A) IN GENERAL.—The cost of an im-2
provement that is part of a project under this 3
section shall be an eligible expense under this 4
section if the improvement is a protective fea-5
ture that is designed to mitigate the risk of re-6
curring damage, or the cost of future repair, 7
from extreme weather events, flooding, or other 8
natural disasters. 9
‘‘(B) PROTECTIVE FEATURES DE-10
SCRIBED.—A protective feature referred to in 11
subparagraph (A) may include— 12
‘‘(i) raising roadway grades; 13
‘‘(ii) relocating roadways in a base 14
floodplain to higher ground above projected 15
flood elevation levels or away from slide 16
prone areas; 17
‘‘(iii) stabilizing slide areas; 18
‘‘(iv) stabilizing slopes; 19
‘‘(v) installing riprap; 20
‘‘(vi) lengthening or raising bridges to 21
increase waterway openings; 22
‘‘(vii) deepening channels to prevent 23
flooding; 24
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‘‘(viii) increasing the size or number 1
of drainage structures; 2
‘‘(ix) replacing culverts with bridges 3
or upsizing culverts; 4
‘‘(x) repairing or maintaining tide 5
gates; 6
‘‘(xi) installing seismic retrofits on 7
bridges; 8
‘‘(xii) adding scour protection at 9
bridges; 10
‘‘(xiii) adding scour, stream stability, 11
coastal, and other hydraulic counter-12
measures, including spur dikes; 13
‘‘(xiv) the use of natural infrastruc-14
ture to mitigate the risk of recurring dam-15
age or the cost of future repair from ex-16
treme weather events, flooding, or other 17
natural disasters; and 18
‘‘(xv) any other features that mitigate 19
the risk of recurring damage or the cost of 20
future repair as a result of extreme weath-21
er events, flooding, or other natural disas-22
ters, as determined by the Secretary.’’. 23
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SEC. 1107. FEDERAL SHARE PAYABLE. 1
Section 120(c) of title 23, United States Code, is 2
amended by adding at the end the following: 3
‘‘(4) PROTECTIVE FEATURES.— 4
‘‘(A) IN GENERAL.—Notwithstanding any 5
other provision of law, the Federal share pay-6
able for the cost of a protective feature on a 7
Federal-aid highway or bridge project under 8
this title may be up to 100 percent, at the dis-9
cretion of the State, if the protective feature is 10
an improvement designed to mitigate the risk of 11
recurring damage, or the cost of future repair, 12
from extreme weather events, flooding, or other 13
natural disasters. 14
‘‘(B) PROTECTIVE FEATURES DE-15
SCRIBED.—A protective feature referred to in 16
subparagraph (A) may include— 17
‘‘(i) raising roadway grades; 18
‘‘(ii) relocating roadways in a base 19
floodplain to higher ground above projected 20
flood elevation levels or away from slide 21
prone areas; 22
‘‘(iii) stabilizing slide areas; 23
‘‘(iv) stabilizing slopes; 24
‘‘(v) installing riprap; 25
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‘‘(vi) lengthening or raising bridges to 1
increase waterway openings; 2
‘‘(vii) deepening channels to prevent 3
flooding; 4
‘‘(viii) increasing the size or number 5
of drainage structures; 6
‘‘(ix) replacing culverts with bridges 7
or upsizing culverts; 8
‘‘(x) repairing or maintaining tide 9
gates; 10
‘‘(xi) installing seismic retrofits on 11
bridges; 12
‘‘(xii) adding scour protection at 13
bridges; 14
‘‘(xiii) adding scour, stream stability, 15
coastal, and other hydraulic counter-16
measures, including spur dikes; 17
‘‘(xiv) the use of natural infrastruc-18
ture to mitigate the risk of recurring dam-19
age or the cost of future repair from ex-20
treme weather events, flooding, or other 21
natural disasters; and 22
‘‘(xv) any other features that mitigate 23
the risk of recurring damage or the cost of 24
future repair as a result of extreme weath-25
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er events, flooding, or other natural disas-1
ters, as determined by the Secretary.’’. 2
SEC. 1108. RAILWAY-HIGHWAY GRADE CROSSINGS. 3
(a) IN GENERAL.—Section 130(e) of title 23, United 4
States Code, is amended— 5
(1) in the heading, by striking ‘‘PROTECTIVE 6
DEVICES’’ and inserting ‘‘RAILWAY-HIGHWAY 7
GRADE CROSSINGS’’; and 8
(2) in paragraph (1)— 9
(A) in subparagraph (A), by striking 10
‘‘crossings’’ in the matter preceding clause (i) 11
and all that follows through ‘‘2020.’’ in clause 12
(v) and inserting the following: ‘‘crossings and 13
as described in subparagraph (B), not less than 14
$245,000,000 for each of fiscal years 2021 15
through 2025.’’; and 16
(B) by striking subparagraph (B) and in-17
serting the following: 18
‘‘(B) REDUCING TRESPASSING FATALITIES 19
AND INJURIES.—A State may use funds set 20
aside under subparagraph (A) for projects to 21
reduce pedestrian fatalities and injuries from 22
trespassing at grade crossings.’’. 23
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(b) FEDERAL SHARE.—Section 130(f)(3) of title 23, 1
United States Code, is amended by striking ‘‘90 percent’’ 2
and inserting ‘‘100 percent’’. 3
(c) GAO STUDY.—Not later than 3 years after the 4
date of enactment of this Act, the Comptroller General 5
of the United States shall submit to Congress a report 6
that includes an analysis of the effectiveness of the rail-7
way-highway crossings program under section 130 of title 8
23, United States Code. 9
(d) SENSE OF CONGRESS RELATING TO TRESPASSER 10
DEATHS ALONG RAILROAD RIGHTS-OF-WAY.—It is the 11
sense of Congress that the Department should, where fea-12
sible, coordinate departmental efforts to prevent or reduce 13
trespasser deaths along railroad rights-of-way and at or 14
near railway-highway crossings. 15
SEC. 1109. SURFACE TRANSPORTATION BLOCK GRANT PRO-16
GRAM. 17
(a) IN GENERAL.—Section 133 of title 23, United 18
States Code, is amended— 19
(1) in subsection (b)— 20
(A) in paragraph (1)— 21
(i) in subparagraph (B)— 22
(I) by adding ‘‘or’’ at the end; 23
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(II) by striking ‘‘facilities eligi-1
ble’’ and inserting the following: ‘‘fa-2
cilities— 3
‘‘(i) that are eligible’’; and 4
(III) by adding at the end the 5
following: 6
‘‘(ii) that are privately or majority- 7
privately owned, but that the Secretary de-8
termines provide a substantial public 9
transportation benefit or otherwise meet 10
the foremost needs of the surface transpor-11
tation system described in section 12
101(b)(3)(D);’’; 13
(ii) in subparagraph (E), by striking 14
‘‘and’’ at the end; 15
(iii) in subparagraph (F), by striking 16
the period at the end and inserting ‘‘; 17
and’’; and 18
(iv) by adding at the end the fol-19
lowing: 20
‘‘(G) wildlife crossing structures.’’; 21
(B) in paragraph (3), by inserting 22
‘‘148(a)(4)(B)(xvii),’’ after ‘‘119(g),’’; 23
(C) by redesignating paragraphs (4) 24
through (15) as paragraphs (5), (6), (7), (8), 25
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(9), (10), (11), (12), (13), (15), (16), and (17), 1
respectively; 2
(D) by inserting after paragraph (3) the 3
following: 4
‘‘(4) Projects that use natural infrastructure 5
alone or in combination with other eligible projects 6
to enhance resilience of a transportation facility oth-7
erwise eligible for assistance under this section.’’; 8
(E) by inserting after paragraph (13) (as 9
so redesignated) the following: 10
‘‘(14) Projects and strategies designed to re-11
duce the number of wildlife-vehicle collisions, includ-12
ing project-related planning, design, construction, 13
monitoring, and preventative maintenance.’’; and 14
(F) by adding at the end the following: 15
‘‘(18) Rural barge landing, dock, and water-16
front infrastructure projects in accordance with sub-17
section (j).’’; 18
(2) in subsection (c)— 19
(A) in paragraph (2), by striking ‘‘para-20
graphs (4) through (11)’’ and inserting ‘‘para-21
graphs (5) through (12) and paragraph (18)’’; 22
(B) in paragraph (3), by striking ‘‘and’’ at 23
the end; 24
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(C) by redesignating paragraph (4) as 1
paragraph (5); and 2
(D) by inserting after paragraph (3) the 3
following: 4
‘‘(4) for a bridge project for the replacement of 5
a low water crossing (as defined by the Secretary) 6
with a bridge; and’’; 7
(3) in subsection (d)— 8
(A) in paragraph (1)(A), in the matter 9
preceding clause (i), by striking ‘‘the percentage 10
specified in paragraph (6) for a fiscal year’’ and 11
inserting ‘‘55 percent for each of fiscal years 12
2021 through 2025’’; and 13
(B) by striking paragraph (6); 14
(4) in subsection (e)(1), in the matter preceding 15
subparagraph (A), by striking ‘‘fiscal years 2016 16
through 2020’’ and inserting ‘‘fiscal years 2021 17
through 2025’’; 18
(5) in subsection (f)— 19
(A) in paragraph (1)— 20
(i) by inserting ‘‘or low water crossing 21
(as defined by the Secretary)’’ after ‘‘a 22
highway bridge’’; and 23
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(ii) by inserting ‘‘or low water cross-1
ing (as defined by the Secretary)’’ after 2
‘‘other than a bridge’’; 3
(B) in paragraph (2)(A), by striking ‘‘ac-4
tivities described in subsection (b)(2) for off- 5
system bridges’’ and inserting ‘‘activities de-6
scribed in paragraphs (1)(A) and (10) of sub-7
section (b) for off-system bridges, projects and 8
activities described in subsection (b)(1)(A) for 9
the replacement of low water crossings with 10
bridges, and projects and activities described in 11
subsection (b)(10) for low water crossings (as 12
defined by the Secretary),’’; and 13
(C) in paragraph (3), in the matter pre-14
ceding subparagraph (A)— 15
(i) by striking ‘‘bridge or rehabilita-16
tion of a bridge’’ and inserting ‘‘bridge, re-17
habilitation of a bridge, or replacement of 18
a low water crossing (as defined by the 19
Secretary) with a bridge’’; and 20
(ii) by inserting ‘‘or, in the case of a 21
replacement of a low water crossing with a 22
bridge, is determined by the Secretary on 23
completion to have improved the safety of 24
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the location’’ after ‘‘no longer a deficient 1
bridge’’; 2
(6) in subsection (g)(1), by striking ‘‘fiscal 3
years 2016 through 2020’’ and inserting ‘‘fiscal 4
years 2021 through 2025’’; 5
(7) by adding at the end the following: 6
‘‘(j) RURAL BARGE LANDING, DOCK, AND WATER-7
FRONT INFRASTRUCTURE PROJECTS.— 8
‘‘(1) IN GENERAL.—A State may use not more 9
than 5 percent of the funds apportioned to the State 10
under section 104(b)(2) for eligible rural barge land-11
ing, dock, and waterfront infrastructure projects de-12
scribed in paragraph (2). 13
‘‘(2) ELIGIBLE PROJECTS.—An eligible rural 14
barge landing, dock, or waterfront infrastructure 15
project referred to in paragraph (1) is a project for 16
the planning, designing, engineering, or construction 17
of a barge landing, dock, or other waterfront infra-18
structure in a rural community or a Native village 19
(as defined in section 3 of the Alaska Native Claims 20
Settlement Act (43 U.S.C. 1602))— 21
‘‘(A) that is off the road system; and 22
‘‘(B) for which the Secretary determines 23
there is a lack of adequate infrastructure.’’. 24
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(b) SET-ASIDE.—Section 133(h) of title 23, United 1
States Code, is amended— 2
(1) in paragraph (1)(A), by striking clauses (i) 3
and (ii) and inserting the following: 4
‘‘(i) $1,200,000,000 for fiscal year 5
2021; 6
‘‘(ii) $1,224,000,000 for fiscal year 7
2022; 8
‘‘(iii) $1,248,000,000 for fiscal year 9
2023; 10
‘‘(iv) $1,273,000,000 for fiscal year 11
2024; and 12
‘‘(v) $1,299,000,000 for fiscal year 13
2025; and’’; 14
(2) by striking paragraph (2) and inserting the 15
following: 16
‘‘(2) ALLOCATION WITHIN A STATE.— 17
‘‘(A) IN GENERAL.—Except as provided in 18
subparagraph (B), funds reserved for a State 19
under paragraph (1) shall be obligated within 20
that State in the manner described in sub-21
section (d), except that, for purposes of this 22
paragraph (after funds are made available 23
under paragraph (5))— 24
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‘‘(i) for each fiscal year, the percent-1
age specified in subsection (d)(1)(A) shall 2
be deemed to be 57.5 percent; and 3
‘‘(ii) paragraph (3) of that subsection 4
shall not apply. 5
‘‘(B) LOCAL CONTROL.— 6
‘‘(i) IN GENERAL.—On approval of a 7
plan submitted to the Secretary that de-8
scribes the manner in which the plan will 9
maximize local control and the means by 10
which the State plans to comply with para-11
graph (8), the State may allocate up to 12
100 percent of the funds referred to in 13
subparagraph (A)(i) to counties and other 14
local transportation entities. 15
‘‘(ii) REQUIREMENT.—A State that 16
allocates funding under clause (i) to coun-17
ties and other local transportation entities 18
shall make available an equivalent amount 19
of obligation limitation to those counties 20
and other local transportation entities.’’; 21
(3) in paragraph (4)(B)— 22
(A) in clause (vii), by striking ‘‘respon-23
sible’’ and all that follows through ‘‘programs’’; 24
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(B) in clause (viii), by inserting ‘‘that 1
serves an urbanized population of over 2
200,000’’ after ‘‘metropolitan planning organi-3
zation’’; 4
(C) by redesignating clauses (vii) and (viii) 5
as clauses (viii) and (ix), respectively; and 6
(D) by inserting after clause (vi) the fol-7
lowing: 8
‘‘(vii) a metropolitan planning organi-9
zation that serves an urbanized population 10
of 200,000 or fewer;’’; 11
(4) in paragraph (6), by adding at the end the 12
following: 13
‘‘(C) IMPROVING ACCESSIBILITY AND EFFI-14
CIENCY.— 15
‘‘(i) IN GENERAL.—A State may elect 16
to use an amount equal to not more than 17
7 percent of the funds reserved for the 18
State under this subsection, after allo-19
cating funds in accordance with paragraph 20
(2)(A), to improve the ability of applicants 21
to access funding for projects under this 22
subsection in an efficient and expeditious 23
manner by— 24
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‘‘(I) providing to applicants for 1
projects under this subsection applica-2
tion assistance, technical assistance, 3
and assistance in reducing the period 4
of time between the selection of the 5
project and the obligation of funds for 6
the project; and 7
‘‘(II) providing funding for 1 or 8
more full-time State employee posi-9
tions to administer this subsection. 10
‘‘(ii) USE OF FUNDS.—Amounts used 11
under clause (i) may be expended— 12
‘‘(I) directly by the State; or 13
‘‘(II) through contracts with 14
State agencies, private entities, or 15
nonprofit entities.’’; 16
(5) by redesignating paragraph (7) as para-17
graph (8); and 18
(6) by inserting after paragraph (6) the fol-19
lowing: 20
‘‘(7) FEDERAL SHARE.— 21
‘‘(A) REQUIRED AGGREGATE NON-FED-22
ERAL SHARE.— 23
‘‘(i) IN GENERAL.—The average an-24
nual non-Federal share of the total cost of 25
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all projects carried out under this sub-1
section in a State for a fiscal year shall be 2
not less than the non-Federal share au-3
thorized for the State under section 4
120(b). 5
‘‘(ii) SINGLE PROJECTS.—Subject to 6
clause (i), the Federal share of the total 7
cost of a single project carried out under 8
this subsection may be up to 100 percent. 9
‘‘(B) FLEXIBLE FINANCING.—Subject to 10
subparagraph (A), notwithstanding section 11
120— 12
‘‘(i) funds made available to carry out 13
section 148 may be credited toward the 14
non-Federal share of the costs of a project 15
type under this subsection that the Sec-16
retary determines to have an expected safe-17
ty benefit; and 18
‘‘(ii) the non-Federal share for a 19
project under this subsection may be cal-20
culated on a project, multiple-project, or 21
program basis.’’. 22
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SEC. 1110. NATIONALLY SIGNIFICANT FREIGHT AND HIGH-1
WAY PROJECTS. 2
(a) IN GENERAL.—Section 117 of title 23, United 3
States Code, is amended— 4
(1) in subsection (a)(2)— 5
(A) in subparagraph (A), by inserting ‘‘in 6
and across rural and urban areas’’ after ‘‘peo-7
ple’’; and 8
(B) in subparagraph (F), by inserting ‘‘, 9
including highways that support movement of 10
energy equipment’’ after ‘‘security’’; 11
(2) in subsection (b), by adding at the end the 12
following: 13
‘‘(3) GRANT ADMINISTRATION.—The Secretary 14
may— 15
‘‘(A) retain not more than a total of 2 per-16
cent of the funds made available to carry out 17
this section for the National Surface Transpor-18
tation and Innovative Finance Bureau to review 19
applications for grants under this section; and 20
‘‘(B) transfer portions of the funds re-21
tained under subparagraph (A) to the relevant 22
Administrators to fund the award and oversight 23
of grants provided under this section.’’; 24
(3) in subsection (d)— 25
(A) in paragraph (1)(A)— 26
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(i) in clause (iii)(II), by striking ‘‘or’’ 1
at the end; 2
(ii) in clause (iv), by striking ‘‘and’’ at 3
the end and inserting ‘‘or’’; and 4
(iii) by adding at the end the fol-5
lowing: 6
‘‘(v) a wildlife crossing project; and’’; 7
(B) in paragraph (2)(A), in the matter 8
preceding clause (i)— 9
(i) by striking ‘‘$500,000,000’’ and 10
inserting ‘‘30 percent’’; and 11
(ii) by striking ‘‘fiscal years 2016 12
through 2020, in the aggregate,’’ and in-13
serting ‘‘each of fiscal years 2021 through 14
2025’’; and 15
(C) by adding at the end the following: 16
‘‘(3) CRITICAL RURAL STATE INTERSTATE 17
PROJECTS.— 18
‘‘(A) REQUIREMENT.—Not less than 19
$500,000,000 of the amounts made available 20
for grants under this section for fiscal years 21
2021 through 2025, in the aggregate, shall be 22
used to make grants for Interstate interchange 23
projects between 2 routes on the Interstate Sys-24
tem that— 25
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‘‘(i) are located in a State— 1
‘‘(I) with a population density of 2
not more than 80 persons per square 3
mile of land area, based on the 2010 4
census; and 5
‘‘(II) that has 3 or fewer Inter-6
state interchanges between 2 routes 7
on the Interstate System; and 8
‘‘(ii) are projects that— 9
‘‘(I) address a freight system 10
need identified in a State freight plan 11
under section 70202 of title 49 (re-12
ferred to in this paragraph as a ‘State 13
freight plan’); 14
‘‘(II) address a freight mobility 15
issue identified in a State freight 16
plan; or 17
‘‘(III) are identified in a State 18
freight plan. 19
‘‘(B) INCLUSION IN STATE FREIGHT 20
PLAN.—A project described in subparagraph 21
(A)(ii)(III) may include a project listed in the 22
freight investment plan required under section 23
70202(b)(9) of title 49. 24
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‘‘(C) UNUTILIZED AMOUNTS.—If, in fiscal 1
year 2025, the Secretary determines that 2
grants under this paragraph will not allow for 3
the amount reserved under subparagraph (A) to 4
be fully utilized, the Secretary shall use the un-5
utilized amounts to make other grants under 6
this section during that fiscal year. 7
‘‘(4) CRITICAL URBAN STATE PROJECTS.— 8
‘‘(A) REQUIREMENT.—Not less than 9
$500,000,000 of the amounts made available 10
for grants under this section for fiscal years 11
2021 through 2025, in the aggregate, shall be 12
used to make grants to eligible projects that are 13
located in a State with a population density of 14
not less than 400 persons per square mile of 15
land area, based on the 2010 census. 16
‘‘(B) INCLUSION IN STATE FREIGHT 17
PLAN.—A project described in subparagraph 18
(A) may include a project listed in the freight 19
investment plan required under section 20
70202(b)(9) of title 49. 21
‘‘(C) UNUTILIZED AMOUNTS.—If, in fiscal 22
year 2025, the Secretary determines that 23
grants under this paragraph will not allow for 24
the amount reserved under subparagraph (A) to 25
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be fully utilized, the Secretary shall use the un-1
utilized amounts to make other grants under 2
this section during that fiscal year.’’; 3
(4) in subsection (e)— 4
(A) in paragraph (1), by striking ‘‘10 per-5
cent’’ and inserting ‘‘not less than 15 percent’’; 6
(B) in paragraph (3)— 7
(i) in subparagraph (A), by striking 8
‘‘and’’ at the end; 9
(ii) in subparagraph (B), by striking 10
the period at the end and inserting ‘‘; 11
and’’; and 12
(iii) by adding at the end the fol-13
lowing: 14
‘‘(C) the effect of the proposed project on 15
safety on freight corridors with significant haz-16
ards, such as high winds, heavy snowfall, flood-17
ing, rockslides, mudslides, wildfire, wildlife 18
crossing onto the roadway, or steep grades.’’; 19
and 20
(C) by adding at the end the following: 21
‘‘(4) REQUIREMENT.—Of the amounts reserved 22
under paragraph (1), not less than 30 percent shall 23
be used for projects in rural areas (as defined in 24
subsection (i)(3)).’’; 25
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(5) in subsection (h)— 1
(A) in paragraph (2), by striking ‘‘and’’ at 2
the end; 3
(B) in paragraph (3), by striking the pe-4
riod at the end and inserting ‘‘; and’’; and 5
(C) by adding at the end the following: 6
‘‘(4) enhancement of freight resilience to nat-7
ural hazards or disasters, including high winds, 8
heavy snowfall, flooding, rockslides, mudslides, wild-9
fire, wildlife crossing onto the roadway, or steep 10
grades.’’; 11
(6) in subsection (i)(2), by striking ‘‘other 12
grants under this section’’ and inserting ‘‘grants 13
under subsection (e)’’; 14
(7) in subsection (j)— 15
(A) by striking the subsection designation 16
and heading and all that follows through ‘‘The 17
Federal share’’ in paragraph (1) and inserting 18
the following: 19
‘‘(j) FEDERAL ASSISTANCE.— 20
‘‘(1) FEDERAL SHARE.— 21
‘‘(A) IN GENERAL.—Except as provided in 22
subparagraph (B) or for a grant under sub-23
section (q), the Federal share’’; 24
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(B) in paragraph (1), by adding at the end 1
the following: 2
‘‘(B) SMALL PROJECTS.—In the case of a 3
project described in subsection (e)(1), the Fed-4
eral share of the cost of the project shall be 80 5
percent.’’; and 6
(C) in paragraph (2)— 7
(i) by striking ‘‘Federal assistance 8
other’’ and inserting ‘‘Except for grants 9
under subsection (q), Federal assistance 10
other’’; and 11
(ii) by striking ‘‘except that the total 12
Federal’’ and inserting the following: ‘‘ex-13
cept that— 14
‘‘(A) for a State with a population density 15
of not more than 80 persons per square mile of 16
land area, based on the 2010 census, the max-17
imum share of the total Federal assistance pro-18
vided for a project receiving a grant under this 19
section shall be the applicable share under sec-20
tion 120(b); and 21
‘‘(B) for a State not described in subpara-22
graph (A), the total Federal’’; 23
(8) by redesignating subsections (k) through 24
(n) as subsections (l), (m), (n), and (p), respectively; 25
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(9) by inserting after subsection (j) the fol-1
lowing: 2
‘‘(k) EFFICIENT USE OF NON-FEDERAL FUNDS.— 3
‘‘(1) IN GENERAL.—Notwithstanding any other 4
provision of law and subject to approval by the Sec-5
retary under paragraph (2)(B), in the case of any 6
grant for a project under this section, during the pe-7
riod beginning on the date on which the grant recipi-8
ent is selected and ending on the date on which the 9
grant agreement is signed— 10
‘‘(A) the grant recipient may obligate and 11
expend non-Federal funds with respect to the 12
project for which the grant is provided; and 13
‘‘(B) any non-Federal funds obligated or 14
expended in accordance with subparagraph (A) 15
shall be credited toward the non-Federal cost 16
share for the project for which the grant is pro-17
vided. 18
‘‘(2) REQUIREMENTS.— 19
‘‘(A) APPLICATION.—In order to obligate 20
and expend non-Federal funds under paragraph 21
(1), the grant recipient shall submit to the Sec-22
retary a request to obligate and expend non- 23
Federal funds under that paragraph, includ-24
ing— 25
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‘‘(i) a description of the activities the 1
grant recipient intends to fund; 2
‘‘(ii) a justification for advancing the 3
activities described in clause (i), including 4
an assessment of the effects to the project 5
scope, schedule, and budget if the request 6
is not approved; and 7
‘‘(iii) the level of risk of the activities 8
described in clause (i). 9
‘‘(B) APPROVAL.—The Secretary shall ap-10
prove or disapprove each request submitted 11
under subparagraph (A). 12
‘‘(C) COMPLIANCE WITH APPLICABLE RE-13
QUIREMENTS.—Any non-Federal funds obli-14
gated or expended under paragraph (1) shall 15
comply with all applicable requirements, includ-16
ing any requirements included in the grant 17
agreement. 18
‘‘(3) EFFECT.—The obligation or expenditure 19
of any non-Federal funds in accordance with this 20
subsection shall not— 21
‘‘(A) affect the signing of a grant agree-22
ment or other applicable grant procedures with 23
respect to the applicable grant; 24
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‘‘(B) create an obligation on the part of 1
the Federal Government to repay any non-Fed-2
eral funds if the grant agreement is not signed; 3
or 4
‘‘(C) affect the ability of recipient of the 5
grant to obligate or expend non-Federal funds 6
to meet the non-Federal cost share for the 7
project for which the grant is provided after the 8
period described in paragraph (1).’’; 9
(10) by inserting after subsection (n) (as so re-10
designated) the following: 11
‘‘(o) APPLICANT NOTIFICATION.— 12
‘‘(1) IN GENERAL.—Not later than 60 days 13
after the date on which a grant recipient for a 14
project under this section is selected, the Secretary 15
shall provide to each eligible applicant not selected 16
for that grant a written notification that the eligible 17
applicant was not selected. 18
‘‘(2) INCLUSION.—A written notification under 19
paragraph (1) shall include an offer for a written or 20
telephonic debrief by the Secretary that will pro-21
vide— 22
‘‘(A) detail on the evaluation of the appli-23
cation of the eligible applicant; and 24
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‘‘(B) an explanation of and guidance on 1
the reasons the application was not selected for 2
a grant under this section. 3
‘‘(3) RESPONSE.— 4
‘‘(A) IN GENERAL.—Not later than 30 5
days after the eligible applicant receives a writ-6
ten notification under paragraph (1), if the eli-7
gible applicant opts to receive a debrief de-8
scribed in paragraph (2), the eligible applicant 9
shall notify the Secretary that the eligible appli-10
cant is requesting a debrief. 11
‘‘(B) DEBRIEF.—If the eligible applicant 12
submits a request for a debrief under subpara-13
graph (A), the Secretary shall provide the de-14
brief by not later than 60 days after the date 15
on which the Secretary receives the request for 16
a debrief.’’; and 17
(11) by striking subsection (p) (as so redesig-18
nated) and inserting the following: 19
‘‘(p) REPORTS.— 20
‘‘(1) ANNUAL REPORT.— 21
‘‘(A) IN GENERAL.—Notwithstanding any 22
other provision of law, not later than 30 days 23
after the date on which the Secretary selects a 24
project for funding under this section, the Sec-25
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retary shall submit to the Committee on Envi-1
ronment and Public Works of the Senate and 2
the Committee on Transportation and Infra-3
structure of the House of Representatives a re-4
port that describes the reasons for selecting the 5
project, based on any criteria established by the 6
Secretary in accordance with this section. 7
‘‘(B) INCLUSIONS.—The report submitted 8
under subparagraph (A) shall specify each cri-9
terion established by the Secretary that the 10
project meets. 11
‘‘(C) AVAILABILITY.—The Secretary shall 12
make available on the website of the Depart-13
ment of Transportation the report submitted 14
under subparagraph (A). 15
‘‘(D) APPLICABILITY.—This paragraph ap-16
plies to all projects described in subparagraph 17
(A) that the Secretary selects on or after Janu-18
ary 1, 2019. 19
‘‘(2) COMPTROLLER GENERAL.— 20
‘‘(A) ASSESSMENT.—The Comptroller Gen-21
eral of the United States shall conduct an as-22
sessment of the establishment, solicitation, se-23
lection, and justification process with respect to 24
the funding of projects under this section. 25
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‘‘(B) REPORT.—Not later than 1 year 1
after the date of enactment of the America’s 2
Transportation Infrastructure Act of 2019 and 3
annually thereafter, the Comptroller General of 4
the United States shall submit to the Com-5
mittee on Environment and Public Works of the 6
Senate and the Committee on Transportation 7
and Infrastructure of the House of Representa-8
tives a report that describes, for each project 9
selected to receive funding under this section— 10
‘‘(i) the process by which each project 11
was selected; 12
‘‘(ii) the factors that went into the se-13
lection of each project; and 14
‘‘(iii) the justification for the selection 15
of each project based on any criteria estab-16
lished by the Secretary in accordance with 17
this section. 18
‘‘(3) INSPECTOR GENERAL.—Not later than 1 19
year after the date of enactment of the America’s 20
Transportation Infrastructure Act of 2019 and an-21
nually thereafter, the Inspector General of the De-22
partment of Transportation shall— 23
‘‘(A) conduct an assessment of the estab-24
lishment, solicitation, selection, and justification 25
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process with respect to the funding of projects 1
under this section; and 2
‘‘(B) submit to the Committee on Environ-3
ment and Public Works of the Senate and the 4
Committee on Transportation and Infrastruc-5
ture of the House of Representatives a final re-6
port that describes the findings of the Inspector 7
General of the Department of Transportation 8
with respect to the assessment conducted under 9
subparagraph (A). 10
‘‘(q) STATE INCENTIVES PILOT PROGRAM.— 11
‘‘(1) ESTABLISHMENT.—There is established a 12
pilot program to award grants to eligible applicants 13
for projects eligible for grants under this section (re-14
ferred to in this subsection as the ‘pilot program’). 15
‘‘(2) PRIORITY.—In awarding grants under the 16
pilot program, the Secretary shall give priority to an 17
application that offers a greater non-Federal share 18
of the cost of a project relative to other applications 19
under the pilot program. 20
‘‘(3) FEDERAL SHARE.— 21
‘‘(A) IN GENERAL.—Notwithstanding any 22
other provision of law, the Federal share of the 23
cost of a project assisted with a grant under the 24
pilot program may not exceed 50 percent. 25
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‘‘(B) NO FEDERAL INVOLVEMENT.— 1
‘‘(i) IN GENERAL.—For grants award-2
ed under the pilot program, except as pro-3
vided in clause (ii), an eligible applicant 4
may not use Federal assistance to satisfy 5
the non-Federal share of the cost under 6
subparagraph (A). 7
‘‘(ii) EXCEPTION.—An eligible appli-8
cant may use funds from a secured loan 9
(as defined in section 601(a)) to satisfy the 10
non-Federal share of the cost under sub-11
paragraph (A) if the loan is repayable from 12
non-Federal funds. 13
‘‘(4) RESERVATION.— 14
‘‘(A) IN GENERAL.—Of the amounts made 15
available to provide grants under this section, 16
the Secretary shall reserve for each fiscal year 17
$150,000,000 to provide grants under the pilot 18
program. 19
‘‘(B) UNUTILIZED AMOUNTS.—In any fis-20
cal year during which applications under this 21
subsection are insufficient to effect an award or 22
allocation of the entire amount reserved under 23
subparagraph (A), the Secretary shall use the 24
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unutilized amounts to provide other grants 1
under this section. 2
‘‘(5) SET-ASIDES.— 3
‘‘(A) SMALL PROJECTS.— 4
‘‘(i) IN GENERAL.—Of the amounts 5
reserved under paragraph (4)(A), the Sec-6
retary shall reserve for each fiscal year not 7
less than 10 percent for projects eligible 8
for a grant under subsection (e). 9
‘‘(ii) REQUIREMENT.—For a grant 10
awarded from the amount reserved under 11
clause (i)— 12
‘‘(I) the requirements of sub-13
section (e) shall apply; and 14
‘‘(II) the requirements of sub-15
section (g) shall not apply. 16
‘‘(B) RURAL PROJECTS.— 17
‘‘(i) IN GENERAL.—Of the amounts 18
reserved under paragraph (4)(A), the Sec-19
retary shall reserve for each fiscal year not 20
less than 25 percent for projects eligible 21
for a grant under subsection (i). 22
‘‘(ii) REQUIREMENT.—For a grant 23
awarded from the amount reserved under 24
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clause (i), the requirements of subsection 1
(i) shall apply. 2
‘‘(6) REPORT TO CONGRESS.—Not later than 2 3
years after the date of enactment of this subsection, 4
the Secretary shall submit to the Committee on En-5
vironment and Public Works of the Senate and the 6
Committee on Transportation and Infrastructure of 7
the House of Representatives a report that describes 8
the administration of the pilot program, including— 9
‘‘(A) the number, types, and locations of 10
eligible applicants that have applied for grants 11
under the pilot program; 12
‘‘(B) the number, types, and locations of 13
grant recipients under the pilot program; 14
‘‘(C) an assessment of whether implemen-15
tation of the pilot program has incentivized eli-16
gible applicants to offer a greater non-Federal 17
share for grants under the pilot program; and 18
‘‘(D) any recommendations for modifica-19
tions to the pilot program.’’. 20
(b) EFFICIENT USE OF NON-FEDERAL FUNDS.— 21
(1) IN GENERAL.—Notwithstanding any other 22
provision of law, in the case of a grant described in 23
paragraph (2), section 117(k) of title 23, United 24
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States Code, shall apply to the grant as if the grant 1
was a grant provided under that section. 2
(2) GRANT DESCRIBED.—A grant referred to in 3
paragraph (1) is a grant that is— 4
(A) provided under a competitive discre-5
tionary grant program administered by the 6
Federal Highway Administration; 7
(B) for a project eligible under title 23, 8
United States Code; and 9
(C) in an amount greater than $5,000,000. 10
SEC. 1111. HIGHWAY SAFETY IMPROVEMENT PROGRAM. 11
Section 148 of title 23, United States Code, is 12
amended— 13
(1) in subsection (a)— 14
(A) in paragraph (4)(B)— 15
(i) in clause (xxviii), by striking 16
‘‘through (xxvii)’’ and inserting ‘‘through 17
(xxviii)’’; 18
(ii) by redesignating clause (xxviii) as 19
clause (xxix); and 20
(iii) by inserting after clause (xxvii) 21
the following: 22
‘‘(xxviii) Leading pedestrian inter-23
vals.’’; 24
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(B) by redesignating paragraphs (10) 1
through (12) as paragraphs (11) through (13), 2
respectively; and 3
(C) by inserting after paragraph (9) the 4
following: 5
‘‘(10) SAFETY PROJECT UNDER ANY OTHER 6
SECTION.— 7
‘‘(A) IN GENERAL.—The term ‘safety 8
project under any other section’ means a 9
project carried out for the purpose of safety 10
under any other section of this title. 11
‘‘(B) INCLUSION.—The term ‘safety 12
project under any other section’ includes a 13
project, consistent with the State strategic high-14
way safety plan, that— 15
‘‘(i) promotes public awareness and 16
informs the public regarding highway safe-17
ty matters (including motorcycle safety); 18
‘‘(ii) facilitates enforcement of traffic 19
safety laws; 20
‘‘(iii) provides infrastructure and in-21
frastructure-related equipment to support 22
emergency services; or 23
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‘‘(iv) conducts safety-related research 1
to evaluate experimental safety counter-2
measures or equipment.’’; 3
(2) in subsection (c)(1)(A), by striking ‘‘sub-4
sections (a)(11)’’ and inserting ‘‘subsections 5
(a)(12)’’; 6
(3) in subsection (d)(2)(B)(i), by striking ‘‘sub-7
section (a)(11)’’ and inserting ‘‘subsection (a)(12)’’; 8
and 9
(4) in subsection (e), by adding at the end the 10
following: 11
‘‘(3) FLEXIBLE FUNDING FOR SAFETY 12
PROJECTS UNDER ANY OTHER SECTION.— 13
‘‘(A) IN GENERAL.—To advance the imple-14
mentation of a State strategic highway safety 15
plan, a State may use not more than 25 percent 16
of the amounts apportioned to the State under 17
section 104(b)(3) for a fiscal year to carry out 18
safety projects under any other section. 19
‘‘(B) OTHER TRANSPORTATION AND HIGH-20
WAY SAFETY PLANS.—Nothing in this para-21
graph requires a State to revise any State proc-22
ess, plan, or program in effect on the date of 23
enactment of this paragraph.’’. 24
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SEC. 1112. FEDERAL LANDS TRANSPORTATION PROGRAM. 1
Section 203(a) of title 23, United States Code, is 2
amended— 3
(1) in paragraph (1)— 4
(A) in subparagraph (B), by adding ‘‘and’’ 5
at the end; 6
(B) in subparagraph (C), by striking ‘‘; 7
and’’ and inserting a period; and 8
(C) in subparagraph (D), by striking 9
‘‘$10,000,000’’ and inserting ‘‘$20,000,000’’; 10
and 11
(2) by adding at the end the following: 12
‘‘(6) NATIVE PLANT MATERIALS.—In carrying 13
out an activity described in paragraph (1), the entity 14
carrying out the activity shall consider— 15
‘‘(A) the use of locally adapted native plant 16
materials; and 17
‘‘(B) designs that minimize runoff and 18
heat generation.’’. 19
SEC. 1113. FEDERAL LANDS ACCESS PROGRAM. 20
Section 204(a) of title 23, United States Code, is 21
amended— 22
(1) in paragraph (1)(A)— 23
(A) in the matter preceding clause (i), by 24
inserting ‘‘context-sensitive solutions,’’ after 25
‘‘restoration,’’; 26
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(B) in clause (i), by inserting ‘‘, including 1
interpretive panels in or adjacent to those 2
areas’’ after ‘‘areas’’; 3
(C) in clause (v), by striking ‘‘and’’ at the 4
end; 5
(D) by redesignating clause (vi) as clause 6
(ix); and 7
(E) by inserting after clause (v) the fol-8
lowing: 9
‘‘(vi) contextual wayfinding markers; 10
‘‘(vii) landscaping; 11
‘‘(viii) cooperative mitigation of visual 12
blight, including screening or removal; 13
and’’; and 14
(2) by adding at the end the following: 15
‘‘(6) NATIVE PLANT MATERIALS.—In carrying 16
out an activity described in paragraph (1), the Sec-17
retary shall ensure that the entity carrying out the 18
activity considers— 19
‘‘(A) the use of locally adapted native plant 20
materials; and 21
‘‘(B) designs that minimize runoff and 22
heat generation.’’. 23
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SEC. 1114. NATIONAL HIGHWAY FREIGHT PROGRAM. 1
Section 167 of title 23, United States Code, is 2
amended— 3
(1) in subsection (e)— 4
(A) in paragraph (2), by striking ‘‘150 5
miles’’ and inserting ‘‘300 miles’’; and 6
(B) by adding at the end the following: 7
‘‘(3) RURAL STATES.—Notwithstanding para-8
graph (2), a State with a population per square mile 9
of area that is less than the national average, based 10
on the 2010 census, may designate as critical rural 11
freight corridors a maximum of 600 miles of high-12
way or 25 percent of the primary highway freight 13
system mileage in the State, whichever is greater.’’; 14
(2) in subsection (f)(4), by striking ‘‘75 miles’’ 15
and inserting ‘‘150 miles’’; and 16
(3) in subsection (i)(5)(B)— 17
(A) in the matter preceding clause (i), by 18
striking ‘‘10 percent’’ and inserting ‘‘30 per-19
cent’’; 20
(B) in clause (i), by striking ‘‘and’’ at the 21
end; 22
(C) in clause (ii), by striking the period at 23
the end and inserting a semicolon; and 24
(D) by adding at the end the following: 25
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‘‘(iii) for the modernization or reha-1
bilitation of a lock and dam, if the Sec-2
retary determines that the project— 3
‘‘(I) is functionally connected to 4
the National Highway Freight Net-5
work; and 6
‘‘(II) is likely to reduce on-road 7
mobile source emissions; and 8
‘‘(iv) on a marine highway corridor, 9
connector, or crossing designated by the 10
Secretary under section 55601(c) of title 11
46 (including an inland waterway corridor, 12
connector, or crossing), if the Secretary de-13
termines that the project— 14
‘‘(I) is functionally connected to 15
the National Highway Freight Net-16
work; and 17
‘‘(II) is likely to reduce on-road 18
mobile source emissions.’’. 19
SEC. 1115. CONGESTION MITIGATION AND AIR QUALITY IM-20
PROVEMENT PROGRAM. 21
Section 149 of title 23, United States Code, is 22
amended— 23
(1) in subsection (b)— 24
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(A) in the matter preceding paragraph (1), 1
by striking ‘‘subsection (d)’’ and inserting ‘‘sub-2
sections (d) and (m)(1)(B)(ii)’’ 3
(B) in paragraph (8)(B), by striking ‘‘or’’ 4
at the end; 5
(C) in paragraph (9), by striking the pe-6
riod at the end and inserting a semicolon; and 7
(D) by adding at the end the following: 8
‘‘(10) if the project is for the modernization or 9
rehabilitation of a lock and dam that— 10
‘‘(A) is functionally connected to the Fed-11
eral-aid highway system; and 12
‘‘(B) the Secretary determines is likely to 13
contribute to the attainment or maintenance of 14
a national ambient air quality standard; or 15
‘‘(11) if the project is on a marine highway cor-16
ridor, connector, or crossing designated by the Sec-17
retary under section 55601(c) of title 46 (including 18
an inland waterway corridor, connector, or crossing) 19
that— 20
‘‘(A) is functionally connected to the Fed-21
eral-aid highway system; and 22
‘‘(B) the Secretary determines is likely to 23
contribute to the attainment or maintenance of 24
a national ambient air quality standard.’’; 25
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(2) in subsection (c), by adding at the end the 1
following: 2
‘‘(4) LOCKS AND DAMS; MARINE HIGHWAYS.— 3
For each fiscal year, a State may not obligate more 4
than 10 percent of the funds apportioned to the 5
State under section 104(b)(4) for projects described 6
in paragraphs (10) and (11) of subsection (b).’’; and 7
(3) by striking subsection (m) and inserting the 8
following: 9
‘‘(m) OPERATING ASSISTANCE.— 10
‘‘(1) IN GENERAL.—A State may obligate funds 11
apportioned under section 104(b)(4) in an area of 12
the State that is otherwise eligible for obligations of 13
such funds for operating costs— 14
‘‘(A) under chapter 53 of title 49; or 15
‘‘(B) on— 16
‘‘(i) a system for which CMAQ fund-17
ing was eligible, made available, obligated, 18
or expended in fiscal year 2012; or 19
‘‘(ii) a State-supported Amtrak route 20
with a valid cost-sharing agreement under 21
section 209 of the Passenger Rail Invest-22
ment and Improvement Act of 2008 (49 23
U.S.C. 24101 note; Public Law 110–432) 24
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and no current nonattainment areas under 1
subsection (d). 2
‘‘(2) NO TIME LIMITATION.—Operating assist-3
ance provided under paragraph (1) shall have no im-4
posed time limitation if the operating assistance is 5
for— 6
‘‘(A) a route described in subparagraph 7
(B)(ii) of that paragraph; or 8
‘‘(B) a transit system that is located in— 9
‘‘(i) a non-urbanized area; or 10
‘‘(ii) an urbanized area with a popu-11
lation of 200,000 or fewer.’’. 12
SEC. 1116. NATIONAL SCENIC BYWAYS PROGRAM. 13
(a) REQUEST FOR NOMINATIONS.—Not later than 90 14
days after the date of enactment of this Act, the Secretary 15
shall issue a request for nominations with respect to roads 16
to be designated under the national scenic byways pro-17
gram, as described in section 162(a) of title 23, United 18
States Code. The Secretary shall make the request for 19
nominations available on the appropriate website of the 20
Department. 21
(b) DESIGNATION DETERMINATIONS.—Not later 22
than 1 year after the date on which the request for nomi-23
nations required under subsection (a) is issued, the Sec-24
retary shall make publicly available on the appropriate 25
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website of the Department a list specifying the roads, 1
nominated pursuant to such request, to be designated 2
under the national scenic byways program. 3
SEC. 1117. ALASKA HIGHWAY. 4
Section 218 of title 23, United States Code, is 5
amended to read as follows: 6
‘‘§ 218. Alaska Highway 7
‘‘(a) Recognizing the benefits that will accrue to the 8
State of Alaska and to the United States from the recon-9
struction of the Alaska Highway from the Alaskan border 10
at Beaver Creek, Yukon Territory, to Haines Junction in 11
Canada and the Haines Cutoff Highway from Haines 12
Junction in Canada to Haines, Alaska, the Secretary may 13
provide for the necessary reconstruction of the highway 14
using funds awarded through an applicable competitive 15
grant program, if the highway meets all applicable eligi-16
bility requirements for the program, except for the specific 17
requirements established by the agreement for the Alaska 18
Highway Project between the Government of the United 19
States and the Government of Canada. In addition to the 20
funds described in the previous sentence, notwithstanding 21
any other provision of law and on agreement with the 22
State of Alaska, the Secretary is authorized to expend on 23
such highway or the Alaska Marine Highway System any 24
Federal-aid highway funds apportioned to the State of 25
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Alaska under this title at a Federal share of 100 per cen-1
tum. No expenditures shall be made for the construction 2
of the portion of such highways that are in Canada unless 3
an agreement is in place between the Government of Can-4
ada and the Government of the United States (including 5
an agreement in existence on the date of enactment of the 6
America’s Transportation Infrastructure Act of 2019) 7
that provides, in part, that the Canadian Government— 8
‘‘(1) will provide, without participation of funds 9
authorized under this title, all necessary right-of-way 10
for the reconstruction of such highways; 11
‘‘(2) will not impose any highway toll, or permit 12
any such toll to be charged for the use of such high-13
ways by vehicles or persons; 14
‘‘(3) will not levy or assess, directly or indi-15
rectly, any fee, tax, or other charge for the use of 16
such highways by vehicles or persons from the 17
United States that does not apply equally to vehicles 18
or persons of Canada; 19
‘‘(4) will continue to grant reciprocal recogni-20
tion of vehicle registration and driver’s licenses in 21
accordance with agreements between the United 22
States and Canada; and 23
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‘‘(5) will maintain such highways after their 1
completion in proper condition adequately to serve 2
the needs of present and future traffic. 3
‘‘(b) The survey and construction work undertaken 4
in Canada pursuant to this section shall be under the gen-5
eral supervision of the Secretary. 6
‘‘(c) For purposes of this section, the term ‘Alaska 7
Marine Highway System’ includes all existing or planned 8
transportation facilities and equipment in Alaska, includ-9
ing the lease, purchase, or construction of vessels, termi-10
nals, docks, floats, ramps, staging areas, parking lots, 11
bridges and approaches thereto, and necessary roads.’’. 12
SEC. 1118. TOLL ROADS, BRIDGES, TUNNELS, AND FERRIES. 13
Section 129(c) of title 23, United States Code, is 14
amended in the matter preceding paragraph (1) by strik-15
ing ‘‘the construction of ferry boats and ferry terminal fa-16
cilities, whether toll or free,’’ and inserting ‘‘the construc-17
tion of ferry boats and ferry terminal facilities (including 18
ferry maintenance facilities), whether toll or free, and the 19
procurement of transit vehicles used exclusively as an inte-20
gral part of an intermodal ferry trip,’’. 21
SEC. 1119. BRIDGE INVESTMENT PROGRAM. 22
(a) IN GENERAL.—Chapter 1 of title 23, United 23
States Code, is amended by inserting after section 123 the 24
following: 25
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‘‘§ 124. Bridge investment program 1
‘‘(a) DEFINITIONS.—In this section: 2
‘‘(1) ELIGIBLE PROJECT.— 3
‘‘(A) IN GENERAL.—The term ‘eligible 4
project’ means a project to replace, rehabilitate, 5
preserve, or protect 1 or more bridges on the 6
National Bridge Inventory under section 7
144(b). 8
‘‘(B) INCLUSIONS.—The term ‘eligible 9
project’ includes— 10
‘‘(i) a bundle of projects described in 11
subparagraph (A), regardless of whether 12
the bundle of projects meets the require-13
ments of section 144(j)(5); and 14
‘‘(ii) a project to replace or rehabili-15
tate culverts for the purpose of improving 16
flood control and improved habitat 17
connectivity for aquatic species. 18
‘‘(2) LARGE PROJECT.—The term ‘large 19
project’ means an eligible project with total eligible 20
project costs of greater than $100,000,000. 21
‘‘(3) PROGRAM.—The term ‘program’ means 22
the bridge investment program established by sub-23
section (b)(1). 24
‘‘(b) ESTABLISHMENT OF BRIDGE INVESTMENT PRO-25
GRAM.— 26
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‘‘(1) IN GENERAL.—There is established a 1
bridge investment program to provide financial as-2
sistance for eligible projects under this section. 3
‘‘(2) GOALS.—The goals of the program shall 4
be— 5
‘‘(A) to improve the safety, efficiency, and 6
reliability of the movement of people and freight 7
over bridges; 8
‘‘(B) to improve the condition of bridges in 9
the United States by reducing— 10
‘‘(i) the number of bridges— 11
‘‘(I) in poor condition; or 12
‘‘(II) in fair condition and at risk 13
of falling into poor condition within 14
the next 3 years; 15
‘‘(ii) the total person miles traveled 16
over bridges— 17
‘‘(I) in poor condition; or 18
‘‘(II) in fair condition and at risk 19
of falling into poor condition within 20
the next 3 years; 21
‘‘(iii) the number of bridges that— 22
‘‘(I) do not meet current geo-23
metric design standards; or 24
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‘‘(II) cannot meet the load and 1
traffic requirements typical of the re-2
gional transportation network; and 3
‘‘(iv) the total person miles traveled 4
over bridges that— 5
‘‘(I) do not meet current geo-6
metric design standards; or 7
‘‘(II) cannot meet the load and 8
traffic requirements typical of the re-9
gional transportation network; and 10
‘‘(C) to provide financial assistance that 11
leverages and encourages non-Federal contribu-12
tions from sponsors and stakeholders involved 13
in the planning, design, and construction of eli-14
gible projects. 15
‘‘(c) GRANT AUTHORITY.— 16
‘‘(1) IN GENERAL.—In carrying out the pro-17
gram, the Secretary may award grants, on a com-18
petitive basis, in accordance with this section. 19
‘‘(2) GRANT AMOUNTS.—Except as otherwise 20
provided, a grant under the program shall be— 21
‘‘(A) in the case of a large project, in an 22
amount that is— 23
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‘‘(i) adequate to fully fund the project 1
(in combination with other financial re-2
sources identified in the application); and 3
‘‘(ii) not less than $50,000,000; and 4
‘‘(B) in the case of any other eligible 5
project, in an amount that is— 6
‘‘(i) adequate to fully fund the project 7
(in combination with other financial re-8
sources identified in the application); and 9
‘‘(ii) not less than $2,500,000. 10
‘‘(3) MAXIMUM AMOUNT.—Except as otherwise 11
provided, for an eligible project receiving assistance 12
under the program, the amount of assistance pro-13
vided by the Secretary under this section, as a share 14
of eligible project costs, shall be— 15
‘‘(A) in the case of a large project, not 16
more than 50 percent; and 17
‘‘(B) in the case of any other eligible 18
project, not more than 80 percent. 19
‘‘(4) FEDERAL SHARE.— 20
‘‘(A) MAXIMUM FEDERAL INVOLVE-21
MENT.—Federal assistance other than a grant 22
under the program may be used to satisfy the 23
non-Federal share of the cost of a project for 24
which a grant is made, except that the total 25
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Federal assistance provided for a project receiv-1
ing a grant under the program may not exceed 2
the Federal share for the project under section 3
120. 4
‘‘(B) OFF-SYSTEM BRIDGES.—In the case 5
of an eligible project for an off-system bridge 6
(as defined in section 133(f)(1))— 7
‘‘(i) Federal assistance other than a 8
grant under the program may be used to 9
satisfy the non-Federal share of the cost of 10
a project; and 11
‘‘(ii) notwithstanding subparagraph 12
(A), the total Federal assistance provided 13
for the project shall not exceed 90 percent 14
of the total eligible project costs. 15
‘‘(C) FEDERAL LAND MANAGEMENT AGEN-16
CIES AND TRIBAL GOVERNMENTS.—Notwith-17
standing any other provision of law, Federal 18
funds other than Federal funds made available 19
under this section may be used to pay the re-20
maining share of the cost of a project under the 21
program by a Federal land management agency 22
or a Tribal government or consortium of Tribal 23
governments. 24
‘‘(5) CONSIDERATIONS.— 25
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‘‘(A) IN GENERAL.—In awarding grants 1
under the program, the Secretary shall con-2
sider— 3
‘‘(i) in the case of a large project, the 4
ratings assigned under subsection 5
(g)(5)(A); 6
‘‘(ii) in the case of an eligible project 7
other than a large project, the quality rat-8
ing assigned under subsection (f)(3)(A)(ii); 9
‘‘(iii) the average daily person and 10
freight throughput supported by the eligi-11
ble project; 12
‘‘(iv) the number and percentage of 13
bridges within the same State as the eligi-14
ble project that are in poor condition; 15
‘‘(v) the extent to which the eligible 16
project demonstrates cost savings by bun-17
dling multiple bridge projects; 18
‘‘(vi) in the case of an eligible project 19
of a Federal land management agency, the 20
extent to which the grant would reduce a 21
Federal liability or Federal infrastructure 22
maintenance backlog; 23
‘‘(vii) geographic diversity among 24
grant recipients, including the need for a 25
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balance between the needs of rural and 1
urban communities; and 2
‘‘(viii) the extent to which a bridge 3
that would be assisted with a grant— 4
‘‘(I) is, without that assistance— 5
‘‘(aa) at risk of falling into 6
or remaining in poor condition; 7
or 8
‘‘(bb) in fair condition and 9
at risk of falling into poor condi-10
tion within the next 3 years; 11
‘‘(II) does not meet current geo-12
metric design standards based on— 13
‘‘(aa) the current use of the 14
bridge; or 15
‘‘(bb) load and traffic re-16
quirements typical of the regional 17
corridor or local network in 18
which the bridge is located; or 19
‘‘(III) does not meet current seis-20
mic design standards. 21
‘‘(B) REQUIREMENT.—The Secretary 22
shall— 23
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‘‘(i) give priority to an application for 1
an eligible project that is located within a 2
State for which— 3
‘‘(I) 2 or more applications for 4
eligible projects within the State were 5
submitted for the current fiscal year 6
and an average of 2 or more applica-7
tions for eligible projects within the 8
State were submitted in prior fiscal 9
years of the program; and 10
‘‘(II) fewer than 2 grants have 11
been awarded for eligible projects 12
within the State under the program; 13
‘‘(ii) during the period of fiscal years 14
2021 through 2025, for each State de-15
scribed in clause (i), select— 16
‘‘(I) not fewer than 1 large 17
project that the Secretary determines 18
is justified under the evaluation under 19
subsection (g)(4); or 20
‘‘(II) 2 eligible projects that are 21
not large projects that the Secretary 22
determines are justified under the 23
evaluation under subsection (f)(3); 24
and 25
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‘‘(iii) not be required to award a grant 1
for an eligible project that the Secretary 2
does not determine is justified under an 3
evaluation under subsection (f)(3) or 4
(g)(4). 5
‘‘(6) CULVERT LIMITATION.—Not more than 5 6
percent of the amounts made available for each fis-7
cal year for grants under the program may be used 8
for eligible projects that consist solely of culvert re-9
placement or rehabilitation. 10
‘‘(d) ELIGIBLE ENTITY.—The Secretary may make 11
a grant under the program to any of the following: 12
‘‘(1) A State or a group of States. 13
‘‘(2) A metropolitan planning organization that 14
serves an urbanized area (as designated by the Bu-15
reau of the Census) with a population of over 16
200,000. 17
‘‘(3) A unit of local government or a group of 18
local governments. 19
‘‘(4) A political subdivision of a State or local 20
government. 21
‘‘(5) A special purpose district or public author-22
ity with a transportation function. 23
‘‘(6) A Federal land management agency. 24
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‘‘(7) A Tribal government or a consortium of 1
Tribal governments. 2
‘‘(8) A multistate or multijurisdictional group 3
of entities described in paragraphs (1) through (7). 4
‘‘(e) ELIGIBLE PROJECT REQUIREMENTS.—The Sec-5
retary may make a grant under the program only to an 6
eligible entity for an eligible project that— 7
‘‘(1) in the case of a large project, the Sec-8
retary recommends for funding in the annual report 9
on funding recommendations under subsection 10
(g)(6); 11
‘‘(2) is reasonably expected to begin construc-12
tion not later than 18 months after the date on 13
which funds are obligated for the project; and 14
‘‘(3) is based on the results of preliminary engi-15
neering. 16
‘‘(f) COMPETITIVE PROCESS AND EVALUATION OF 17
ELIGIBLE PROJECTS OTHER THAN LARGE PROJECTS.— 18
‘‘(1) COMPETITIVE PROCESS.— 19
‘‘(A) IN GENERAL.—The Secretary shall— 20
‘‘(i) for the first fiscal year for which 21
funds are made available for obligation 22
under the program, not later than 60 days 23
after the date on which the template under 24
subparagraph (B)(i) is developed, and in 25
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subsequent fiscal years, not later than 60 1
days after the date on which amounts are 2
made available for obligation under the 3
program, solicit grant applications for eli-4
gible projects other than large projects; 5
and 6
‘‘(ii) not later than 120 days after the 7
date on which the solicitation under clause 8
(i) expires, conduct evaluations under 9
paragraph (3). 10
‘‘(B) REQUIREMENTS.—In carrying out 11
subparagraph (A), the Secretary shall— 12
‘‘(i) develop a template for applicants 13
to use to summarize project needs and 14
benefits, including benefits described in 15
paragraph (3)(B)(i); and 16
‘‘(ii) enable applicants to use data 17
from the National Bridge Inventory under 18
section 144(b) to populate templates de-19
scribed in clause (i), as applicable. 20
‘‘(2) APPLICATIONS.—An eligible entity shall 21
submit to the Secretary an application at such time, 22
in such manner, and containing such information as 23
the Secretary may require. 24
‘‘(3) EVALUATION.— 25
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‘‘(A) IN GENERAL.—Prior to providing a 1
grant under this subsection, the Secretary 2
shall— 3
‘‘(i) conduct an evaluation of each eli-4
gible project for which an application is re-5
ceived under this subsection; and 6
‘‘(ii) assign a quality rating to the eli-7
gible project on the basis of the evaluation 8
under clause (i). 9
‘‘(B) REQUIREMENTS.—In carrying out an 10
evaluation under subparagraph (A), the Sec-11
retary shall— 12
‘‘(i) consider information on project 13
benefits submitted by the applicant using 14
the template developed under paragraph 15
(1)(B)(i), including whether the project 16
will generate, as determined by the Sec-17
retary— 18
‘‘(I) costs avoided by the preven-19
tion of closure or reduced use of the 20
bridge to be improved by the project; 21
‘‘(II) in the case of a bundle of 22
projects, benefits from executing the 23
projects as a bundle compared to as 24
individual projects; 25
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‘‘(III) safety benefits, including 1
the reduction of accidents and related 2
costs; 3
‘‘(IV) person and freight mobility 4
benefits, including congestion reduc-5
tion and reliability improvements; 6
‘‘(V) national or regional eco-7
nomic benefits; 8
‘‘(VI) benefits from long-term re-9
siliency to extreme weather events, 10
flooding, or other natural disasters; 11
‘‘(VII) benefits from protection 12
(as described in section 133(b)(10)), 13
including improving seismic or scour 14
protection; 15
‘‘(VIII) environmental benefits, 16
including wildlife connectivity; 17
‘‘(IX) benefits to nonvehicular 18
and public transportation users; 19
‘‘(X) benefits of using— 20
‘‘(aa) innovative design and 21
construction techniques; or 22
‘‘(bb) innovative tech-23
nologies; or 24
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‘‘(XI) reductions in maintenance 1
costs, including, in the case of a feder-2
ally-owned bridge, cost savings to the 3
Federal budget; and 4
‘‘(ii) consider whether and the extent 5
to which the benefits, including the bene-6
fits described in clause (i), are more likely 7
than not to outweigh the total project 8
costs. 9
‘‘(g) COMPETITIVE PROCESS, EVALUATION, AND AN-10
NUAL REPORT FOR LARGE PROJECTS.— 11
‘‘(1) IN GENERAL.—The Secretary shall estab-12
lish an annual date by which an eligible entity sub-13
mitting an application for a large project shall sub-14
mit to the Secretary such information as the Sec-15
retary may require, including information described 16
in paragraph (2), in order for a large project to be 17
considered for a recommendation by the Secretary 18
for funding in the next annual report under para-19
graph (6). 20
‘‘(2) INFORMATION REQUIRED.—The informa-21
tion referred to in paragraph (1) includes— 22
‘‘(A) all necessary information required for 23
the Secretary to evaluate the large project; and 24
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‘‘(B) information sufficient for the Sec-1
retary to determine that— 2
‘‘(i) the large project meets the appli-3
cable requirements under this section; and 4
‘‘(ii) there is a reasonable likelihood 5
that the large project will continue to meet 6
the requirements under this section. 7
‘‘(3) DETERMINATION; NOTICE.—On making a 8
determination that information submitted to the 9
Secretary under paragraph (1) is sufficient, the Sec-10
retary shall provide a written notice of that deter-11
mination to— 12
‘‘(A) the eligible entity that submitted the 13
application; 14
‘‘(B) the Committee on Environment and 15
Public Works of the Senate; and 16
‘‘(C) the Committee on Transportation and 17
Infrastructure of the House of Representatives. 18
‘‘(4) EVALUATION.—The Secretary may rec-19
ommend a large project for funding in the annual 20
report under paragraph (6) only if the Secretary 21
evaluates the proposed project and determines that 22
the project is justified because the project— 23
‘‘(A) addresses a need to improve the con-24
dition of the bridge, as determined by the Sec-25
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retary, consistent with the goals of the program 1
under subsection (b)(2); 2
‘‘(B) will generate, as determined by the 3
Secretary— 4
‘‘(i) costs avoided by the prevention of 5
closure or reduced use of the bridge to be 6
improved by the project; 7
‘‘(ii) in the case of a bundle of 8
projects, benefits from executing the 9
projects as a bundle compared to as indi-10
vidual projects; 11
‘‘(iii) safety benefits, including the re-12
duction of accidents and related costs; 13
‘‘(iv) person and freight mobility bene-14
fits, including congestion reduction and re-15
liability improvements; 16
‘‘(v) national or regional economic 17
benefits; 18
‘‘(vi) benefits from long-term resil-19
iency to extreme weather events, flooding, 20
or other natural disasters; 21
‘‘(vii) benefits from protection (as de-22
scribed in section 133(b)(10)), including 23
improving seismic or scour protection; 24
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‘‘(viii) environmental benefits, includ-1
ing wildlife connectivity; 2
‘‘(ix) benefits to nonvehicular and 3
public transportation users; 4
‘‘(x) benefits of using— 5
‘‘(I) innovative design and con-6
struction techniques; or 7
‘‘(II) innovative technologies; or 8
‘‘(xi) reductions in maintenance costs, 9
including, in the case of a federally-owned 10
bridge, cost savings to the Federal budget; 11
‘‘(C) is cost effective based on an analysis 12
of whether the benefits and avoided costs de-13
scribed in subparagraph (B) are expected to 14
outweigh the project costs; 15
‘‘(D) is supported by other Federal or non- 16
Federal financial commitments or revenues ade-17
quate to fund ongoing maintenance and preser-18
vation; and 19
‘‘(E) is consistent with the objectives of an 20
applicable asset management plan of the project 21
sponsor, including a State asset management 22
plan under section 119(e) in the case of a 23
project on the National Highway System that is 24
sponsored by a State. 25
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‘‘(5) RATINGS.— 1
‘‘(A) IN GENERAL.—The Secretary shall 2
develop a methodology to evaluate and rate a 3
large project on a 5-point scale (the points of 4
which include ‘high’, ‘medium-high’, ‘medium’, 5
‘medium-low’, and ‘low’) for each of— 6
‘‘(i) paragraph (4)(B); 7
‘‘(ii) paragraph (4)(C); and 8
‘‘(iii) paragraph (4)(D). 9
‘‘(B) REQUIREMENT.—To be considered 10
justified and receive a recommendation for 11
funding in the annual report under paragraph 12
(6), a project shall receive a rating of not less 13
than ‘medium’ for each rating required under 14
subparagraph (A). 15
‘‘(6) ANNUAL REPORT ON FUNDING REC-16
OMMENDATIONS FOR LARGE PROJECTS.— 17
‘‘(A) IN GENERAL.—Not later than the 18
first Monday in February of each year, the Sec-19
retary shall submit to the Committees on 20
Transportation and Infrastructure and Appro-21
priations of the House of Representatives and 22
the Committees on Environment and Public 23
Works and Appropriations of the Senate a re-24
port that includes— 25
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‘‘(i) a list of large projects that have 1
requested a recommendation for funding 2
under a new grant agreement from funds 3
anticipated to be available to carry out this 4
subsection in the next fiscal year; 5
‘‘(ii) the evaluation under paragraph 6
(4) and ratings under paragraph (5) for 7
each project referred to in clause (i); 8
‘‘(iii) the grant amounts that the Sec-9
retary recommends providing to large 10
projects in the next fiscal year, including— 11
‘‘(I) scheduled payments under 12
previously signed multiyear grant 13
agreements under subsection (j); 14
‘‘(II) payments for new grant 15
agreements, including single-year 16
grant agreements and multiyear grant 17
agreements; and 18
‘‘(III) a description of how 19
amounts anticipated to be available 20
for the program from the Highway 21
Trust Fund for that fiscal year will be 22
distributed; and 23
‘‘(iv) for each project for which the 24
Secretary recommends a new multiyear 25
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grant agreement under subsection (j), the 1
proposed payout schedule for the project. 2
‘‘(B) LIMITATIONS.— 3
‘‘(i) IN GENERAL.—The Secretary 4
shall not recommend in an annual report 5
under this paragraph a new multiyear 6
grant agreement provided from funds from 7
the Highway Trust Fund unless the Sec-8
retary determines that the project can be 9
completed using funds that are anticipated 10
to be available from the Highway Trust 11
Fund in future fiscal years. 12
‘‘(ii) GENERAL FUND PROJECTS.— 13
The Secretary— 14
‘‘(I) may recommend for funding 15
in an annual report under this para-16
graph a large project using funds 17
from the general fund of the Treas-18
ury; but 19
‘‘(II) shall not execute a grant 20
agreement for that project unless— 21
‘‘(aa) funds other than from 22
the Highway Trust Fund have 23
been made available for the 24
project; and 25
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‘‘(bb) the Secretary deter-1
mines that the project can be 2
completed using funds other than 3
from the Highway Trust Fund 4
that are anticipated to be avail-5
able in future fiscal years. 6
‘‘(C) CONSIDERATIONS.—In selecting 7
projects to recommend for funding in the an-8
nual report under this paragraph, the Secretary 9
shall— 10
‘‘(i) consider the amount of funds 11
available in future fiscal years for 12
multiyear grant agreements as described in 13
subparagraph (B); and 14
‘‘(ii) assume the availability of funds 15
in future fiscal years for multiyear grant 16
agreements that extend beyond the period 17
of authorization based on the amount 18
made available for large projects under the 19
program in the last fiscal year of the pe-20
riod of authorization. 21
‘‘(D) PROJECT DIVERSITY.—In selecting 22
projects to recommend for funding in the an-23
nual report under this paragraph, the Secretary 24
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shall ensure diversity among projects rec-1
ommended based on— 2
‘‘(i) the amount of the grant re-3
quested; and 4
‘‘(ii) grants for an eligible project for 5
1 bridge compared to an eligible project 6
that is a bundle of projects. 7
‘‘(h) ELIGIBLE PROJECT COSTS.—A grant received 8
for an eligible project under the program may be used 9
for— 10
‘‘(1) development phase activities, including 11
planning, feasibility analysis, revenue forecasting, 12
environmental review, preliminary engineering and 13
design work, and other preconstruction activities; 14
‘‘(2) construction, reconstruction, rehabilitation, 15
acquisition of real property (including land related 16
to the project and improvements to the land), envi-17
ronmental mitigation, construction contingencies, ac-18
quisition of equipment, and operational improve-19
ments directly related to improving system perform-20
ance; and 21
‘‘(3) expenses related to the protection (as de-22
scribed in section 133(b)(10)) of a bridge, including 23
seismic or scour protection. 24
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‘‘(i) TIFIA PROGRAM.—On the request of an eligible 1
entity carrying out an eligible project, the Secretary may 2
use amounts awarded to the entity to pay subsidy and ad-3
ministrative costs necessary to provide to the entity Fed-4
eral credit assistance under chapter 6 with respect to the 5
eligible project for which the grant was awarded. 6
‘‘(j) MULTIYEAR GRANT AGREEMENTS FOR LARGE 7
PROJECTS.— 8
‘‘(1) IN GENERAL.—A large project that re-9
ceives a grant under the program in an amount of 10
not less than $100,000,000 may be carried out 11
through a multiyear grant agreement in accordance 12
with this subsection. 13
‘‘(2) REQUIREMENTS.—A multiyear grant 14
agreement for a large project described in paragraph 15
(1) shall— 16
‘‘(A) establish the terms of participation by 17
the Federal Government in the project; 18
‘‘(B) establish the maximum amount of 19
Federal financial assistance for the project in 20
accordance with paragraphs (3) and (4) of sub-21
section (c); 22
‘‘(C) establish a payout schedule for the 23
project that provides for disbursement of the 24
full grant amount by not later than 4 fiscal 25
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years after the fiscal year in which the initial 1
amount is provided; 2
‘‘(D) determine the period of time for com-3
pleting the project, even if that period extends 4
beyond the period of an authorization; and 5
‘‘(E) attempt to improve timely and effi-6
cient management of the project, consistent 7
with all applicable Federal laws (including regu-8
lations). 9
‘‘(3) SPECIAL FINANCIAL RULES.— 10
‘‘(A) IN GENERAL.—A multiyear grant 11
agreement under this subsection— 12
‘‘(i) shall obligate an amount of avail-13
able budget authority specified in law; and 14
‘‘(ii) may include a commitment, con-15
tingent on amounts to be specified in law 16
in advance for commitments under this 17
paragraph, to obligate an additional 18
amount from future available budget au-19
thority specified in law. 20
‘‘(B) STATEMENT OF CONTINGENT COM-21
MITMENT.—The agreement shall state that the 22
contingent commitment is not an obligation of 23
the Federal Government. 24
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‘‘(C) INTEREST AND OTHER FINANCING 1
COSTS.— 2
‘‘(i) IN GENERAL.—Interest and other 3
financing costs of carrying out a part of 4
the project within a reasonable time shall 5
be considered a cost of carrying out the 6
project under a multiyear grant agreement, 7
except that eligible costs may not be more 8
than the cost of the most favorable financ-9
ing terms reasonably available for the 10
project at the time of borrowing. 11
‘‘(ii) CERTIFICATION.—The applicant 12
shall certify to the Secretary that the ap-13
plicant has shown reasonable diligence in 14
seeking the most favorable financing 15
terms. 16
‘‘(4) ADVANCE PAYMENT.—Notwithstanding 17
any other provision of law, an eligible entity carrying 18
out a large project under a multiyear grant agree-19
ment— 20
‘‘(A) may use funds made available to the 21
eligible entity under this title for eligible project 22
costs of the large project until the amount spec-23
ified in the multiyear grant agreement for the 24
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project for that fiscal year becomes available for 1
obligation; and 2
‘‘(B) if the eligible entity uses funds as de-3
scribed in subparagraph (A), the funds used 4
shall be reimbursed from the amount made 5
available under the multiyear grant agreement 6
for the project. 7
‘‘(k) UNDERTAKING PARTS OF PROJECTS IN AD-8
VANCE UNDER LETTERS OF NO PREJUDICE.— 9
‘‘(1) IN GENERAL.—The Secretary may pay to 10
an applicant all eligible project costs under the pro-11
gram, including costs for an activity for an eligible 12
project incurred prior to the date on which the 13
project receives funding under the program if— 14
‘‘(A) before the applicant carries out the 15
activity, the Secretary approves through a letter 16
to the applicant the activity in the same man-17
ner as the Secretary approves other activities as 18
eligible under the program; 19
‘‘(B) a record of decision, a finding of no 20
significant impact, or a categorical exclusion 21
under the National Environmental Policy Act of 22
1969 (42 U.S.C. 4321 et seq.) has been issued 23
for the eligible project; and 24
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‘‘(C) the activity is carried out without 1
Federal assistance and in accordance with all 2
applicable procedures and requirements. 3
‘‘(2) INTEREST AND OTHER FINANCING 4
COSTS.— 5
‘‘(A) IN GENERAL.—For purposes of para-6
graph (1), the cost of carrying out an activity 7
for an eligible project includes the amount of 8
interest and other financing costs, including 9
any interest earned and payable on bonds, to 10
the extent interest and other financing costs are 11
expended in carrying out the activity for the eli-12
gible project, except that interest and other fi-13
nancing costs may not be more than the cost of 14
the most favorable financing terms reasonably 15
available for the eligible project at the time of 16
borrowing. 17
‘‘(B) CERTIFICATION.—The applicant shall 18
certify to the Secretary that the applicant has 19
shown reasonable diligence in seeking the most 20
favorable financing terms under subparagraph 21
(A). 22
‘‘(3) NO OBLIGATION OR INFLUENCE ON REC-23
OMMENDATIONS.—An approval by the Secretary 24
under paragraph (1)(A) shall not— 25
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‘‘(A) constitute an obligation of the Fed-1
eral Government; or 2
‘‘(B) alter or influence any evaluation 3
under subsection (f)(3)(A)(i) or (g)(4) or any 4
recommendation by the Secretary for funding 5
under the program. 6
‘‘(l) FEDERALLY-OWNED BRIDGES.— 7
‘‘(1) DIVESTITURE CONSIDERATION.—In the 8
case of a bridge owned by a Federal land manage-9
ment agency for which that agency applies for a 10
grant under the program, the agency— 11
‘‘(A) shall consider options to divest the 12
bridge to a State or local entity after comple-13
tion of the project; and 14
‘‘(B) may apply jointly with the State or 15
local entity to which the bridge may be divested. 16
‘‘(2) TREATMENT.—Notwithstanding any other 17
provision of law, section 129 shall apply to a bridge 18
that was previously owned by a Federal land man-19
agement agency and has been transferred to a non- 20
Federal entity under paragraph (1) in the same 21
manner as if the bridge was never federally owned. 22
‘‘(m) CONGRESSIONAL NOTIFICATION.—Not later 23
than 30 days before making a grant for an eligible project 24
under the program, the Secretary shall submit to the Com-25
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mittee on Transportation and Infrastructure of the House 1
of Representatives and the Committee on Environment 2
and Public Works of the Senate a written notification of 3
the proposed grant that includes— 4
‘‘(1) an evaluation and justification for the eli-5
gible project; and 6
‘‘(2) the amount of the proposed grant. 7
‘‘(n) REPORTS.— 8
‘‘(1) ANNUAL REPORT.—Not later than August 9
1 of each fiscal year, the Secretary shall make avail-10
able on the website of the Department of Transpor-11
tation an annual report that lists each eligible 12
project for which a grant has been provided under 13
the program during the fiscal year. 14
‘‘(2) GAO ASSESSMENT AND REPORT.—Not 15
later than 3 years after the date of enactment of the 16
America’s Transportation Infrastructure Act of 17
2019, the Comptroller General of the United States 18
shall— 19
‘‘(A) conduct an assessment of the admin-20
istrative establishment, solicitation, selection, 21
and justification process with respect to the 22
funding of grants under the program; and 23
‘‘(B) submit to the Committee on Trans-24
portation and Infrastructure of the House of 25
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Representatives and the Committee on Environ-1
ment and Public Works of the Senate a report 2
that describes— 3
‘‘(i) the adequacy and fairness of the 4
process under which each eligible project 5
that received a grant under the program 6
was selected; and 7
‘‘(ii) the justification and criteria used 8
for the selection of each eligible project. 9
‘‘(o) LIMITATION.— 10
‘‘(1) LARGE PROJECTS.—Of the amounts made 11
available out of the Highway Trust Fund (other 12
than the Mass Transit Account) to carry out this 13
section for each of fiscal years 2021 through 2025, 14
not less than 50 percent, in aggregate, shall be used 15
for large projects. 16
‘‘(2) UNUTILIZED AMOUNTS.—If, in fiscal year 17
2025, the Secretary determines that grants under 18
the program will not allow for the requirement under 19
paragraph (1) to be met, the Secretary shall use the 20
unutilized amounts to make other grants under the 21
program during that fiscal year.’’. 22
(b) CLERICAL AMENDMENT.—The analysis for chap-23
ter 1 of title 23, United States Code, is amended by insert-24
ing after the item relating to section 123 the following: 25
‘‘124. Bridge investment program’’.
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SEC. 1120. SAFE ROUTES TO SCHOOL PROGRAM. 1
Section 1404 of SAFETEA–LU (23 U.S.C. 402 note; 2
Public Law 109–59) is amended— 3
(1) in subsection (a), by striking ‘‘primary and 4
middle’’ and inserting ‘‘primary, middle, and high’’; 5
and 6
(2) in subsection (k)(2)— 7
(A) in the heading, by striking ‘‘PRIMARY 8
AND MIDDLE’’ and inserting ‘‘PRIMARY, MID-9
DLE, AND HIGH’’; 10
(B) by striking ‘‘primary and middle’’ and 11
inserting ‘‘primary, middle, and high’’; and 12
(C) by striking ‘‘eighth grade’’ and insert-13
ing ‘‘12th grade’’. 14
SEC. 1121. HIGHWAY USE TAX EVASION PROJECTS. 15
Section 143(b)(2)(A) of title 23, United States Code, 16
is amended by striking ‘‘fiscal years 2016 through 2020’’ 17
and inserting ‘‘fiscal years 2021 through 2025’’. 18
SEC. 1122. CONSTRUCTION OF FERRY BOATS AND FERRY 19
TERMINAL FACILITIES. 20
Section 147 of title 23, United States Code, is 21
amended by striking subsection (h) and inserting the fol-22
lowing: 23
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 24
is authorized to be appropriated out of the Highway Trust 25
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Fund (other than the Mass Transit Account) to carry out 1
this section— 2
‘‘(1) $86,000,000 for fiscal year 2021; 3
‘‘(2) $87,000,000 for fiscal year 2022; 4
‘‘(3) $88,000,000 for fiscal year 2023; 5
‘‘(4) $89,000,000 for fiscal year 2024; and 6
‘‘(5) $90,000,000 for fiscal year 2025.’’. 7
SEC. 1123. BALANCE EXCHANGES FOR INFRASTRUCTURE 8
PROGRAM. 9
(a) IN GENERAL.—Chapter 1 of title 23, United 10
States Code, is amended by adding at the end the fol-11
lowing: 12
‘‘§ 171. Balance exchanges for infrastructure program 13
‘‘(a) DEFINITIONS.—In this section: 14
‘‘(1) ADMINISTRATIVELY ALLOCATED.—The 15
term ‘administratively allocated’ means the alloca-16
tion by the Secretary of budget authority for a 17
project under the TIFIA program that occurs 18
when— 19
‘‘(A) a potential applicant has been invited 20
into the creditworthiness phase for a project 21
under the TIFIA program; or 22
‘‘(B) the project is subject to a master 23
credit agreement (as defined in section 601(a)), 24
in accordance with section 602(b)(2). 25
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‘‘(2) APPALACHIAN STATE.—The term ‘Appa-1
lachian State’ means a State that contains 1 or 2
more counties in the Appalachian region (as defined 3
in section 14102(a) of title 40). 4
‘‘(3) PROGRAM.—The term ‘program’ means 5
the Balance Exchanges for Infrastructure Program 6
established under subsection (b). 7
‘‘(4) TIFIA CARRYOVER BALANCE.— 8
‘‘(A) IN GENERAL.—The term ‘TIFIA car-9
ryover balance’ means the amounts made avail-10
able for the TIFIA program for previous fiscal 11
years that are unobligated and have not been 12
administratively allocated. 13
‘‘(B) INCLUSION.—The term ‘TIFIA car-14
ryover balance’ includes— 15
‘‘(i) the applicable amount of contract 16
authority for the amounts described in 17
subparagraph (A); and 18
‘‘(ii) the equivalent amount of obliga-19
tion limitation for the fiscal year in which 20
the Secretary makes a transfer under sub-21
section (f)(2). 22
‘‘(5) TIFIA PROGRAM.—The term ‘TIFIA pro-23
gram’ has the meaning given the term in section 24
601(a). 25
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‘‘(b) ESTABLISHMENT.—The Secretary shall estab-1
lish a program, to be known as the ‘Balance Exchanges 2
for Infrastructure Program’, in accordance with this sec-3
tion to provide flexibility for the Secretary and States to 4
improve highway infrastructure. 5
‘‘(c) OFFER TO FUND PROJECTS OR EXCHANGE 6
FUNDS.— 7
‘‘(1) SOLICITATION.—For each fiscal year for 8
which an amount is reserved under subsection (f)(1), 9
the Secretary shall— 10
‘‘(A) not later than December 1 of that fis-11
cal year— 12
‘‘(i) solicit requests from Appalachian 13
States to return amounts under subsection 14
(d)(1)(A); and 15
‘‘(ii) solicit applications from Appa-16
lachian States for grants under subsection 17
(e); and 18
‘‘(B) require that, not later than 60 days 19
after the date of the solicitations under sub-20
paragraph (A), each Appalachian State that 21
elects to participate in the program shall submit 22
to the Secretary either— 23
‘‘(i) a request that describes the 24
amount that the Appalachian State re-25
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quests to return under subsection 1
(d)(1)(A); or 2
‘‘(ii) an application for a grant under 3
subsection (e). 4
‘‘(d) EXCHANGE AGREEMENTS.— 5
‘‘(1) IN GENERAL.—The Secretary shall enter 6
into an agreement with each Appalachian State that 7
submits a request under subsection (c)(1)(A)(i) 8
under which— 9
‘‘(A) the Appalachian State shall return to 10
the Secretary all, or at the discretion of the Ap-11
palachian State, a portion of, the unobligated 12
amounts from the Highway Trust Fund (in-13
cluding the applicable amount of contract au-14
thority and an equal amount of special no-year 15
obligation limitation associated with that con-16
tract authority) apportioned to the Appalachian 17
State for the Appalachian development highway 18
system under section 14501 of title 40 (but not 19
including any amounts made available by an ap-20
propriations Act without an initial authoriza-21
tion); and 22
‘‘(B) the Secretary shall transfer to the 23
Appalachian State, from amounts transferred to 24
the program under subsection (f)(2) for that 25
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fiscal year, an amount (including the applicable 1
amount of contract authority and an equal 2
amount of annual obligation limitation) equal to 3
the amount that the Appalachian State re-4
turned under subparagraph (A) that shall be 5
used to carry out projects described in para-6
graph (3). 7
‘‘(2) STATE LIMITATION.—The amount of con-8
tract authority returned by an Appalachian State 9
under paragraph (1)(A) may not exceed the amount 10
of the special no-year obligation limitation available 11
to the Appalachian State prior to the return of the 12
special no-year obligation limitation under that para-13
graph. 14
‘‘(3) ELIGIBLE PROJECTS.— 15
‘‘(A) IN GENERAL.—A project eligible to 16
be carried out using funds transferred to an 17
Appalachian State under paragraph (1)(B) is a 18
project described in section 133(b). 19
‘‘(B) FEDERAL SHARE.—The Federal 20
share of the cost of a project carried out using 21
funds transferred to an Appalachian State 22
under paragraph (1)(B) shall be up to 100 per-23
cent, at the discretion of the Appalachian State. 24
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‘‘(C) APPLICATION OF SECTION 133.—Ex-1
cept as otherwise provided in this paragraph, 2
section 133 shall not apply to a project carried 3
out using funds transferred to an Appalachian 4
State under paragraph (1)(B). 5
‘‘(4) TOTAL LIMITATION.—For each fiscal year, 6
the total amount exchanged under paragraph (1) 7
shall not exceed the amount available to be trans-8
ferred to the program under subsection (f). 9
‘‘(5) AMOUNTS EXCHANGED.—For each fiscal 10
year, if the total amount requested by all Appa-11
lachian States to return under paragraph (1)(A) is 12
greater than the amount available to be transferred 13
to the program under subsection (f), the Secretary 14
shall exchange amounts under paragraph (1) based 15
on the proportion that— 16
‘‘(A) the amount requested to be returned 17
for the fiscal year by the Appalachian State; 18
bears to 19
‘‘(B) the amount requested to be returned 20
for the fiscal year by all Appalachian States. 21
‘‘(e) APPALACHIAN DEVELOPMENT HIGHWAY SYS-22
TEM CORRIDOR GRANTS.— 23
‘‘(1) IN GENERAL.—Using amounts returned to 24
the Secretary under subsection (d)(1)(A), the Sec-25
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retary shall provide grants of contract authority, to 1
remain available until expended, and subject to spe-2
cial no-year obligation limitation, on a competitive 3
basis to Appalachian States for eligible projects de-4
scribed in paragraph (2). 5
‘‘(2) ELIGIBLE PROJECT.—A project eligible to 6
be carried out with a grant under this subsection is 7
a project that is— 8
‘‘(A) eligible under section 14501 of title 9
40 as of the date of enactment of this section; 10
and 11
‘‘(B) reasonably expected to begin con-12
struction by not later than 2 years after the 13
date of obligation of funds provided under this 14
subsection for the project. 15
‘‘(3) APPLICATION.—To be eligible to receive a 16
grant under this subsection, an Appalachian State 17
shall submit to the Secretary an application at such 18
time, in such manner, and containing such informa-19
tion as the Secretary may require. 20
‘‘(4) FEDERAL SHARE.—The Federal share of 21
the cost of a project carried out using a grant pro-22
vided under this subsection shall be up to 100 per-23
cent, at the discretion of the Appalachian State. 24
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‘‘(5) LIMITATION.—An Appalachian State that 1
enters into an agreement to exchange funds under 2
subsection (d) for any fiscal year shall not be eligible 3
to receive a grant under this subsection. 4
‘‘(f) TRANSFER FROM TIFIA PROGRAM.— 5
‘‘(1) IN GENERAL.—On October 1 of each fiscal 6
year, the Secretary shall reserve, for the purpose of 7
funding transfers under paragraph (2) until the 8
transfers are completed, the amount of TIFIA carry-9
over balance that exceeds the amount authorized to 10
carry out the TIFIA program for that fiscal year. 11
‘‘(2) TRANSFERS.—For each fiscal year, not 12
later than 60 days after the date on which the Sec-13
retary receives the responses to the solicitations 14
under subsection (c)(1) or the date on which the full 15
appropriation for that fiscal year is available, which-16
ever is later, the Secretary shall transfer from the 17
TIFIA program to the program an amount of con-18
tract authority and an equal amount of obligation 19
limitation, to remain available until expended, that is 20
equal to the lesser of— 21
‘‘(A) the total amount requested by all Ap-22
palachian States for the fiscal year under sub-23
section (c)(1)(B)(i); 24
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‘‘(B) the total amount requested by all Ap-1
palachian States for grants under subsection 2
(c)(1)(B)(ii); and 3
‘‘(C) the amount reserved under paragraph 4
(1).’’. 5
(b) CLERICAL AMENDMENT.—The analysis for chap-6
ter 1 of title 23, United States Code, is amended by insert-7
ing after the item relating to section 170 the following: 8
‘‘171. Balance exchanges for infrastructure program.’’.
SEC. 1124. SAFETY INCENTIVE PROGRAMS. 9
(a) IN GENERAL.— 10
(1) FORMULA SAFETY INCENTIVE PROGRAM.— 11
Chapter 1 of title 23, United States Code (as 12
amended by section 1123(a)), is amended by adding 13
at the end the following: 14
‘‘§ 172. Formula safety incentive program 15
‘‘(a) DEFINITIONS.—In this section: 16
‘‘(1) METROPOLITAN PLANNING ORGANIZATION; 17
URBANIZED AREA.—The terms ‘metropolitan plan-18
ning organization’ and ‘urbanized area’ have the 19
meaning given those terms in section 134(b). 20
‘‘(2) TRANSPORTATION MANAGEMENT AREA.— 21
The term ‘transportation management area’ means 22
a transportation management area identified or des-23
ignated by the Secretary under section 134(k)(1). 24
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‘‘(3) VULNERABLE ROAD USER.—The term 1
‘vulnerable road user’ means a nonmotorist (as that 2
term is used in the Fatality Analysis Reporting Sys-3
tem of the National Highway Traffic Safety Admin-4
istration). 5
‘‘(4) VULNERABLE ROAD USER SAFETY FOCUS 6
AREA.—The term ‘vulnerable road user safety focus 7
area’ means— 8
‘‘(A) an urbanized area with combined fa-9
tality rate of vulnerable road users that is 10
greater than 1.5 per 100,000 individuals; or 11
‘‘(B) a State in which fatalities of vulner-12
able road users combined represents not less 13
than 15 percent of the total annual crash fatali-14
ties in the State. 15
‘‘(b) FORMULA FUNDING AWARDS.— 16
‘‘(1) IN GENERAL.—For each fiscal year, the 17
Secretary shall distribute among the States the 18
amounts made available to carry out this section for 19
that fiscal year in accordance with paragraph (2). 20
‘‘(2) DISTRIBUTION.—The amount for each 21
State shall be determined by multiplying the total 22
amount of funding made available to carry out this 23
section for the applicable fiscal year by the ratio 24
that— 25
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‘‘(A) the total base apportionment for the 1
State under section 104(c); bears to 2
‘‘(B) the total base apportionments for all 3
States under section 104(c). 4
‘‘(c) SAFETY SUPPLEMENTAL.— 5
‘‘(1) IN GENERAL.—A State shall use 50 per-6
cent of the amount distributed to the State under 7
subsection (b) for each fiscal year to carry out the 8
eligible activities under paragraph (2). 9
‘‘(2) ELIGIBLE ACTIVITIES.— 10
‘‘(A) STATES.—Subject to paragraph 11
(4)(A), a State shall use the funds under para-12
graph (1) for a highway safety improvement 13
project or strategy included on the State stra-14
tegic highway safety plan (as defined in section 15
148(a)) of the State. 16
‘‘(B) MPOS.—Subject to paragraph 17
(4)(B), a metropolitan planning organization 18
that is required to obligate funds under sub-19
section (e) shall use the funds under paragraph 20
(1) for a highway safety improvement project 21
(as defined in section 148(a)). 22
‘‘(3) FEDERAL SHARE.—The Federal share of 23
the cost of a project carried out with funds under 24
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paragraph (1) shall be determined in accordance 1
with section 120. 2
‘‘(4) LIMITATION ON FLEXIBILITY.— 3
‘‘(A) STATES.—Notwithstanding para-4
graph (2)(A), a State that is a vulnerable road 5
user safety focus area shall use the funds under 6
paragraph (1) for a highway safety improve-7
ment project (as defined in section 148(a)) to 8
improve the safety of vulnerable road users, re-9
gardless of whether the project is included on 10
the State strategic highway safety plan (as de-11
fined in section 148(a)) of the State. 12
‘‘(B) MPOS.—Notwithstanding paragraph 13
(2)(B), a metropolitan planning organization 14
that is required to obligate funds under sub-15
section (e) that contains an area designated as 16
a vulnerable road user safety focus area shall 17
use the funds under paragraph (1) for a high-18
way safety improvement project (as defined in 19
section 148(a)) to improve the safety of vulner-20
able road users. 21
‘‘(d) SAFETY PLANNING INCENTIVE.— 22
‘‘(1) VULNERABLE ROAD USER SAFETY ASSESS-23
MENTS.— 24
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‘‘(A) IN GENERAL.—A State may, in con-1
sultation with metropolitan planning organiza-2
tions within the State, develop and publish a 3
State vulnerable road user safety assessment 4
described in subparagraph (B). 5
‘‘(B) STATE VULNERABLE ROAD USER 6
SAFETY ASSESSMENT DESCRIBED.—A vulner-7
able road user safety assessment referred to in 8
subparagraph (A) is an assessment of the safe-9
ty performance of the State with respect to vul-10
nerable road users and the plan of the State, 11
developed in consultation with the metropolitan 12
planning organizations within the State, if any, 13
to improve the safety of vulnerable road users, 14
which shall— 15
‘‘(i) include the approximate location 16
within the State of each vulnerable road 17
user fatality during the most recently re-18
ported 2-year period of final data from the 19
Fatality Analysis Reporting System of the 20
National Highway Traffic Safety Adminis-21
tration and the operating speed of the 22
roadway at that location; 23
‘‘(ii) include the corridors within the 24
State on which a vulnerable road user fa-25
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tality has occurred during the most re-1
cently reported 2-year period of final data 2
from the Fatality Analysis Reporting Sys-3
tem of the National Highway Traffic Safe-4
ty Administration and the operating speeds 5
of those corridors; 6
‘‘(iii) include a list of projects within 7
the State that primarily address the safety 8
of vulnerable road users that— 9
‘‘(I) have been completed during 10
the 2 most recent fiscal years prior to 11
date of the publication of the vulner-12
able road user safety assessment, in-13
cluding the amount of funding that 14
has been dedicated to those projects, 15
described in total amounts and as a 16
percentage of total capital expendi-17
tures; 18
‘‘(II) are planned to be completed 19
during the 2 fiscal years following the 20
date of the publication of the vulner-21
able road user assessment, including 22
the amount of funding that the State 23
plans to be dedicated to those 24
projects, described in total amounts 25
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and as a percentage of total capital 1
expenditures; and 2
‘‘(III) have the potential to be in-3
cluded on the list described in sub-4
clause (II) once the permitting and 5
approval processes for those projects 6
are complete, including the reason for 7
the delay in the completion of those 8
processes, if any; and 9
‘‘(iv) be reviewed and certified by the 10
Secretary to have met the requirements of 11
this subparagraph. 12
‘‘(2) ACCELERATION OF SAFETY PROJECT DE-13
LIVERY.—For each project identified by a State 14
under paragraph (1)(B)(iii)(III), to the maximum 15
extent practicable, the Secretary, in consultation 16
with the State, shall use the authority under section 17
1420 of the FAST Act (23 U.S.C. 101 note; Public 18
Law 114–94) to accelerate delivery of the project. 19
‘‘(3) SAFETY PLAN INCENTIVE.—A State shall 20
use 50 percent of the amounts made available to the 21
State under subsection (b) for each fiscal year to 22
carry out eligible activities under paragraph (4). 23
‘‘(4) ELIGIBLE ACTIVITIES.— 24
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‘‘(A) IN GENERAL.—A State and any met-1
ropolitan planning organization in the State 2
that is required to obligate funds under sub-3
section (e) may use funds under paragraph (3) 4
for a project or strategy described in subsection 5
(b)(2). 6
‘‘(B) ADDITIONAL ELIGIBILITY INCEN-7
TIVE.—In addition to the eligible activities 8
under subparagraph (A), a State and any met-9
ropolitan planning organization in the State 10
that is required to obligate funds under sub-11
section (e) may use the funds under paragraph 12
(3) for a project eligible under section 133(b) 13
if— 14
‘‘(i) the State has, within the fiscal 15
year prior to the fiscal year in which the 16
Secretary is making the grant or by a 17
deadline established by the Secretary in 18
the fiscal year in which the Secretary is 19
making the grant, conducted and published 20
a vulnerable road user safety assessment 21
described in paragraph (1)(B) that has 22
been approved by the Secretary under 23
clause (iv) of that paragraph; or 24
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‘‘(ii) for a State that has previously 1
published a vulnerable road user safety as-2
sessment described in paragraph (1)(B) 3
that has been approved by the Secretary 4
under clause (iv) of that paragraph— 5
‘‘(I) the State has, within the fis-6
cal year prior to the fiscal year in 7
which the Secretary is making the 8
grant or by a deadline established by 9
the Secretary in the fiscal year in 10
which the Secretary is making the 11
grant, updated the estimates de-12
scribed in clauses (i) and (ii) of para-13
graph (1)(B); and 14
‘‘(II) the State and the metro-15
politan planning organization have, 16
within the 4 fiscal years prior to the 17
fiscal year in which the Secretary is 18
making the grant or by a deadline es-19
tablished by the Secretary in the fiscal 20
year in which the Secretary is making 21
the grant, incorporated a vulnerable 22
road user safety assessment described 23
in paragraph (1)(B) into— 24
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‘‘(aa) a long-range transpor-1
tation plan developed by the met-2
ropolitan planning organization 3
under section 134(c), if any; and 4
‘‘(bb) the long-range state-5
wide transportation plan devel-6
oped by the State under section 7
135(f)(1). 8
‘‘(5) FEDERAL SHARE.—The Federal share of 9
the cost of a project carried out using funds under 10
paragraph (3)— 11
‘‘(A) in the case of a State or metropolitan 12
planning organization within a State that meets 13
the requirements under paragraph (4)(B), may 14
be up to 100 percent, at the discretion of the 15
State; and 16
‘‘(B) in the case of a State or metropolitan 17
planning organization within a State that is not 18
described in subparagraph (A), shall be deter-19
mined in accordance with section 120. 20
‘‘(e) SUBALLOCATION REQUIREMENTS.— 21
‘‘(1) IN GENERAL.—For each fiscal year, of the 22
funds made available to a State under subsections 23
(c) and (d)— 24
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‘‘(A) 65 percent of each amount shall be 1
obligated, in proportion to their relative shares 2
of the population of the State— 3
‘‘(i) in urbanized areas of the State 4
with an urbanized area population of over 5
200,000; and 6
‘‘(ii) in other areas of the State; and 7
‘‘(B) the remainder may be obligated in 8
any area of the State. 9
‘‘(2) METROPOLITAN AREAS.—Funds attributed 10
to an urbanized area under paragraph (1)(A)(i) may 11
be obligated in the metropolitan area established 12
under section 134 that encompasses the urbanized 13
area. 14
‘‘(3) DISTRIBUTION AMONG URBANIZED AREAS 15
OF OVER 200,000 POPULATION.— 16
‘‘(A) IN GENERAL.—Except as provided in 17
subparagraph (B), the amount that a State is 18
required to obligate under paragraph (1)(A)(i) 19
shall be obligated in urbanized areas described 20
in paragraph (1)(A)(i) based on the relative 21
population of the areas. 22
‘‘(B) OTHER FACTORS.—The State may 23
obligate the funds described in subparagraph 24
(A) based on other factors if— 25
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‘‘(i) the State and the relevant metro-1
politan planning organizations jointly apply 2
to the Secretary for the permission to base 3
the obligation on other factors; and 4
‘‘(ii) the Secretary grants the request. 5
‘‘(4) CONSULTATION IN URBANIZED AREAS.— 6
Before obligating funds for an activity under sub-7
sections (c) or (d) in an urbanized area that is not 8
a transportation management area, a State shall 9
consult with any metropolitan planning organization 10
that represents the urbanized area prior to deter-11
mining which activities should be carried out. 12
‘‘(5) CONSULTATION IN RURAL AREAS.—Before 13
obligating funds for an eligible activity under sub-14
sections (c) and (d) in a rural area, a State shall 15
consult with any regional transportation planning 16
organization or metropolitan planning organization 17
that represents a rural area of the State prior to de-18
termining which activities should be carried out. 19
‘‘§ 173. Fatality reduction performance program 20
‘‘(a) DEFINITIONS.—In this section: 21
‘‘(1) METROPOLITAN PLANNING ORGANIZATION; 22
URBANIZED AREA.—The terms ‘metropolitan plan-23
ning organization’ and ‘urbanized area’ have the 24
meaning given those terms in section 134(b). 25
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‘‘(2) QUALIFYING STATE.—The term ‘qualifying 1
State’ means a State in which— 2
‘‘(A) the average fatality and serious in-3
jury rates per 100,000,000 vehicle-miles-trav-4
eled within the State during the 3-year period 5
beginning on January 1 of the fiscal year that 6
was 3 years prior to the fiscal year in which the 7
Secretary is making the grant under this sec-8
tion has grown more slowly or declined, as com-9
pared to the average fatality and serious injury 10
rates per 100,000,000 vehicle-miles-traveled 11
within the State during the 3-year period begin-12
ning on January 1 of the fiscal year that was 13
6 years prior to the fiscal year in which the 14
Secretary is making the grant under this sec-15
tion; 16
‘‘(B) the average annual number of serious 17
injuries and fatalities within the State, as meas-18
ured on a per capita basis, during the 3-year 19
period beginning on January 1 of the fiscal 20
year that was 3 years prior to the fiscal year 21
in which the Secretary is making the grant 22
under this section has grown more slowly or de-23
clined, as compared to the average annual num-24
ber of serious injuries and fatalities within the 25
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State, as measured on a per capita basis, dur-1
ing the 3-year period beginning on January 1 2
of the fiscal year that was 6 years prior to the 3
fiscal year in which the Secretary is making the 4
grant under this section; 5
‘‘(C) the average annual number of fatali-6
ties within the State, as measured on a per cap-7
ita basis, during the 3-year period beginning on 8
January 1 of the fiscal year that was 3 years 9
prior to the fiscal year in which the Secretary 10
is making the grant under this section is less 11
than 1⁄2 of the nationwide average annual per 12
capita number of fatalities during that period; 13
or 14
‘‘(D)(i) the performance targets set by the 15
State under subsection (d)(1) of section 150, in 16
accordance with subsection (c)(4) of that sec-17
tion, in the most recently completed perform-18
ance cycle prior to the year in which the Sec-19
retary is making the funds available under this 20
section demonstrate a reduction in the number 21
and rate of serious injuries and fatalities; and 22
‘‘(ii) the State has met or exceeded the 23
performance targets described in clause (i). 24
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‘‘(3) QUALIFYING UNIT OF LOCAL GOVERN-1
MENT.—The term ‘qualifying unit of local govern-2
ment’ means a unit of local government in an urban-3
ized area served by a metropolitan planning organi-4
zation in which— 5
‘‘(A) the average fatality and serious in-6
jury rates per 100,000,000 vehicle-miles-trav-7
eled within the urbanized area during the 3- 8
year period beginning on January 1 of the fis-9
cal year that was 3 years prior to the fiscal 10
year in which the Secretary is making the grant 11
under this section has grown more slowly or de-12
clined, as compared to the average fatality and 13
serious injury rates per 100,000,000 vehicle- 14
miles-traveled within the urbanized area during 15
the 3-year period beginning on January 1 of 16
the fiscal year that was 6 years prior to the fis-17
cal year in which the Secretary is making the 18
grant under this section; 19
‘‘(B) the average annual number of serious 20
injuries and fatalities within the urbanized 21
area, as measured on a per capita basis, during 22
the 3-year period beginning on January 1 of 23
the fiscal year that was 3 years prior to the fis-24
cal year in which the Secretary is making the 25
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grant under this section has grown more slowly 1
or declined, as compared to the average annual 2
per capita number of serious injuries and fatali-3
ties within the urbanized area during the 3-year 4
period beginning on January 1 of the fiscal 5
year that was 6 years prior to the fiscal year 6
in which the Secretary is making the grant 7
under this section; 8
‘‘(C) the average annual number of fatali-9
ties within the urbanized area, as measured on 10
a per capita basis, during the 3-year period be-11
ginning on January 1 of the fiscal year that 12
was 3 years prior to the fiscal year in which the 13
Secretary is making the grant under this sec-14
tion is less than 1⁄2 of the nationwide average 15
annual per capita number of fatalities during 16
that period; or 17
‘‘(D)(i) the performance targets set for the 18
urbanized area under section 150(c)(4), in ac-19
cordance with section 134(h)(2)(B)(i), in the 20
most recently completed performance cycle prior 21
to the year in which the Secretary is making 22
the grant under this section demonstrate a re-23
duction in the number and rate of serious inju-24
ries and fatalities; and 25
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‘‘(ii) the urbanized area has met or exceed-1
ed the performance targets described in clause 2
(i). 3
‘‘(4) SERIOUS INJURIES AND FATALITIES.—The 4
term ‘serious injuries and fatalities’ means serious 5
injuries and fatalities, as measured in accordance 6
with the measures established under section 7
150(c)(4). 8
‘‘(b) FATALITY REDUCTION PERFORMANCE AND 9
PLANNING RECOGNITION AWARDS.— 10
‘‘(1) IN GENERAL.—The Secretary shall estab-11
lish a competitive grant program to award grants to 12
eligible entities in recognition of the achievement of 13
the eligible entity in meeting the performance cat-14
egories described in paragraph (3)(A). 15
‘‘(2) ELIGIBLE ENTITIES.—The Secretary shall 16
distribute amounts under paragraph (1) to any of 17
the following: 18
‘‘(A) A qualifying State. 19
‘‘(B) A qualifying unit of local government. 20
‘‘(3) PERFORMANCE CATEGORIES.— 21
‘‘(A) IN GENERAL.—The Secretary shall 22
select eligible entities to receive a grant under 23
paragraph (1) to recognize the achievement of 24
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the eligible entity in meeting any of the fol-1
lowing performance categories: 2
‘‘(i) Significant progress in reducing 3
serious injuries and fatalities, as measured 4
on a per capita basis. 5
‘‘(ii) Significant progress in reducing 6
the rates of serious injuries and fatalities 7
per vehicle-mile traveled. 8
‘‘(iii) Having a per capita number of 9
serious injuries and fatalities that is 10
among the lowest of jurisdictions with 11
comparable population and surface trans-12
portation system characteristics. 13
‘‘(iv) Having a per vehicle-mile trav-14
eled number of serious injuries and fatali-15
ties that is among the lowest of jurisdic-16
tions with comparable population and sur-17
face transportation system characteristics. 18
‘‘(v) Innovative safety planning efforts 19
and implementation of plans leading to 20
achievement with respect to the reduction 21
of serious injuries and fatalities. 22
‘‘(B) MERIT BASED DISTRIBUTION.—In se-23
lecting among eligible entities to receive grants 24
under paragraph (1) and the amounts of each 25
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of those grants, the Secretary shall give priority 1
to eligible entities that have achieved the most 2
significant levels of reduction in serious injuries 3
and fatalities, as measured either on a per cap-4
ita basis or per-vehicle mile traveled basis. 5
‘‘(C) MULTIPLE AWARDS.—The Secretary 6
may— 7
‘‘(i) award a grant under paragraph 8
(1) to multiple eligible entities for each 9
performance category described in sub-10
paragraph (A); and 11
‘‘(ii) recognize achievements in each 12
performance category described in sub-13
paragraph (A)— 14
‘‘(I) in urban and rural areas; 15
and 16
‘‘(II) on the State and local level. 17
‘‘(D) REPEAT AWARDS.—The Secretary 18
may not award a grant under this subsection to 19
the same eligible entity more than once during 20
a 2-year period. 21
‘‘(4) AWARD AMOUNT.—A grant under para-22
graph (1) shall be in an amount— 23
‘‘(A) not less than $5,000,000; and 24
‘‘(B) not more than $30,000,000. 25
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‘‘(5) ELIGIBLE USES.—An eligible entity may 1
use a grant under paragraph (1) for— 2
‘‘(A) an activity eligible under this title; or 3
‘‘(B) a project— 4
‘‘(i) to maintain the condition of a 5
Federal-aid highway, including routine 6
maintenance; or 7
‘‘(ii) that— 8
‘‘(I) responds to a specific condi-9
tion or event; and 10
‘‘(II) restores a Federal-aid high-11
way to a functional state of oper-12
ations. 13
‘‘(6) APPLICATIONS.—To be eligible to receive a 14
grant under paragraph (1), an eligible entity shall 15
submit to the Secretary an application at such time, 16
in such manner, and containing such information as 17
the Secretary may require. 18
‘‘(7) FEDERAL SHARE.—The Federal share of 19
the cost of a project carried out using a grant under 20
paragraph (1) shall be, as determined at the discre-21
tion of the grant recipient, up to 100 percent.’’. 22
(2) CLERICAL AMENDMENT.—The analysis for 23
chapter 1 of title 23, United States Code (as amend-24
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ed by section 1123(b)), is amended by inserting 1
after the item relating to section 171 the following: 2
‘‘172. Formula safety incentive program.
‘‘173. Fatality reduction performance program.’’.
(b) VULNERABLE ROAD USER RESEARCH PLAN.— 3
(1) DEFINITIONS.—In this subsection: 4
(A) ADMINISTRATOR.—The term ‘‘Admin-5
istrator’’ means the Secretary of Transpor-6
tation, acting through the Administrator of the 7
Federal Highway Administration. 8
(B) VULNERABLE ROAD USER.—The term 9
‘‘vulnerable road user’’ has the meaning given 10
the term in section 172(a) of title 23, United 11
States Code. 12
(2) ESTABLISHMENT OF RESEARCH PLAN.— 13
The Administrator shall establish a research plan to 14
prioritize research on roadway designs, the develop-15
ment of safety countermeasures to minimize fatali-16
ties and serious injuries to vulnerable road users, 17
and the promotion of bicycling and walking, includ-18
ing research relating to— 19
(A) roadway safety improvements, includ-20
ing traffic calming techniques and vulnerable 21
road user accommodations appropriate in a sub-22
urban arterial context; 23
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(B) the impacts of traffic speeds, and ac-1
cess to low-traffic stress corridors, on safety 2
and rates of bicycling and walking; 3
(C) tools to evaluate the impact of trans-4
portation improvements on projected rates and 5
safety of bicycling and walking; and 6
(D) other research areas to be determined 7
by the Administrator. 8
(3) VULNERABLE ROAD USER ASSESSMENTS.— 9
The Administrator shall— 10
(A) review each vulnerable road user safety 11
assessment submitted by a State under section 12
172(c) of title 23, United States Code, and 13
other relevant sources of data to determine 14
what, if any, standard definitions and methods 15
should be developed through guidance to enable 16
a State to collect pedestrian injury and fatality 17
data; and 18
(B) in the first progress update under 19
paragraph (4)(B), provide— 20
(i) the results of the determination de-21
scribed in subparagraph (A); and 22
(ii) the recommendations of the Sec-23
retary with respect to the collection and re-24
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porting of data on the safety of vulnerable 1
road users. 2
(4) SUBMISSION; PUBLICATION.— 3
(A) SUBMISSION OF PLAN.—Not later than 4
180 days after the date of enactment of this 5
Act, the Administrator shall submit to the Com-6
mittee on Environment and Public Works of the 7
Senate and the Committee on Transportation 8
and Infrastructure of the House of Representa-9
tives the research plan described in paragraph 10
(2). 11
(B) PROGRESS UPDATES.—Not later than 12
2 years after the date of enactment of this Act, 13
and biannually thereafter, the Administrator 14
shall submit to the Committees described in 15
subparagraph (A)— 16
(i) updates on the progress and find-17
ings of the research conducted pursuant to 18
the plan described in paragraph (2); and 19
(ii) in the first submission under this 20
subparagraph, the results and rec-21
ommendations described in paragraph 22
(3)(B). 23
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SEC. 1125. WILDLIFE CROSSING SAFETY. 1
(a) DECLARATION OF POLICY.—Section 2
101(b)(3)(D) of title 23, United States Code, is amended, 3
in the matter preceding clause (i), by inserting ‘‘resilient,’’ 4
after ‘‘efficient,’’. 5
(b) WILDLIFE CROSSINGS PILOT PROGRAM.— 6
(1) IN GENERAL.—Chapter 1 of title 23, United 7
States Code (as amended by section 1124(a)(1)), is 8
amended by adding at the end the following: 9
‘‘§ 174. Wildlife crossings pilot program 10
‘‘(a) FINDING.—Congress finds that greater adoption 11
of wildlife-vehicle collision safety countermeasures is in the 12
public interest because— 13
‘‘(1) according to the report of the Federal 14
Highway Administration entitled ‘Wildlife-Vehicle 15
Collision Reduction Study’, there are more than 16
1,000,000 wildlife-vehicle collisions every year; 17
‘‘(2) wildlife-vehicle collisions— 18
‘‘(A) present a danger to— 19
‘‘(i) human safety; and 20
‘‘(ii) wildlife survival; and 21
‘‘(B) represent a persistent concern that 22
results in tens of thousands of serious injuries 23
and hundreds of fatalities on the roadways of 24
the United States; and 25
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‘‘(3) the total annual cost associated with wild-1
life-vehicle collisions has been estimated to be 2
$8,388,000,000; and 3
‘‘(4) wildlife-vehicle collisions are a major 4
threat to the survival of species, including birds, rep-5
tiles, mammals, and amphibians. 6
‘‘(b) ESTABLISHMENT.—The Secretary shall estab-7
lish a competitive wildlife crossings pilot program (re-8
ferred to in this section as the ‘pilot program’) to provide 9
grants for projects that seek to achieve— 10
‘‘(1) a reduction in the number of wildlife-vehi-11
cle collisions; and 12
‘‘(2) in carrying out the purpose described in 13
paragraph (1), improved habitat connectivity for ter-14
restrial and aquatic species. 15
‘‘(c) ELIGIBLE ENTITIES.—An entity eligible to apply 16
for a grant under the pilot program is— 17
‘‘(1) a State highway agency, or an equivalent 18
of that agency; 19
‘‘(2) a metropolitan planning organization (as 20
defined in section 134(b)); 21
‘‘(3) a unit of local government; 22
‘‘(4) a regional transportation authority; 23
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‘‘(5) a special purpose district or public author-1
ity with a transportation function, including a port 2
authority; 3
‘‘(6) an Indian tribe (as defined in section 4
207(m)(1)), including a Native village and a Native 5
Corporation (as those terms are defined in section 3 6
of the Alaska Native Claims Settlement Act (43 7
U.S.C. 1602)); 8
‘‘(7) a Federal land management agency; or 9
‘‘(8) a group of any of the entities described in 10
paragraphs (1) through (7). 11
‘‘(d) APPLICATIONS.— 12
‘‘(1) IN GENERAL.—To be eligible to receive a 13
grant under the pilot program, an eligible entity 14
shall submit to the Secretary an application at such 15
time, in such manner, and containing such informa-16
tion as the Secretary may require. 17
‘‘(2) REQUIREMENT.—If an application under 18
paragraph (1) is submitted by an eligible entity 19
other than an eligible entity described in paragraph 20
(1) or (7) of subsection (c), the application shall in-21
clude documentation that the State highway agency, 22
or an equivalent of that agency, of the State in 23
which the eligible entity is located was consulted 24
during the development of the application. 25
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‘‘(3) GUIDANCE.—To enhance consideration of 1
current and reliable data, eligible entities may obtain 2
guidance from an agency in the State with jurisdic-3
tion over fish and wildlife. 4
‘‘(e) CONSIDERATIONS.—In selecting grant recipients 5
under the pilot program, the Secretary shall take into con-6
sideration the following: 7
‘‘(1) Primarily, the extent to which the pro-8
posed project of an eligible entity is likely to protect 9
motorists and wildlife by reducing the number of 10
wildlife-vehicle collisions and improve habitat 11
connectivity for terrestrial and aquatic species. 12
‘‘(2) Secondarily, the extent to which the pro-13
posed project of an eligible entity is likely to accom-14
plish the following: 15
‘‘(A) Leveraging Federal investment by en-16
couraging non-Federal contributions to the 17
project, including projects from public-private 18
partnerships. 19
‘‘(B) Supporting local economic develop-20
ment and improvement of visitation opportuni-21
ties. 22
‘‘(C) Incorporation of innovative tech-23
nologies, including advanced design techniques 24
and other strategies to enhance efficiency and 25
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effectiveness in reducing wildlife-vehicle colli-1
sions and improving habitat connectivity for 2
terrestrial and aquatic species. 3
‘‘(D) Provision of educational and outreach 4
opportunities. 5
‘‘(E) Monitoring and research to evaluate, 6
compare effectiveness of, and identify best prac-7
tices in, selected projects. 8
‘‘(F) Any other criteria relevant to reduc-9
ing the number of wildlife-vehicle collisions and 10
improving habitat connectivity for terrestrial 11
and aquatic species, as the Secretary deter-12
mines to be appropriate, subject to the condi-13
tion that the implementation of the pilot pro-14
gram shall not be delayed in the absence of ac-15
tion by the Secretary to identify additional cri-16
teria under this subparagraph. 17
‘‘(f) USE OF FUNDS.— 18
‘‘(1) IN GENERAL.—The Secretary shall ensure 19
that a grant received under the pilot program is 20
used for a project to reduce wildlife-vehicle collisions. 21
‘‘(2) GRANT ADMINISTRATION.— 22
‘‘(A) IN GENERAL.—A grant received 23
under the pilot program shall be administered 24
by— 25
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‘‘(i) in the case of a grant to a Fed-1
eral land management agency or an Indian 2
tribe (as defined in section 207(m)(1)), in-3
cluding a Native village and a Native Cor-4
poration (as those terms are defined in 5
section 3 of the Alaska Native Claims Set-6
tlement Act (43 U.S.C. 1602)), the Fed-7
eral Highway Administration, through an 8
agreement; and 9
‘‘(ii) in the case of a grant to an eligi-10
ble entity other than an eligible entity de-11
scribed in clause (i), the State highway 12
agency, or an equivalent of that agency, 13
for the State in which the project is to be 14
carried out. 15
‘‘(B) PARTNERSHIPS.— 16
‘‘(i) IN GENERAL.—A grant received 17
under the pilot program may be used to 18
provide funds to eligible partners of the 19
project for which the grant was received 20
described in clause (ii), in accordance with 21
the terms of the project agreement. 22
‘‘(ii) ELIGIBLE PARTNERS DE-23
SCRIBED.—The eligible partners referred 24
to in clause (i) include— 25
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‘‘(I) a metropolitan planning or-1
ganization (as defined in section 2
134(b)); 3
‘‘(II) a unit of local government; 4
‘‘(III) a regional transportation 5
authority; 6
‘‘(IV) a special purpose district 7
or public authority with a transpor-8
tation function, including a port au-9
thority; 10
‘‘(V) an Indian tribe (as defined 11
in section 207(m)(1)), including a Na-12
tive village and a Native Corporation 13
(as those terms are defined in section 14
3 of the Alaska Native Claims Settle-15
ment Act (43 U.S.C. 1602)); 16
‘‘(VI) a Federal land manage-17
ment agency; 18
‘‘(VII) a foundation, nongovern-19
mental organization, or institution of 20
higher education; 21
‘‘(VIII) a Federal, Tribal, re-22
gional, or State government entity; 23
and 24
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‘‘(IX) a group of any of the enti-1
ties described in subclauses (I) 2
through (VIII). 3
‘‘(3) COMPLIANCE.—An eligible entity that re-4
ceives a grant under the pilot program and enters 5
into a partnership described in paragraph (2) shall 6
establish measures to verify that an eligible partner 7
that receives funds from the grant complies with the 8
conditions of the pilot program in using those funds. 9
‘‘(g) REQUIREMENT.—The Secretary shall ensure 10
that not less than 60 percent of the amounts made avail-11
able for grants under the pilot program each fiscal year 12
are for projects located in rural areas. 13
‘‘(h) ANNUAL REPORT TO CONGRESS.— 14
‘‘(1) IN GENERAL.—Not later than December 15
31 of each calendar year, the Secretary shall submit 16
to Congress, and make publicly available, a report 17
describing the activities under the pilot program for 18
the fiscal year that ends during that calendar year. 19
‘‘(2) CONTENTS.—The report under paragraph 20
(1) shall include— 21
‘‘(A) a detailed description of the activities 22
carried out under the pilot program; 23
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‘‘(B) an evaluation of the effectiveness of 1
the pilot program in meeting the purposes de-2
scribed in subsection (b); and 3
‘‘(C) policy recommendations to improve 4
the effectiveness of the pilot program.’’. 5
(2) CLERICAL AMENDMENT.—The analysis for 6
chapter 1 of title 23, United States Code (as amend-7
ed by section 1124(a)(2)) is amended by inserting 8
after the item relating to section 173 the following: 9
‘‘174. Wildlife crossings pilot program.’’.
(c) WILDLIFE VEHICLE COLLISION REDUCTION AND 10
HABITAT CONNECTIVITY IMPROVEMENT.— 11
(1) IN GENERAL.—Chapter 1 of title 23, United 12
States Code (as amended by subsection (b)(1)), is 13
amended by adding at the end the following: 14
‘‘§ 175. Wildlife-vehicle collision reduction and habi-15
tat connectivity improvement 16
‘‘(a) STUDY.— 17
‘‘(1) IN GENERAL.—The Secretary shall con-18
duct a study (referred to in this subsection as the 19
‘study’) of the state, as of the date of the study, of 20
the practice of methods to reduce collisions between 21
motorists and wildlife (referred to in this section as 22
‘wildlife-vehicle collisions’). 23
‘‘(2) CONTENTS.— 24
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‘‘(A) AREAS OF STUDY.—The study 1
shall— 2
‘‘(i) update and expand on, as appro-3
priate— 4
‘‘(I) the report entitled ‘Wildlife 5
Vehicle Collision Reduction Study: 6
2008 Report to Congress’; and 7
‘‘(II) the document entitled 8
‘Wildlife Vehicle Collision Reduction 9
Study: Best Practices Manual’ and 10
dated October 2008; and 11
‘‘(ii) include— 12
‘‘(I) an assessment, as of the 13
date of the study, of— 14
‘‘(aa) the causes of wildlife- 15
vehicle collisions; 16
‘‘(bb) the impact of wildlife- 17
vehicle collisions on motorists 18
and wildlife; and 19
‘‘(cc) the impacts of roads 20
and traffic on habitat 21
connectivity for terrestrial and 22
aquatic species; and 23
‘‘(II) solutions and best practices 24
for— 25
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‘‘(aa) reducing wildlife-vehi-1
cle collisions; and 2
‘‘(bb) improving habitat 3
connectivity for terrestrial and 4
aquatic species. 5
‘‘(B) METHODS.—In carrying out the 6
study, the Secretary shall— 7
‘‘(i) conduct a thorough review of re-8
search and data relating to— 9
‘‘(I) wildlife-vehicle collisions; and 10
‘‘(II) habitat fragmentation that 11
results from transportation infrastruc-12
ture; 13
‘‘(ii) survey current practices of the 14
Department of Transportation and State 15
departments of transportation to reduce 16
wildlife-vehicle collisions; and 17
‘‘(iii) consult with— 18
‘‘(I) appropriate experts in the 19
field of wildlife-vehicle collisions; and 20
‘‘(II) appropriate experts on the 21
effects of roads and traffic on habitat 22
connectivity for terrestrial and aquatic 23
species. 24
‘‘(3) REPORT.— 25
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‘‘(A) IN GENERAL.—Not later than 18 1
months after the date of enactment of the 2
America’s Transportation Infrastructure Act of 3
2019, the Secretary shall submit to Congress a 4
report on the results of the study. 5
‘‘(B) CONTENTS.—The report under sub-6
paragraph (A) shall include— 7
‘‘(i) a description of— 8
‘‘(I) the causes of wildlife-vehicle 9
collisions; 10
‘‘(II) the impacts of wildlife-vehi-11
cle collisions; 12
‘‘(III) the impacts of roads and 13
traffic on— 14
‘‘(aa) species listed as 15
threatened species or endangered 16
species under the Endangered 17
Species Act of 1973 (16 U.S.C. 18
1531 et seq.); 19
‘‘(bb) species identified by 20
States as species of greatest con-21
servation need; 22
‘‘(cc) species identified in 23
State wildlife plans; and 24
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‘‘(dd) medium and small ter-1
restrial and aquatic species; 2
‘‘(ii) an economic evaluation of the 3
costs and benefits of installing highway in-4
frastructure and other measures to miti-5
gate damage to terrestrial and aquatic spe-6
cies, including the effect on jobs, property 7
values, and economic growth to society, ad-8
jacent communities, and landowners; 9
‘‘(iii) recommendations for preventing 10
wildlife-vehicle collisions, including rec-11
ommended best practices, funding re-12
sources, or other recommendations for ad-13
dressing wildlife-vehicle collisions; and 14
‘‘(iv) guidance, developed in consulta-15
tion with Federal land management agen-16
cies and State departments of transpor-17
tation, State fish and wildlife agencies, and 18
Tribal governments that agree to partici-19
pate, for developing, for each State that 20
agrees to participate, a voluntary joint 21
statewide transportation and wildlife action 22
plan— 23
‘‘(I) to address wildlife-vehicle 24
collisions; and 25
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‘‘(II) to improve habitat 1
connectivity for terrestrial and aquatic 2
species. 3
‘‘(b) WORKFORCE DEVELOPMENT AND TECHNICAL 4
TRAINING.— 5
‘‘(1) IN GENERAL.—Not later than 3 years 6
after the date of enactment of the America’s Trans-7
portation Infrastructure Act of 2019, the Secretary 8
shall, based on the study conducted under subsection 9
(a), develop a series of in-person and online work-10
force development and technical training courses— 11
‘‘(A) to reduce wildlife-vehicle collisions; 12
and 13
‘‘(B) to improve habitat connectivity for 14
terrestrial and aquatic species. 15
‘‘(2) AVAILABILITY.—The Secretary shall— 16
‘‘(A) make the series of courses developed 17
under paragraph (1) available for transpor-18
tation and fish and wildlife professionals; and 19
‘‘(B) update the series of courses not less 20
frequently than once every 2 years. 21
‘‘(c) STANDARDIZATION OF WILDLIFE COLLISION 22
AND CARCASS DATA.— 23
‘‘(1) STANDARDIZED METHODOLOGY.— 24
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‘‘(A) IN GENERAL.—The Secretary, acting 1
through the Administrator of the Federal High-2
way Administration (referred to in this sub-3
section as the ‘Secretary’), shall develop a qual-4
ity standardized methodology for collecting and 5
reporting spatially accurate wildlife collision 6
and carcass data for the National Highway Sys-7
tem, considering the practicability of the meth-8
odology with respect to technology and cost. 9
‘‘(B) METHODOLOGY.—In developing the 10
standardized methodology under subparagraph 11
(A), the Secretary shall— 12
‘‘(i) survey existing methodologies and 13
sources of data collection, including the 14
Fatality Analysis Reporting System, the 15
General Estimates System of the National 16
Automotive Sampling System, and the 17
Highway Safety Information System; and 18
‘‘(ii) to the extent practicable, identify 19
and correct limitations of those existing 20
methodologies and sources of data collec-21
tion. 22
‘‘(C) CONSULTATION.—In developing the 23
standardized methodology under subparagraph 24
(A), the Secretary shall consult with— 25
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‘‘(i) the Secretary of the Interior; 1
‘‘(ii) the Secretary of Agriculture, act-2
ing through the Chief of the Forest Serv-3
ice; 4
‘‘(iii) Tribal, State, and local trans-5
portation and wildlife authorities; 6
‘‘(iv) metropolitan planning organiza-7
tions (as defined in section 134(b)); 8
‘‘(v) members of the American Asso-9
ciation of State Highway Transportation 10
Officials; 11
‘‘(vi) members of the Association of 12
Fish and Wildlife Agencies; 13
‘‘(vii) experts in the field of wildlife- 14
vehicle collisions; 15
‘‘(viii) nongovernmental organizations; 16
and 17
‘‘(ix) other interested stakeholders, as 18
appropriate. 19
‘‘(2) STANDARDIZED NATIONAL DATA SYSTEM 20
WITH VOLUNTARY TEMPLATE IMPLEMENTATION.— 21
The Secretary shall— 22
‘‘(A) develop a template for State imple-23
mentation of a standardized national wildlife 24
collision and carcass data system for the Na-25
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tional Highway System that is based on the 1
standardized methodology developed under 2
paragraph (1); and 3
‘‘(B) encourage the voluntary implementa-4
tion of the template developed under subpara-5
graph (A). 6
‘‘(3) REPORTS.— 7
‘‘(A) METHODOLOGY.—The Secretary shall 8
submit to Congress a report describing the 9
standardized methodology developed under 10
paragraph (1) not later than the later of— 11
‘‘(i) the date that is 18 months after 12
the date of enactment of the America’s 13
Transportation Infrastructure Act of 2019; 14
and 15
‘‘(ii) the date that is 180 days after 16
the date on which the Secretary completes 17
the development of the standardized meth-18
odology. 19
‘‘(B) IMPLEMENTATION.—Not later than 4 20
years after the date of enactment of the Amer-21
ica’s Transportation Infrastructure Act of 22
2019, the Secretary shall submit to Congress a 23
report describing— 24
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‘‘(i) the status of the voluntary imple-1
mentation of the standardized methodology 2
developed under paragraph (1) and the 3
template developed under paragraph 4
(2)(A); 5
‘‘(ii) whether the implementation of 6
the standardized methodology developed 7
under paragraph (1) and the template de-8
veloped under paragraph (2)(A) has im-9
pacted efforts by States, units of local gov-10
ernment, and other entities— 11
‘‘(I) to reduce the number of 12
wildlife-vehicle collisions; and 13
‘‘(II) to improve habitat 14
connectivity; 15
‘‘(iii) the degree of the impact de-16
scribed in clause (ii); and 17
‘‘(iv) the recommendations of the Sec-18
retary, including recommendations for fur-19
ther study aimed at reducing motorist col-20
lisions involving wildlife and improving 21
habitat connectivity for terrestrial and 22
aquatic species on the National Highway 23
System, if any. 24
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‘‘(d) NATIONAL THRESHOLD GUIDANCE.—The Sec-1
retary shall— 2
‘‘(1) establish guidance, to be carried out by 3
States on a voluntary basis, that contains a thresh-4
old for determining whether a highway shall be eval-5
uated for potential mitigation measures to reduce 6
wildlife-vehicle collisions and increase habitat 7
connectivity for terrestrial and aquatic species, tak-8
ing into consideration— 9
‘‘(A) the number of wildlife-vehicle colli-10
sions on the highway that pose a human safety 11
risk; 12
‘‘(B) highway-related mortality and the ef-13
fects of traffic on the highway on— 14
‘‘(i) species listed as endangered spe-15
cies or threatened species under the En-16
dangered Species Act of 1973 (16 U.S.C. 17
1531 et seq.); 18
‘‘(ii) species identified by a State as 19
species of greatest conservation need; 20
‘‘(iii) species identified in State wild-21
life plans; and 22
‘‘(iv) medium and small terrestrial 23
and aquatic species; and 24
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‘‘(C) habitat connectivity values for terres-1
trial and aquatic species and the barrier effect 2
of the highway on the movements and migra-3
tions of those species.’’. 4
(2) CLERICAL AMENDMENT.—The analysis for 5
chapter 1 of title 23, United States Code (as amend-6
ed by subsection (b)(2)) is amended by inserting 7
after the item relating to section 174 the following: 8
‘‘175. Wildlife-vehicle collision reduction and habitat connectivity improvement.’’.
(d) WILDLIFE CROSSINGS STANDARDS.—Section 9
109(c)(2) of title 23, United States Code, is amended— 10
(1) in subparagraph (E), by striking ‘‘and’’ at 11
the end; 12
(2) by redesignating subparagraph (F) as sub-13
paragraph (G); and 14
(3) by inserting after subparagraph (E) the fol-15
lowing: 16
‘‘(F) the publication of the Federal High-17
way Administration entitled ‘Wildlife Crossing 18
Structure Handbook: Design and Evaluation in 19
North America’ and dated March 2011; and’’. 20
(e) WILDLIFE HABITAT CONNECTIVITY AND NA-21
TIONAL BRIDGE AND TUNNEL INVENTORY AND INSPEC-22
TION STANDARDS.—Section 144 of title 23, United States 23
Code, is amended— 24
(1) in subsection (a)(2)— 25
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(A) in subparagraph (B), by inserting ‘‘, 1
resilience,’’ after ‘‘safety’’; 2
(B) in subparagraph (D), by striking 3
‘‘and’’ at the end; 4
(C) in subparagraph (E), by striking the 5
period at the end and inserting ‘‘; and’’; and 6
(D) by adding at the end the following: 7
‘‘(F) to ensure adequate passage of aquatic 8
and terrestrial species, where appropriate.’’; 9
(2) in subsection (b)— 10
(A) in paragraph (4), by striking ‘‘and’’ at 11
the end; 12
(B) in paragraph (5), by striking the pe-13
riod at the end and inserting ‘‘; and’’; and 14
(C) by adding at the end the following: 15
‘‘(6) determine if the replacement or rehabilita-16
tion of bridges and tunnels should include measures 17
to enable safe and unimpeded movement for terres-18
trial and aquatic species.’’; and 19
(3) in subsection (i), by adding at the end the 20
following: 21
‘‘(3) REQUIREMENT.—The first revision under 22
paragraph (2) after the date of enactment of the 23
America’s Transportation Infrastructure Act of 24
2019 shall include techniques to assess passage of 25
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aquatic and terrestrial species and habitat restora-1
tion potential.’’. 2
SEC. 1126. CONSOLIDATION OF PROGRAMS. 3
Section 1519(a) of MAP–21 (Public Law 112–141; 4
126 Stat. 574; 129 Stat. 1423) is amended, in the matter 5
preceding paragraph (1), by striking ‘‘fiscal years 2016 6
through 2020’’ and inserting ‘‘fiscal years 2021 through 7
2025’’. 8
SEC. 1127. STATE FREIGHT ADVISORY COMMITTEES. 9
Section 70201 of title 49, United States Code, is 10
amended— 11
(1) in subsection (a), by striking ‘‘representa-12
tives of ports, freight railroads,’’ and all that follows 13
through the period at the end and inserting the fol-14
lowing: ‘‘representatives of— 15
‘‘(1) ports; 16
‘‘(2) freight railroads; 17
‘‘(3) shippers; 18
‘‘(4) carriers; 19
‘‘(5) freight-related associations; 20
‘‘(6) third-party logistics providers; 21
‘‘(7) the freight industry workforce; 22
‘‘(8) the transportation department of the 23
State; 24
‘‘(9) metropolitan planning organizations; 25
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‘‘(10) local governments; 1
‘‘(11) the environmental protection department 2
of the State, if applicable; 3
‘‘(12) the air resources board of the State, if 4
applicable; and 5
‘‘(13) economic development agencies of the 6
State.’’; 7
(2) in subsection (b)(5), by striking ‘‘70202.’’ 8
and inserting ‘‘70202, including by providing advice 9
regarding the development of the freight investment 10
plan; and’’; 11
(3) by redesignating subsection (b) as sub-12
section (c); and 13
(4) by inserting after subsection (a) the fol-14
lowing: 15
‘‘(b) QUALIFICATIONS.—Each member of a freight 16
advisory committee established under subsection (a) shall 17
have qualifications sufficient to serve on a freight advisory 18
committee, including, as applicable— 19
‘‘(1) general business and financial experience; 20
‘‘(2) experience or qualifications in the areas of 21
freight transportation and logistics; 22
‘‘(3) experience in transportation planning; 23
‘‘(4) experience representing employees of the 24
freight industry; or 25
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‘‘(5) experience representing a State, local gov-1
ernment, or metropolitan planning organization.’’. 2
SEC. 1128. TERRITORIAL AND PUERTO RICO HIGHWAY PRO-3
GRAM. 4
Section 165 of title 23, United States Code, is 5
amended— 6
(1) in subsection (a), by striking paragraphs 7
(1) and (2) and inserting the following: 8
‘‘(1) for the Puerto Rico highway program 9
under subsection (b)— 10
‘‘(A) $161,500,000 shall be for fiscal year 11
2021; 12
‘‘(B) $165,000,000 shall be for fiscal year 13
2022; 14
‘‘(C) $168,000,000 shall be for fiscal year 15
2023; 16
‘‘(D) $171,000,000 shall be for fiscal year 17
2024; and 18
‘‘(E) $175,500,000 shall be for fiscal year 19
2025; and 20
‘‘(2) for the territorial highway program under 21
subsection (c)— 22
‘‘(A) $43,000,000 shall be for fiscal year 23
2021; 24
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‘‘(B) $43,000,000 shall be for fiscal year 1
2022; 2
‘‘(C) $44,000,000 shall be for fiscal year 3
2023; 4
‘‘(D) $45,000,000 shall be for fiscal year 5
2024; and 6
‘‘(E) $46,000,000 shall be for fiscal year 7
2025.’’; and 8
(2) in subsection (c)(7), by striking ‘‘para-9
graphs (1) through (4) of section 133(c) and section 10
133(b)(12)’’ and inserting ‘‘paragraphs (1), (2), (3), 11
and (5) of section 133(c) and section 133(b)(13)’’. 12
Subtitle B—Planning and 13
Performance Management 14
SEC. 1201. TRANSPORTATION PLANNING. 15
(a) METROPOLITAN TRANSPORTATION PLANNING.— 16
Section 134 of title 23, United States Code, is amended— 17
(1) in subsection (d)— 18
(A) in paragraph (3), by adding at the end 19
the following: 20
‘‘(D) CONSIDERATIONS.—In designating 21
officials or representatives under paragraph (2) 22
for the first time, subject to the bylaws or ena-23
bling statute of the metropolitan planning orga-24
nization, the metropolitan planning organization 25
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shall consider the equitable and proportional 1
representation of the population of the metro-2
politan planning area.’’; and 3
(B) in paragraph (7)— 4
(i) by striking ‘‘an existing metropoli-5
tan planning area’’ and inserting ‘‘an ur-6
banized area (as defined by the Bureau of 7
the Census)’’; and 8
(ii) by striking ‘‘the existing metro-9
politan planning area’’ and inserting ‘‘the 10
area’’; 11
(2) in subsection (g)— 12
(A) in paragraph (1), by striking ‘‘a met-13
ropolitan area’’ and inserting ‘‘an urbanized 14
area (as defined by the Bureau of the Census)’’; 15
and 16
(B) by adding at the end the following: 17
‘‘(4) COORDINATION BETWEEN MPOS.—If 18
more than 1 metropolitan planning organization is 19
designated within an urbanized area (as defined by 20
the Bureau of the Census) under subsection 21
(d)(7)(A), the metropolitan planning organizations 22
designated within the area shall ensure, to the max-23
imum extent practicable, the consistency of any data 24
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used in the planning process, including information 1
used in forecasting travel demand. 2
‘‘(5) SAVINGS CLAUSE.—Nothing in this sub-3
section requires metropolitan planning organizations 4
designated within a single urbanized area to jointly 5
develop planning documents, including a unified 6
long-range transportation plan or unified TIP.’’; and 7
(3) in subsection (i)(6), by adding at the end 8
the following: 9
‘‘(D) USE OF TECHNOLOGY.—A State may 10
use social media and other web-based tools— 11
‘‘(i) to further encourage public par-12
ticipation; and 13
‘‘(ii) to solicit public feedback during 14
the transportation planning process.’’. 15
(b) STATEWIDE AND NONMETROPOLITAN TRANSPOR-16
TATION PLANNING.—Section 135(f)(3) of title 23, United 17
States Code, is amended by adding at the end the fol-18
lowing: 19
‘‘(C) USE OF TECHNOLOGY.—A State may 20
use social media and other web-based tools— 21
‘‘(i) to further encourage public par-22
ticipation; and 23
‘‘(ii) to solicit public feedback during 24
the transportation planning process.’’. 25
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SEC. 1202. FISCAL CONSTRAINT ON LONG-RANGE TRANS-1
PORTATION PLANS. 2
Not later than 1 year after the date of enactment 3
of this Act, the Secretary shall amend section 4
450.324(f)(11)(v) of title 23, Code of Federal Regulations, 5
to ensure that the outer years of a metropolitan transpor-6
tation plan are defined as ‘‘beyond the first 4 years’’. 7
SEC. 1203. STATE HUMAN CAPITAL PLANS. 8
(a) IN GENERAL.—Chapter 1 of title 23, United 9
States Code (as amended by section 1125(c)(1)), is 10
amended by adding at the end the following: 11
‘‘§ 176. State human capital plans 12
‘‘(a) IN GENERAL.—Not later than 18 months after 13
the date of enactment of this section, the Secretary shall 14
encourage each State to develop a voluntary plan, to be 15
known as a ‘human capital plan’, that provides for the 16
immediate and long-term personnel and workforce needs 17
of the State with respect to the capacity of the State to 18
deliver transportation and public infrastructure eligible 19
under this title. 20
‘‘(b) PLAN CONTENTS.— 21
‘‘(1) IN GENERAL.—A human capital plan de-22
veloped by a State under subsection (a) shall, to the 23
maximum extent practicable, take into consider-24
ation— 25
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‘‘(A) significant transportation workforce 1
trends, needs, issues, and challenges with re-2
spect to the State; 3
‘‘(B) the human capital policies, strategies, 4
and performance measures that will guide the 5
transportation-related workforce investment de-6
cisions of the State; 7
‘‘(C) coordination with educational institu-8
tions, industry, organized labor, workforce 9
boards, and other agencies or organizations to 10
address the human capital transportation needs 11
of the State; 12
‘‘(D) a workforce planning strategy that 13
identifies current and future human capital 14
needs, including the knowledge, skills, and abili-15
ties needed to recruit and retain skilled workers 16
in the transportation industry; 17
‘‘(E) a human capital management strat-18
egy that is aligned with the transportation mis-19
sion, goals, and organizational objectives of the 20
State; 21
‘‘(F) an implementation system for work-22
force goals focused on addressing continuity of 23
leadership and knowledge sharing across the 24
State; 25
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‘‘(G) an implementation system that ad-1
dresses workforce competency gaps, particularly 2
in mission-critical occupations; 3
‘‘(H) in the case of public-private partner-4
ships or other alternative project delivery meth-5
ods to carry out the transportation program of 6
the State, a description of workforce needs— 7
‘‘(i) to ensure that the transportation 8
mission, goals, and organizational objec-9
tives of the State are fully carried out; and 10
‘‘(ii) to ensure that procurement 11
methods provide the best public value; 12
‘‘(I) a system for analyzing and evaluating 13
the performance of the State department of 14
transportation with respect to all aspects of 15
human capital management policies, programs, 16
and activities; and 17
‘‘(J) the manner in which the plan will im-18
prove the ability of the State to meet the na-19
tional policy in support of performance manage-20
ment established under section 150. 21
‘‘(2) PLANNING PERIOD.—If a State develops a 22
human capital plan under subsection (a), the plan 23
shall address a 5-year forecast period. 24
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‘‘(c) PLAN UPDATES.—If a State develops a human 1
capital plan under subsection (a), the State shall update 2
the plan not less frequently than once every 5 years. 3
‘‘(d) RELATIONSHIP TO LONG-RANGE PLAN.— 4
‘‘(1) IN GENERAL.—Subject to paragraph (2), a 5
human capital plan developed by a State under sub-6
section (a) may be developed separately from, or in-7
corporated into, the long-range statewide transpor-8
tation plan required under section 135. 9
‘‘(2) EFFECT OF SECTION.—Nothing in this 10
section requires a State, or authorizes the Secretary 11
to require a State, to incorporate a human capital 12
plan into the long-range statewide transportation 13
plan required under section 135. 14
‘‘(e) PUBLIC AVAILABILITY.—Each State that devel-15
ops a human capital plan under subsection (a) shall make 16
a copy of the plan available to the public in a user-friendly 17
format on the website of the State department of transpor-18
tation. 19
‘‘(f) SAVINGS PROVISION.—Nothing in this section 20
prevents a State from carrying out transportation work-21
force planning— 22
‘‘(1) not described in this section; or 23
‘‘(2) not in accordance with this section.’’. 24
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(b) CLERICAL AMENDMENT.—The analysis for chap-1
ter 1 of title 23, United States Code (as amended by sec-2
tion 1125(c)(2)), is amended by inserting after the item 3
relating to section 175 the following: 4
‘‘176. State human capital plans.’’.
SEC. 1204. ACCESSIBILITY DATA PILOT PROGRAM. 5
(a) IN GENERAL.—Not later than 1 year after the 6
date of enactment of this Act, the Secretary shall establish 7
an accessibility data pilot program (referred to in this sec-8
tion as the ‘‘pilot program’’). 9
(b) PURPOSE.—The purpose of the pilot program is 10
to develop or procure an accessibility data set and make 11
that data set available to each eligible entity selected to 12
participate in the pilot program to improve the transpor-13
tation planning of those eligible entities by— 14
(1) measuring the level of access by multiple 15
transportation modes to important destinations, 16
which may include— 17
(A) jobs, including areas with a concentra-18
tion of available jobs; 19
(B) health care facilities; 20
(C) child care services; 21
(D) educational and workforce training fa-22
cilities; 23
(E) affordable housing; 24
(F) food sources; and 25
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(G) connections between modes, including 1
connections to— 2
(i) high-quality transit or rail service; 3
(ii) safe bicycling corridors; and 4
(iii) safe sidewalks that achieve com-5
pliance with applicable requirements of the 6
Americans with Disabilities Act of 1990 7
(42 U.S.C. 12101 et seq.); 8
(2) disaggregating the level of access by mul-9
tiple transportation modes by a variety of population 10
categories, which may include— 11
(A) low-income populations; 12
(B) minority populations; 13
(C) age; 14
(D) disability; and 15
(E) geographical location; and 16
(3) assessing the change in accessibility that 17
would result from new transportation investments. 18
(c) ELIGIBLE ENTITIES.—An entity eligible to par-19
ticipate in the pilot program is— 20
(1) a State (as defined in section 101(a) of title 21
23, United States Code); 22
(2) a metropolitan planning organization; or 23
(3) a rural transportation planning organiza-24
tion. 25
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(d) APPLICATION.—To be eligible to participate in 1
the pilot program, an eligible entity shall submit to the 2
Secretary an application at such time, in such manner, 3
and containing such information as the Secretary may re-4
quire, including information relating to— 5
(1) previous experience of the eligible entity 6
measuring transportation access or other perform-7
ance management experience; 8
(2) the types of important destinations to which 9
the eligible entity intends to measure access; 10
(3) the types of data disaggregation the eligible 11
entity intends to pursue; 12
(4) a general description of the methodology the 13
eligible entity intends to apply; and 14
(5) if the applicant does not intend the pilot 15
program to apply to the full area under the jurisdic-16
tion of the applicant, a description of the geographic 17
area in which the applicant intends the pilot pro-18
gram to apply. 19
(e) SELECTION.— 20
(1) IN GENERAL.—The Secretary shall seek to 21
achieve diversity of participants in the pilot program 22
by selecting a range of eligible entities that shall in-23
clude— 24
(A) States; 25
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(B) metropolitan planning organizations 1
that serve an area with a population of 200,000 2
people or fewer; 3
(C) metropolitan planning organizations 4
that serve an area with a population of over 5
200,000 people; and 6
(D) rural transportation planning organi-7
zations. 8
(2) INCLUSIONS.—The Secretary shall seek to 9
ensure that, among the eligible entities selected 10
under paragraph (1), there is— 11
(A) a range of capacity and previous expe-12
rience with measuring transportation access; 13
and 14
(B) a variety of proposed methodologies 15
and focus areas for measuring level of access. 16
(f) DUTIES.—For each eligible entity participating in 17
the pilot program, the Secretary shall— 18
(1) develop or acquire an accessibility data set 19
described in subsection (b); and 20
(2) submit the data set to the eligible entity. 21
(g) METHODOLOGY.—In calculating the measures for 22
the data set under the pilot program, the Secretary shall 23
ensure that methodology is open source. 24
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(h) AVAILABILITY.—The Secretary shall make an ac-1
cessibility data set under the pilot program available to— 2
(1) units of local government within the juris-3
diction of the eligible entity participating in the pilot 4
program; and 5
(2) researchers. 6
(i) REPORT.—Not later than 120 days after the last 7
date on which the Secretary submits data sets to the eligi-8
ble entity under subsection (f), the Secretary shall submit 9
to Congress a report on the results of the program, includ-10
ing the feasibility of developing and providing periodic ac-11
cessibility data sets for all States, regions, and localities. 12
(j) FUNDING.—The Secretary shall carry out the 13
pilot program using amounts made available to the Sec-14
retary for administrative expenses to carry out programs 15
under the authority of the Secretary. 16
(k) SUNSET.—The pilot program shall terminate on 17
the date that is 8 years after the date on which the pilot 18
program is implemented. 19
SEC. 1205. PRIORITIZATION PROCESS PILOT PROGRAM. 20
(a) DEFINITIONS.—In this section: 21
(1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-22
ty’’ means— 23
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(A) a metropolitan planning organization 1
that serves an area with a population of over 2
200,000; and 3
(B) a State. 4
(2) METROPOLITAN PLANNING ORGANIZA-5
TION.—The term ‘‘metropolitan planning organiza-6
tion’’ has the meaning given the term in section 7
134(b) of title 23, United States Code. 8
(3) PRIORITIZATION PROCESS PILOT PRO-9
GRAM.—The term ‘‘prioritization process pilot pro-10
gram’’ means the pilot program established under 11
subsection (b)(1). 12
(b) ESTABLISHMENT.— 13
(1) IN GENERAL.—The Secretary shall estab-14
lish, and solicit applications for a prioritization proc-15
ess pilot program. 16
(2) PURPOSE.—The purpose of the 17
prioritization process pilot program shall be to sup-18
port data-driven approaches to planning that, on 19
completion, can be evaluated for public benefit. 20
(c) PILOT PROGRAM ADMINISTRATION.— 21
(1) IN GENERAL.—An eligible entity partici-22
pating in the prioritization process pilot program 23
shall— 24
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(A) use priority objectives that are devel-1
oped— 2
(i) in the case of an urbanized area 3
with a population of over 200,000, by the 4
metropolitan planning organization that 5
serves the area, in consultation with the 6
State; 7
(ii) in the case of an urbanized area 8
with a population of 200,000 or fewer, by 9
the State in consultation with all metro-10
politan planning organizations in the 11
State; and 12
(iii) through a public process that pro-13
vides an opportunity for public input; 14
(B) assess and score projects and strate-15
gies on the basis of— 16
(i) the contribution and benefits of the 17
project or strategy to each priority objec-18
tive developed under subparagraph (A); 19
(ii) the cost of the project or strategy 20
relative to the contribution and benefits as-21
sessed and scored under clause (i); and 22
(iii) public support; 23
(C) use the scores assigned under subpara-24
graph (B) to guide project selection in the de-25
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velopment of the transportation plan and trans-1
portation improvement program; and 2
(D) ensure that the public— 3
(i) has opportunities to provide public 4
comment on projects before decisions are 5
made on the transportation plan and the 6
transportation improvement program; and 7
(ii) has access to clear reasons why 8
each project or strategy was selected or not 9
selected. 10
(2) REQUIREMENTS.—An eligible entity that re-11
ceives a grant under the prioritization process pilot 12
program shall use the funds as described in each of 13
the following, as applicable: 14
(A) METROPOLITAN TRANSPORTATION 15
PLANNING.—In the case of a metropolitan plan-16
ning organization that serves an area with a 17
population of over 200,000, the entity shall— 18
(i) develop and implement a publicly 19
accessible, transparent prioritization proc-20
ess for the selection of projects for inclu-21
sion on the transportation plan for the 22
metropolitan planning area under section 23
134(i) of title 23, United States Code, and 24
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section 5303(i) of title 49, United States 1
Code, which shall— 2
(I) include criteria identified by 3
the metropolitan planning organiza-4
tion, which may be weighted to reflect 5
the priority objectives developed under 6
paragraph (1)(A), that the metropoli-7
tan planning organization has deter-8
mined support— 9
(aa) factors described in sec-10
tion 134(h) of title 23, United 11
States Code, and section 5303(h) 12
of title 49, United States Code; 13
(bb) targets for national 14
performance measures under sec-15
tion 150(b) of title 23, United 16
States Code; 17
(cc) applicable transpor-18
tation goals in the metropolitan 19
planning area or State set by the 20
applicable transportation agency; 21
and 22
(dd) priority objectives de-23
veloped under paragraph (1)(A); 24
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(II) evaluate the outcomes for 1
each proposed project on the basis of 2
the benefits of the proposed project 3
with respect to each of the criteria de-4
scribed in subclause (I) relative to the 5
cost of the proposed project; and 6
(III) use the evaluation under 7
subclause (II) to create a ranked list 8
of proposed projects; and 9
(ii) with respect to the priority list 10
under section 134(j)(2)(A) of title 23 and 11
section 5303(j)(2)(A) of title 49, United 12
States Code, include projects according to 13
the rank of the project under clause 14
(i)(III), except as provided in subpara-15
graph (D). 16
(B) STATEWIDE TRANSPORTATION PLAN-17
NING.—In the case of a State, the State shall— 18
(i) develop and implement a publicly 19
accessible, transparent process for the se-20
lection of projects for inclusion on the 21
long-range statewide transportation plan 22
under section 135(f) of title 23, United 23
States Code, which shall— 24
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(I) include criteria identified by 1
the State, which may be weighted to 2
reflect statewide priorities, that the 3
State has determined support— 4
(aa) factors described in sec-5
tion 135(d) of title 23, United 6
States Code, and section 5304(d) 7
of title 49, United States Code; 8
(bb) national transportation 9
goals under section 150(b) of 10
title 23, United States Code; 11
(cc) applicable transpor-12
tation goals in the State; and 13
(dd) the priority objectives 14
developed under paragraph 15
(1)(A); 16
(II) evaluate the outcomes for 17
each proposed project on the basis of 18
the benefits of the proposed project 19
with respect to each of the criteria de-20
scribed in subclause (I) relative to the 21
cost of the proposed project; and 22
(III) use the evaluation under 23
subclause (II) to create a ranked list 24
of proposed projects; and 25
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(ii) with respect to the statewide 1
transportation improvement program 2
under section 135(g) of title 23, United 3
States Code, and section 5304(g) of title 4
49, United States Code, include projects 5
according to the rank of the project under 6
clause (i)(III), except as provided in sub-7
paragraph (D). 8
(C) ADDITIONAL TRANSPORTATION PLAN-9
NING.—If the eligible entity has implemented, 10
and has in effect, the requirements under sub-11
paragraph (A) or (B), as applicable, the eligible 12
entity may use any remaining funds from a 13
grant provided under the pilot program for any 14
transportation planning purpose. 15
(D) EXCEPTIONS TO PRIORITY RANKING.— 16
In the case of any project that the eligible enti-17
ty chooses to include or not include in the 18
transportation improvement program under sec-19
tion 134(j) of title 23, United States Code, or 20
the statewide transportation improvement pro-21
gram under section 135(g) of title 23, United 22
States Code, as applicable, in a manner that is 23
contrary to the priority ranking for that project 24
established under subparagraph (A)(i)(III) or 25
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(B)(i)(III), the eligible entity shall make pub-1
licly available an explanation for the decision, 2
including— 3
(i) a review of public comments re-4
garding the project; 5
(ii) an evaluation of public support for 6
the project; 7
(iii) an assessment of geographic bal-8
ance of projects of the eligible entity; and 9
(iv) the number of projects of the eli-10
gible entity in economically distressed 11
areas. 12
(3) MAXIMUM AMOUNT.—The maximum 13
amount of a grant under the prioritization process 14
pilot program is $2,000,000. 15
(d) APPLICATIONS.—To be eligible to participate in 16
the prioritization process pilot program, an eligible entity 17
shall submit to the Secretary an application at such time, 18
in such manner, and containing such information as the 19
Secretary may require. 20
SEC. 1206. EXEMPTIONS FOR LOW POPULATION DENSITY 21
STATES. 22
Section 150 of title 23, United States Code, is 23
amended by adding at the end the following: 24
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‘‘(f) EXEMPTIONS FOR LOW POPULATION DENSITY 1
STATES.— 2
‘‘(1) IN GENERAL.—The Secretary shall grant, 3
on the election of and in consultation with a State, 4
an exemption from 1 or more of the requirements 5
described in paragraph (2)(A) if the State— 6
‘‘(A) is on the list of eligible States under 7
paragraph (5) for the applicable performance 8
period; and 9
‘‘(B) provides a written notice of the elec-10
tion that includes an explanation under para-11
graph (4)(A). 12
‘‘(2) REQUIREMENTS DESCRIBED.— 13
‘‘(A) STATE REQUIREMENTS.—The re-14
quirements from which a State described in 15
paragraph (1) may elect an exemption are— 16
‘‘(i) requirements established under 17
subclauses (IV) and (V) of subsection 18
(c)(3)(A)(ii); 19
‘‘(ii) requirements established under 20
subsection (c)(5)(A); 21
‘‘(iii) requirements established under 22
subsection (c)(6); and 23
‘‘(iv) targeting, data, reporting, or ad-24
ministrative requirements established 25
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under subsections (d) and (e) that are re-1
lated to a requirement described in clause 2
(i), (ii), or (iii) from which the State elects 3
to receive an exemption. 4
‘‘(B) METROPOLITAN PLANNING ORGANI-5
ZATION REQUIREMENTS.—A metropolitan plan-6
ning organization with a metropolitan planning 7
area that is located entirely within a State that 8
is exempt shall be exempt from the require-9
ments under section 134(h)(2)(B) that relate to 10
each measure described in subparagraph (A) 11
from which the State of the metropolitan plan-12
ning organization is exempt. 13
‘‘(3) TERM.—An exemption applied under para-14
graph (1) — 15
‘‘(A) shall be in effect until the date that 16
is 4 years after the date on which the perform-17
ance period promulgated by the Secretary under 18
subsection (d) in effect at the time the exemp-19
tion is applied ends; and 20
‘‘(B) may be renewed by the State for an 21
additional 4-year term at the end of each per-22
formance period if, in accordance with para-23
graph (4)— 24
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‘‘(i) the State submits another written 1
explanation; and 2
‘‘(ii) the State continues to be in-3
cluded on the list of eligible States under 4
paragraph (5). 5
‘‘(4) NOTIFICATION OF ELECTION OF EXEMP-6
TION.— 7
‘‘(A) IN GENERAL.—To be eligible to make 8
an election under paragraph (1), not later than 9
September 1 of the calendar year preceding the 10
calendar year in which the next performance 11
period promulgated by the Secretary under sub-12
section (d) begins, a State described in that 13
paragraph— 14
‘‘(i) shall submit to the Secretary— 15
‘‘(I) identification of the 1 or 16
more requirements described in para-17
graph (2)(A) for which an exemption 18
is elected; and 19
‘‘(II) a written notice that in-20
cludes an explanation advising the 21
Secretary that the State is not experi-22
encing significant performance issues 23
on the surface transportation system 24
of the State with respect to each re-25
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quirement referred to in subclause (I); 1
and 2
‘‘(ii) may submit to the Secretary any 3
other information or material that the 4
State chooses to include in the notice. 5
‘‘(B) SPECIAL RULE.—Notwithstanding 6
the deadline described in subparagraph (A), a 7
State described in paragraph (1) may submit a 8
notice under subparagraph (A) at any time be-9
fore September 1, 2021. 10
‘‘(5) ELIGIBLE STATES.— 11
‘‘(A) IN GENERAL.—Not later than 60 12
days after the date of enactment of this sub-13
section and thereafter, on each September 1 of 14
the calendar year 2 years prior to the calendar 15
year in which the next performance period pro-16
mulgated by the Secretary under subsection (d) 17
begins, the Secretary shall publish a list of 18
States that may elect to receive an exemption 19
from a requirement described in paragraph 20
(2)(A). 21
‘‘(B) INCLUSIONS.—The Secretary shall 22
include on the list under subparagraph (A)— 23
‘‘(i) any State that— 24
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‘‘(I) has a population per square 1
mile of area that is less than the pop-2
ulation per square mile of area of the 3
United States, based on the latest 4
available Bureau of the Census data 5
at the time the Secretary publishes 6
the list; 7
‘‘(II) does not include an urban-8
ized area with a population of over 9
200,000 within the State; and 10
‘‘(III) has no repeated delays or 11
other persistent impediments to travel 12
reliability on the portions of the Na-13
tional Highway System in the State 14
that the Secretary determines to be 15
excessive; and 16
‘‘(ii) based on the latest available Bu-17
reau of the Census data at the time the 18
Secretary publishes the list, any State 19
that— 20
‘‘(I) has a population density of 21
less than 15 persons per square mile 22
of area; and 23
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‘‘(II) does not include an urban-1
ized area with a population of over 2
200,000. 3
‘‘(6) NATIONAL REPORTING.— 4
‘‘(A) ELIGIBLE STATES.—For each State 5
included on the list of eligible States under 6
paragraph (5), the Secretary shall submit to the 7
Committee on Environment and Public Works 8
of the Senate and the Committee on Transpor-9
tation and Infrastructure of the House of Rep-10
resentatives a report on the status of traffic 11
congestion, travel reliability, truck travel reli-12
ability, and any other relevant performance 13
metrics on the portions of the National High-14
way System in the State, including any delays 15
or impediments that the Secretary determines 16
to be excessive. 17
‘‘(B) EXEMPT STATES.—For each eligible 18
State under paragraph (5) that elects to receive 19
an exemption under paragraph (1), the Sec-20
retary shall— 21
‘‘(i) submit to the Committee on Envi-22
ronment and Public Works of the Senate 23
and the Committee on Transportation and 24
Infrastructure of the House of Representa-25
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tives a report on the results of perform-1
ance measures for all exemptions applied 2
to that State under this subsection; and 3
‘‘(ii) make publicly available as part of 4
the State performance dashboard on the 5
Department of Transportation website in-6
formation on the performance of the State 7
with respect to any requirements from 8
which the State is exempt.’’. 9
SEC. 1207. TRAVEL DEMAND DATA AND MODELING. 10
(a) DEFINITION OF METROPOLITAN PLANNING OR-11
GANIZATION.—In this section, the term ‘‘metropolitan 12
planning organization’’ has the meaning given the term 13
in section 134(b) of title 23, United States Code. 14
(b) STUDY.— 15
(1) IN GENERAL.—Not later than 2 years after 16
the date of enactment of this Act, and not less fre-17
quently than once every 5 years thereafter, the Sec-18
retary shall carry out a study that— 19
(A) gathers travel data and travel demand 20
forecasts from a representative sample of States 21
and metropolitan planning organizations; 22
(B) uses the data and forecasts gathered 23
under subparagraph (A) to compare travel de-24
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mand forecasts with the observed data, includ-1
ing— 2
(i) traffic counts; 3
(ii) travel mode share and public tran-4
sit ridership; and 5
(iii) vehicle occupancy measures; and 6
(C) uses the information described in sub-7
paragraphs (A) and (B)— 8
(i) to develop best practices or guid-9
ance for States and metropolitan planning 10
organizations to use in forecasting travel 11
demand for future investments in transpor-12
tation improvements; 13
(ii) to evaluate the impact of trans-14
portation investments, including new road-15
way capacity, on travel behavior and travel 16
demand, including public transportation 17
ridership, induced highway travel, and con-18
gestion; 19
(iii) to support more accurate travel 20
demand forecasting by States and metro-21
politan planning organizations; and 22
(iv) to enhance the capacity of States 23
and metropolitan planning organizations— 24
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(I) to forecast travel demand; 1
and 2
(II) to track observed travel be-3
havior responses, including induced 4
travel, to changes in transportation 5
capacity, pricing, and land use pat-6
terns. 7
(2) SECRETARIAL SUPPORT.—The Secretary 8
shall seek opportunities to support the transpor-9
tation planning processes under sections 134 and 10
135 of title 23, United States Code, through the 11
provision of data to States and metropolitan plan-12
ning organizations to improve the quality of plans, 13
models, and forecasts described in this subsection. 14
(3) EVALUATION TOOL.—The Secretary shall 15
develop a publicly available multimodal web-based 16
tool for the purpose of enabling States and metro-17
politan planning organizations to evaluate the effect 18
of investments in highway and public transportation 19
projects on the use and conditions of all transpor-20
tation assets within the State or area served by the 21
metropolitan planning organization, as applicable. 22
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SEC. 1208. INCREASING SAFE AND ACCESSIBLE TRANSPOR-1
TATION OPTIONS. 2
(a) DEFINITION OF COMPLETE STREETS STAND-3
ARDS OR POLICIES.—In this section, the term ‘‘Complete 4
Streets standards or policies’’ means standards or policies 5
that ensure the safe and adequate accommodation of all 6
users of the transportation system, including pedestrians, 7
bicyclists, public transportation users, children, older indi-8
viduals, individuals with disabilities, motorists, and freight 9
vehicles. 10
(b) FUNDING REQUIREMENT.—Notwithstanding any 11
other provision of law, each State and metropolitan plan-12
ning organization shall use to carry out 1 or more activi-13
ties described in subsection (c)— 14
(1) in the case of a State, not less than 2.5 per-15
cent of the amounts made available to the State to 16
carry out section 505 of title 23, United States 17
Code; and 18
(2) in the case of a metropolitan planning orga-19
nization, not less than 2.5 percent of the amounts 20
made available to the metropolitan planning organi-21
zation under section 104(d) of title 23, United 22
States Code. 23
(c) ACTIVITIES DESCRIBED.—An activity referred to 24
in subsection (b) is an activity to increase safe and acces-25
sible options for multiple travel modes for people of all 26
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ages and abilities, which, if permissible under applicable 1
State and local laws, may include— 2
(1) adoption of Complete Streets standards or 3
policies; 4
(2) development of a Complete Streets 5
prioritization plan that identifies a specific list of 6
Complete Streets projects to improve the safety, mo-7
bility, or accessibility of a street; 8
(3) development of transportation plans— 9
(A) to create a network of active transpor-10
tation facilities, including sidewalks, bikeways, 11
or pedestrian and bicycle trails, to connect 12
neighborhoods with destinations such as work-13
places, schools, residences, businesses, recre-14
ation areas, healthcare and child care services, 15
or other community activity centers; 16
(B) to integrate active transportation fa-17
cilities with public transportation service or im-18
prove access to public transportation; 19
(C) to create multiuse active transpor-20
tation infrastructure facilities, including bike-21
ways or pedestrian and bicycle trails, that make 22
connections within or between communities; 23
(D) to increase public transportation rider-24
ship; and 25
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(E) to improve the safety of bicyclists and 1
pedestrians; 2
(4) regional and megaregional planning to ad-3
dress travel demand and capacity constraints 4
through alternatives to new highway capacity, in-5
cluding through intercity passenger rail; and 6
(5) development of transportation plans and 7
policies that support transit-oriented development. 8
(d) FEDERAL SHARE.—The Federal share of the cost 9
of an activity carried out under this section shall be 100 10
percent. 11
Subtitle C—Project Delivery and 12
Process Improvement 13
SEC. 1301. EFFICIENT ENVIRONMENTAL REVIEWS FOR 14
PROJECT DECISIONMAKING AND ONE FED-15
ERAL DECISION. 16
(a) IN GENERAL.—Section 139 of title 23, United 17
States Code, is amended— 18
(1) in the section heading, by striking ‘‘deci-19
sionmaking’’ and inserting ‘‘decisionmaking 20
and One Federal Decision’’; 21
(2) in subsection (a)— 22
(A) by redesignating paragraphs (2) 23
through (8) as paragraphs (4), (5), (6), (8), 24
(9), (10), and (11), respectively; 25
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(B) by inserting after paragraph (1) the 1
following: 2
‘‘(2) AUTHORIZATION.—The term ‘authoriza-3
tion’ means any license, permit, approval, finding, or 4
other administrative decision related to the environ-5
mental review process that is required under Federal 6
law to site, construct, or reconstruct a project. 7
‘‘(3) ENVIRONMENTAL DOCUMENT.—The term 8
‘environmental document’ includes an environmental 9
assessment, finding of no significant impact, notice 10
of intent, environmental impact statement, or record 11
of decision under the National Environmental Policy 12
Act of 1969 (42 U.S.C. 4321 et seq.).’’; 13
(C) in subparagraph (B) of paragraph (5) 14
(as so redesignated), by striking ‘‘process for 15
and completion of any environmental permit’’ 16
and inserting ‘‘process and schedule, including 17
a timetable for completion of any permit’’; and 18
(D) by inserting after paragraph (6) (as so 19
redesignated) the following: 20
‘‘(7) MAJOR INFRASTRUCTURE PROJECT.—The 21
term ‘major infrastructure project’ means a project 22
for which— 23
‘‘(A) multiple permits, approvals, reviews, 24
or studies are required under a Federal law 25
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other than the National Environmental Policy 1
Act of 1969 (42 U.S.C. 4321 et seq.); 2
‘‘(B) the head of the lead agency has de-3
termined that an environmental impact state-4
ment is required; and 5
‘‘(C) the project sponsor has identified the 6
reasonable availability of funds sufficient to 7
complete the project.’’; 8
(3) in subsection (b)(1), by inserting ‘‘, includ-9
ing major infrastructure projects,’’ after ‘‘all 10
projects’’; 11
(4) in subsection (c)— 12
(A) in paragraph (6)— 13
(i) in subparagraph (B), by striking 14
‘‘and’’ at the end; 15
(ii) in subparagraph (C), by striking 16
the period at the end and inserting ‘‘; 17
and’’; and 18
(iii) by adding at the end the fol-19
lowing: 20
‘‘(D) to calculate annually the average 21
time taken by the lead agency to complete all 22
environmental documents for each project dur-23
ing the previous fiscal year’’; and 24
(B) by adding at the end the following: 25
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‘‘(7) PROCESS IMPROVEMENTS FOR MAJOR IN-1
FRASTRUCTURE PROJECTS.— 2
‘‘(A) IN GENERAL.—The Secretary shall 3
review— 4
‘‘(i) existing practices, procedures, 5
rules, regulations, and applicable laws to 6
identify impediments to meeting the re-7
quirements applicable to major infrastruc-8
ture projects under this section; and 9
‘‘(ii) best practices, programmatic 10
agreements, and potential changes to inter-11
nal departmental procedures that would fa-12
cilitate an efficient environmental review 13
process for major infrastructure projects. 14
‘‘(B) CONSULTATION.—In conducting the 15
review under subparagraph (A), the Secretary 16
shall consult, as appropriate, with the heads of 17
other Federal agencies that participate in the 18
environmental review process. 19
‘‘(C) REPORT.—Not later than 2 years 20
after the date of enactment of the America’s 21
Transportation Infrastructure Act of 2019, the 22
Secretary shall submit to the Committee on En-23
vironment and Public Works of the Senate and 24
the Committee on Transportation and Infra-25
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structure of the House of Representatives a re-1
port that includes— 2
‘‘(i) the results of the review under 3
subparagraph (A); and 4
‘‘(ii) an analysis of whether additional 5
funding would help the Secretary meet the 6
requirements applicable to major infra-7
structure projects under this section.’’; 8
(5) in subsection (d)— 9
(A) in paragraph (8)— 10
(i) in the paragraph heading, by strik-11
ing ‘‘NEPA’’ and inserting ‘‘ENVIRON-12
MENTAL’’; 13
(ii) in subparagraph (A)— 14
(I) by inserting ‘‘and except as 15
provided in subparagraph (D)’’ after 16
‘‘paragraph (7)’’; 17
(II) by striking ‘‘permits’’ and in-18
serting ‘‘authorizations’’; and 19
(III) by striking ‘‘single environ-20
ment document’’ and inserting ‘‘single 21
environmental document for each kind 22
of environmental document’’; 23
(iii) in subparagraph (B)(i)— 24
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(I) by striking ‘‘an environmental 1
document’’ and inserting ‘‘environ-2
mental documents’’; and 3
(II) by striking ‘‘permits issued’’ 4
and inserting ‘‘authorizations’’; and 5
(iv) by adding at the end the fol-6
lowing: 7
‘‘(D) EXCEPTIONS.—The lead agency may 8
waive the application of subparagraph (A) with 9
respect to a project if— 10
‘‘(i) the project sponsor requests that 11
agencies issue separate environmental doc-12
uments; 13
‘‘(ii) the obligations of a cooperating 14
agency or participating agency under the 15
National Environmental Policy Act of 16
1969 (42 U.S.C. 4321 et seq.) have al-17
ready been satisfied with respect to the 18
project; or 19
‘‘(iii) the lead agency determines that 20
reliance on a single environmental docu-21
ment (as described in subparagraph (A)) 22
would not facilitate timely completion of 23
the environmental review process for the 24
project.’’; and 25
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(B) by adding at the end the following: 1
‘‘(10) TIMELY AUTHORIZATIONS FOR MAJOR IN-2
FRASTRUCTURE PROJECTS.— 3
‘‘(A) DEADLINE.—Except as provided in 4
subparagraph (C), all authorization decisions 5
necessary for the construction of a major infra-6
structure project shall be completed by not later 7
than 90 days after the date of the issuance of 8
a record of decision for the major infrastructure 9
project. 10
‘‘(B) DETAIL.—The final environmental 11
impact statement for a major infrastructure 12
project shall include an adequate level of detail 13
to inform decisions necessary for the role of the 14
participating agencies in the environmental re-15
view process. 16
‘‘(C) EXTENSION OF DEADLINE.—The 17
head of the lead agency may extend the dead-18
line under subparagraph (A) if— 19
‘‘(i) Federal law prohibits the lead 20
agency or another agency from issuing an 21
approval or permit within the period de-22
scribed in that subparagraph; 23
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‘‘(ii) the project sponsor requests that 1
the permit or approval follow a different 2
timeline; or 3
‘‘(iii) an extension would facilitate 4
completion of the environmental review and 5
authorization process of the major infra-6
structure project.’’; 7
(6) in subsection (g)(1)— 8
(A) in subparagraph (B)— 9
(i) in clause (ii)(IV), by striking 10
‘‘schedule for and cost of’’ and inserting 11
‘‘time required by an agency to conduct an 12
environmental review and make decisions 13
under applicable Federal law relating to a 14
project (including the issuance or denial of 15
a permit or license) and the cost of’’; and 16
(ii) by adding at the end the fol-17
lowing: 18
‘‘(iii) MAJOR INFRASTRUCTURE 19
PROJECT SCHEDULE.—To the maximum 20
extent practicable and consistent with ap-21
plicable Federal law, in the case of a major 22
infrastructure project, the lead agency 23
shall develop a schedule for the major in-24
frastructure project that is consistent with 25
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an agency average of not more than 2 1
years for the completion of the environ-2
mental review process for major infrastruc-3
ture projects, as measured from the date 4
of publication of a notice of intent to pre-5
pare an environmental impact statement to 6
the record of decision.’’; 7
(B) by striking subparagraph (D) and in-8
serting the following: 9
‘‘(D) MODIFICATION.— 10
‘‘(i) IN GENERAL.—Except as pro-11
vided in clause (ii), the lead agency may 12
lengthen or shorten a schedule established 13
under subparagraph (B) for good cause. 14
‘‘(ii) EXCEPTIONS.— 15
‘‘(I) MAJOR INFRASTRUCTURE 16
PROJECTS.—In the case of a major 17
infrastructure project, the lead agency 18
may lengthen a schedule under clause 19
(i) for a cooperating Federal agency 20
by not more than 1 year after the lat-21
est deadline established for the major 22
infrastructure project by the lead 23
agency. 24
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‘‘(II) SHORTENED SCHED-1
ULES.—The lead agency may not 2
shorten a schedule under clause (i) if 3
doing so would impair the ability of a 4
cooperating Federal agency to conduct 5
necessary analyses or otherwise carry 6
out relevant obligations of the Federal 7
agency for the project.’’; 8
(C) by redesignating subparagraph (E) as 9
subparagraph (F); and 10
(D) by inserting after subparagraph (D) 11
the following: 12
‘‘(E) FAILURE TO MEET DEADLINE.—If a 13
cooperating Federal agency fails to meet a 14
deadline established under subparagraph 15
(D)(ii)(I)— 16
‘‘(i) the cooperating Federal agency 17
shall submit to the Secretary a report that 18
describes the reasons why the deadline was 19
not met; and 20
‘‘(ii) the Secretary shall— 21
‘‘(I) transmit to the Committee 22
on Environment and Public Works of 23
the Senate and the Committee on 24
Transportation and Infrastructure of 25
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the House of Representatives a copy 1
of the report under clause (i); and 2
‘‘(II) make the report under 3
clause (i) publicly available on the 4
internet.’’; and 5
(7) by adding at the end the following: 6
‘‘(p) ACCOUNTABILITY AND REPORTING FOR MAJOR 7
INFRASTRUCTURE PROJECTS.— 8
‘‘(1) IN GENERAL.—The Secretary shall estab-9
lish a performance accountability system to track 10
each major infrastructure project. 11
‘‘(2) REQUIREMENTS.—The performance ac-12
countability system under paragraph (1) shall, for 13
each major infrastructure project, track, at a min-14
imum— 15
‘‘(A) the environmental review process for 16
the major infrastructure project, including the 17
project schedule; 18
‘‘(B) whether the lead agency, cooperating 19
agencies, and participating agencies are meet-20
ing the schedule established for the environ-21
mental review process; and 22
‘‘(C) the time taken to complete the envi-23
ronmental review process. 24
‘‘(q) ADOPTION OF CATEGORICAL EXCLUSIONS.— 25
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‘‘(1) IN GENERAL.—Not later than 60 days 1
after the date of enactment of this subsection, the 2
Secretary shall— 3
‘‘(A) in consultation with the entities de-4
scribed in paragraph (2), identify the categor-5
ical exclusions described in section 771.117 of 6
title 23, Code of Federal Regulations (or suc-7
cessor regulations), that would accelerate deliv-8
ery of a project if those categorical exclusions 9
were available to those entities; 10
‘‘(B) collect existing documentation and 11
substantiating information on the categorical 12
exclusions described in subparagraph (A); and 13
‘‘(C) provide to each entity described in 14
paragraph (2) a list of the categorical exclu-15
sions identified under subparagraph (A) and 16
the documentation and substantiating informa-17
tion under subparagraph (B). 18
‘‘(2) ENTITIES DESCRIBED.—The entities re-19
ferred to in paragraph (1) are— 20
‘‘(A) the Secretary of the Interior; 21
‘‘(B) the Secretary of the Army; 22
‘‘(C) the Secretary of Commerce; 23
‘‘(D) the Secretary of Agriculture; 24
‘‘(E) the Secretary of Energy; 25
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‘‘(F) the Secretary of Defense; and 1
‘‘(G) the head of any other Federal agency 2
that has participated in an environmental re-3
view process, as determined by the Secretary. 4
‘‘(3) ADOPTION OF CATEGORICAL EXCLU-5
SIONS.—If an entity described in paragraph (2) de-6
termines that a categorical exclusion identified under 7
paragraph (1)(A) meets the criteria for a categorical 8
exclusion under section 1508.4 of title 40, Code of 9
Federal Regulations (or successor regulations), not 10
later than 2 years after the date on which the Sec-11
retary provides the list under paragraph (1)(C), the 12
entity shall publish a notice of proposed rulemaking 13
to propose a new categorical exclusion.’’. 14
(b) CLERICAL AMENDMENT.—The analysis for chap-15
ter 1 of title 23, United States Code, is amended by strik-16
ing the item relating to section 139 and inserting the fol-17
lowing: 18
‘‘139. Efficient environmental reviews for project decisionmaking and One Fed-
eral Decision.’’.
SEC. 1302. WORK ZONE PROCESS REVIEWS. 19
The Secretary shall amend section 630.1008(e) of 20
title 23, Code of Federal Regulations, to ensure that the 21
work zone process review under that subsection is required 22
not more frequently than once every 5 years. 23
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SEC. 1303. TRANSPORTATION MANAGEMENT PLANS. 1
(a) IN GENERAL.—The Secretary shall amend sec-2
tion 630.1010(c) of title 23, Code of Federal Regulations, 3
to ensure that only a project described in that subsection 4
with a lane closure for 3 or more consecutive days shall 5
be considered to be a significant project for purposes of 6
that section. 7
(b) NON-INTERSTATE PROJECTS.—Notwithstanding 8
any other provision of law, a State shall not be required 9
to develop or implement a transportation management 10
plan (as described in section 630.1012 of title 23, Code 11
of Federal Regulations (or successor regulations)) for a 12
highway project not on the Interstate System if the project 13
requires not more than 3 consecutive days of lane closures. 14
SEC. 1304. INTELLIGENT TRANSPORTATION SYSTEMS. 15
(a) IN GENERAL.—The Secretary shall develop guid-16
ance for using existing flexibilities with respect to the sys-17
tems engineering analysis described in part 940 of title 18
23, Code of Federal Regulations (or successor regula-19
tions). 20
(b) IMPLEMENTATION.—The Secretary shall ensure 21
that any guidance developed under subsection (a)— 22
(1) clearly identifies criteria for low-risk and ex-23
empt intelligent transportation systems projects, 24
with a goal of minimizing unnecessary delay or pa-25
perwork burden; 26
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(2) is consistently implemented by the Depart-1
ment nationwide; and 2
(3) is disseminated to Federal-aid recipients. 3
(c) SAVINGS PROVISION.—Nothing in this section 4
prevents the Secretary from amending part 940 of title 5
23, Code of Federal Regulations (or successor regula-6
tions), to reduce State administrative burdens. 7
SEC. 1305. ALTERNATIVE CONTRACTING METHODS. 8
(a) ALTERNATIVE CONTRACTING METHODS FOR 9
FEDERAL LAND MANAGEMENT AGENCIES AND TRIBAL 10
GOVERNMENTS.—Section 201 of title 23, United States 11
Code, is amended by adding at the end the following: 12
‘‘(f) ALTERNATIVE CONTRACTING METHODS.— 13
‘‘(1) IN GENERAL.—Notwithstanding any other 14
provision of law (including the Federal Acquisition 15
Regulation), a contracting method available to a 16
State under this title may be used by the Secretary, 17
on behalf of— 18
‘‘(A) a Federal land management agency, 19
in using any funds pursuant to sections 203, 20
204, or 308; 21
‘‘(B) a Federal land management agency, 22
in using any funds pursuant to section 1535 of 23
title 31 for any of the eligible uses described in 24
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sections 203(a)(1) and 204(a)(1) and para-1
graphs (1) and (2) of section 308(a); or 2
‘‘(C) a Tribal government, in using funds 3
pursuant to section 202(b)(7)(D). 4
‘‘(2) METHODS DESCRIBED.—The contracting 5
methods referred to in paragraph (1) shall include, 6
at a minimum— 7
‘‘(A) project bundling; 8
‘‘(B) bridge bundling; 9
‘‘(C) design-build contracting; 10
‘‘(D) 2-phase contracting; 11
‘‘(E) long-term concession agreements; and 12
‘‘(F) any method tested, or that could be 13
tested, under an experimental program relating 14
to contracting methods carried out by the Sec-15
retary. 16
‘‘(3) EFFECT.—Nothing in this subsection— 17
‘‘(A) affects the application of the Federal 18
share for the project carried out with a con-19
tracting method under this subsection; or 20
‘‘(B) modifies the point of obligation of 21
Federal salaries and expenses.’’. 22
(b) COOPERATION WITH FEDERAL AND STATE 23
AGENCIES AND FOREIGN COUNTRIES.—Section 308(a) of 24
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title 23, United States Code, is amended by adding at the 1
end the following: 2
‘‘(4) ALTERNATIVE CONTRACTING METHODS.— 3
‘‘(A) IN GENERAL.—Notwithstanding any 4
other provision of law (including the Federal 5
Acquisition Regulation), in performing services 6
under paragraph (1), the Secretary may use 7
any contracting method available to a State 8
under this title. 9
‘‘(B) METHODS DESCRIBED.—The con-10
tracting methods referred to in subparagraph 11
(A) shall include, at a minimum— 12
‘‘(i) project bundling; 13
‘‘(ii) bridge bundling; 14
‘‘(iii) design-build contracting; 15
‘‘(iv) 2-phase contracting; 16
‘‘(v) long-term concession agreements; 17
and 18
‘‘(vi) any method tested, or that could 19
be tested, under an experimental program 20
relating to contracting methods carried out 21
by the Secretary.’’. 22
(c) USE OF ALTERNATIVE CONTRACTING METH-23
ODS.—In carrying out an alternative contracting method 24
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under section 201(f) or 308(a)(4) of title 23, United 1
States Code, the Secretary shall— 2
(1) in consultation with the applicable Federal 3
land management agencies, establish clear proce-4
dures that are— 5
(A) applicable to the alternative con-6
tracting method; and 7
(B) to the maximum extent practicable, 8
consistent with the requirements applicable to 9
Federal procurement transactions; 10
(2) solicit input on the use of the alternative 11
contracting method from the affected industry prior 12
to using the method; and 13
(3) analyze and prepare an evaluation of the 14
use of the alternative contracting method. 15
SEC. 1306. FLEXIBILITY FOR PROJECTS. 16
Section 1420 of the FAST Act (23 U.S.C. 101 note; 17
Public Law 114–94) is amended— 18
(1) in subsection (a), by striking ‘‘and on re-19
quest by a State, the Secretary may’’ in the matter 20
preceding paragraph (1) and all that follows through 21
the period at the end of paragraph (2) and inserting 22
the following: ‘‘, on request by a State, and if in the 23
public interest (as determined by the Secretary), the 24
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Secretary shall exercise all existing flexibilities 1
under— 2
‘‘(1) the requirements of title 23, United States 3
Code; and 4
‘‘(2) other requirements administered by the 5
Secretary, in whole or in part.’’; and 6
(2) in subsection (b)(2)(A), by inserting ‘‘(in-7
cluding regulations)’’ after ‘‘environmental law’’. 8
SEC. 1307. IMPROVED FEDERAL-STATE STEWARDSHIP AND 9
OVERSIGHT AGREEMENTS. 10
(a) DEFINITION OF TEMPLATE.—In this section, the 11
term ‘‘template’’ means a template created by the Sec-12
retary for Federal-State stewardship and oversight agree-13
ments that— 14
(1) includes all standard terms found in stew-15
ardship and oversight agreements, including any 16
terms in an attachment to the agreement; 17
(2) is developed in accordance with section 106 18
of title 23, United States Code, or any other applica-19
ble authority; and 20
(3) may be developed with consideration of rel-21
evant regulations, guidance, or policies. 22
(b) REQUEST FOR COMMENT.— 23
(1) IN GENERAL.—Not later than 60 days after 24
the date of enactment of this Act, the Secretary 25
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shall publish in the Federal Register the template 1
and a notice requesting public comment on ways to 2
improve the template. 3
(2) COMMENT PERIOD.—The Secretary shall 4
provide a period of not less than 60 days for public 5
comment on the notice under paragraph (1). 6
(3) CERTAIN ISSUES.—The notice under para-7
graph (1) shall allow comment on any aspect of the 8
template and shall specifically request public com-9
ment on— 10
(A) whether the template should be revised 11
to delete standard terms requiring approval by 12
the Secretary of the policies, procedures, proc-13
esses, or manuals of the States, or other State 14
actions, if Federal law (including regulations) 15
does not specifically require an approval; 16
(B) opportunities to modify the template to 17
allow adjustments to the review schedules for 18
State practices or actions, including through 19
risk-based approaches, program reviews, process 20
reviews, or other means; and 21
(C) any other matters that the Secretary 22
determines to be appropriate. 23
(c) NOTICE OF ACTION; UPDATES.— 24
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(1) IN GENERAL.—Not later than 1 year after 1
the date of enactment of this Act, after considering 2
the comments received in response to the Federal 3
Register notice under subsection (b), the Secretary 4
shall publish in the Federal Register a notice that— 5
(A) describes any proposed changes to be 6
made, and any alternatives to such changes, to 7
the template; 8
(B) addresses comments in response to 9
which changes were not made to the template; 10
and 11
(C) prescribes a schedule and a plan to 12
execute a process for implementing the changes 13
referred to in subparagraph (A). 14
(2) APPROVAL REQUIREMENTS.—In addressing 15
comments under paragraph (1)(B), the Secretary 16
shall include an explanation of the basis for retain-17
ing any requirement for approval of State policies, 18
procedures, processes, or manuals, or other State ac-19
tions, if Federal law (including regulations) does not 20
specifically require the approval. 21
(3) IMPLEMENTATION.— 22
(A) IN GENERAL.—Not later than 60 days 23
after the date on which the notice under para-24
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graph (1) is published, the Secretary shall make 1
changes to the template in accordance with— 2
(i) the changes described in the notice 3
under paragraph (1)(A); and 4
(ii) the schedule and plan described in 5
the notice under paragraph (1)(C). 6
(B) UPDATES.—Not later than 1 year 7
after the date on which the revised template 8
under subparagraph (A) is published, the Sec-9
retary shall update existing agreements with 10
States according to the template updated under 11
subparagraph (A). 12
(d) INCLUSION OF NON-STANDARD TERMS.—Noth-13
ing in this section precludes the inclusion in a Federal- 14
State stewardship and oversight agreement of non-stand-15
ard terms to address a State-specific matter, including 16
risk-based stewardship and Department oversight involve-17
ment in individual projects of division interest. 18
(e) COMPLIANCE WITH NON-STATUTORY TERMS.— 19
(1) IN GENERAL.—The Secretary shall not en-20
force or otherwise require a State to comply with ap-21
proval requirements that are not required by Federal 22
law (including regulations) in a Federal-State stew-23
ardship and oversight agreement. 24
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(2) APPROVAL AUTHORITY.—Notwithstanding 1
any other provision of law, the Secretary shall not 2
assert approval authority over any matter in a Fed-3
eral-State stewardship and oversight agreement re-4
served to States. 5
(f) FREQUENCY OF REVIEWS.—Section 106(g)(3) of 6
title 23, United States Code, is amended— 7
(1) by striking ‘‘annual’’; 8
(2) by striking ‘‘The Secretary’’ and inserting 9
the following: 10
‘‘(A) IN GENERAL.—The Secretary’’; and 11
(3) by adding at the end the following: 12
‘‘(B) FREQUENCY.— 13
‘‘(i) IN GENERAL.—Except as pro-14
vided in clauses (ii) and (iii), the Secretary 15
shall carry out a review under subpara-16
graph (A) not less frequently than once 17
every 2 years. 18
‘‘(ii) CONSULTATION WITH STATE.— 19
The Secretary, after consultation with a 20
State, may make a determination to carry 21
out a review under subparagraph (A) for 22
that State less frequently than provided 23
under clause (i). 24
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‘‘(iii) CAUSE.—If the Secretary deter-1
mines that there is a specific reason to re-2
quire a review more frequently than pro-3
vided under clause (i) with respect to a 4
State, the Secretary may carry out a re-5
view more frequently than provided under 6
that clause.’’. 7
SEC. 1308. GEOMATIC DATA. 8
(a) IN GENERAL.—The Secretary shall develop guid-9
ance for the acceptance and use of information obtained 10
from a non-Federal entity through geomatic techniques, 11
including remote sensing and land surveying, cartography, 12
geographic information systems, global navigation satellite 13
systems, photogrammetry, or other remote means. 14
(b) CONSIDERATIONS.—In carrying out this section, 15
the Secretary shall ensure that acceptance or use of infor-16
mation described in subsection (a) meets the data quality 17
and operational requirements of the Secretary. 18
(c) PUBLIC COMMENT.—Before issuing any final 19
guidance under subsection (a), the Secretary shall provide 20
to the public— 21
(1) notice of the proposed guidance; and 22
(2) an opportunity to comment on the proposed 23
guidance. 24
(d) SAVINGS CLAUSE.—Nothing in this section— 25
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(1) requires the Secretary to accept or use in-1
formation that the Secretary determines does not 2
meet the guidance developed under this section; or 3
(2) changes the current statutory or regulatory 4
requirements of the Department. 5
SEC. 1309. EVALUATION OF PROJECTS WITHIN AN OPER-6
ATIONAL RIGHT-OF-WAY. 7
(a) IN GENERAL.—Chapter 3 of title 23, United 8
States Code, is amended by adding at the end the fol-9
lowing: 10
‘‘§ 331. Evaluation of projects within an operational 11
right-of-way 12
‘‘(a) DEFINITIONS.— 13
‘‘(1) ELIGIBLE PROJECT OR ACTIVITY.— 14
‘‘(A) IN GENERAL.—In this section, the 15
term ‘eligible project or activity’ means a 16
project or activity within an existing operational 17
right-of-way (as defined in section 18
771.117(c)(22) of title 23, Code of Federal 19
Regulations (or successor regulations))— 20
‘‘(i)(I) eligible for assistance under 21
this title; or 22
‘‘(II) administered as if made avail-23
able under this title; 24
‘‘(ii) that is— 25
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‘‘(I) a preventive maintenance, 1
preservation, or highway safety im-2
provement project (as defined in sec-3
tion 148(a)); or 4
‘‘(II) a new turn lane that the 5
State advises in writing to the Sec-6
retary would assist public safety; and 7
‘‘(iii) that— 8
‘‘(I) is classified as a categorical 9
exclusion under section 771.117 of 10
title 23, Code of Federal Regulations 11
(or successor regulations); or 12
‘‘(II) if the project or activity 13
does not receive assistance described 14
in clause (i) would be considered a 15
categorical exclusion if the project or 16
activity received assistance described 17
in clause (i). 18
‘‘(B) EXCLUSION.—The term ‘eligible 19
project or activity’ does not include a project to 20
create a new travel lane. 21
‘‘(2) PRELIMINARY EVALUATION.—The term 22
‘preliminary evaluation’, with respect to an applica-23
tion described in subsection (b)(1), means an evalua-24
tion that is customary or practicable for the relevant 25
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agency to complete within a 45-day period for simi-1
lar applications. 2
‘‘(3) RELEVANT AGENCY.—The term ‘relevant 3
agency’ means a Federal agency, other than the 4
Federal Highway Administration, with responsibility 5
for review of an application from a State for a per-6
mit, approval, or jurisdictional determination for an 7
eligible project or activity. 8
‘‘(b) ACTION REQUIRED.— 9
‘‘(1) IN GENERAL.—Subject to paragraph (2), 10
not later than 45 days after the date of receipt of 11
an application by a State for a permit, approval, or 12
jurisdictional determination for an eligible project or 13
activity, the head of the relevant agency shall— 14
‘‘(A) make at least a preliminary evalua-15
tion of the application; and 16
‘‘(B) notify the State of the results of the 17
preliminary evaluation under subparagraph (A). 18
‘‘(2) EXTENSION.—The head of the relevant 19
agency may extend the review period under para-20
graph (1) by not more than 30 days if the head of 21
the relevant agency provides to the State written no-22
tice that includes an explanation of the need for the 23
extension. 24
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‘‘(3) FAILURE TO ACT.—If the head of the rel-1
evant agency fails to meet a deadline under para-2
graph (1) or (2), as applicable, the head of the rel-3
evant agency shall— 4
‘‘(A) not later than 30 days after the date 5
of the missed deadline, submit to the State, the 6
Committee on Environment and Public Works 7
of the Senate, and the Committee on Transpor-8
tation and Infrastructure of the House of Rep-9
resentatives a report that describes why the 10
deadline was missed; and 11
‘‘(B) not later than 14 days after the date 12
on which a report is submitted under subpara-13
graph (A), make publicly available, including on 14
the internet, a copy of that report.’’. 15
(b) CLERICAL AMENDMENT.—The analysis for chap-16
ter 3 of title 23, United States Code, is amended by add-17
ing at the end the following: 18
‘‘331. Evaluation of projects within an operational right-of-way.’’.
SEC. 1310. DEPARTMENT OF TRANSPORTATION REPORTS. 19
(a) IN GENERAL.—Chapter 3 of title 23, United 20
States Code (as amended by section 1309(a)), is amended 21
by adding at the end the following: 22
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‘‘§ 332. Department of Transportation reports 1
‘‘(a) DEFINITION OF DASHBOARD.—In this section, 2
the term ‘Dashboard’ has the meaning given the term in 3
section 41001 of the FAST Act (42 U.S.C. 4370m). 4
‘‘(b) REPORTS.—Not later than January 31 of each 5
year, the Secretary shall submit to the Committee on En-6
vironment and Public Works of the Senate and the Com-7
mittee on Transportation and Infrastructure of the House 8
of Representatives a report with respect to any projects, 9
programs, or authorities under this title (other than chap-10
ter 4) that includes— 11
‘‘(1) for the preceding fiscal year— 12
‘‘(A) the median time described in sub-13
section (c)(1) posted on the Dashboard for 14
projects described in subsection (c)(2); 15
‘‘(B) a list of any new categorical exclu-16
sions adopted by the Department and listed 17
under section 771.117 of title 23, Code of Fed-18
eral Regulations (or successor regulations); and 19
‘‘(C) a list of all regulatory requirements 20
that have been removed or reduced and, if 21
available, a summary of the cost savings result-22
ing from the removal or reduction to— 23
‘‘(i) States; 24
‘‘(ii) units of Tribal and local govern-25
ment; and 26
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‘‘(iii) the public; and 1
‘‘(2) for the current fiscal year— 2
‘‘(A) an estimate or documentation of the 3
median time elapsed between— 4
‘‘(i) the date of the publication in the 5
Federal Register of a notice of intent to 6
prepare an environmental impact state-7
ment; and 8
‘‘(ii) the date of the record of decision 9
with respect to that environmental impact 10
statement by the Department; and 11
‘‘(B) if available, a summary of the cost 12
savings, including cost savings to States, units 13
of Tribal and local government, and the public, 14
resulting from the removal or reduction of regu-15
latory requirements. 16
‘‘(c) FEDERAL PERMITTING DASHBOARD.— 17
‘‘(1) IN GENERAL.—Not later than January 31 18
of each year, the Secretary shall provide to the Ex-19
ecutive Director of the Federal Permitting Improve-20
ment Steering Council established under section 21
41002(a) of the FAST Act (42 U.S.C. 4370m–1(a)), 22
to make available on the Dashboard, with respect to 23
projects described in paragraph (2), the median time 24
elapsed between— 25
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‘‘(A) the publication in the Federal Reg-1
ister of the notice of intent to prepare an envi-2
ronmental impact statement; and 3
‘‘(B) the date of issuance of the record of 4
decision with respect to that environmental im-5
pact statement by the Department of Transpor-6
tation. 7
‘‘(2) PROJECTS DESCRIBED.—A project re-8
ferred to in paragraph (1) is a project for which— 9
‘‘(A) a record of decision for an environ-10
mental impact statement was issued during the 11
preceding fiscal year; and 12
‘‘(B) the Department of Transportation is 13
a lead agency (as defined in section 139).’’. 14
(b) CLERICAL AMENDMENT.—The analysis for chap-15
ter 3 of title 23, United States Code (as amended by sec-16
tion 1309(b)), is amended by adding at the end the fol-17
lowing: 18
‘‘332. Department of Transportation reports.’’.
Subtitle D—Climate Change 19
SEC. 1401. GRANTS FOR CHARGING AND FUELING INFRA-20
STRUCTURE TO MODERNIZE AND RECON-21
NECT AMERICA FOR THE 21ST CENTURY. 22
(a) PURPOSE.—The purpose of this section is to es-23
tablish a grant program to strategically deploy electric ve-24
hicle charging infrastructure, hydrogen fueling infrastruc-25
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ture, and natural gas fueling infrastructure along des-1
ignated alternative fuel corridors that will be accessible to 2
all drivers of electric vehicles, hydrogen vehicles, and nat-3
ural gas vehicles. 4
(b) GRANT PROGRAM.—Section 151 of title 23, 5
United States Code, is amended— 6
(1) in subsection (a), by striking ‘‘Not later 7
than 1 year after the date of enactment of the 8
FAST Act, the Secretary shall’’ and inserting ‘‘The 9
Secretary shall periodically’’; 10
(2) in subsection (b)(2), by inserting ‘‘pre-11
viously designated by the Federal Highway Adminis-12
tration or’’ before ‘‘designated by’’; 13
(3) in subsection (d)— 14
(A) by striking ‘‘5 years after the date of 15
establishment of the corridors under subsection 16
(a), and every 5 years thereafter,’’ and insert-17
ing ‘‘180 days after the date of enactment of 18
the America’s Transportation Infrastructure 19
Act of 2019,’’; and 20
(B) by inserting ‘‘establish a recurring 21
process to regularly’’ before ‘‘update’’; 22
(4) in subsection (e)— 23
(A) in paragraph (1), by striking ‘‘and’’ at 24
the end; 25
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(B) in paragraph (2)— 1
(i) by striking ‘‘establishes an aspira-2
tional goal of achieving’’ and inserting ‘‘de-3
scribes efforts, including through funds 4
awarded through the grant program under 5
subsection (f), that will aid efforts to 6
achieve’’; and 7
(ii) by striking ‘‘by the end of fiscal 8
year 2020.’’ and inserting ‘‘; and’’; and 9
(C) by adding at the end the following: 10
‘‘(3) summarizes best practices and provides 11
guidance, developed through consultation with the 12
Secretary of Energy, for project development of elec-13
tric vehicle charging infrastructure, hydrogen fueling 14
infrastructure, and natural gas fueling infrastruc-15
ture at the State, Tribal, and local level to allow for 16
the predictable deployment of that infrastructure.’’; 17
and 18
(5) by adding at the end the following: 19
‘‘(f) GRANT PROGRAM.— 20
‘‘(1) ESTABLISHMENT.—Not later than 1 year 21
after the date of enactment of the America’s Trans-22
portation Infrastructure Act of 2019, the Secretary 23
shall establish a grant program to award grants to 24
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eligible entities to carry out the activities described 1
in paragraph (5). 2
‘‘(2) ELIGIBLE ENTITIES.—An entity eligible to 3
receive a grant under this subsection is— 4
‘‘(A) a State or political subdivision of a 5
State; 6
‘‘(B) a metropolitan planning organization; 7
‘‘(C) a unit of local government; 8
‘‘(D) a special purpose district or public 9
authority with a transportation function, includ-10
ing a port authority; 11
‘‘(E) an Indian tribe (as defined in section 12
4 of the Indian Self-Determination and Edu-13
cation Assistance Act (25 U.S.C. 5304)); 14
‘‘(F) an authority, agency, or instrumen-15
tality of, or an entity owned by, 1 or more enti-16
ties described in subparagraphs (A) through 17
(E); or 18
‘‘(G) a group of entities described in sub-19
paragraphs (A) through (F). 20
‘‘(3) APPLICATIONS.—To be eligible to receive a 21
grant under this subsection, an eligible entity shall 22
submit to the Secretary an application at such time, 23
in such manner, and containing such information as 24
the Secretary shall require, including— 25
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‘‘(A) a description of how the eligible enti-1
ty has considered— 2
‘‘(i) public accessibility of charging or 3
fueling infrastructure proposed to be fund-4
ed with a grant under this subsection, in-5
cluding— 6
‘‘(I) charging or fueling con-7
nector types and publicly available in-8
formation on real-time availability; 9
and 10
‘‘(II) payment methods to ensure 11
secure, convenient, fair, and equal ac-12
cess; 13
‘‘(ii) collaborative engagement with 14
stakeholders (including automobile manu-15
facturers, utilities, infrastructure pro-16
viders, technology providers, electric charg-17
ing, hydrogen, and natural gas fuel pro-18
viders, metropolitan planning organiza-19
tions, States, Indian tribes, and units of 20
local governments, fleet owners, fleet man-21
agers, fuel station owners and operators, 22
labor organizations, infrastructure con-23
struction and component parts suppliers, 24
and multi-State and regional entities)— 25
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‘‘(I) to foster enhanced, coordi-1
nated, public-private or private invest-2
ment in electric vehicle charging infra-3
structure, hydrogen fueling infrastruc-4
ture, or natural gas fueling infrastruc-5
ture; 6
‘‘(II) to expand deployment of 7
electric vehicle charging infrastruc-8
ture, hydrogen fueling infrastructure, 9
or natural gas fueling infrastructure; 10
‘‘(III) to protect personal privacy 11
and ensure cybersecurity; and 12
‘‘(IV) to ensure that a properly 13
trained workforce is available to con-14
struct and install electric vehicle 15
charging infrastructure, hydrogen 16
fueling infrastructure, or natural gas 17
fueling infrastructure; 18
‘‘(iii) the location of the station or 19
fueling site, such as consideration of— 20
‘‘(I) the availability of onsite 21
amenities for vehicle operators, such 22
as restrooms or food facilities; 23
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‘‘(II) access in compliance with 1
the Americans with Disabilities Act of 2
1990 (42 U.S.C. 12101 et seq.); 3
‘‘(III) height and fueling capacity 4
requirements for facilities that charge 5
or refuel large vehicles, such as semi- 6
trailer trucks; and 7
‘‘(IV) appropriate distribution to 8
avoid redundancy and fill charging or 9
fueling gaps; 10
‘‘(iv) infrastructure installation that 11
can be responsive to technology advance-12
ments, such as accommodating autono-13
mous vehicles and future charging meth-14
ods; and 15
‘‘(v) the long-term operation and 16
maintenance of the electric vehicle charg-17
ing infrastructure, hydrogen fueling infra-18
structure, or natural gas fueling infra-19
structure, to avoid stranded assets and 20
protect the investment of public funds in 21
that infrastructure; and 22
‘‘(B) an assessment of the estimated emis-23
sions that will be reduced through the use of 24
electric vehicle charging infrastructure, hydro-25
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gen fueling infrastructure, or natural gas fuel-1
ing infrastructure, which shall be conducted 2
using the Alternative Fuel Life-Cycle Environ-3
mental and Economic Transportation 4
(AFLEET) tool developed by Argonne National 5
Laboratory (or a successor tool). 6
‘‘(4) CONSIDERATIONS.—In selecting eligible 7
entities to receive a grant under this subsection, the 8
Secretary shall— 9
‘‘(A) consider the extent to which the ap-10
plication of the eligible entity would— 11
‘‘(i) improve alternative fueling cor-12
ridor networks by— 13
‘‘(I) converting corridor-pending 14
corridors to corridor-ready corridors; 15
or 16
‘‘(II) in the case of corridor- 17
ready corridors, providing redun-18
dancy— 19
‘‘(aa) to meet excess demand 20
for charging or fueling infra-21
structure; or 22
‘‘(bb) to reduce congestion 23
at existing charging or fueling in-24
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frastructure in high-traffic loca-1
tions; 2
‘‘(ii) meet current or anticipated mar-3
ket demands for charging or fueling infra-4
structure; 5
‘‘(iii) enable or accelerate the con-6
struction of charging or fueling infrastruc-7
ture that would be unlikely to be completed 8
without Federal assistance; and 9
‘‘(iv) support a long-term competitive 10
market for electric vehicle charging infra-11
structure, hydrogen fueling infrastructure, 12
or natural gas fueling infrastructure that 13
does not significantly impair existing elec-14
tric vehicle charging infrastructure, hydro-15
gen fueling infrastructure, or natural gas 16
fueling infrastructure providers; 17
‘‘(B) ensure, to the maximum extent prac-18
ticable, geographic diversity among grant recipi-19
ents to ensure that electric vehicle charging in-20
frastructure, hydrogen fueling infrastructure, or 21
natural gas fueling infrastructure is available 22
throughout the United States; 23
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‘‘(C) consider whether the private entity 1
that the eligible entity contracts with under 2
paragraph (5)— 3
‘‘(i) submits to the Secretary the most 4
recent year of audited financial statements; 5
and 6
‘‘(ii) has experience in installing and 7
operating electric vehicle charging infra-8
structure, hydrogen fueling infrastructure, 9
or natural gas fueling infrastructure; and 10
‘‘(D) consider whether, to the maximum 11
extent practicable, the eligible entity and the 12
private entity that the eligible entity contracts 13
with under paragraph (5) enter into an agree-14
ment— 15
‘‘(i) to operate and maintain publicly 16
available electric vehicle charging infra-17
structure, hydrogen fueling infrastructure, 18
or natural gas infrastructure; and 19
‘‘(ii) that provides a remedy and an 20
opportunity to cure if the requirements de-21
scribed in clause (i) are not met. 22
‘‘(5) USE OF FUNDS.— 23
‘‘(A) IN GENERAL.—An eligible entity re-24
ceiving a grant under this subsection shall only 25
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use the funds in accordance with this paragraph 1
to contract with a private entity for acquisition 2
and installation of publicly accessible electric 3
vehicle charging infrastructure, hydrogen fuel-4
ing infrastructure, or natural gas fueling infra-5
structure that is directly related to the charging 6
or fueling of a vehicle. 7
‘‘(B) LOCATION OF INFRASTRUCTURE.— 8
Any electric vehicle charging infrastructure, hy-9
drogen fueling infrastructure, or natural gas 10
fueling infrastructure acquired and installed 11
with a grant under this subsection shall be lo-12
cated along an alternative fuel corridor des-13
ignated— 14
‘‘(i) under this section, on the condi-15
tion that any affected Indian tribes are 16
consulted before the designation; or 17
‘‘(ii) by a State or group of States, 18
such as the Regional Electric Vehicle West 19
Plan of the States of Arizona, Colorado, 20
Idaho, Montana, Nevada, New Mexico, 21
Utah, and Wyoming, on the condition that 22
any affected Indian tribes are consulted 23
before the designation. 24
‘‘(C) OPERATING ASSISTANCE.— 25
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‘‘(i) IN GENERAL.—Subject to clauses 1
(ii) and (iii), an eligible entity that receives 2
a grant under this subsection may use a 3
portion of the funds to provide to a private 4
entity operating assistance for the first 5 5
years of operations after the installation of 6
electric vehicle charging infrastructure, hy-7
drogen fueling infrastructure, or natural 8
gas fueling infrastructure while the facility 9
transitions to independent system oper-10
ations. 11
‘‘(ii) INCLUSIONS.—Operating assist-12
ance under this subparagraph shall be lim-13
ited to costs allocable to operating and 14
maintaining the electric vehicle charging 15
infrastructure, hydrogen fueling infrastruc-16
ture, or natural gas fueling infrastructure 17
and service, including costs associated with 18
labor, marketing, and administrative costs. 19
‘‘(iii) LIMITATION.—Operating assist-20
ance under this subparagraph may not ex-21
ceed the amount of a contract under sub-22
paragraph (A) to acquire and install pub-23
licly accessible electric vehicle charging in-24
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frastructure, hydrogen fueling infrastruc-1
ture, or natural gas fueling infrastructure. 2
‘‘(D) SIGNS.— 3
‘‘(i) IN GENERAL.—Subject to this 4
paragraph and paragraph (6)(B), an eligi-5
ble entity that receives a grant under this 6
subsection may use a portion of the funds 7
to acquire and install— 8
‘‘(I) traffic control devices lo-9
cated in the right-of-way to provide 10
directional information to electric ve-11
hicle charging infrastructure, hydro-12
gen fueling infrastructure, or natural 13
gas fueling infrastructure acquired, 14
installed, or operated with the grant; 15
and 16
‘‘(II) on-premises signs to pro-17
vide information about electric vehicle 18
charging infrastructure, hydrogen 19
fueling infrastructure, or natural gas 20
fueling infrastructure acquired, in-21
stalled, or operated with a grant 22
under this subsection. 23
‘‘(ii) APPLICABILITY.—Clause (i) shall 24
apply only to an eligible entity that— 25
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‘‘(I) receives a grant under this 1
subsection; and 2
‘‘(II) is using that grant for the 3
acquisition and installation of publicly 4
accessible electric vehicle charging in-5
frastructure, hydrogen fueling infra-6
structure, or natural gas fueling infra-7
structure. 8
‘‘(iii) LIMITATION ON AMOUNT.—The 9
amount of funds used to acquire and in-10
stall traffic control devices and on-premises 11
signs under clause (i) may not exceed the 12
amount of a contract under subparagraph 13
(A) to acquire and install publicly acces-14
sible charging or fueling infrastructure. 15
‘‘(iv) NO NEW AUTHORITY CRE-16
ATED.—Nothing in this subparagraph au-17
thorizes an eligible entity that receives a 18
grant under this subsection to acquire and 19
install traffic control devices or on-prem-20
ises signs if the entity is not otherwise au-21
thorized to do so. 22
‘‘(E) REVENUE.—An eligible entity receiv-23
ing a grant under this subsection and a private 24
entity referred to in subparagraph (A) may 25
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enter into a cost-sharing agreement under 1
which the private entity submits to the eligible 2
entity a portion of the revenue from the electric 3
vehicle charging infrastructure, hydrogen fuel-4
ing infrastructure, or natural gas fueling infra-5
structure. 6
‘‘(6) PROJECT REQUIREMENTS.— 7
‘‘(A) IN GENERAL.—Notwithstanding any 8
other provision of law, any project funded by a 9
grant under this subsection shall be treated as 10
a project on a Federal-aid highway under this 11
chapter. 12
‘‘(B) SIGNS.—Any traffic control device or 13
on-premises sign acquired, installed, or operated 14
with a grant under this subsection shall comply 15
with— 16
‘‘(i) the Manual on Uniform Traffic 17
Control Devices, if located in the right-of- 18
way; and 19
‘‘(ii) other provisions of Federal, 20
State, and local law, as applicable. 21
‘‘(7) FEDERAL SHARE.— 22
‘‘(A) IN GENERAL.—The Federal share of 23
the cost of a project carried out with a grant 24
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under this subsection shall not exceed 80 per-1
cent of the total project cost. 2
‘‘(B) RESPONSIBILITY OF PRIVATE ENTI-3
TY.—As a condition of contracting with an eli-4
gible entity under paragraph (5), a private enti-5
ty shall agree to pay the share of the cost of 6
a project carried out with a grant under this 7
subsection that is not paid by the Federal Gov-8
ernment under subparagraph (A). 9
‘‘(8) REPORT.—Not later than 3 years after the 10
date of enactment of this subsection, the Secretary 11
shall submit to the Committee on Environment and 12
Public Works of the Senate and the Committee on 13
Transportation and Infrastructure of the House of 14
Representatives and make publicly available a report 15
on the progress and implementation of this sub-16
section.’’. 17
SEC. 1402. REDUCTION OF TRUCK EMISSIONS AT PORT FA-18
CILITIES. 19
(a) ESTABLISHMENT OF PROGRAM.— 20
(1) IN GENERAL.—The Secretary shall establish 21
a program to reduce idling at port facilities, under 22
which the Secretary shall— 23
(A) study how ports and intermodal port 24
transfer facilities would benefit from increased 25
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opportunities to reduce emissions at ports, in-1
cluding through the electrification of port oper-2
ations; 3
(B) study emerging technologies and strat-4
egies that may help reduce port-related emis-5
sions from idling trucks; and 6
(C) coordinate and provide funding to test, 7
evaluate, and deploy projects that reduce port- 8
related emissions from idling trucks, including 9
through the advancement of port electrification 10
and improvements in efficiency, focusing on 11
port operations, including heavy-duty commer-12
cial vehicles, and other related projects. 13
(2) CONSULTATION.—In carrying out the pro-14
gram under this subsection, the Secretary may con-15
sult with the Secretary of Energy and the Adminis-16
trator of the Environmental Protection Agency. 17
(b) GRANTS.— 18
(1) IN GENERAL.—In carrying out subsection 19
(a)(1)(C), the Secretary shall award grants to fund 20
projects that reduce emissions at ports, including 21
through the advancement of port electrification. 22
(2) COST SHARE.—A grant awarded under 23
paragraph (1) shall not exceed 80 percent of the 24
total cost of the project funded by the grant. 25
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(3) COORDINATION.—In carrying out the grant 1
program under this subsection, the Secretary shall— 2
(A) to the maximum extent practicable, le-3
verage existing resources and programs of the 4
Department and other relevant Federal agen-5
cies; and 6
(B) coordinate with other Federal agen-7
cies, as the Secretary determines to be appro-8
priate. 9
(4) APPLICATION; SELECTION.— 10
(A) APPLICATION.—The Secretary shall 11
solicit applications for grants under paragraph 12
(1) at such time, in such manner, and con-13
taining such information as the Secretary deter-14
mines to be necessary. 15
(B) SELECTION.—The Secretary shall 16
make grants under paragraph (1) by not later 17
than April 1 of each fiscal year for which fund-18
ing is made available. 19
(c) REPORT.—Not later than 1 year after the date 20
on which all of the projects funded with a grant under 21
subsection (b) are completed, the Secretary shall submit 22
to Congress a report that includes— 23
(1) the findings of the studies described in sub-24
paragraphs (A) and (B) of subsection (a)(1); 25
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(2) the results of the projects that received a 1
grant under subsection (b); 2
(3) any recommendations for workforce develop-3
ment and training opportunities with respect to port 4
electrification; and 5
(4) any policy recommendations based on the 6
findings and results described in paragraphs (1) and 7
(2). 8
SEC. 1403. CARBON REDUCTION INCENTIVE PROGRAMS. 9
(a) IN GENERAL.—Chapter 1 of title 23, United 10
States Code (as amended by section 1203(a)), is amended 11
by adding at the end the following: 12
‘‘§ 177. Formula carbon reduction incentive program 13
‘‘(a) DEFINITIONS.—In this section: 14
‘‘(1) METROPOLITAN PLANNING ORGANIZATION; 15
URBANIZED AREA.—The terms ‘metropolitan plan-16
ning organization’ and ‘urbanized area’ have the 17
meaning given those terms in section 134(b). 18
‘‘(2) TRANSPORTATION EMISSIONS.—The term 19
‘transportation emissions’ means carbon dioxide 20
emissions from on-road highway sources of those 21
emissions within a State. 22
‘‘(3) TRANSPORTATION MANAGEMENT AREA.— 23
The term ‘transportation management area’ means 24
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a transportation management area identified or des-1
ignated by the Secretary under section 134(k)(1). 2
‘‘(b) FORMULA CARBON REDUCTION AWARDS.— 3
‘‘(1) IN GENERAL.—For each fiscal year, the 4
Secretary shall distribute among the States the 5
amounts made available to carry out this section for 6
that fiscal year in accordance with paragraph (2). 7
‘‘(2) DISTRIBUTION.—The amount for each 8
State shall be determined by multiplying the total 9
amount made available to carry out this section for 10
the applicable fiscal year by the ratio that— 11
‘‘(A) the total base apportionment for the 12
State under section 104(c); bears to 13
‘‘(B) the total base apportionments for all 14
States under section 104(c). 15
‘‘(c) EMISSIONS REDUCTION SUPPLEMENTAL.— 16
‘‘(1) IN GENERAL.—A State shall use 50 per-17
cent of the amount distributed to the State under 18
subsection (b) for each fiscal year to carry out ac-19
tivities under paragraph (2). 20
‘‘(2) ELIGIBLE ACTIVITIES.—Subject to para-21
graph (3), a State and any metropolitan planning 22
organization that is required to obligate funds in ac-23
cordance with subsection (e) shall use the funds 24
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under paragraph (1) for activities designed to reduce 1
transportation emissions, including— 2
‘‘(A) a project described in paragraph (4), 3
(5), (7), or (8) of subsection (b) of section 149 4
or subsection (c)(2) of that section, regardless 5
of whether the project— 6
‘‘(i) is located in an area designated 7
as a nonattainment or maintenance area, 8
as described in section 149(b); or 9
‘‘(ii) is likely to contribute to the at-10
tainment or maintenance in the area of a 11
national ambient air quality standard; 12
‘‘(B) a project that is eligible for assist-13
ance under section 142; 14
‘‘(C) a project for the provision of facilities 15
for pedestrians and bicyclists (including the 16
conversion and use of rail corridors for pedes-17
trian and bike trails); 18
‘‘(D) a project that is described in section 19
503(c)(4)(E); 20
‘‘(E) a project to reduce emissions from 21
port-related equipment and vehicles; 22
‘‘(F) a project to replace street lighting 23
and traffic control devices with energy efficient 24
alternatives; and 25
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‘‘(G) the development of a carbon reduc-1
tion strategy under subsection (d)(1)(A). 2
‘‘(3) LIMITATION.—No funds provided under 3
paragraph (1) may be used for a project that will re-4
sult in the construction of new capacity available to 5
single-occupant vehicles. 6
‘‘(4) FEDERAL SHARE.—The Federal share of 7
the cost of a project carried out with funds under 8
paragraph (1) shall be determined in accordance 9
with section 120. 10
‘‘(d) CARBON REDUCTION STRATEGY PLANNING IN-11
CENTIVE.— 12
‘‘(1) CARBON REDUCTION STRATEGY.— 13
‘‘(A) IN GENERAL.—A State may, in con-14
sultation with a metropolitan planning organi-15
zation within the State, develop a carbon reduc-16
tion strategy. 17
‘‘(B) REQUIREMENTS.—If a State develops 18
a carbon reduction strategy under subpara-19
graph (A), the carbon reduction strategy 20
shall— 21
‘‘(i) identify projects and strategies to 22
reduce transportation emissions, which 23
may include projects and strategies for 24
safe, reliable, and cost-effective options— 25
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‘‘(I) to reduce traffic congestion 1
on Federal-aid highways located with-2
in the State or the area served by the 3
metropolitan planning organization, as 4
applicable; 5
‘‘(II) to facilitate the use of alter-6
natives to single-occupant vehicle 7
trips, including public transportation 8
facilities, pedestrian facilities, bicycle 9
facilities, and shared or pooled vehicle 10
trips within the State or an area 11
served by the metropolitan planning 12
organization, if any; 13
‘‘(III) to facilitate the use of ve-14
hicles or modes of travel that result in 15
lower transportation emissions per 16
person-mile traveled; and 17
‘‘(IV) to facilitate approaches to 18
transportation asset construction and 19
maintenance that result in lower 20
transportation emissions; 21
‘‘(ii) set targets for the reduction of 22
transportation emissions and implementa-23
tion of the projects and strategies identi-24
fied under clause (i); 25
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‘‘(iii) be appropriate to the population 1
density and context of the State, including 2
a metropolitan planning organization with-3
in the State, if any; 4
‘‘(iv) provide a reasonable opportunity 5
for participation and review by interested 6
parties within the State; 7
‘‘(v) be updated not less frequently 8
than once every 3 years; and 9
‘‘(vi) be reviewed and certified by the 10
Secretary to have met the requirements of 11
this subparagraph. 12
‘‘(2) CARBON REDUCTION STRATEGY PLANNING 13
INCENTIVE.— 14
‘‘(A) IN GENERAL.—A State shall use 50 15
percent of the amounts made available to the 16
State under subsection (b) for each fiscal year 17
for the eligible activities under subparagraph 18
(B). 19
‘‘(B) ELIGIBLE ACTIVITIES.— 20
‘‘(i) IN GENERAL.—A State and any 21
metropolitan planning organization in the 22
State that is required to obligate funds in 23
accordance with subsection (e) may use the 24
funds under subparagraph (A) for a 25
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project or strategy described in subsection 1
(c)(2). 2
‘‘(ii) ADDITIONAL ELIGIBILITY INCEN-3
TIVE.—In addition to the eligible activities 4
under clause (i), a State and any metro-5
politan planning organization in the State 6
that is required to obligate funds in ac-7
cordance with subsection (e) may use the 8
funds under subparagraph (A) for a 9
project eligible under section 133(b) if— 10
‘‘(I) the State has, within the fis-11
cal year prior to the fiscal year in 12
which the Secretary is making the 13
grant or by a deadline established by 14
the Secretary in the fiscal year in 15
which the Secretary is making the 16
grant, developed a carbon reduction 17
strategy under paragraph (1)(A) that 18
has been approved by the Secretary 19
under clause (vi) of that paragraph; 20
or 21
‘‘(II) the State or metropolitan 22
planning organization has, within the 23
4 fiscal years prior to the fiscal year 24
in which the Secretary is making the 25
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grant or by a deadline established by 1
the Secretary in the fiscal year in 2
which the Secretary is making the 3
grant, incorporated a carbon reduc-4
tion strategy under paragraph (1)(A) 5
into— 6
‘‘(aa) a long-range transpor-7
tation plan developed by the met-8
ropolitan planning organization 9
under section 134(c), if any; and 10
‘‘(bb) the long-range state-11
wide transportation plan devel-12
oped by the State under section 13
135(f)(1). 14
‘‘(C) FEDERAL SHARE.—The Federal 15
share of the cost of a project carried out using 16
funds under subparagraph (A) shall be— 17
‘‘(i) in the case of a State or metro-18
politan planning organization within a 19
State that meets the requirements under 20
subparagraph (B)(ii), up to 100 percent, 21
at the discretion of the State; and 22
‘‘(ii) in the case of a State or metro-23
politan planning organization within a 24
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State that is not described in clause (i), 1
determined in accordance with section 120. 2
‘‘(e) SUBALLOCATION REQUIREMENTS.— 3
‘‘(1) IN GENERAL.—For each fiscal year, of the 4
funds made available to a State under subsections 5
(c) and (d)— 6
‘‘(A) 65 percent of each amount shall be 7
obligated, in proportion to their relative shares 8
of the population of the State— 9
‘‘(i) in urbanized areas of the State 10
with an urbanized area population of over 11
200,000; and 12
‘‘(ii) in other areas of the State; and 13
‘‘(B) the remainder may be obligated in 14
any area of the State. 15
‘‘(2) METROPOLITAN AREAS.—Funds attributed 16
to an urbanized area under paragraph (1)(A)(i) may 17
be obligated in the metropolitan area established 18
under section 134 that encompasses the urbanized 19
area. 20
‘‘(3) DISTRIBUTION AMONG URBANIZED AREAS 21
OF OVER 200,000 POPULATION.— 22
‘‘(A) IN GENERAL.—Except as provided in 23
subparagraph (B), the amount that a State is 24
required to obligate under paragraph (1)(A)(i) 25
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shall be obligated in urbanized areas described 1
in paragraph (1)(A)(i) based on the relative 2
population of the areas. 3
‘‘(B) OTHER FACTORS.—The State may 4
obligate the funds described in subparagraph 5
(A) based on other factors if— 6
‘‘(i) the State and the relevant metro-7
politan planning organizations jointly apply 8
to the Secretary for the permission to base 9
the obligation on other factors; and 10
‘‘(ii) the Secretary grants the request. 11
‘‘(4) CONSULTATION IN URBANIZED AREAS.— 12
Before obligating funds for an eligible activity under 13
subsection (c) or (d) in an urbanized area that is not 14
a transportation management area, a State shall 15
consult with any metropolitan planning organization 16
that represents the urbanized area prior to deter-17
mining which activities should be carried out. 18
‘‘(5) CONSULTATION IN RURAL AREAS.—Before 19
obligating funds for an eligible activity under sub-20
section (c) or (d) in a rural area, a State shall con-21
sult with any regional transportation planning orga-22
nization or metropolitan planning organization that 23
represents the rural area prior to determining which 24
activities should be carried out. 25
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‘‘§ 178. Carbon reduction performance program 1
‘‘(a) DEFINITIONS.—In this section: 2
‘‘(1) METROPOLITAN PLANNING ORGANIZATION; 3
URBANIZED AREA.—The terms ‘metropolitan plan-4
ning organization’ and ‘urbanized area’ have the 5
meaning given those terms in section 134(b). 6
‘‘(2) QUALIFYING STATE.—The term ‘qualifying 7
State’ means a State in which— 8
‘‘(A) the average annual transportation 9
emissions within the State has grown more 10
slowly or declined during the most recent 2-cal-11
endar year period for which data are available 12
for transportation emissions at the time the 13
Secretary is making the grant under this sec-14
tion, as compared to the 2-calendar year period 15
that immediately precedes that period; or 16
‘‘(B) the average annual transportation 17
emissions within the State, as estimated on a 18
per capita basis, has grown more slowly or de-19
clined during the most recent 2-calendar year 20
period for which data are available for transpor-21
tation emissions at the time the Secretary is 22
making the grant under this section, as com-23
pared to the 2-calendar year period that imme-24
diately precedes that period. 25
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‘‘(3) QUALIFYING UNIT OF LOCAL GOVERN-1
MENT.—The term ‘qualifying unit of local govern-2
ment’ means a unit of local government in an urban-3
ized area served by a metropolitan planning organi-4
zation, in which— 5
‘‘(A) the average annual transportation 6
emissions within the urbanized area has grown 7
more slowly or declined during the most recent 8
2-calendar year period for which data are avail-9
able for transportation emissions at the time 10
the Secretary is making the grant under this 11
section, as compared to the 2-calendar year pe-12
riod that immediately precedes that period; or 13
‘‘(B) the average annual transportation 14
emissions within the urbanized area, as esti-15
mated on a per capita basis, has grown more 16
slowly or declined during the most recent 2-cal-17
endar year period for which data are available 18
for transportation emissions at the time the 19
Secretary is making the grant under this sec-20
tion, as compared to the 2-calendar year period 21
that immediately precedes that period. 22
‘‘(4) TRANSPORTATION EMISSIONS.—The term 23
‘transportation emissions’ has the meaning given the 24
term in section 177(a). 25
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‘‘(b) CARBON REDUCTION PERFORMANCE AND 1
PLANNING RECOGNITION AWARDS.— 2
‘‘(1) IN GENERAL.—The Secretary shall estab-3
lish a competitive grant program to award grants to 4
eligible entities in recognition of the achievement of 5
the eligible entity in meeting the performance cat-6
egories described in paragraph (3)(A). 7
‘‘(2) ELIGIBLE ENTITIES.—The Secretary shall 8
distribute amounts under paragraph (1) to any of 9
the following: 10
‘‘(A) A qualifying State. 11
‘‘(B) A qualifying unit of local government. 12
‘‘(3) PERFORMANCE CATEGORIES.— 13
‘‘(A) IN GENERAL.—The Secretary shall 14
select eligible entities to receive a grant under 15
paragraph (1) to recognize the achievement of 16
the eligible entity in meeting any of the fol-17
lowing performance categories: 18
‘‘(i) A significant reduction in trans-19
portation emissions, as estimated on a per 20
unit of economic output basis. 21
‘‘(ii) A significant reduction in trans-22
portation emissions, as estimated on a per 23
capita basis. 24
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‘‘(iii) Transportation emissions, as es-1
timated on a per unit of economic output 2
basis, that are among the lowest of juris-3
dictions with comparable population and 4
surface transportation system characteris-5
tics. 6
‘‘(iv) Transportation emissions, as es-7
timated on a per capita basis, that are 8
among the lowest of jurisdictions with 9
comparable population and surface trans-10
portation system characteristics. 11
‘‘(v) Innovative planning efforts and 12
the implementation of a carbon reduction 13
strategy under section 177(d)(1)(A) or 14
plans that lead to a reduction in transpor-15
tation emissions. 16
‘‘(B) MERIT BASED DISTRIBUTION.—In se-17
lecting among eligible entities to receive grants 18
under paragraph (1) and the amount of each of 19
those grants, the Secretary shall give priority to 20
eligible entities that have achieved the most sig-21
nificant levels of reductions of transportation 22
emissions, as estimated on either a per unit of 23
economic basis or on a per capita basis. 24
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‘‘(C) MULTIPLE AWARDS.—The Secretary 1
may— 2
‘‘(i) award a grant under paragraph 3
(1) to multiple eligible entities for each 4
performance category described in sub-5
paragraph (A); and 6
‘‘(ii) recognize achievements in each 7
performance category described in sub-8
paragraph (A)— 9
‘‘(I) in urban and rural areas; 10
and 11
‘‘(II) on the State and local level. 12
‘‘(D) REPEAT AWARDS.—The Secretary 13
may not award a grant under this subsection to 14
the same eligible entity more than once in a 2- 15
year period. 16
‘‘(4) AWARD AMOUNT.—A grant under para-17
graph (1) shall be in an amount— 18
‘‘(A) not less than $5,000,000; and 19
‘‘(B) not more than $30,000,000. 20
‘‘(5) ELIGIBLE USES.—An eligible entity may 21
use a grant under paragraph (1) for— 22
‘‘(A) an activity eligible under this title; 23
and 24
‘‘(B) a project— 25
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‘‘(i) to maintain the condition of a 1
Federal-aid highway, including routine 2
maintenance; or 3
‘‘(ii) that— 4
‘‘(I) responds to a specific condi-5
tion or event; and 6
‘‘(II) restores a Federal-aid high-7
way to a functional state of oper-8
ations. 9
‘‘(6) APPLICATIONS.—To be eligible to receive a 10
grant under paragraph (1), an eligible entity shall 11
submit to the Secretary an application at such time, 12
in such manner, and containing such information as 13
the Secretary may require. 14
‘‘(7) FEDERAL SHARE.—The Federal share of 15
the cost of a project carried out using a grant under 16
paragraph (1) shall be, as determined at the discre-17
tion of the grant recipient, up to 100 percent.’’. 18
(b) CLERICAL AMENDMENT.—The analysis for chap-19
ter 1 of title 23, United States Code (as amended by sec-20
tion 1203(b)), is amended by inserting after the item re-21
lating to section 176 the following: 22
‘‘177. Formula carbon reduction incentive program.
‘‘178. Carbon reduction performance program.’’.
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SEC. 1404. CONGESTION RELIEF PROGRAM. 1
(a) IN GENERAL.—Section 129 of title 23, United 2
States Code, is amended by adding at the end the fol-3
lowing: 4
‘‘(d) CONGESTION RELIEF PROGRAM.— 5
‘‘(1) DEFINITIONS.—In this subsection: 6
‘‘(A) ELIGIBLE ENTITY.—The term ‘eligi-7
ble entity’ means— 8
‘‘(i) a State, for the purpose of car-9
rying out a project in an urbanized area 10
with a population of more than 1,000,000; 11
and 12
‘‘(ii) a metropolitan planning organi-13
zation, city, or municipality, for the pur-14
pose of carrying out a project in an urban-15
ized area with a population of more than 16
1,000,000. 17
‘‘(B) INTEGRATED CONGESTION MANAGE-18
MENT SYSTEM.—The term ‘integrated conges-19
tion management system’ means a system for 20
the integration of management and operations 21
of a regional transportation system that in-22
cludes, at a minimum, traffic incident manage-23
ment, work zone management, traffic signal 24
timing, managed lanes, real-time traveler infor-25
mation, and active traffic management, in order 26
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to maximize the capacity of all facilities and 1
modes across the applicable region. 2
‘‘(C) PROGRAM.—The term ‘program’ 3
means the congestion relief program established 4
under paragraph (2). 5
‘‘(2) ESTABLISHMENT.—The Secretary shall es-6
tablish a congestion relief program to provide discre-7
tionary grants to eligible entities to advance innova-8
tive, integrated, and multimodal solutions to conges-9
tion relief in the most congested metropolitan areas 10
of the United States. 11
‘‘(3) PROGRAM GOALS.—The goals of the pro-12
gram are to reduce highway congestion, reduce eco-13
nomic and environmental costs associated with that 14
congestion, including transportation emissions, and 15
optimize existing highway capacity and usage of 16
highway and transit systems through— 17
‘‘(A) improving intermodal integration with 18
highways, highway operations, and highway 19
performance; 20
‘‘(B) reducing or shifting highway users to 21
off-peak travel times or to nonhighway travel 22
modes during peak travel times; and 23
‘‘(C) pricing of, or based on, as applica-24
ble— 25
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‘‘(i) parking; 1
‘‘(ii) use of roadways, including in 2
designated geographic zones; or 3
‘‘(iii) congestion. 4
‘‘(4) ELIGIBLE PROJECTS.—Funds from a 5
grant under the program may be used for a project 6
or an integrated collection of projects, including 7
planning, design, implementation, and construction 8
activities, to achieve the program goals under para-9
graph (3), including— 10
‘‘(A) deployment and operation of an inte-11
grated congestion management system; 12
‘‘(B) deployment and operation of a system 13
that implements or enforces high occupancy ve-14
hicle toll lanes, cordon pricing, parking pricing, 15
or congestion pricing; 16
‘‘(C) deployment and operation of mobility 17
services, including establishing account-based fi-18
nancial systems, commuter buses, commuter 19
vans, express operations, paratransit, and on- 20
demand microtransit; and 21
‘‘(D) incentive programs that encourage 22
travelers to carpool, use nonhighway travel 23
modes during peak period, or travel during 24
nonpeak periods. 25
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‘‘(5) APPLICATION; SELECTION.— 1
‘‘(A) APPLICATION.—To be eligible to re-2
ceive a grant under the program, an eligible en-3
tity shall submit to the Secretary an application 4
at such time, in such manner, and containing 5
such information as the Secretary may require. 6
‘‘(B) PRIORITY.—In providing grants 7
under the program, the Secretary shall give pri-8
ority to projects in urbanized areas that are ex-9
periencing a high degree of recurrent conges-10
tion. 11
‘‘(C) FEDERAL SHARE.—The Federal 12
share of the cost of a project carried out with 13
a grant under the program shall not exceed 80 14
percent of the total project cost. 15
‘‘(D) MINIMUM AWARD.—A grant provided 16
under the program shall be not less than 17
$10,000,000. 18
‘‘(6) USE OF TOLLING.— 19
‘‘(A) IN GENERAL.—Notwithstanding sub-20
section (a)(1) and section 301 and subject to 21
subparagraphs (B) and (C), the Secretary shall 22
allow the use of tolls on the Interstate System 23
as part of a project carried out with a grant 24
under the program. 25
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‘‘(B) REQUIREMENTS.—The Secretary 1
may only approve the use of tolls under sub-2
paragraph (A) if— 3
‘‘(i) the eligible entity has authority 4
under State, and if applicable, local, law to 5
assess the applicable toll; 6
‘‘(ii) the maximum toll rate for any 7
vehicle class is not greater than the prod-8
uct obtained by multiplying— 9
‘‘(I) the toll rate for any other 10
vehicle class; and 11
‘‘(II) 5; 12
‘‘(iii) the toll rates are not charged or 13
varied on the basis of State residency; 14
‘‘(iv) the Secretary determines that 15
the use of tolls will enable the eligible enti-16
ty to achieve the program goals under 17
paragraph (3) without a significant impact 18
to safety or mobility within the urbanized 19
area in which the project is located; and 20
‘‘(v) the use of toll revenues complies 21
with subsection (a)(3). 22
‘‘(C) LIMITATION.—The Secretary may not 23
approve the use of tolls on the Interstate Sys-24
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tem under the program in more than 10 urban-1
ized areas. 2
‘‘(7) FINANCIAL EFFECTS ON LOW-INCOME 3
DRIVERS.—A project under the program— 4
‘‘(A) shall include, if appropriate, an anal-5
ysis of the potential effects of the project on 6
low-income drivers; and 7
‘‘(B) may include mitigation measures to 8
deal with any potential adverse financial effects 9
on low-income drivers.’’. 10
(b) HIGH OCCUPANCY VEHICLE USE OF CERTAIN 11
TOLL FACILITIES.—Section 129(a) of title 23, United 12
States Code, is amended— 13
(1) by redesignating paragraph (10) as para-14
graph (11); and 15
(2) by inserting after paragraph (9) the fol-16
lowing: 17
‘‘(10) HIGH OCCUPANCY VEHICLE USE OF CER-18
TAIN TOLL FACILITIES.—Notwithstanding section 19
102(a), in the case of a toll facility that is on the 20
Interstate System and that is constructed or con-21
verted after the date of enactment of the America’s 22
Transportation Infrastructure Act of 2019, the pub-23
lic authority with jurisdiction over the toll facility 24
shall allow high occupancy vehicles, transit, and 25
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paratransit vehicles to use the facility at a discount 1
rate or without charge, unless the public authority, 2
in consultation with the Secretary, determines that 3
the number of those vehicles using the facility re-4
duces the travel time reliability of the facility.’’. 5
SEC. 1405. FREIGHT PLANS. 6
(a) NATIONAL AND STATE FREIGHT PLANS.— 7
(1) NATIONAL FREIGHT STRATEGIC PLAN.— 8
Section 70102(b) of title 49, United States Code, is 9
amended— 10
(A) in paragraph (10), by striking ‘‘and’’ 11
at the end; 12
(B) in paragraph (11), by striking the pe-13
riod at the end and inserting a semicolon; and 14
(C) by adding at the end the following: 15
‘‘(12) possible strategies to increase resiliency, 16
including the ability to anticipate, prepare for, or 17
adapt to conditions, or withstand, respond to, or re-18
cover rapidly from disruptions, including extreme 19
weather and natural disasters; 20
‘‘(13) strategies to promote United States eco-21
nomic growth and international competitiveness; and 22
‘‘(14) strategies to reduce local air pollution, 23
water runoff, and wildlife habitat loss.’’. 24
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(2) STATE FREIGHT PLANS.—Section 70202 of 1
title 49, United States Code, is amended— 2
(A) in subsection (b)— 3
(i) in paragraph (9), by striking 4
‘‘and’’ at the end; 5
(ii) by redesignating paragraph (10) 6
as paragraph (13); and 7
(iii) by inserting after paragraph (9) 8
the following: 9
‘‘(10) the most recent commercial motor vehicle 10
parking facilities assessment conducted under sub-11
section (f); 12
‘‘(11) strategies and goals to decrease— 13
‘‘(A) the severity of impacts of extreme 14
weather and natural disasters; 15
‘‘(B) local air pollution; 16
‘‘(C) flooding, water runoff, and other ad-17
verse water impacts; and 18
‘‘(D) wildlife habitat loss; 19
‘‘(12) strategies and goals to decrease the ad-20
verse impact of freight transportation on commu-21
nities traversed by freight railroads; and’’; 22
(B) by redesignating subsection (e) as sub-23
section (h); and 24
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(C) by inserting after subsection (d) the 1
following: 2
‘‘(e) PRIORITY.—Each State freight plan under this 3
section shall include a requirement that the State, in car-4
rying out activities under the State freight plan— 5
‘‘(1) enhance reliability or redundancy; or 6
‘‘(2) incorporate the ability to rapidly restore 7
access and reliability. 8
‘‘(f) COMMERCIAL MOTOR VEHICLE PARKING FA-9
CILITIES ASSESSMENTS.—As part of the development or 10
updating, as applicable, of the State freight plan under 11
this section, each State that receives funding under section 12
167 of title 23, in consultation with relevant State motor 13
carrier safety personnel, shall conduct an assessment of— 14
‘‘(1) the capability of the State, together with 15
the private sector in the State, to provide adequate 16
parking facilities and rest facilities for commercial 17
motor vehicles engaged in interstate transportation; 18
‘‘(2) the volume of commercial motor vehicle 19
traffic in the State; and 20
‘‘(3) whether there are any areas within the 21
State that have a shortage of adequate commercial 22
motor vehicle parking facilities, including an analysis 23
(economic or otherwise, as the State determines to 24
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be appropriate) of the underlying causes of any such 1
shortages. 2
‘‘(g) APPROVAL.— 3
‘‘(1) IN GENERAL.—The Secretary of Transpor-4
tation shall approve a State freight plan described in 5
subsection (a) if the plan achieves compliance with 6
the requirements of this section. 7
‘‘(2) SAVINGS PROVISION.—Nothing in this sub-8
section establishes new procedural requirements for 9
the approval of a State freight plan described in 10
subsection (a).’’. 11
(b) STUDIES.—For the purpose of facilitating the in-12
tegration of freight transportation into an intelligent 13
transportation system network powered by electricity, the 14
Secretary, acting through the Administrator of the Fed-15
eral Highway Administration, shall conduct 2 or more ap-16
propriate studies relating to— 17
(1) preparing to supply power to applicable 18
electrical freight infrastructure; and 19
(2) safely integrating freight into a smart vehi-20
cle world. 21
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SEC. 1406. UTILIZING SIGNIFICANT EMISSIONS WITH INNO-1
VATIVE TECHNOLOGIES. 2
(a) RESEARCH, INVESTIGATION, TRAINING, AND 3
OTHER ACTIVITIES.—Section 103 of the Clean Air Act 4
(42 U.S.C. 7403) is amended— 5
(1) in subsection (c)(3), in the first sentence of 6
the matter preceding subparagraph (A), by striking 7
‘‘percursors’’ and inserting ‘‘precursors’’; and 8
(2) in subsection (g)— 9
(A) by redesignating paragraphs (1) 10
through (4) as subparagraphs (A) through (D), 11
respectively, and indenting appropriately; 12
(B) in the undesignated matter following 13
subparagraph (D) (as so redesignated)— 14
(i) in the second sentence, by striking 15
‘‘The Administrator’’ and inserting the fol-16
lowing: 17
‘‘(5) COORDINATION AND AVOIDANCE OF DU-18
PLICATION.—The Administrator’’; and 19
(ii) in the first sentence, by striking 20
‘‘Nothing’’ and inserting the following: 21
‘‘(4) EFFECT OF SUBSECTION.—Nothing’’; 22
(C) in the matter preceding subparagraph 23
(A) (as so redesignated)— 24
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(i) in the third sentence, by striking 1
‘‘Such program’’ and inserting the fol-2
lowing: 3
‘‘(3) PROGRAM INCLUSIONS.—The program 4
under this subsection’’; 5
(ii) in the second sentence— 6
(I) by inserting ‘‘States, institu-7
tions of higher education,’’ after ‘‘sci-8
entists,’’; and 9
(II) by striking ‘‘Such strategies 10
and technologies shall be developed’’ 11
and inserting the following: 12
‘‘(2) PARTICIPATION REQUIREMENT.—Such 13
strategies and technologies described in paragraph 14
(1) shall be developed’’; and 15
(iii) in the first sentence, by striking 16
‘‘In carrying out’’ and inserting the fol-17
lowing: 18
‘‘(1) IN GENERAL.—In carrying out’’; and 19
(D) by adding at the end the following: 20
‘‘(6) CERTAIN CARBON DIOXIDE ACTIVITIES.— 21
‘‘(A) IN GENERAL.—In carrying out para-22
graph (3)(A) with respect to carbon dioxide, the 23
Administrator shall carry out the activities de-24
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scribed in each of subparagraphs (B), (C), (D), 1
and (E). 2
‘‘(B) DIRECT AIR CAPTURE RESEARCH.— 3
‘‘(i) DEFINITIONS.—In this subpara-4
graph: 5
‘‘(I) BOARD.—The term ‘Board’ 6
means the Direct Air Capture Tech-7
nology Advisory Board established by 8
clause (iii)(I). 9
‘‘(II) DILUTE.—The term ‘dilute’ 10
means a concentration of less than 1 11
percent by volume. 12
‘‘(III) DIRECT AIR CAPTURE.— 13
‘‘(aa) IN GENERAL.—The 14
term ‘direct air capture’, with re-15
spect to a facility, technology, or 16
system, means that the facility, 17
technology, or system uses car-18
bon capture equipment to cap-19
ture carbon dioxide directly from 20
the air. 21
‘‘(bb) EXCLUSION.—The 22
term ‘direct air capture’ does not 23
include any facility, technology, 24
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or system that captures carbon 1
dioxide— 2
‘‘(AA) that is delib-3
erately released from a natu-4
rally occurring subsurface 5
spring; or 6
‘‘(BB) using natural 7
photosynthesis. 8
‘‘(IV) INTELLECTUAL PROP-9
ERTY.—The term ‘intellectual prop-10
erty’ means— 11
‘‘(aa) an invention that is 12
patentable under title 35, United 13
States Code; and 14
‘‘(bb) any patent on an in-15
vention described in item (aa). 16
‘‘(ii) TECHNOLOGY PRIZES.— 17
‘‘(I) IN GENERAL.—Not later 18
than 1 year after the date of enact-19
ment of the America’s Transportation 20
Infrastructure Act of 2019, the Ad-21
ministrator, in consultation with the 22
Secretary of Energy, shall establish a 23
program to provide, and shall provide, 24
financial awards on a competitive 25
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basis for direct air capture from 1
media in which the concentration of 2
carbon dioxide is dilute. 3
‘‘(II) DUTIES.—In carrying out 4
this clause, the Administrator shall— 5
‘‘(aa) subject to subclause 6
(III), develop specific require-7
ments for— 8
‘‘(AA) the competition 9
process; and 10
‘‘(BB) the demonstra-11
tion of performance of ap-12
proved projects; 13
‘‘(bb) offer financial awards 14
for a project designed— 15
‘‘(AA) to the maximum 16
extent practicable, to cap-17
ture more than 10,000 tons 18
of carbon dioxide per year; 19
and 20
‘‘(BB) to operate in a 21
manner that would be com-22
mercially viable in the fore-23
seeable future (as deter-24
mined by the Board); and 25
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‘‘(cc) to the maximum ex-1
tent practicable, make financial 2
awards to geographically diverse 3
projects, including at least— 4
‘‘(AA) 1 project in a 5
coastal State; and 6
‘‘(BB) 1 project in a 7
rural State. 8
‘‘(III) PUBLIC PARTICIPATION.— 9
In carrying out subclause (II)(aa), the 10
Administrator shall— 11
‘‘(aa) provide notice of and, 12
for a period of not less than 60 13
days, an opportunity for public 14
comment on, any draft or pro-15
posed version of the requirements 16
described in subclause (II)(aa); 17
and 18
‘‘(bb) take into account pub-19
lic comments received in devel-20
oping the final version of those 21
requirements. 22
‘‘(iii) DIRECT AIR CAPTURE TECH-23
NOLOGY ADVISORY BOARD.— 24
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‘‘(I) ESTABLISHMENT.—There is 1
established an advisory board to be 2
known as the ‘Direct Air Capture 3
Technology Advisory Board’. 4
‘‘(II) COMPOSITION.—The Board 5
shall be composed of 9 members ap-6
pointed by the Administrator, who 7
shall provide expertise in— 8
‘‘(aa) climate science; 9
‘‘(bb) physics; 10
‘‘(cc) chemistry; 11
‘‘(dd) biology; 12
‘‘(ee) engineering; 13
‘‘(ff) economics; 14
‘‘(gg) business management; 15
and 16
‘‘(hh) such other disciplines 17
as the Administrator determines 18
to be necessary to achieve the 19
purposes of this subparagraph. 20
‘‘(III) TERM; VACANCIES.— 21
‘‘(aa) TERM.—A member of 22
the Board shall serve for a term 23
of 6 years. 24
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‘‘(bb) VACANCIES.—A va-1
cancy on the Board— 2
‘‘(AA) shall not affect 3
the powers of the Board; 4
and 5
‘‘(BB) shall be filled in 6
the same manner as the 7
original appointment was 8
made. 9
‘‘(IV) INITIAL MEETING.—Not 10
later than 30 days after the date on 11
which all members of the Board have 12
been appointed, the Board shall hold 13
the initial meeting of the Board. 14
‘‘(V) MEETINGS.—The Board 15
shall meet at the call of the Chair-16
person or on the request of the Ad-17
ministrator. 18
‘‘(VI) QUORUM.—A majority of 19
the members of the Board shall con-20
stitute a quorum, but a lesser number 21
of members may hold hearings. 22
‘‘(VII) CHAIRPERSON AND VICE 23
CHAIRPERSON.—The Board shall se-24
lect a Chairperson and Vice Chair-25
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person from among the members of 1
the Board. 2
‘‘(VIII) COMPENSATION.—Each 3
member of the Board may be com-4
pensated at not to exceed the daily 5
equivalent of the annual rate of basic 6
pay in effect for a position at level V 7
of the Executive Schedule under sec-8
tion 5316 of title 5, United States 9
Code, for each day during which the 10
member is engaged in the actual per-11
formance of the duties of the Board. 12
‘‘(IX) DUTIES.—The Board shall 13
advise the Administrator on carrying 14
out the duties of the Administrator 15
under this subparagraph. 16
‘‘(X) FACA.—The Federal Advi-17
sory Committee Act (5 U.S.C. App.) 18
shall apply to the Board. 19
‘‘(iv) INTELLECTUAL PROPERTY.— 20
‘‘(I) IN GENERAL.—As a condi-21
tion of receiving a financial award 22
under this subparagraph, an applicant 23
shall agree to vest the intellectual 24
property of the applicant derived from 25
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the technology in 1 or more entities 1
that are incorporated in the United 2
States. 3
‘‘(II) RESERVATION OF LI-4
CENSE.—The United States— 5
‘‘(aa) may reserve a non-6
exclusive, nontransferable, irrev-7
ocable, paid-up license, to have 8
practiced for or on behalf of the 9
United States, in connection with 10
any intellectual property de-11
scribed in subclause (I); but 12
‘‘(bb) shall not, in the exer-13
cise of a license reserved under 14
item (aa), publicly disclose pro-15
prietary information relating to 16
the license. 17
‘‘(III) TRANSFER OF TITLE.— 18
Title to any intellectual property de-19
scribed in subclause (I) shall not be 20
transferred or passed, except to an 21
entity that is incorporated in the 22
United States, until the expiration of 23
the first patent obtained in connection 24
with the intellectual property. 25
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‘‘(v) AUTHORIZATION OF APPROPRIA-1
TIONS.— 2
‘‘(I) IN GENERAL.—There is au-3
thorized to be appropriated to carry 4
out this subparagraph $35,000,000, 5
to remain available until expended. 6
‘‘(II) REQUIREMENT.—Research 7
carried out using amounts made avail-8
able under subclause (I) may not du-9
plicate research funded by the Depart-10
ment of Energy. 11
‘‘(vi) TERMINATION OF AUTHORITY.— 12
The Board and all authority provided 13
under this subparagraph shall terminate 14
not later than 10 years after the date of 15
enactment of the America’s Transportation 16
Infrastructure Act of 2019. 17
‘‘(C) CARBON DIOXIDE UTILIZATION RE-18
SEARCH.— 19
‘‘(i) DEFINITION OF CARBON DIOXIDE 20
UTILIZATION.—In this subparagraph, the 21
term ‘carbon dioxide utilization’ refers to 22
technologies or approaches that lead to the 23
use of carbon dioxide— 24
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‘‘(I) through the fixation of car-1
bon dioxide through photosynthesis or 2
chemosynthesis, such as through the 3
growing of algae or bacteria; 4
‘‘(II) through the chemical con-5
version of carbon dioxide to a material 6
or chemical compound in which the 7
carbon dioxide is securely stored; or 8
‘‘(III) through the use of carbon 9
dioxide for any other purpose for 10
which a commercial market exists, as 11
determined by the Administrator. 12
‘‘(ii) PROGRAM.—The Administrator, 13
in consultation with the Secretary of En-14
ergy, shall carry out a research and devel-15
opment program for carbon dioxide utiliza-16
tion to promote existing and new tech-17
nologies that transform carbon dioxide 18
generated by industrial processes into a 19
product of commercial value, or as an 20
input to products of commercial value. 21
‘‘(iii) TECHNICAL AND FINANCIAL AS-22
SISTANCE.—Not later than 2 years after 23
the date of enactment of the America’s 24
Transportation Infrastructure Act of 2019, 25
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in carrying out this subsection, the Admin-1
istrator, in consultation with the Secretary 2
of Energy, shall support research and in-3
frastructure activities relating to carbon 4
dioxide utilization by providing technical 5
assistance and financial assistance in ac-6
cordance with clause (iv). 7
‘‘(iv) ELIGIBILITY.—To be eligible to 8
receive technical assistance and financial 9
assistance under clause (iii), a carbon diox-10
ide utilization project shall— 11
‘‘(I) have access to an emissions 12
stream generated by a stationary 13
source within the United States that 14
is capable of supplying not less than 15
250 metric tons per day of carbon di-16
oxide for research; 17
‘‘(II) have access to adequate 18
space for a laboratory and equipment 19
for testing small-scale carbon dioxide 20
utilization technologies, with onsite 21
access to larger test bays for scale-up; 22
and 23
‘‘(III) have existing partnerships 24
with institutions of higher education, 25
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private companies, States, or other 1
government entities. 2
‘‘(v) COORDINATION.—In supporting 3
carbon dioxide utilization projects under 4
this paragraph, the Administrator shall 5
consult with the Secretary of Energy, and, 6
as appropriate, with the head of any other 7
relevant Federal agency, States, the pri-8
vate sector, and institutions of higher edu-9
cation to develop methods and technologies 10
to account for the carbon dioxide emissions 11
avoided by the carbon dioxide utilization 12
projects. 13
‘‘(vi) AUTHORIZATION OF APPROPRIA-14
TIONS.— 15
‘‘(I) IN GENERAL.—There is au-16
thorized to be appropriated to carry 17
out this subparagraph $50,000,000, 18
to remain available until expended. 19
‘‘(II) REQUIREMENT.—Research 20
carried out using amounts made avail-21
able under subclause (I) may not du-22
plicate research funded by the Depart-23
ment of Energy. 24
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‘‘(D) DEEP SALINE FORMATION RE-1
PORT.— 2
‘‘(i) DEFINITION OF DEEP SALINE 3
FORMATION.— 4
‘‘(I) IN GENERAL.—In this sub-5
paragraph, the term ‘deep saline for-6
mation’ means a formation of sub-7
surface geographically extensive sedi-8
mentary rock layers saturated with 9
waters or brines that have a high total 10
dissolved solids content and that are 11
below the depth where carbon dioxide 12
can exist in the formation as a super-13
critical fluid. 14
‘‘(II) CLARIFICATION.—In this 15
subparagraph, the term ‘deep saline 16
formation’ does not include oil and 17
gas reservoirs. 18
‘‘(ii) REPORT.—In consultation with 19
the Secretary of Energy, and, as appro-20
priate, with the head of any other relevant 21
Federal agency and relevant stakeholders, 22
not later than 1 year after the date of en-23
actment of the America’s Transportation 24
Infrastructure Act of 2019, the Adminis-25
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trator shall prepare, submit to Congress, 1
and make publicly available a report that 2
includes— 3
‘‘(I) a comprehensive identifica-4
tion of potential risks and benefits to 5
project developers associated with in-6
creased storage of carbon dioxide cap-7
tured from stationary sources in deep 8
saline formations, using existing re-9
search; 10
‘‘(II) recommendations, if any, 11
for managing the potential risks iden-12
tified under subclause (I), including 13
potential risks unique to public land; 14
and 15
‘‘(III) recommendations, if any, 16
for Federal legislation or other policy 17
changes to mitigate any potential 18
risks identified under subclause (I). 19
‘‘(E) REPORT ON CARBON DIOXIDE NON-20
REGULATORY STRATEGIES AND TECH-21
NOLOGIES.— 22
‘‘(i) IN GENERAL.—Not less fre-23
quently than once every 2 years, the Ad-24
ministrator shall submit to the Committee 25
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on Environment and Public Works of the 1
Senate and the Committee on Energy and 2
Commerce of the House of Representatives 3
a report that describes— 4
‘‘(I) the recipients of assistance 5
under subparagraphs (B) and (C); 6
and 7
‘‘(II) a plan for supporting addi-8
tional nonregulatory strategies and 9
technologies that could significantly 10
prevent carbon dioxide emissions or 11
reduce carbon dioxide levels in the air, 12
in conjunction with other Federal 13
agencies. 14
‘‘(ii) INCLUSIONS.—The plan sub-15
mitted under clause (i) shall include— 16
‘‘(I) a methodology for evaluating 17
and ranking technologies based on the 18
ability of the technologies to cost ef-19
fectively reduce carbon dioxide emis-20
sions or carbon dioxide levels in the 21
air; and 22
‘‘(II) a description of any nonair- 23
related environmental or energy con-24
siderations regarding the technologies. 25
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‘‘(F) GAO REPORT.—The Comptroller 1
General of the United States shall submit to 2
Congress a report that— 3
‘‘(i) identifies all Federal grant pro-4
grams in which a purpose of a grant under 5
the program is to perform research on car-6
bon capture and utilization technologies, 7
including direct air capture technologies; 8
and 9
‘‘(ii) examines the extent to which the 10
Federal grant programs identified pursu-11
ant to clause (i) overlap or are duplica-12
tive.’’. 13
(b) REPORT.—Not later than 1 year after the date 14
of enactment of this Act, the Administrator of the Envi-15
ronmental Protection Agency (referred to in this sub-16
section as the ‘‘Administrator’’) shall submit to Congress 17
a report describing how funds appropriated to the Admin-18
istrator during the 5 most recent fiscal years have been 19
used to carry out section 103 of the Clean Air Act (42 20
U.S.C. 7403), including a description of— 21
(1) the amount of funds used to carry out spe-22
cific provisions of that section; and 23
(2) the practices used by the Administrator to 24
differentiate funding used to carry out that section, 25
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as compared to funding used to carry out other pro-1
visions of law. 2
(c) INCLUSION OF CARBON CAPTURE INFRASTRUC-3
TURE PROJECTS.—Section 41001(6) of the FAST Act (42 4
U.S.C. 4370m(6)) is amended— 5
(1) in subparagraph (A)— 6
(A) in the matter preceding clause (i), by 7
inserting ‘‘carbon capture,’’ after ‘‘manufac-8
turing,’’; 9
(B) in clause (i)(III), by striking ‘‘or’’ at 10
the end; 11
(C) by redesignating clause (ii) as clause 12
(iii); and 13
(D) by inserting after clause (i) the fol-14
lowing: 15
‘‘(ii) is covered by a programmatic 16
plan or environmental review developed for 17
the primary purpose of facilitating develop-18
ment of carbon dioxide pipelines; or’’; and 19
(2) by adding at the end the following: 20
‘‘(C) INCLUSION.—For purposes of sub-21
paragraph (A), construction of infrastructure 22
for carbon capture includes construction of— 23
‘‘(i) any facility, technology, or system 24
that captures, utilizes, or sequesters car-25
301
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bon dioxide emissions, including projects 1
for direct air capture (as defined in para-2
graph (6)(B)(i) of section 103(g) of the 3
Clean Air Act (42 U.S.C. 7403(g)); and 4
‘‘(ii) carbon dioxide pipelines.’’. 5
(d) DEVELOPMENT OF CARBON CAPTURE, UTILIZA-6
TION, AND SEQUESTRATION REPORT, PERMITTING GUID-7
ANCE, AND REGIONAL PERMITTING TASK FORCE.— 8
(1) DEFINITIONS.—In this subsection: 9
(A) CARBON CAPTURE, UTILIZATION, AND 10
SEQUESTRATION PROJECTS.—The term ‘‘carbon 11
capture, utilization, and sequestration projects’’ 12
includes projects for direct air capture (as de-13
fined in paragraph (6)(B)(i) of section 103(g) 14
of the Clean Air Act (42 U.S.C. 7403(g))). 15
(B) EFFICIENT, ORDERLY, AND RESPON-16
SIBLE.—The term ‘‘efficient, orderly, and re-17
sponsible’’ means, with respect to development 18
or the permitting process for carbon capture, 19
utilization, and sequestration projects and car-20
bon dioxide pipelines, a process that is com-21
pleted in an expeditious manner while maintain-22
ing environmental, health, and safety protec-23
tions. 24
(2) REPORT.— 25
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(A) IN GENERAL.—Not later than 180 1
days after the date of enactment of this Act, 2
the Chair of the Council on Environmental 3
Quality (referred to in this subsection as the 4
‘‘Chair’’), in consultation with the Adminis-5
trator of the Environmental Protection Agency, 6
the Secretary of Energy, the Secretary of the 7
Interior, the Executive Director of the Federal 8
Permitting Improvement Council, and the head 9
of any other relevant Federal agency (as deter-10
mined by the President), shall prepare a report 11
that— 12
(i) compiles all existing relevant Fed-13
eral permitting and review information and 14
resources for project applicants, agencies, 15
and other stakeholders interested in the 16
deployment of carbon capture, utilization, 17
and sequestration projects and carbon di-18
oxide pipelines, including— 19
(I) the appropriate points of 20
interaction with Federal agencies; 21
(II) clarification of the permit-22
ting responsibilities and authorities 23
among Federal agencies; and 24
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(III) best practices and templates 1
for permitting; 2
(ii) inventories current or emerging 3
activities that transform captured carbon 4
dioxide into a product of commercial value, 5
or as an input to products of commercial 6
value; 7
(iii) inventories existing initiatives and 8
recent publications that analyze or identify 9
priority carbon dioxide pipelines needed to 10
enable efficient, orderly, and responsible 11
development of carbon capture, utilization, 12
and sequestration projects at increased 13
scale; 14
(iv) identifies gaps in the current Fed-15
eral regulatory framework for the deploy-16
ment of carbon capture, utilization, and se-17
questration projects and carbon dioxide 18
pipelines; and 19
(v) identifies Federal financing mech-20
anisms available to project developers. 21
(B) SUBMISSION; PUBLICATION.—The 22
Chair shall— 23
(i) submit the report under subpara-24
graph (A) to the Committee on Environ-25
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ment and Public Works of the Senate and 1
the Committee on Energy and Commerce 2
of the House of Representatives; and 3
(ii) as soon as practicable, make the 4
report publicly available. 5
(3) GUIDANCE.— 6
(A) IN GENERAL.—After submission of the 7
report under paragraph (2)(B), but not later 8
than 1 year after the date of enactment of this 9
Act, the Chair shall submit guidance consistent 10
with that report to all relevant Federal agencies 11
that— 12
(i) facilitates reviews associated with 13
the deployment of carbon capture, utiliza-14
tion, and sequestration projects and carbon 15
dioxide pipelines; and 16
(ii) supports the efficient, orderly, and 17
responsible development of carbon capture, 18
utilization, and sequestration projects and 19
carbon dioxide pipelines. 20
(B) REQUIREMENTS.— 21
(i) IN GENERAL.—The guidance under 22
subparagraph (A) shall address require-23
ments under— 24
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(I) the National Environmental 1
Policy Act of 1969 (42 U.S.C. 4321 2
et seq.); 3
(II) the Federal Water Pollution 4
Control Act (33 U.S.C. 1251 et seq.); 5
(III) the Clean Air Act (42 6
U.S.C. 7401 et seq.); 7
(IV) the Safe Drinking Water 8
Act (42 U.S.C. 300f et seq.); 9
(V) the Endangered Species Act 10
of 1973 (16 U.S.C. 1531 et seq.); 11
(VI) division A of subtitle III of 12
title 54, United States Code (formerly 13
known as the ‘‘National Historic 14
Preservation Act’’); 15
(VII) the Migratory Bird Treaty 16
Act (16 U.S.C. 703 et seq.); 17
(VIII) the Act of June 8, 1940 18
(16 U.S.C. 668 et seq.) (commonly 19
known as the ‘‘Bald and Golden Eagle 20
Protection Act’’); and 21
(IX) any other Federal law that 22
the Chair determines to be appro-23
priate. 24
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(ii) ENVIRONMENTAL REVIEWS.—The 1
guidance under subparagraph (A) shall in-2
clude direction to States and other inter-3
ested parties for the development of pro-4
grammatic environmental reviews under 5
the National Environmental Policy Act of 6
1969 (42 U.S.C. 4321 et seq.) for carbon 7
capture, utilization, and sequestration 8
projects and carbon dioxide pipelines. 9
(iii) PUBLIC INVOLVEMENT.—The 10
guidance under subparagraph (A) shall be 11
subject to the public notice, comment, and 12
solicitation of information procedures 13
under section 1506.6 of title 40, Code of 14
Federal Regulations (or a successor regula-15
tion). 16
(C) SUBMISSION; PUBLICATION.—The 17
Chair shall— 18
(i) submit the guidance under sub-19
paragraph (A) to the Committee on Envi-20
ronment and Public Works of the Senate 21
and the Committee on Energy and Com-22
merce of the House of Representatives; 23
and 24
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(ii) as soon as practicable, make the 1
guidance publicly available. 2
(D) EVALUATION.—The Chair shall— 3
(i) periodically evaluate the reports of 4
the task forces under paragraph (4)(E) 5
and, as necessary, revise the guidance 6
under subparagraph (A); and 7
(ii) each year, submit to the Com-8
mittee on Environment and Public Works 9
of the Senate, the Committee on Energy 10
and Commerce of the House of Represent-11
atives, and relevant Federal agencies a re-12
port that describes any recommendations 13
for legislation, rules, revisions to rules, or 14
other policies that would address the issues 15
identified by the task forces under para-16
graph (4)(E). 17
(4) TASK FORCE.— 18
(A) ESTABLISHMENT.—Not later than 18 19
months after the date of enactment of this Act, 20
the Chair shall establish not less than 2 task 21
forces, which shall each cover a different geo-22
graphical area with differing demographic, land 23
use, or geological issues— 24
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(i) to identify permitting and other 1
challenges and successes that permitting 2
authorities and project developers and op-3
erators face; and 4
(ii) to improve the performance of the 5
permitting process and regional coordina-6
tion for the purpose of promoting the effi-7
cient, orderly, and responsible development 8
of carbon capture, utilization, and seques-9
tration projects and carbon dioxide pipe-10
lines. 11
(B) MEMBERS AND SELECTION.— 12
(i) IN GENERAL.—The Chair shall— 13
(I) develop criteria for the selec-14
tion of members to each task force; 15
and 16
(II) select members for each task 17
force in accordance with subclause (I) 18
and clause (ii). 19
(ii) MEMBERS.—Each task force— 20
(I) shall include not less than 1 21
representative of each of— 22
(aa) the Environmental Pro-23
tection Agency; 24
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(bb) the Department of En-1
ergy; 2
(cc) the Department of the 3
Interior; 4
(dd) any other Federal 5
agency the Chair determines to 6
be appropriate; 7
(ee) any State that requests 8
participation in the geographical 9
area covered by the task force; 10
(ff) developers or operators 11
of carbon capture, utilization, 12
and sequestration projects or car-13
bon dioxide pipelines; and 14
(gg) nongovernmental mem-15
bership organizations, the pri-16
mary mission of which concerns 17
protection of the environment; 18
and 19
(II) at the request of a Tribal or 20
local government, may include a rep-21
resentative of— 22
(aa) not less than 1 local 23
government in the geographical 24
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area covered by the task force; 1
and 2
(bb) not less than 1 Tribal 3
government in the geographical 4
area covered by the task force. 5
(C) MEETINGS.— 6
(i) IN GENERAL.—Each task force 7
shall meet not less than twice each year. 8
(ii) JOINT MEETING.—To the max-9
imum extent practicable, the task forces 10
shall meet collectively not less than once 11
each year. 12
(D) DUTIES.—Each task force shall— 13
(i) inventory existing or potential Fed-14
eral and State approaches to facilitate re-15
views associated with the deployment of 16
carbon capture, utilization, and sequestra-17
tion projects and carbon dioxide pipelines, 18
including best practices that— 19
(I) avoid duplicative reviews; 20
(II) engage stakeholders early in 21
the permitting process; and 22
(III) make the permitting process 23
efficient, orderly, and responsible; 24
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(ii) develop common models for State- 1
level carbon dioxide pipeline regulation and 2
oversight guidelines that can be shared 3
with States in the geographical area cov-4
ered by the task force; 5
(iii) provide technical assistance to 6
States in the geographical area covered by 7
the task force in implementing regulatory 8
requirements and any models developed 9
under clause (ii); 10
(iv) inventory current or emerging ac-11
tivities that transform captured carbon di-12
oxide into a product of commercial value, 13
or as an input to products of commercial 14
value; 15
(v) identify any priority carbon diox-16
ide pipelines needed to enable efficient, or-17
derly, and responsible development of car-18
bon capture, utilization, and sequestration 19
projects at increased scale; 20
(vi) identify gaps in the current Fed-21
eral and State regulatory framework and 22
in existing data for the deployment of car-23
bon capture, utilization, and sequestration 24
projects and carbon dioxide pipelines; 25
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(vii) identify Federal and State fi-1
nancing mechanisms available to project 2
developers; and 3
(viii) develop recommendations for rel-4
evant Federal agencies on how to develop 5
and research technologies that— 6
(I) can capture carbon dioxide; 7
and 8
(II) would be able to be deployed 9
within the region covered by the task 10
force, including any projects that have 11
received technical or financial assist-12
ance for research under paragraph (6) 13
of section 103(g) of the Clean Air Act 14
(42 U.S.C. 7403(g)). 15
(E) REPORT.—Each year, each task force 16
shall prepare and submit to the Chair and to 17
the other task forces a report that includes— 18
(i) any recommendations for improve-19
ments in efficient, orderly, and responsible 20
issuance or administration of Federal per-21
mits and other Federal authorizations re-22
quired under a law described in paragraph 23
(3)(B)(i); and 24
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(ii) any other nationally relevant in-1
formation that the task force has collected 2
in carrying out the duties under subpara-3
graph (D). 4
(F) EVALUATION.—Not later than 5 years 5
after the date of enactment of this Act, the 6
Chair shall— 7
(i) reevaluate the need for the task 8
forces; and 9
(ii) submit to Congress a rec-10
ommendation as to whether the task forces 11
should continue. 12
SEC. 1407. PROMOTING RESILIENT OPERATIONS FOR 13
TRANSFORMATIVE, EFFICIENT, AND COST- 14
SAVING TRANSPORTATION (PROTECT) GRANT 15
PROGRAM. 16
(a) IN GENERAL.—Chapter 1 of title 23, United 17
States Code (as amended by section 1403(a)), is amended 18
by adding at the end the following: 19
‘‘§ 179. Promoting Resilient Operations for Trans-20
formative, Efficient, and Cost-saving 21
Transportation (PROTECT) grant pro-22
gram 23
‘‘(a) DEFINITIONS.—In this section: 24
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‘‘(1) EMERGENCY EVENT.—The term ‘emer-1
gency event’ means a natural disaster or cata-2
strophic failure resulting in— 3
‘‘(A) an emergency declared by the Gov-4
ernor of the State in which the disaster or fail-5
ure occurred; or 6
‘‘(B) an emergency or disaster declared by 7
the President. 8
‘‘(2) EVACUATION ROUTE.—The term ‘evacu-9
ation route’ means a transportation route or system 10
that— 11
‘‘(A) is owned, operated, or maintained by 12
a Federal, State, Tribal, or local government or 13
a private entity; 14
‘‘(B) is used— 15
‘‘(i) to transport the public away from 16
emergency events; or 17
‘‘(ii) to transport emergency respond-18
ers and recovery resources; and 19
‘‘(C) is designated by the eligible entity 20
with jurisdiction over the area in which the 21
route is located for the purposes described in 22
subparagraph (B). 23
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‘‘(3) PROGRAM.—The term ‘program’ means 1
the grant program established under subsection 2
(b)(1). 3
‘‘(4) RESILIENCE IMPROVEMENT.—The term 4
‘resilience improvement’ means the use of materials 5
or structural or nonstructural techniques, including 6
natural infrastructure— 7
‘‘(A) that allow a project— 8
‘‘(i) to better anticipate, prepare for, 9
and adapt to changing conditions and to 10
withstand and respond to disruptions; and 11
‘‘(ii) to be better able to continue to 12
serve the primary function of the project 13
during and after weather events and nat-14
ural disasters for the expected life of the 15
project; or 16
‘‘(B) that— 17
‘‘(i) reduce the magnitude and dura-18
tion of impacts of current and future 19
weather events and natural disasters to a 20
project; or 21
‘‘(ii) have the absorptive capacity, 22
adaptive capacity, and recoverability to de-23
crease project vulnerability to current and 24
future weather events or natural disasters. 25
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‘‘(b) ESTABLISHMENT.— 1
‘‘(1) IN GENERAL.—The Secretary shall estab-2
lish a grant program, to be known as the ‘Promoting 3
Resilient Operations for Transformative, Efficient, 4
and Cost-saving Transportation grant program’ or 5
the ‘PROTECT grant program’. 6
‘‘(2) PURPOSE.—The purpose of the program is 7
to provide grants for resilience improvements 8
through— 9
‘‘(A) formula funding distributed to States; 10
‘‘(B) competitive planning grants to enable 11
communities to assess vulnerabilities to current 12
and future weather events and natural disasters 13
and changing conditions, including sea level 14
rise, and plan infrastructure improvements and 15
emergency response strategies to address those 16
vulnerabilities; and 17
‘‘(C) competitive resilience improvement 18
grants to protect— 19
‘‘(i) infrastructure assets by making 20
the assets more resilient to current and fu-21
ture weather events and natural disasters, 22
such as severe storms, flooding, drought, 23
levee and dam failures, wildfire, rockslides, 24
mudslides, sea level rise, extreme weather, 25
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including extreme temperature, and earth-1
quakes; 2
‘‘(ii) communities through resilience 3
improvements and strategies that allow for 4
the continued operation or rapid recovery 5
of surface transportation systems that— 6
‘‘(I) serve critical local, regional, 7
and national needs, including evacu-8
ation routes; and 9
‘‘(II) provide access or service to 10
hospitals and other medical or emer-11
gency service facilities, major employ-12
ers, critical manufacturing centers, 13
ports and intermodal facilities, utili-14
ties, and Federal facilities; 15
‘‘(iii) coastal infrastructure, such as a 16
tide gate, that is at long-term risk to sea 17
level rise; and 18
‘‘(iv) natural infrastructure that pro-19
tects and enhances surface transportation 20
assets while improving ecosystem condi-21
tions, including culverts that ensure ade-22
quate flows in rivers and estuarine sys-23
tems. 24
‘‘(c) FORMULA AWARDS.— 25
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‘‘(1) DISTRIBUTION OF FUNDS TO STATES.— 1
‘‘(A) IN GENERAL.—For each fiscal year, 2
the Secretary shall distribute among the States 3
the amounts made available to carry out this 4
subsection for that fiscal year in accordance 5
with subparagraph (B). 6
‘‘(B) DISTRIBUTION.—The amount for 7
each State shall be determined by multiplying 8
the total amount made available to carry out 9
this subsection for the applicable fiscal year by 10
the ratio that— 11
‘‘(i) the total base apportionment for 12
the State under section 104(c); bears to 13
‘‘(ii) the total base apportionments for 14
all States under section 104(c). 15
‘‘(2) ELIGIBLE ACTIVITIES.— 16
‘‘(A) IN GENERAL.—Except as provided in 17
subparagraph (B), a State shall use funds made 18
available under paragraph (1) to carry out ac-19
tivities eligible under subparagraph (A), (B), or 20
(C) of subsection (d)(4). 21
‘‘(B) PLANNING SET-ASIDE.—Of the 22
amounts made available to each State under 23
paragraph (1) for each fiscal year, not less than 24
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2 percent shall be for activities described in 1
subsection (d)(3). 2
‘‘(3) REQUIREMENTS.— 3
‘‘(A) PROJECTS IN CERTAIN AREAS.—If a 4
project under this subsection is carried out, in 5
whole or in part, within a base floodplain, the 6
State shall— 7
‘‘(i) identify the base floodplain in 8
which the project is to be located and dis-9
close that information to the Secretary; 10
and 11
‘‘(ii) indicate to the Secretary whether 12
the State plans to implement 1 or more 13
components of the risk mitigation plan 14
under section 322 of the Robert T. Staf-15
ford Disaster Relief and Emergency Assist-16
ance Act (42 U.S.C. 5165) with respect to 17
the area. 18
‘‘(B) ELIGIBILITIES.—A State shall use 19
funds made available under paragraph (1) for— 20
‘‘(i) a highway project eligible for as-21
sistance under this title; 22
‘‘(ii) a public transportation facility or 23
service eligible for assistance under chapter 24
53 of title 49; 25
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‘‘(iii) a facility or service for intercity 1
rail passenger transportation (as defined in 2
section 24102 of title 49); or 3
‘‘(iv) a port facility, including a facil-4
ity that— 5
‘‘(I) connects a port to other 6
modes of transportation; 7
‘‘(II) improves the efficiency of 8
evacuations and disaster relief; or 9
‘‘(III) aids transportation. 10
‘‘(C) SYSTEM RESILIENCE.—A project car-11
ried out by a State with funds made available 12
under this subsection may include the use of 13
natural infrastructure or the construction or 14
modification of storm surge, flood protection, or 15
aquatic ecosystem restoration elements that are 16
functionally connected to a transportation im-17
provement, such as— 18
‘‘(i) increasing marsh health and total 19
area adjacent to a highway right-of-way to 20
promote additional flood storage; 21
‘‘(ii) upgrades to and installing of cul-22
verts designed to withstand 100-year flood 23
events; 24
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‘‘(iii) upgrades to and installation of 1
tide gates to protect highways; and 2
‘‘(iv) upgrades to and installation of 3
flood gates to protect tunnel entrances. 4
‘‘(D) FEDERAL COST SHARE.— 5
‘‘(i) IN GENERAL.—Except as pro-6
vided in subsection (f)(1), the Federal 7
share of the cost of a project carried out 8
using funds made available under para-9
graph (1) shall not exceed 80 percent of 10
the total project cost. 11
‘‘(ii) NON-FEDERAL SHARE.—A State 12
may use Federal funds other than Federal 13
funds made available under this subsection 14
to meet the non-Federal cost share re-15
quirement for a project under this sub-16
section. 17
‘‘(E) ELIGIBLE PROJECT COSTS.— 18
‘‘(i) IN GENERAL.—Except as pro-19
vided in clause (ii), eligible project costs 20
for activities carried out by a State with 21
funds made available under paragraph (1) 22
may include the costs of— 23
‘‘(I) development phase activities, 24
including planning, feasibility anal-25
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ysis, revenue forecasting, environ-1
mental review, preliminary engineer-2
ing and design work, and other 3
preconstruction activities; and 4
‘‘(II) construction, reconstruc-5
tion, rehabilitation, and acquisition of 6
real property (including land related 7
to the project and improvements to 8
land), environmental mitigation, con-9
struction contingencies, acquisition of 10
equipment directly related to improv-11
ing system performance, and oper-12
ational improvements. 13
‘‘(ii) ELIGIBLE PLANNING COSTS.—In 14
the case of a planning activity described in 15
subsection (d)(3) that is carried out by a 16
State with funds made available under 17
paragraph (1), eligible costs may include 18
development phase activities, including 19
planning, feasibility analysis, revenue fore-20
casting, environmental review, preliminary 21
engineering and design work, other 22
preconstruction activities, and other activi-23
ties consistent with carrying out the pur-24
poses of subsection (d)(3). 25
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‘‘(F) LIMITATIONS.—In carrying out this 1
subsection, a State— 2
‘‘(i) may use not more than 25 per-3
cent of the amounts made available under 4
this subsection for the construction of new 5
capacity; and 6
‘‘(ii) may use not more than 10 per-7
cent of the amounts made available under 8
this subsection for activities described in 9
subparagraph (E)(i)(I). 10
‘‘(d) COMPETITIVE AWARDS.— 11
‘‘(1) IN GENERAL.—In addition to funds dis-12
tributed to States under subsection (c)(1), the Sec-13
retary shall provide grants on a competitive basis 14
under this subsection to eligible entities described in 15
paragraph (2). 16
‘‘(2) ELIGIBLE ENTITIES.—The Secretary may 17
make a grant under this subsection to any of the fol-18
lowing: 19
‘‘(A) A State or political subdivision of a 20
State. 21
‘‘(B) A metropolitan planning organiza-22
tion. 23
‘‘(C) A unit of local government. 24
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‘‘(D) A special purpose district or public 1
authority with a transportation function, includ-2
ing a port authority. 3
‘‘(E) An Indian tribe (as defined in section 4
207(m)(1)). 5
‘‘(F) A Federal land management agency 6
that applies jointly with a State or group of 7
States. 8
‘‘(G) A multi-State or multijurisdictional 9
group of entities described in subparagraphs 10
(A) through (F). 11
‘‘(3) PLANNING GRANTS.—Using funds made 12
available under this subsection, the Secretary shall 13
provide planning grants to eligible entities for the 14
purpose of— 15
‘‘(A) in the case of a State or metropolitan 16
planning organization, developing a resilience 17
improvement plan under subsection (f)(2); 18
‘‘(B) resilience planning, predesign, design, 19
or the development of data tools to simulate 20
transportation disruption scenarios, including 21
vulnerability assessments; 22
‘‘(C) technical capacity building by the eli-23
gible entity to facilitate the ability of the eligi-24
ble entity to assess the vulnerabilities of the in-25
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frastructure assets and community response 1
strategies of the eligible entity under current 2
conditions and a range of potential future con-3
ditions; or 4
‘‘(D) evacuation planning and preparation. 5
‘‘(4) RESILIENCE GRANTS.— 6
‘‘(A) RESILIENCE IMPROVEMENT 7
GRANTS.— 8
‘‘(i) IN GENERAL.—Using funds made 9
available under this subsection, the Sec-10
retary shall provide resilience improvement 11
grants to eligible entities to carry out 1 or 12
more eligible activities under clause (ii). 13
‘‘(ii) ELIGIBLE ACTIVITIES.— 14
‘‘(I) IN GENERAL.—An eligible 15
entity may use a resilience improve-16
ment grant under this subparagraph 17
for 1 or more construction activities 18
to enable an existing surface transpor-19
tation infrastructure asset to with-20
stand 1 or more elements of a weather 21
event or natural disaster, or to in-22
crease the resilience of surface trans-23
portation infrastructure from the im-24
pacts of changing conditions, such as 25
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sea level rise, flooding, extreme weath-1
er events, and other natural disasters. 2
‘‘(II) INCLUSIONS.—An activity 3
eligible to be carried out under this 4
subparagraph includes— 5
‘‘(aa) resurfacing, restora-6
tion, rehabilitation, reconstruc-7
tion, replacement, improvement, 8
or realignment of an existing sur-9
face transportation facility eligi-10
ble for assistance under this title; 11
‘‘(bb) the incorporation of 12
natural infrastructure; 13
‘‘(cc) the upgrade of an ex-14
isting surface transportation fa-15
cility to meet or exceed Federal 16
Highway Administration ap-17
proved design standards; 18
‘‘(dd) the installation of 19
mitigation measures that prevent 20
the intrusion of floodwaters into 21
surface transportation systems; 22
‘‘(ee) strengthening systems 23
that remove rainwater from sur-24
face transportation facilities; 25
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‘‘(ff) a resilience project that 1
addresses identified 2
vulnerabilities described in the 3
resilience improvement plan of 4
the eligible entity, if applicable; 5
‘‘(gg) relocating roadways in 6
a base floodplain to higher 7
ground above projected flood ele-8
vation levels, or away from slide 9
prone areas; 10
‘‘(hh) stabilizing slide areas 11
or slopes; 12
‘‘(ii) installing riprap; 13
‘‘(jj) lengthening or raising 14
bridges to increase waterway 15
openings, including to respond to 16
extreme weather; 17
‘‘(kk) deepening channels to 18
prevent flooding; 19
‘‘(ll) increasing the size or 20
number of drainage structures; 21
‘‘(mm) installing seismic ret-22
rofits on bridges; 23
‘‘(nn) adding scour protec-24
tion at bridges; 25
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‘‘(oo) adding scour, stream 1
stability, coastal, and other hy-2
draulic countermeasures, includ-3
ing spur dikes; and 4
‘‘(pp) any other protective 5
features, including natural infra-6
structure, as determined by the 7
Secretary. 8
‘‘(iii) PRIORITY.—The Secretary shall 9
prioritize a resilience improvement grant to 10
an eligible entity if— 11
‘‘(I) the Secretary determines— 12
‘‘(aa) the benefits of the eli-13
gible activity proposed to be car-14
ried out by the eligible entity ex-15
ceed the costs of the activity; and 16
‘‘(bb) there is a need to ad-17
dress the vulnerabilities of infra-18
structure assets of the eligible 19
entity with a high risk of, and 20
impacts associated with, failure 21
due to the impacts of weather 22
events, natural disasters, or 23
changing conditions, such as sea 24
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level rise and increased flood 1
risk; or 2
‘‘(II) the eligible activity pro-3
posed to be carried out by the eligible 4
entity is included in the applicable re-5
silience improvement plan under sub-6
section (f)(2). 7
‘‘(B) COMMUNITY RESILIENCE AND EVAC-8
UATION ROUTE GRANTS.— 9
‘‘(i) IN GENERAL.—Using funds made 10
available under this subsection, the Sec-11
retary shall provide community resilience 12
and evacuation route grants to eligible en-13
tities to carry out 1 or more eligible activi-14
ties under clause (ii). 15
‘‘(ii) ELIGIBLE ACTIVITIES.—An eligi-16
ble entity may use a community resilience 17
and evacuation route grant under this sub-18
paragraph for 1 or more projects that 19
strengthen and protect evacuation routes 20
that are essential for providing and sup-21
porting evacuations caused by emergency 22
events, including a project that— 23
‘‘(I) is an eligible activity under 24
subparagraph (A)(ii), if that eligible 25
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activity will improve an evacuation 1
route; 2
‘‘(II) ensures the ability of the 3
evacuation route to provide safe pas-4
sage during an evacuation and re-5
duces the risk of damage to evacu-6
ation routes as a result of future 7
emergency events, including restoring 8
or replacing existing evacuation routes 9
that are in poor condition or not de-10
signed to meet the anticipated de-11
mand during an emergency event, and 12
including steps to protect routes from 13
mud, rock, or other debris slides; 14
‘‘(III) if the Secretary determines 15
that existing evacuation routes are not 16
sufficient to adequately facilitate evac-17
uations, including the transportation 18
of emergency responders and recovery 19
resources, expands the capacity of 20
evacuation routes to swiftly and safely 21
accommodate evacuations, including 22
installation of— 23
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‘‘(aa) communications and 1
intelligent transportation system 2
equipment and infrastructure; 3
‘‘(bb) counterflow measures; 4
or 5
‘‘(cc) shoulders; 6
‘‘(IV) is for the construction of— 7
‘‘(aa) new or redundant 8
evacuation routes, if the Sec-9
retary determines that existing 10
evacuation routes are not suffi-11
cient to adequately facilitate 12
evacuations, including the trans-13
portation of emergency respond-14
ers and recovery resources; or 15
‘‘(bb) sheltering facilities 16
that are functionally connected to 17
an eligible project; 18
‘‘(V) is for the acquisition of 19
evacuation route or traffic incident 20
management equipment, vehicles, or 21
signage; or 22
‘‘(VI) will ensure access or serv-23
ice to critical destinations, including 24
hospitals and other medical or emer-25
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gency service facilities, major employ-1
ers, critical manufacturing centers, 2
ports and intermodal facilities, utili-3
ties, and Federal facilities. 4
‘‘(iii) PRIORITY.—The Secretary shall 5
prioritize community resilience and evacu-6
ation route grants under this subpara-7
graph for eligible activities that are cost-ef-8
fective, as determined by the Secretary, 9
taking into account— 10
‘‘(I) current and future 11
vulnerabilities to an evacuation route 12
due to future occurrence or recurrence 13
of emergency events that are likely to 14
occur in the geographic area in which 15
the evacuation route is located; and 16
‘‘(II) projected changes in devel-17
opment patterns, demographics, and 18
extreme weather events based on the 19
best available evidence and analysis. 20
‘‘(iv) CONSULTATION.—In providing 21
grants for community resilience and evacu-22
ation routes under this subparagraph, the 23
Secretary shall consult with the Adminis-24
trator of the Federal Emergency Manage-25
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ment Agency, who shall provide technical 1
assistance to the Secretary and to eligible 2
entities. 3
‘‘(C) AT-RISK COASTAL INFRASTRUCTURE 4
GRANTS.— 5
‘‘(i) DEFINITION OF COASTAL 6
STATE.—In this subparagraph, the term 7
‘coastal State’ means— 8
‘‘(I) a State in, or bordering on, 9
the Atlantic, Pacific, or Arctic Ocean, 10
the Gulf of Mexico, Long Island 11
Sound, or 1 or more of the Great 12
Lakes; 13
‘‘(II) the United States Virgin Is-14
lands; 15
‘‘(III) Guam; 16
‘‘(IV) American Samoa; and 17
‘‘(V) the Commonwealth of the 18
Northern Mariana Islands. 19
‘‘(ii) GRANTS.—Using funds made 20
available under this subsection, the Sec-21
retary shall provide at-risk coastal infra-22
structure grants to eligible entities in 23
coastal States to carry out 1 or more eligi-24
ble activities under clause (iii). 25
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‘‘(iii) ELIGIBLE ACTIVITIES.—An eli-1
gible entity may use an at-risk coastal in-2
frastructure grant under this subpara-3
graph for strengthening, stabilizing, hard-4
ening, elevating, relocating, or otherwise 5
enhancing the resilience of highway and 6
non-rail infrastructure, including bridges, 7
roads, pedestrian walkways, and bicycle 8
lanes, and associated infrastructure, such 9
as culverts and tide gates, that are subject 10
to, or face increased long-term future risks 11
of, a weather event, a natural disaster, or 12
changing conditions, including coastal 13
flooding, coastal erosion, wave action, 14
storm surge, or sea level rise, in order to 15
improve transportation and public safety 16
and to reduce costs by avoiding larger fu-17
ture maintenance or rebuilding costs. 18
‘‘(iv) CRITERIA.—The Secretary shall 19
provide at-risk coastal infrastructure 20
grants under this subparagraph for a 21
project— 22
‘‘(I) that addresses the risks 23
from a current or future weather 24
event or natural disaster, including 25
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coastal flooding, coastal erosion, wave 1
action, storm surge, or sea level 2
change; and 3
‘‘(II) that reduces long-term in-4
frastructure costs by avoiding larger 5
future maintenance or rebuilding 6
costs. 7
‘‘(v) COASTAL BENEFITS.—In addi-8
tion to the criteria under clause (iv), for 9
the purpose of providing at-risk coastal in-10
frastructure grants under this subpara-11
graph, the Secretary shall evaluate the ex-12
tent to which a project will provide— 13
‘‘(I) access to coastal homes, 14
businesses, communities, and other 15
critical infrastructure, including ac-16
cess by first responders and other 17
emergency personnel; or 18
‘‘(II) access to a designated evac-19
uation route. 20
‘‘(5) GRANT REQUIREMENTS.— 21
‘‘(A) SOLICITATIONS FOR GRANTS.—In 22
providing grants under this subsection, the Sec-23
retary shall conduct a transparent and competi-24
tive national solicitation process to select eligi-25
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ble projects to receive grants under paragraph 1
(3) and subparagraphs (A), (B), and (C) of 2
paragraph (4). 3
‘‘(B) APPLICATIONS.— 4
‘‘(i) IN GENERAL.—To be eligible to 5
receive a grant under paragraph (3) or 6
subparagraph (A), (B), or (C) of para-7
graph (4), an eligible entity shall submit to 8
the Secretary an application in such form, 9
at such time, and containing such informa-10
tion as the Secretary determines to be nec-11
essary. 12
‘‘(ii) PROJECTS IN CERTAIN AREAS.— 13
If a project is proposed to be carried out 14
by the eligible entity, in whole or in part, 15
within a base floodplain, the eligible entity 16
shall— 17
‘‘(I) as part of the application, 18
identify the floodplain in which the 19
project is to be located and disclose 20
that information to the Secretary; and 21
‘‘(II) indicate in the application 22
whether, if selected, the eligible entity 23
will implement 1 or more components 24
of the risk mitigation plan under sec-25
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tion 322 of the Robert T. Stafford 1
Disaster Relief and Emergency Assist-2
ance Act (42 U.S.C. 5165) with re-3
spect to the area. 4
‘‘(C) ELIGIBILITIES.—The Secretary may 5
make a grant under paragraph (3) or subpara-6
graph (A), (B), or (C) of paragraph (4) only 7
for— 8
‘‘(i) a highway project eligible for as-9
sistance under this title; 10
‘‘(ii) a public transportation facility or 11
service eligible for assistance under chapter 12
53 of title 49; 13
‘‘(iii) a facility or service for intercity 14
rail passenger transportation (as defined in 15
section 24102 of title 49); or 16
‘‘(iv) a port facility, including a facil-17
ity that— 18
‘‘(I) connects a port to other 19
modes of transportation; 20
‘‘(II) improves the efficiency of 21
evacuations and disaster relief; or 22
‘‘(III) aids transportation. 23
‘‘(D) SYSTEM RESILIENCE.—A project for 24
which a grant is provided under paragraph (3) 25
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or subparagraph (A), (B), or (C) of paragraph 1
(4) may include the use of natural infrastruc-2
ture or the construction or modification of 3
storm surge, flood protection, or aquatic eco-4
system restoration elements that the Secretary 5
determines are functionally connected to a 6
transportation improvement, such as— 7
‘‘(i) increasing marsh health and total 8
area adjacent to a highway right-of-way to 9
promote additional flood storage; 10
‘‘(ii) upgrades to and installing of cul-11
verts designed to withstand 100-year flood 12
events; 13
‘‘(iii) upgrades to and installation of 14
tide gates to protect highways; and 15
‘‘(iv) upgrades to and installation of 16
flood gates to protect tunnel entrances. 17
‘‘(E) FEDERAL COST SHARE.— 18
‘‘(i) PLANNING GRANT.—The Federal 19
share of the cost of a planning activity car-20
ried out using a planning grant under 21
paragraph (3) shall be 100 percent. 22
‘‘(ii) RESILIENCE GRANTS.— 23
‘‘(I) IN GENERAL.—Except as 24
provided in subclause (II) and sub-25
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section (f)(1), the Federal share of 1
the cost of a project carried out using 2
a grant under subparagraph (A), (B), 3
or (C) of paragraph (4) shall not ex-4
ceed 80 percent of the total project 5
cost. 6
‘‘(II) TRIBAL PROJECTS.—On 7
the determination of the Secretary, 8
the Federal share of the cost of a 9
project carried out using a grant 10
under subparagraph (A), (B), or (C) 11
of paragraph (4) by an Indian tribe 12
(as defined in section 207(m)(1)) may 13
be up to 100 percent. 14
‘‘(iii) NON-FEDERAL SHARE.—The eli-15
gible entity may use Federal funds other 16
than Federal funds provided under this 17
subsection to meet the non-Federal cost 18
share requirement for a project carried out 19
with a grant under this subsection. 20
‘‘(F) ELIGIBLE PROJECT COSTS.— 21
‘‘(i) RESILIENCE GRANT PROJECTS.— 22
Eligible project costs for activities funded 23
with a grant under subparagraph (A), (B), 24
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or (C) of paragraph (4) may include the 1
costs of— 2
‘‘(I) development phase activities, 3
including planning, feasibility anal-4
ysis, revenue forecasting, environ-5
mental review, preliminary engineer-6
ing and design work, and other 7
preconstruction activities; and 8
‘‘(II) construction, reconstruc-9
tion, rehabilitation, and acquisition of 10
real property (including land related 11
to the project and improvements to 12
land), environmental mitigation, con-13
struction contingencies, acquisition of 14
equipment directly related to improv-15
ing system performance, and oper-16
ational improvements. 17
‘‘(ii) PLANNING GRANTS.—Eligible 18
project costs for activities funded with a 19
grant under paragraph (3) may include the 20
costs of development phase activities, in-21
cluding planning, feasibility analysis, rev-22
enue forecasting, environmental review, 23
preliminary engineering and design work, 24
other preconstruction activities, and other 25
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activities consistent with carrying out the 1
purposes of that paragraph. 2
‘‘(G) LIMITATIONS.—An eligible entity 3
that receives a grant under subparagraph (A), 4
(B), or (C) of paragraph (4)— 5
‘‘(i) may use not more than 25 per-6
cent of the amount of the grant for the 7
construction of new capacity; and 8
‘‘(ii) may use not more than 10 per-9
cent of the amount of the grant for activi-10
ties described in subparagraph (F)(i)(I). 11
‘‘(H) DISTRIBUTION OF GRANTS.— 12
‘‘(i) IN GENERAL.—Subject to the 13
availability of funds, an eligible entity may 14
request and the Secretary may distribute 15
funds for a grant under this subsection on 16
a multiyear basis, as the Secretary deter-17
mines to be necessary. 18
‘‘(ii) RURAL SET-ASIDE.—Of the 19
amounts made available to carry out this 20
subsection for each fiscal year, the Sec-21
retary shall use not less than 25 percent 22
for grants for projects located in areas 23
that are outside an urbanized area with a 24
population of over 200,000. 25
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‘‘(iii) TRIBAL SET-ASIDE.—Of the 1
amounts made available to carry out this 2
subsection for each fiscal year, the Sec-3
retary shall use not less than 2 percent for 4
grants to Indian tribes (as defined in sec-5
tion 207(m)(1)). 6
‘‘(iv) REALLOCATION.—For any fiscal 7
year, if the Secretary determines that the 8
amount described in clause (ii) or (iii) will 9
not be fully utilized for the grant described 10
in that clause, the Secretary may reallocate 11
the unutilized funds to provide grants to 12
other eligible entities under this subsection. 13
‘‘(e) CONSULTATION.—In carrying out the program, 14
the Secretary shall— 15
‘‘(1) consult with the Assistant Secretary of the 16
Army for Civil Works, the Administrator of the En-17
vironmental Protection Agency, the Secretary of the 18
Interior, and the Secretary of Commerce; and 19
‘‘(2) solicit technical support from the Adminis-20
trator of the Federal Emergency Management Agen-21
cy. 22
‘‘(f) RESILIENCE IMPROVEMENT PLAN AND LOWER 23
NON-FEDERAL SHARE.— 24
‘‘(1) FEDERAL SHARE REDUCTIONS.— 25
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‘‘(A) IN GENERAL.—A State that receives 1
funds under subsection (c) or an eligible entity 2
that receives a grant under subsection (d) shall 3
have the non-Federal share of a project carried 4
out with the funds or grant, as applicable, re-5
duced by an amount described in subparagraph 6
(B) if the State or eligible entity meets the ap-7
plicable requirements under that subparagraph. 8
‘‘(B) AMOUNT OF REDUCTIONS.— 9
‘‘(i) RESILIENCE IMPROVEMENT 10
PLAN.—Subject to clause (iii), the amount 11
of the non-Federal share of the costs of a 12
project carried out with funds under sub-13
section (c) or a grant under subsection (d) 14
shall be reduced by 7 percentage points 15
if— 16
‘‘(I) in the case of a State or an 17
eligible entity that is a State or a 18
metropolitan planning organization, 19
the State or eligible entity has— 20
‘‘(aa) developed a resilience 21
improvement plan in accordance 22
with this subsection; and 23
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‘‘(bb) prioritized the project 1
on that resilience improvement 2
plan; and 3
‘‘(II) in the case of an eligible en-4
tity not described in subclause (I), the 5
eligible entity is located in a State or 6
an area served by a metropolitan 7
planning organization that has— 8
‘‘(aa) developed a resilience 9
improvement plan in accordance 10
with this subsection; and 11
‘‘(bb) prioritized the project 12
on that resilience improvement 13
plan. 14
‘‘(ii) INCORPORATION OF RESILIENCE 15
IMPROVEMENT PLAN IN OTHER PLAN-16
NING.—Subject to clause (iii), the amount 17
of the non-Federal share of the cost of a 18
project carried out with funds under sub-19
section (c) or a grant under subsection (d) 20
shall be reduced by 3 percentage points 21
if— 22
‘‘(I) in the case of a State or an 23
eligible entity that is a State or a 24
metropolitan planning organization, 25
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the resilience improvement plan devel-1
oped in accordance with this sub-2
section has been incorporated into the 3
metropolitan transportation plan 4
under section 134 or the long-range 5
statewide transportation plan under 6
section 135, as applicable; and 7
‘‘(II) in the case of an eligible en-8
tity not described in subclause (I), the 9
eligible entity is located in a State or 10
an area served by a metropolitan 11
planning organization that incor-12
porated a resilience improvement plan 13
into the metropolitan transportation 14
plan under section 134 or the long- 15
range statewide transportation plan 16
under section 135, as applicable. 17
‘‘(iii) LIMITATIONS.— 18
‘‘(I) MAXIMUM REDUCTION.—A 19
State or eligible entity may not receive 20
a reduction under this paragraph of 21
more than 10 percentage points for 22
any single project carried out with 23
funds under subsection (c) or a grant 24
under subsection (d). 25
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‘‘(II) NO NEGATIVE NON-FED-1
ERAL SHARE.—A reduction under this 2
paragraph shall not reduce the non- 3
Federal share of the costs of a project 4
carried out with funds under sub-5
section (c) or a grant under sub-6
section (d) to an amount that is less 7
than zero. 8
‘‘(2) PLAN CONTENTS.—A resilience improve-9
ment plan referred to in paragraph (1)— 10
‘‘(A) shall be for the immediate and long- 11
range planning activities and investments of the 12
State or metropolitan planning organization 13
with respect to resilience; 14
‘‘(B) shall demonstrate a systemic ap-15
proach to transportation system resilience and 16
be consistent with and complementary of the 17
State and local mitigation plans required under 18
section 322 of the Robert T. Stafford Disaster 19
Relief and Emergency Assistance Act (42 20
U.S.C. 5165); 21
‘‘(C) shall— 22
‘‘(i) include a risk-based assessment 23
of vulnerabilities of transportation assets 24
and systems to current and future weather 25
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events and natural disasters, such as se-1
vere storms, flooding, drought, levee and 2
dam failures, wildfire, rockslides, 3
mudslides, sea level rise, extreme weather, 4
including extreme temperatures, and earth-5
quakes; 6
‘‘(ii) designate evacuation routes and 7
strategies, including multimodal facilities, 8
designated with consideration for individ-9
uals without access to personal vehicles; 10
‘‘(iii) plan for response to anticipated 11
emergencies, including plans for the mobil-12
ity of— 13
‘‘(I) emergency response per-14
sonnel and equipment; and 15
‘‘(II) access to emergency serv-16
ices, including for vulnerable or dis-17
advantaged populations; 18
‘‘(iv) describe the resilience improve-19
ment policies, including strategies, land-use 20
and zoning changes, investments in natural 21
infrastructure, or performance measures 22
that will inform the transportation invest-23
ment decisions of the State or metropolitan 24
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planning organization with the goal of in-1
creasing resilience; 2
‘‘(v) include an investment plan 3
that— 4
‘‘(I) includes a list of priority 5
projects; and 6
‘‘(II) describes how funds pro-7
vided by a grant under the program 8
would be invested and matched, which 9
shall not be subject to fiscal con-10
straint requirements; and 11
‘‘(vi) use science and data and indi-12
cate the source of data and methodologies; 13
and 14
‘‘(D) shall, as appropriate— 15
‘‘(i) include a description of how the 16
plan will improve the ability of the State or 17
metropolitan planning organization— 18
‘‘(I) to respond promptly to the 19
impacts of weather events and natural 20
disasters; and 21
‘‘(II) to be prepared for changing 22
conditions, such as sea level rise and 23
increased flood risk; 24
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‘‘(ii) describe the codes, standards, 1
and regulatory framework, if any, adopted 2
and enforced to ensure resilience improve-3
ments within the impacted area of pro-4
posed projects included in the resilience 5
improvement plan; 6
‘‘(iii) consider the benefits of com-7
bining hard infrastructure assets, and nat-8
ural infrastructure, through coordinated 9
efforts by the Federal Government and the 10
States; 11
‘‘(iv) assess the resilience of other 12
community assets, including buildings and 13
housing, emergency management assets, 14
and energy, water, and communication in-15
frastructure; 16
‘‘(v) use a long-term planning period; 17
and 18
‘‘(vi) include such other information 19
as the eligible entity considers appropriate. 20
‘‘(3) NO NEW PLANNING REQUIREMENTS.— 21
Nothing in this section requires a metropolitan plan-22
ning organization or a State to develop a resilience 23
improvement plan or to include a resilience improve-24
ment plan under the metropolitan transportation 25
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plan under section 134 or the long-range statewide 1
transportation plan under section 135, as applicable, 2
of the metropolitan planning organization or State. 3
‘‘(g) MONITORING.— 4
‘‘(1) IN GENERAL.—Not later than 18 months 5
after the date of enactment of this section, the Sec-6
retary, in consultation with the officials described in 7
subsection (e), shall— 8
‘‘(A) establish, for the purpose of evalu-9
ating the effectiveness and impacts of projects 10
carried out under the program— 11
‘‘(i) subject to paragraph (2), trans-12
portation and any other metrics as the 13
Secretary determines to be necessary; and 14
‘‘(ii) procedures for monitoring and 15
evaluating projects based on those metrics; 16
and 17
‘‘(B) select a representative sample of 18
projects to evaluate based on the metrics and 19
procedures established under subparagraph (A). 20
‘‘(2) NOTICE.—Before adopting any metrics de-21
scribed in paragraph (1), the Secretary shall— 22
‘‘(A) publish the proposed metrics in the 23
Federal Register; and 24
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‘‘(B) provide to the public an opportunity 1
for comment on the proposed metrics. 2
‘‘(h) REPORTS.— 3
‘‘(1) REPORTS FROM ELIGIBLE ENTITIES.—Not 4
later than 1 year after the date on which a project 5
carried out under the program is completed, the en-6
tity that carried out the project shall submit to the 7
Secretary a report on the results of the project and 8
the use of the funds received under the program. 9
‘‘(2) REPORTS TO CONGRESS.— 10
‘‘(A) ANNUAL REPORTS.—The Secretary 11
shall submit to Congress, and publish on the 12
website of the Department of Transportation, 13
an annual report that describes the implemen-14
tation of the program during the preceding cal-15
endar year, including— 16
‘‘(i) each project for which a grant 17
was provided under the program; 18
‘‘(ii) information relating to project 19
applications received; 20
‘‘(iii) the manner in which the con-21
sultation requirements were implemented 22
under this section; 23
‘‘(iv) recommendations to improve the 24
administration of the program, including 25
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whether assistance from additional or 1
fewer agencies to carry out the program is 2
appropriate; 3
‘‘(v) the period required to disburse 4
grant funds to recipients based on applica-5
ble Federal coordination requirements; and 6
‘‘(vi) a list of facilities that repeatedly 7
require repair or reconstruction due to 8
emergency events. 9
‘‘(B) FINAL REPORT.—Not later than 5 10
years after the date of enactment of the Amer-11
ica’s Transportation Infrastructure Act of 12
2019, the Secretary shall submit to Congress a 13
report that includes the results of the reports 14
submitted under subparagraph (A). 15
‘‘(i) ADMINISTRATIVE EXPENSES.—The Secretary 16
shall use not more than 5 percent of the amounts made 17
available to carry out the program for each fiscal year for 18
the costs of administering the program, including moni-19
toring and evaluation under subsection (g).’’. 20
(b) CLERICAL AMENDMENT.—The analysis for chap-21
ter 1 of title 23, United States Code (as amended by sec-22
tion 1403(b)), is amended by inserting after the item re-23
lating to section 178 the following: 24
‘‘179. Promoting Resilient Operations for Transformative, Efficient, and Cost-
saving Transportation (PROTECT) grant program’’.
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SEC. 1408. DIESEL EMISSIONS REDUCTION. 1
(a) REAUTHORIZATION OF DIESEL EMISSIONS RE-2
DUCTION PROGRAM.—Section 797(a) of the Energy Policy 3
Act of 2005 (42 U.S.C. 16137(a)) is amended by striking 4
‘‘2016’’ and inserting ‘‘2024’’. 5
(b) RECOGNIZING DIFFERENCES IN DIESEL VEHI-6
CLE, ENGINE, EQUIPMENT, AND FLEET USE.— 7
(1) NATIONAL GRANT, REBATE, AND LOAN PRO-8
GRAMS.—Section 792(c)(4)(D) of the Energy Policy 9
Act of 2005 (42 U.S.C. 16132(c)(4)(D)) is amended 10
by inserting ‘‘, recognizing differences in typical ve-11
hicle, engine, equipment, and fleet use throughout 12
the United States’’ before the semicolon. 13
(2) STATE GRANT, REBATE, AND LOAN PRO-14
GRAMS.—Section 793(b)(1) of the Energy Policy Act 15
of 2005 (42 U.S.C. 16133(b)(1)) is amended— 16
(A) in subparagraph (B), by striking ‘‘; 17
and’’ and inserting a semicolon; and 18
(B) by adding at the end the following: 19
‘‘(D) the recognition, for purposes of im-20
plementing this section, of differences in typical 21
vehicle, engine, equipment, and fleet use 22
throughout the United States, including ex-23
pected useful life; and’’. 24
(c) REALLOCATION OF UNUSED STATE FUNDS.— 25
Section 793(c)(2)(C) of the Energy Policy Act of 2005 26
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(42 U.S.C. 16133(c)(2)(C)) is amended beginning in the 1
matter preceding clause (i) by striking ‘‘to each remain-2
ing’’ and all that follows through ‘‘this paragraph’’ in 3
clause (ii) and inserting ‘‘to carry out section 792’’. 4
Subtitle E—Miscellaneous 5
SEC. 1501. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST 6
FUND. 7
(a) IN GENERAL.—Section 105 of title 23, United 8
States Code, is repealed. 9
(b) CLERICAL AMENDMENT.—The analysis for chap-10
ter 1 of title 23, United States Code, is amended by strik-11
ing the item relating to section 105. 12
SEC. 1502. STOPPING THREATS ON PEDESTRIANS. 13
(a) DEFINITION OF BOLLARD INSTALLATION 14
PROJECT.—In this section, the term ‘‘bollard installation 15
project’’ means a project to install raised concrete or metal 16
posts on a sidewalk adjacent to a roadway that are de-17
signed to slow or stop a motor vehicle. 18
(b) ESTABLISHMENT.—Not later than 1 year after 19
the date of enactment of this Act and subject to the avail-20
ability of appropriations, the Secretary shall establish and 21
carry out a competitive grant pilot program to provide as-22
sistance to local government entities for bollard installa-23
tion projects designed to prevent pedestrian injuries and 24
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acts of terrorism in areas used by large numbers of pedes-1
trians. 2
(c) APPLICATION.—To be eligible to receive a grant 3
under this section, a local government entity shall submit 4
to the Secretary an application at such time, in such form, 5
and containing such information as the Secretary deter-6
mines to be appropriate, which shall include, at a min-7
imum— 8
(1) a description of the proposed bollard instal-9
lation project to be carried out; 10
(2) a description of the pedestrian injury or ter-11
rorism risks with respect to the proposed installation 12
area; and 13
(3) an analysis of how the proposed bollard in-14
stallation project will mitigate those risks. 15
(d) USE OF FUNDS.—A recipient of a grant under 16
this section may only use the grant funds for a bollard 17
installation project. 18
(e) FEDERAL SHARE.—The Federal share of the 19
costs of a bollard installation project carried out with a 20
grant under this section may be up to 100 percent. 21
(f) AUTHORIZATION OF APPROPRIATIONS.—There is 22
authorized to be appropriated to the Secretary to carry 23
out this section $5,000,000 for each of fiscal years 2021 24
through 2025. 25
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SEC. 1503. TRANSFER AND SALE OF TOLL CREDITS. 1
(a) DEFINITIONS.—In this section: 2
(1) ORIGINATING STATE.—The term ‘‘origi-3
nating State’’ means a State that— 4
(A) is eligible to use a credit under section 5
120(i) of title 23, United States Code; and 6
(B) has been selected by the Secretary 7
under subsection (d)(2). 8
(2) PILOT PROGRAM.—The term ‘‘pilot pro-9
gram’’ means the pilot program established under 10
subsection (b). 11
(3) RECIPIENT STATE.—The term ‘‘recipient 12
State’’ means a State that receives a credit by trans-13
fer or by sale under this section from an originating 14
State. 15
(4) STATE.—The term ‘‘State’’ has the mean-16
ing given the term in section 101(a) of title 23, 17
United States Code. 18
(b) ESTABLISHMENT OF PILOT PROGRAM.—The Sec-19
retary shall establish and implement a toll credit exchange 20
pilot program in accordance with this section. 21
(c) PURPOSES.—The purposes of the pilot program 22
are— 23
(1) to identify the extent of the demand to pur-24
chase toll credits; 25
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(2) to identify the cash price of toll credits 1
through bilateral transactions between States; 2
(3) to analyze the impact of the purchase or 3
sale of toll credits on transportation expenditures; 4
(4) to test the feasibility of expanding the pilot 5
program to allow all States to participate on a per-6
manent basis; and 7
(5) to identify any other repercussions of the 8
toll credit exchange. 9
(d) SELECTION OF ORIGINATING STATES.— 10
(1) APPLICATION.—In order to participate in 11
the pilot program as an originating State, a State 12
shall submit to the Secretary an application at such 13
time, in such manner, and containing such informa-14
tion as the Secretary may require, including, at a 15
minimum, such information as is required for the 16
Secretary to verify— 17
(A) the amount of unused toll credits for 18
which the State has submitted certification to 19
the Secretary that are available to be sold or 20
transferred under the pilot program, includ-21
ing— 22
(i) toll revenue generated and the 23
sources of that revenue; 24
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(ii) toll revenue used by public, quasi- 1
public, and private agencies to build, im-2
prove, or maintain highways, bridges, or 3
tunnels that serve the public purpose of 4
interstate commerce; and 5
(iii) an accounting of any Federal 6
funds used by the public, quasi-public, or 7
private agency to build, improve, or main-8
tain the toll facility, to validate that the 9
credit has been reduced by a percentage 10
equal to the percentage of the total cost of 11
building, improving, or maintaining the fa-12
cility that was derived from Federal funds; 13
(B) the documentation of maintenance of 14
effort for toll credits earned by the originating 15
State; and 16
(C) the accuracy of the accounting system 17
of the State to earn and track toll credits. 18
(2) SELECTION.—Of the States that submit an 19
application under paragraph (1), the Secretary may 20
select not more than 10 States to be designated as 21
an originating State. 22
(3) LIMITATION ON SALES.—At any time, the 23
Secretary may limit the amount of unused toll cred-24
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its that may be offered for sale under the pilot pro-1
gram. 2
(e) TRANSFER OR SALE OF CREDITS.— 3
(1) IN GENERAL.—In carrying out the pilot 4
program, the Secretary shall provide that an origi-5
nating State may transfer or sell to a recipient State 6
a credit not previously used by the originating State 7
under section 120(i) of title 23, United States Code. 8
(2) WEBSITE SUPPORT.—The Secretary shall 9
make available a publicly accessible website on which 10
originating States shall post the amount of toll cred-11
its, verified under subsection (d)(1)(A), that are 12
available for sale or transfer to a recipient State. 13
(3) BILATERAL TRANSACTIONS.—An origi-14
nating State and a recipient State may enter into a 15
bilateral transaction to sell or transfer verified toll 16
credits. 17
(4) NOTIFICATION.—Not later than 30 days 18
after the date on which a credit is transferred or 19
sold, the originating State and the recipient State 20
shall jointly submit to the Secretary a written notifi-21
cation of the transfer or sale, including details on— 22
(A) the amount of toll credits that have 23
been sold or transferred; 24
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(B) the price paid or other value trans-1
ferred in exchange for the toll credits; 2
(C) the intended use by the recipient State 3
of the toll credits, if known; 4
(D) the intended use by the originating 5
State of the cash or other value transferred; 6
(E) an update on the toll credit balance of 7
the originating State and the recipient State; 8
and 9
(F) any other information about the trans-10
action that the Secretary may require. 11
(5) USE OF CREDITS BY TRANSFEREE OR PUR-12
CHASER.—A recipient State may use a credit re-13
ceived under paragraph (1) toward the non-Federal 14
share requirement for any funds made available to 15
carry out title 23 or chapter 53 of title 49, United 16
States Code, in accordance with section 120(i) of 17
title 23, United States Code. 18
(6) USE OF PROCEEDS FROM SALE OF CRED-19
ITS.—An originating State shall use the proceeds 20
from the sale of a credit under paragraph (1) for the 21
construction costs of any project in the originating 22
State that is eligible under title 23, United States 23
Code. 24
(f) REPORTING REQUIREMENTS.— 25
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(1) INITIAL REPORT.—Not later than 1 year 1
after the date on which the pilot program is estab-2
lished, the Secretary shall submit to the Committee 3
on Environment and Public Works of the Senate 4
and the Committee on Transportation and Infra-5
structure of the House of Representatives a report 6
on the progress of the pilot program. 7
(2) FINAL REPORT.—Not later than 3 years 8
after the date on which the pilot program is estab-9
lished, the Secretary shall— 10
(A) submit to the Committee on Environ-11
ment and Public Works of the Senate and the 12
Committee on Transportation and Infrastruc-13
ture of the House of Representatives a report 14
that— 15
(i) determines whether a toll credit 16
marketplace is viable and cost-effective; 17
(ii) describes the buying and selling 18
activities under the pilot program; 19
(iii) describes the average sale price of 20
toll credits; 21
(iv) determines whether the pilot pro-22
gram could be expanded to more States or 23
all States or to non-State operators of toll 24
facilities; 25
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(v) provides updated information on 1
the toll credit balance accumulated by each 2
State; and 3
(vi) describes the list of projects that 4
were assisted by the pilot program; and 5
(B) make the report under subparagraph 6
(A) publicly available on the website of the De-7
partment. 8
(g) TERMINATION.— 9
(1) IN GENERAL.—The Secretary may termi-10
nate the pilot program or the participation of any 11
State in the pilot program if the Secretary deter-12
mines that— 13
(A) the pilot program is not serving a pub-14
lic benefit; or 15
(B) it is not cost effective to carry out the 16
pilot program. 17
(2) PROCEDURES.—The termination of the pilot 18
program or the participation of a State in the pilot 19
program shall be carried out consistent with Federal 20
requirements for project closeout, adjustment, and 21
continuing responsibilities. 22
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SEC. 1504. FOREST SERVICE LEGACY ROADS AND TRAILS 1
REMEDIATION PROGRAM. 2
Public Law 88–657 (16 U.S.C. 532 et seq.) (com-3
monly known as the ‘‘Forest Roads and Trails Act’’) is 4
amended by adding at the end the following: 5
‘‘SEC. 8. FOREST SERVICE LEGACY ROADS AND TRAILS RE-6
MEDIATION PROGRAM. 7
‘‘(a) IN GENERAL.—Not later than 180 days after 8
the date of enactment of this section, the Secretary, acting 9
through the Chief of the Forest Service, shall establish, 10
and develop a national strategy to carry out, a program, 11
to be known as the ‘Forest Service Legacy Roads and 12
Trails Remediation Program’, within the National Forest 13
System, to carry out critical maintenance and urgent re-14
pairs and improvements on National Forest System roads, 15
trails, and bridges. 16
‘‘(b) PRIORITY.—In implementing the program under 17
this section, the Secretary may give priority to any project 18
that protects or restores— 19
‘‘(1) water quality; 20
‘‘(2) a watershed that feeds a public drinking 21
water system; 22
‘‘(3) important wildlife habitat, as determined 23
by the Secretary, in consultation with each affected 24
State, including habitat of threatened, endangered, 25
or sensitive fish or wildlife species; or 26
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‘‘(4) historic public access for authorized mul-1
tiple uses of National Forest System land in accord-2
ance with the Multiple-Use Sustained-Yield Act of 3
1960 (16 U.S.C. 528 et seq.), including grazing, 4
recreation, hunting, fishing, forest management, 5
wildfire mitigation, and ecosystem restoration. 6
‘‘(c) NATIONAL FOREST SYSTEM.—Except as author-7
ized under section 323 of the Department of the Interior 8
and Related Agencies Appropriations Act, 1999 (16 9
U.S.C. 1011a), each project carried out under this section 10
shall be on a National Forest System road or trail. 11
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 12
is authorized to be appropriated to the Secretary to carry 13
out this section $50,000,000 for each of fiscal years 2021 14
through 2025, to remain available until expended.’’. 15
SEC. 1505. DISASTER RELIEF MOBILIZATION PILOT PRO-16
GRAM. 17
(a) DEFINITIONS.—In this section: 18
(1) LOCAL COMMUNITY.—The term ‘‘local com-19
munity’’ means— 20
(A) a unit of local government; 21
(B) a political subdivision of a State or 22
local government; 23
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(C) a metropolitan planning organization 1
(as defined in section 134(b) of title 23, United 2
States Code); 3
(D) a rural planning organization; or 4
(E) a Tribal government. 5
(2) PILOT PROGRAM.—The term ‘‘pilot pro-6
gram’’ means the pilot program established by the 7
Secretary under subsection (b). 8
(b) ESTABLISHMENT.—The Secretary shall establish 9
and carry out a pilot program under which the Secretary 10
shall provide grants to local communities to develop dis-11
aster preparedness and disaster response plans that in-12
clude the use of bicycles. 13
(c) APPLICATION AND SELECTION REQUIRE-14
MENTS.— 15
(1) PARTNERSHIPS.—To be eligible to receive a 16
grant under the pilot program, a local community 17
shall demonstrate plans to enter into a partnership 18
with— 19
(A) 1 or more nonprofit community organi-20
zations; or 21
(B) 1 or more bicycle or pedestrian advo-22
cacy organizations. 23
(2) APPLICATION.—To be eligible to receive a 24
grant under the pilot program, a local community 25
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shall submit to the Secretary an application at such 1
time, in such manner, and containing such informa-2
tion as the Secretary may require, including an iden-3
tification of each nonprofit community organization 4
and bicycle or pedestrian advocacy organization with 5
which the local community plans to establish a part-6
nership under paragraph (1). 7
(3) SELECTION.—For each fiscal year, the Sec-8
retary shall select not fewer than 4, and not more 9
than 10, local communities that meet the eligibility 10
requirements to receive a grant under the pilot pro-11
gram. 12
(d) MAXIMUM AMOUNT.—The maximum amount of 13
a grant under the pilot program shall be $125,000. 14
(e) USE OF FUNDS.— 15
(1) VULNERABILITY ASSESSMENT.— 16
(A) IN GENERAL.—Each recipient of a 17
grant under the pilot program shall carry out a 18
vulnerability assessment of active transportation 19
infrastructure in the applicable community, 20
with a particular focus on areas in the local 21
community that— 22
(i) have low levels of vehicle owner-23
ship; and 24
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(ii) lack sufficient active transpor-1
tation infrastructure routes to public 2
transportation. 3
(B) PUBLIC PARTICIPATION.—In carrying 4
out the vulnerability assessment under subpara-5
graph (A), a grant recipient shall— 6
(i) provide an opportunity for public 7
participation and feedback; and 8
(ii) consider public feedback in devel-9
oping or modifying response plans under 10
paragraph (2). 11
(2) DISASTER PREPAREDNESS AND DISASTER 12
RESPONSE PLANS.— 13
(A) IN GENERAL.—Each recipient of a 14
grant under the pilot program shall develop or 15
modify, as applicable, disaster preparedness and 16
disaster response plans to include the use of bi-17
cycles by first responders, emergency workers, 18
and community organization representatives— 19
(i) during an evacuation— 20
(I) to notify residents of the need 21
to evacuate; 22
(II) to evacuate individuals and 23
goods; and 24
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(III) to reach individuals who are 1
in need of first aid and medical assist-2
ance; and 3
(ii) after a disaster— 4
(I) to assist in searching for and 5
locating individuals in the disaster 6
area; 7
(II) to carry— 8
(aa) water; 9
(bb) food; 10
(cc) first aid and other med-11
ical supplies; and 12
(dd) power sources and elec-13
tric supplies, such as cell phones, 14
radios, lights, and batteries; 15
(III) to reach individuals who are 16
in need of the items described in sub-17
clause (II); and 18
(IV) to assist with other disaster 19
relief tasks, as appropriate. 20
(B) TRAINING AND PRACTICE.—As part of 21
the plans under subparagraph (A), a grant re-22
cipient shall— 23
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(i) provide training for first respond-1
ers, emergency workers, and community 2
organization representatives regarding— 3
(I) competent bicycle skills, in-4
cluding the use of cargo bicycles and 5
electric bicycles, as applicable; 6
(II) basic bicycle maintenance; 7
and 8
(III) methods to use bicycles to 9
carry out the activities described in 10
clauses (i) and (ii) of subparagraph 11
(A); and 12
(ii) include in the plans a plan for— 13
(I) practicing the skills described 14
in clause (i); and 15
(II) maintaining bicycles and re-16
lated equipment. 17
(C) BIKE SUPPLY.—As part of the plans 18
under subparagraph (A), a grant recipient shall 19
provide bicycles, as necessary and appropriate, 20
to each community organization acting in part-21
nership with the recipient to allow representa-22
tives of the organization to assist in disaster 23
preparedness and disaster response efforts. 24
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(f) REPORT.—Not later than 2 years after the date 1
of enactment of this Act, the Secretary shall submit to 2
Congress a report that— 3
(1) describes the activities carried out under the 4
pilot program; 5
(2) analyzes the effectiveness of the pilot pro-6
gram; and 7
(3) includes recommendations, if any, regarding 8
methods by which to incorporate bicycles into dis-9
aster preparedness and disaster response plans in 10
other communities. 11
SEC. 1506. APPALACHIAN REGIONAL DEVELOPMENT. 12
(a) DEFINITION OF APPALACHIAN REGION, NORTH 13
CAROLINA.—Section 14102(a)(1)(G) of title 40, United 14
States Code, is amended— 15
(1) by inserting ‘‘Catawba,’’ after ‘‘Caldwell,’’; 16
and 17
(2) by inserting ‘‘Cleveland,’’ after ‘‘Clay,’’. 18
(b) APPALACHIAN REGIONAL ENERGY HUB INITIA-19
TIVE.— 20
(1) IN GENERAL.—Subchapter I of chapter 145 21
of subtitle IV of title 40, United States Code, is 22
amended by adding at the end the following: 23
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‘‘§ 14511. Appalachian regional energy hub initiative 1
‘‘(a) IN GENERAL.—The Appalachian Regional Com-2
mission may provide technical assistance to, make grants 3
to, enter into contracts with, or otherwise provide amounts 4
to individuals or entities in the Appalachian region for 5
projects and activities— 6
‘‘(1) to conduct research and analysis regarding 7
the economic impact of an ethane storage hub in the 8
Appalachian region that supports a more-effective 9
energy market performance due to the scale of the 10
project, such as a project with the capacity to store 11
and distribute more than 100,000 barrels per day of 12
hydrocarbon feedstock with a minimum gross heat-13
ing value of 1,700 Btu per standard cubic foot; 14
‘‘(2) with the potential to significantly con-15
tribute to the economic resilience of the area in 16
which the project is located; and 17
‘‘(3) that will help establish a regional energy 18
hub in the Appalachian region for natural gas and 19
natural gas liquids, including storage and associated 20
pipelines. 21
‘‘(b) LIMITATION ON AVAILABLE AMOUNTS.—Of the 22
cost of any activity eligible for a grant under this sec-23
tion— 24
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‘‘(1) not more than 50 percent may be provided 1
from amounts made available to carry out this sec-2
tion; 3
‘‘(2) in the case of a project to be carried out 4
in a county for which a distressed county designa-5
tion is in effect under section 14526, not more than 6
80 percent may be provided from amounts made 7
available to carry out this section; and 8
‘‘(3) in the case of a project to be carried out 9
in a county for which an at-risk county designation 10
is in effect under section 14526, not more than 70 11
percent may be provided from amounts made avail-12
able to carry out this section. 13
‘‘(c) SOURCES OF ASSISTANCE.—Subject to sub-14
section (b), a grant provided under this section may be 15
provided from amounts made available to carry out this 16
section, in combination with amounts made available— 17
‘‘(1) under any other Federal program; or 18
‘‘(2) from any other source. 19
‘‘(d) FEDERAL SHARE.—Notwithstanding any provi-20
sion of law limiting the Federal share under any other 21
Federal program, amounts made available to carry out 22
this section may be used to increase that Federal share, 23
as the Appalachian Regional Commission determines to be 24
appropriate.’’. 25
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(2) CLERICAL AMENDMENT.—The analysis for 1
subchapter I of chapter 145 of title 40, United 2
States Code, is amended by inserting after the item 3
relating to section 14510 the following: 4
‘‘14511. Appalachian regional energy hub initiative.’’.
(c) AUTHORIZATIONS.—Section 14703 of title 40, 5
United States Code, is amended— 6
(1) in subsection (a)— 7
(A) in paragraph (4), by striking ‘‘and’’ at 8
the end; 9
(B) in paragraph (5), by striking ‘‘through 10
2020.’’ and inserting ‘‘through 2020; and’’; and 11
(C) by adding at the end the following: 12
‘‘(6) $180,000,000 for each of fiscal years 2021 13
through 2025.’’; 14
(2) in subsection (c)— 15
(A) by striking ‘‘$10,000,000’’ and insert-16
ing ‘‘$20,000,000’’; and 17
(B) by striking ‘‘2020’’ and inserting 18
‘‘2025’’; 19
(3) by redesignating subsections (d) and (e) as 20
subsections (e) and (f), respectively; and 21
(4) by inserting after subsection (c) the fol-22
lowing: 23
‘‘(d) APPALACHIAN REGIONAL ENERGY HUB INITIA-24
TIVE.—Of the amounts made available under subsection 25
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(a), $5,000,000 shall be used to carry out section 14511 1
for each of fiscal years 2021 through 2025.’’. 2
(d) TERMINATION.—Section 14704 of title 40, 3
United States Code, is amended by striking ‘‘2020’’ and 4
inserting ‘‘2025’’. 5
SEC. 1507. REQUIREMENTS FOR TRANSPORTATION 6
PROJECTS CARRIED OUT THROUGH PUBLIC- 7
PRIVATE PARTNERSHIPS. 8
(a) DEFINITIONS.—In this section: 9
(1) PROJECT.—The term ‘‘project’’ means a 10
project (as defined in section 101 of title 23, United 11
States Code) that— 12
(A) is carried out, in whole or in part, 13
using Federal financial assistance; and 14
(B) has an estimated total cost of 15
$100,000,000 or more. 16
(2) PUBLIC-PRIVATE PARTNERSHIP.—The term 17
‘‘public-private partnership’’ means an agreement 18
between a public agency and a private entity to fi-19
nance, build, and maintain or operate a project. 20
(b) REQUIREMENTS FOR PROJECTS CARRIED OUT 21
THROUGH PUBLIC-PRIVATE PARTNERSHIPS.—With re-22
spect to a public-private partnership, as a condition of re-23
ceiving Federal financial assistance for a project, the Sec-24
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retary shall require the public partner, not later than 3 1
years after the date of opening of the project to traffic— 2
(1) to conduct a review of the project, including 3
a review of the compliance of the private partner 4
with the terms of the public-private partnership 5
agreement; 6
(2)(A) to certify to the Secretary that the pri-7
vate partner of the public-private partnership is 8
meeting the terms of the public-private partnership 9
agreement for the project; or 10
(B) to notify the Secretary that the private 11
partner of the public-private partnership has not 12
met 1 or more of the terms of the public-private 13
partnership agreement for the project, including a 14
brief description of each violation of the public-pri-15
vate partnership agreement; and 16
(3) to make publicly available the certification 17
or notification, as applicable, under paragraph (2) in 18
a form that does not disclose any proprietary or con-19
fidential business information. 20
(c) NOTIFICATION.—If the Secretary provides Fed-21
eral financial assistance to a project carried out through 22
a public-private partnership, not later than 30 days after 23
the date on which the Federal financial assistance is first 24
obligated, the Secretary shall submit to the Committee on 25
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Environment and Public Works of the Senate and the 1
Committee on Transportation and Infrastructure of the 2
House of Representatives a notification of the Federal fi-3
nancial assistance made available for the project. 4
(d) VALUE FOR MONEY ANALYSIS.— 5
(1) PROJECT APPROVAL AND OVERSIGHT.—Sec-6
tion 106(h)(3) of title 23, United States Code, is 7
amended— 8
(A) in subparagraph (C), by striking 9
‘‘and’’ at the end; 10
(B) by redesignating subparagraph (D) as 11
subparagraph (E); and 12
(C) by inserting after subparagraph (C) 13
the following: 14
‘‘(D) for a project in which the project 15
sponsor intends to carry out the project 16
through a public-private partnership agreement, 17
shall include a detailed value for money analysis 18
or similar comparative analysis for the project; 19
and’’. 20
(2) SURFACE TRANSPORTATION BLOCK GRANT 21
PROGRAM.—Paragraph (16) of section 133(b) of 22
title 23, United States Code (as redesignated by sec-23
tion 1109(a)(1)(C)), is amended by inserting ‘‘, in-24
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cluding conducting value for money analyses or simi-1
lar comparative analyses,’’ after ‘‘oversight’’. 2
(3) TIFIA.—Section 602(a) of title 23, United 3
States Code, is amended by adding at the end the 4
following: 5
‘‘(11) PUBLIC-PRIVATE PARTNERSHIPS.—In the 6
case of a project to be carried out through a public- 7
private partnership, the public partner shall have— 8
‘‘(A) conducted a value for money analysis 9
or similar comparative analysis; and 10
‘‘(B) determined the appropriateness of the 11
public-private partnership agreement.’’. 12
(e) APPLICABILITY.—This section and the amend-13
ments made by this section shall only apply to a public- 14
private partnership agreement entered into on or after the 15
date of enactment of this Act. 16
SEC. 1508. COMMUNITY CONNECTIVITY PILOT PROGRAM. 17
(a) DEFINITION OF ELIGIBLE FACILITY.— 18
(1) IN GENERAL.—In this section, the term ‘‘el-19
igible facility’’ means a highway or other transpor-20
tation facility that creates a barrier to community 21
connectivity, including barriers to mobility, access, 22
or economic development, due to high speeds, grade 23
separations, or other design factors. 24
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(2) INCLUSIONS.—In this section, the term ‘‘eli-1
gible facility’’ may include— 2
(A) a limited access highway; 3
(B) a viaduct; and 4
(C) any other principal arterial facility. 5
(b) ESTABLISHMENT.—The Secretary shall establish 6
a pilot program through which an eligible entity may apply 7
for funding— 8
(1) to study the feasibility and impacts of re-9
moving an existing eligible facility; 10
(2) to conduct planning activities necessary to 11
design a project to remove an existing eligible facil-12
ity; and 13
(3) to conduct construction activities necessary 14
to carry out a project to remove an existing eligible 15
facility. 16
(c) PLANNING GRANTS.— 17
(1) ELIGIBLE ENTITIES.—The Secretary may 18
award a grant (referred to in this section as a ‘‘plan-19
ning grant’’) to carry out planning activities de-20
scribed in paragraph (2) to— 21
(A) a State; 22
(B) a unit of local government; 23
(C) a Tribal government; 24
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(D) a metropolitan planning organization; 1
and 2
(E) a nonprofit organization. 3
(2) ELIGIBLE ACTIVITIES DESCRIBED.—The 4
planning activities referred to in paragraph (1) 5
are— 6
(A) planning studies to evaluate the feasi-7
bility of removing an eligible facility, including 8
evaluations of— 9
(i) current traffic patterns on the eli-10
gible facility proposed for removal and the 11
surrounding street network; 12
(ii) the capacity of existing transpor-13
tation networks to maintain mobility 14
needs; 15
(iii) an analysis of alternative roadway 16
designs or other uses for the right-of-way 17
of the eligible facility, including an analysis 18
of whether the available right-of-way would 19
suffice to create an alternative roadway de-20
sign; 21
(iv) the effect of the removal of the el-22
igible facility on the mobility of freight and 23
people; 24
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(v) the effect of the removal of the eli-1
gible facility on the safety of the traveling 2
public; 3
(vi) the cost to remove the eligible fa-4
cility and to convert the eligible facility to 5
a different roadway design or use, com-6
pared to any expected costs for necessary 7
maintenance or reconstruction of the eligi-8
ble facility; 9
(vii) the anticipated economic impact 10
of removing and converting the eligible fa-11
cility and any economic development op-12
portunities that would be created by re-13
moving and converting the eligible facility; 14
and 15
(viii) the environmental impacts of re-16
taining or reconstructing the eligible facil-17
ity and the anticipated effect of the pro-18
posed alternative use or roadway design; 19
(B) public engagement activities to provide 20
opportunities for public input into a plan to re-21
move and convert an eligible facility; and 22
(C) other transportation planning activities 23
required in advance of a project to remove an 24
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existing eligible facility, as determined by the 1
Secretary. 2
(3) TECHNICAL ASSISTANCE PROGRAM.— 3
(A) IN GENERAL.—The Secretary may 4
provide technical assistance described in sub-5
paragraph (B) to an eligible entity. 6
(B) TECHNICAL ASSISTANCE DE-7
SCRIBED.—The technical assistance referred to 8
in subparagraph (A) is technical assistance in 9
building organizational or community capac-10
ity— 11
(i) to engage in transportation plan-12
ning; and 13
(ii) to identify innovative solutions to 14
infrastructure challenges, including recon-15
necting communities that— 16
(I) are bifurcated by eligible fa-17
cilities; or 18
(II) lack safe, reliable, and af-19
fordable transportation choices. 20
(C) PRIORITIES.—In selecting recipients of 21
technical assistance under subparagraph (A), 22
the Secretary shall give priority to an applica-23
tion from a community that is economically dis-24
advantaged. 25
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(4) SELECTION.—The Secretary shall— 1
(A) solicit applications for— 2
(i) planning grants; and 3
(ii) technical assistance under para-4
graph (3); and 5
(B) evaluate applications for a planning 6
grant on the basis of the demonstration by the 7
applicant that— 8
(i) the eligible facility is aged and is 9
likely to need replacement or significant re-10
construction within the 20-year period be-11
ginning on the date of the submission of 12
the application; 13
(ii) the eligible facility— 14
(I) creates barriers to mobility, 15
access, or economic development; or 16
(II) is not justified by current 17
and forecast future travel demand; 18
and 19
(iii) on the basis of preliminary inves-20
tigations into the feasibility of removing 21
the eligible facility, further investigation is 22
necessary and likely to be productive. 23
(5) AWARD AMOUNTS.—A planning grant may 24
not exceed $2,000,000 per recipient. 25
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(6) FEDERAL SHARE.—The total Federal share 1
of the cost of a planning activity for which a plan-2
ning grant is used shall not exceed 80 percent. 3
(d) CAPITAL CONSTRUCTION GRANTS.— 4
(1) ELIGIBLE ENTITIES.—The Secretary may 5
award a grant (referred to in this section as a ‘‘cap-6
ital construction grant’’) to the owner of an eligible 7
facility to carry out an eligible project described in 8
paragraph (3) for which all necessary feasibility 9
studies and other planning activities have been com-10
pleted. 11
(2) PARTNERSHIPS.—An owner of an eligible 12
facility may, for the purposes of submitting an appli-13
cation for a capital construction grant, if applicable, 14
partner with— 15
(A) a State; 16
(B) a unit of local government; 17
(C) a Tribal government; 18
(D) a metropolitan planning organization; 19
or 20
(E) a nonprofit organization. 21
(3) ELIGIBLE PROJECTS.—A project eligible to 22
be carried out with a capital construction grant in-23
cludes— 24
(A) the removal of an eligible facility; and 25
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(B) the replacement of an eligible facility 1
with a new facility that is— 2
(i) sensitive to the context of the sur-3
rounding community; and 4
(ii) otherwise eligible for funding 5
under title 23, United States Code. 6
(4) SELECTION.—The Secretary shall— 7
(A) solicit applications for capital construc-8
tion grants; and 9
(B) evaluate applications on the basis of— 10
(i) the degree to which the project will 11
improve mobility and access through the 12
removal of barriers; 13
(ii) the appropriateness of removing 14
the eligible facility, based on current traffic 15
patterns and the ability of the replacement 16
facility and the regional transportation 17
network to absorb transportation demand 18
and provide safe mobility and access; 19
(iii) the impact of the project on 20
freight movement; 21
(iv) the results of a cost-benefit anal-22
ysis of the project; 23
(v) the opportunities for inclusive eco-24
nomic development; 25
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(vi) the degree to which the eligible 1
facility is out of context with the current 2
or planned land use; 3
(vii) the results of any feasibility 4
study completed for the project; and 5
(viii) the plan of the applicant for— 6
(I) employing residents in the 7
area impacted by the project through 8
targeted hiring programs, in partner-9
ship with registered apprenticeship 10
programs, if applicable; and 11
(II) contracting and subcon-12
tracting with disadvantaged business 13
enterprises. 14
(5) MINIMUM AWARD AMOUNTS.—A capital 15
construction grant shall be in an amount not less 16
than $5,000,000 per recipient. 17
(6) FEDERAL SHARE.— 18
(A) IN GENERAL.—Subject to subpara-19
graph (B), a capital construction grant may not 20
exceed 50 percent of the total cost of the 21
project for which the grant is awarded. 22
(B) MAXIMUM FEDERAL INVOLVEMENT.— 23
Federal assistance other than a capital con-24
struction grant may be used to satisfy the non- 25
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Federal share of the cost of a project for which 1
the grant is awarded, except that the total Fed-2
eral assistance provided for a project for which 3
the grant is awarded may not exceed 80 percent 4
of the total cost of the project. 5
(7) COMMUNITY ADVISORY BOARD.— 6
(A) IN GENERAL.—To help achieve inclu-7
sive economic development benefits with respect 8
to the project for which a grant is awarded, a 9
grant recipient may form a community advisory 10
board, which shall— 11
(i) facilitate community engagement 12
with respect to the project; and 13
(ii) track progress with respect to 14
commitments of the grant recipient to in-15
clusive employment, contracting, and eco-16
nomic development under the project. 17
(B) MEMBERSHIP.—If a grant recipient 18
forms a community advisory board under sub-19
paragraph (A), the community advisory board 20
shall be composed of representatives of— 21
(i) the community; 22
(ii) owners of businesses that serve 23
the community; 24
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(iii) labor organizations that represent 1
workers that serve the community; and 2
(iv) State and local government. 3
(e) REPORTS.— 4
(1) USDOT REPORT ON PILOT PROGRAM.—Not 5
later than January 1, 2025, the Secretary shall sub-6
mit to the Committee on Environment and Public 7
Works of the Senate and the Committee on Trans-8
portation and Infrastructure of the House of Rep-9
resentatives a report that evaluates the pilot pro-10
gram under this section, including— 11
(A) information about the level of appli-12
cant interest in planning grants, technical as-13
sistance under subsection (c)(3), and capital 14
construction grants, including the extent to 15
which overall demand exceeded available funds; 16
and 17
(B) for recipients of capital construction 18
grants, the outcomes and impacts of the high-19
way removal project, including— 20
(i) any changes in the overall level of 21
mobility, congestion, access, and safety in 22
the project area; and 23
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(ii) environmental impacts and eco-1
nomic development opportunities in the 2
project area. 3
(2) GAO REPORT ON HIGHWAY REMOVALS.— 4
Not later than 2 years after the date of enactment 5
of this Act, the Comptroller General of the United 6
States shall issue a report that— 7
(A) identifies examples of projects to re-8
move highways using Federal highway funds; 9
(B) evaluates the effect of highway re-10
moval projects on the surrounding area, includ-11
ing impacts to the local economy, congestion ef-12
fects, safety outcomes, and impacts on the 13
movement of freight and people; 14
(C) evaluates the existing Federal-aid pro-15
gram eligibility under title 23, United States 16
Code, for highway removal projects; 17
(D) analyzes the costs and benefits of and 18
barriers to removing underutilized highways 19
that are nearing the end of their useful life 20
compared to replacing or reconstructing the 21
highway; and 22
(E) provides recommendations for inte-23
grating those assessments into transportation 24
planning and decision-making processes. 25
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(f) TECHNICAL ASSISTANCE.—Of the funds made 1
available to carry out this section for planning grants, the 2
Secretary may use not more than $15,000,000 during the 3
period of fiscal years 2021 through 2025 to provide tech-4
nical assistance under subsection (c)(3). 5
SEC. 1509. REPEAL OF RESCISSION. 6
(a) IN GENERAL.—Section 1438 of the FAST Act 7
(Public Law 114–94; 129 Stat. 1432) is repealed. 8
(b) CLERICAL AMENDMENT.—The table of contents 9
in section 1(b) of the FAST Act (Public Law 114–94; 129 10
Stat. 1312) is amended by striking the item relating to 11
section 1438. 12
SEC. 1510. FEDERAL INTERAGENCY WORKING GROUP FOR 13
CONVERSION OF FEDERAL FLEET TO HY-14
BRID-ELECTRIC VEHICLES, ELECTRIC VEHI-15
CLES, AND ALTERNATIVE FUELED VEHICLES. 16
(a) IN GENERAL.—Not later than 1 year after the 17
date of enactment of this Act, the Chair of the Council 18
on Environmental Quality shall coordinate and chair a 19
Federal interagency working group to develop a strategy 20
to transition the vehicle fleets of the respective Federal 21
agencies to hybrid-electric vehicles, plug-in electric drive 22
vehicles, and alternative fueled vehicles (as defined in sec-23
tion 301 of the Energy Policy Act of 1992 (42 U.S.C. 24
13211)), to the maximum extent practicable. 25
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(b) GOALS.—The goals of the interagency working 1
group established under subsection (a) are— 2
(1) to ensure that the Federal vehicle fleet is at 3
the leading edge of transitioning to clean energy 4
sources; and 5
(2) to develop targets for each year such that 6
the total number of vehicles purchased for the Fed-7
eral fleet in the applicable year includes a percentage 8
of hybrid-electric vehicles, plug-in electric drive vehi-9
cles, and alternative fueled vehicles that is not less 10
than the percentage of hybrid-electric vehicles, plug- 11
in electric drive vehicles, and alternative fueled vehi-12
cles purchased in the United States in the previous 13
year. 14
(c) REQUIREMENT.—In developing the strategy 15
under subsection (a), the interagency working group es-16
tablished under that subsection shall consider— 17
(1) cost-effectiveness; and 18
(2) the types of vehicles that are appropriate to 19
the mission of each Federal agency. 20
(d) REPORT.—Not later than 1 year after the date 21
of enactment of this Act, and annually thereafter, the Fed-22
eral interagency working group shall submit to the Com-23
mittee on Environment and Public Works of the Senate 24
and the Committee on Transportation and Infrastructure 25
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of the House of Representatives a report that describes 1
the progress made toward implementing the strategy de-2
veloped under subsection (a). 3
SEC. 1511. CYBERSECURITY TOOL; CYBER COORDINATOR. 4
(a) DEFINITIONS.—In this section: 5
(1) ADMINISTRATOR.—The term ‘‘Adminis-6
trator’’ means the Administrator of the Federal 7
Highway Administration. 8
(2) CYBER INCIDENT.—The term ‘‘cyber inci-9
dent’’ has the meaning given the term ‘‘significant 10
cyber incident’’ in Presidential Policy Directive–41 11
(July 26, 2016, relating to cyber incident coordina-12
tion). 13
(3) TRANSPORTATION AUTHORITY.—The term 14
‘‘transportation authority’’ means— 15
(A) a public authority (as defined in sec-16
tion 101(a) of title 23, United States Code); 17
(B) an owner or operator of a highway (as 18
defined in section 101(a) of title 23, United 19
States Code); 20
(C) a manufacturer that manufactures a 21
product related to transportation; and 22
(D) a division office of the Federal High-23
way Administration. 24
(b) CYBERSECURITY TOOL.— 25
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(1) IN GENERAL.—Not later than 2 years after 1
the date of enactment of this Act, the Administrator 2
shall develop a tool to assist transportation authori-3
ties in identifying, detecting, protecting against, re-4
sponding to, and recovering from cyber incidents. 5
(2) REQUIREMENTS.—In developing the tool 6
under paragraph (1), the Administrator shall— 7
(A) use the cybersecurity framework estab-8
lished by the National Institute of Standards 9
and Technology and required by Executive 10
Order 13636 of February 12, 2013 (78 Fed. 11
Reg. 11739; relating to improving critical infra-12
structure cybersecurity); 13
(B) establish a structured cybersecurity as-14
sessment and development program; 15
(C) consult with appropriate transportation 16
authorities, operating agencies, industry stake-17
holders, and cybersecurity experts; and 18
(D) provide for a period of public comment 19
and review on the tool. 20
(c) DESIGNATION OF CYBER COORDINATOR.— 21
(1) IN GENERAL.—Not later than 2 years after 22
the date of enactment of this Act, the Administrator 23
shall designate an office as a ‘‘cyber coordinator’’, 24
which shall be responsible for monitoring, alerting, 25
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and advising transportation authorities of cyber inci-1
dents. 2
(2) REQUIREMENTS.—The office designated 3
under paragraph (1) shall— 4
(A) provide to transportation authorities a 5
secure method of notifying a single Federal en-6
tity of cyber incidents; 7
(B) monitor cyber incidents that affect 8
transportation authorities; 9
(C) alert transportation authorities to 10
cyber incidents that affect those transportation 11
authorities; 12
(D) investigate unaddressed cyber inci-13
dents that affect transportation authorities; and 14
(E) provide to transportation authorities 15
educational resources, outreach, and awareness 16
on fundamental principles and best practices in 17
cybersecurity for transportation systems. 18
SEC. 1512. STUDY ON MOST EFFECTIVE UPGRADES TO 19
ROADWAY INFRASTRUCTURE. 20
(a) IN GENERAL.—Not later than 1 year after the 21
date of enactment of this Act, the Secretary shall offer 22
to enter into an agreement with the Transportation Re-23
search Board of the National Academies of Sciences, En-24
gineering, and Medicine to conduct a study— 25
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(1) to identify specific immediate and specific 1
long-term types of improvements to roadway infra-2
structure that would benefit the largest segment of 3
road users, autonomous vehicles, and automated 4
driving systems; and 5
(2) to examine how best to achieve uniformity 6
in roadway infrastructure to facilitate the safe de-7
ployment of autonomous vehicles and automated 8
driving systems. 9
(b) RECOMMENDATIONS.—The study conducted 10
under subsection (a) shall include recommendations to 11
Congress relating to the matters studied under paragraphs 12
(1) and (2) of that subsection. 13
(c) PUBLIC COMMENT.—Before entering into an 14
agreement under subsection (a), the Secretary shall pro-15
vide an opportunity for public comment on the study pro-16
posal. 17
(d) REPORT.—If the Transportation Research Board 18
enters into the agreement under subsection (a), to the 19
maximum extent practicable, not later than 2 years after 20
the date of enactment of this Act, the Secretary shall sub-21
mit to Congress the study conducted under that sub-22
section. 23
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SEC. 1513. STUDY ON VEHICLE-TO-INFRASTRUCTURE COM-1
MUNICATION TECHNOLOGY. 2
(a) IN GENERAL.—Not later than 1 year after the 3
date of enactment of this Act, the Secretary shall offer 4
to enter into an agreement with the Transportation Re-5
search Board of the National Academy of Sciences, Engi-6
neering, and Medicine to conduct a study to identify im-7
mediate and long-term safety benefits of— 8
(1) vehicle-to-infrastructure connectivity tech-9
nologies; and 10
(2) technologies that would allow motor vehicles 11
and roadway infrastructure to communicate using 12
dedicated short-range communications and related 13
safety applications. 14
(b) CONTENTS.—The study conducted under sub-15
section (a) shall include— 16
(1) recommendations to Congress on specific 17
improvements to roadway infrastructure that would 18
be needed to facilitate the implementation of— 19
(A) technologies that would allow motor 20
vehicles and roadway infrastructure to commu-21
nicate using dedicated short-range communica-22
tions; and 23
(B) other vehicle-to-infrastructure 24
connectivity technologies; and 25
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(2) an evaluation of the safety, mobility, and 1
environmental impacts resulting from a delay of the 2
adoption of proven dedicated short-range commu-3
nication technologies for vehicle-to-infrastructure 4
communication. 5
(c) PUBLIC COMMENT.—Before entering into an 6
agreement under subsection (a), the Secretary shall pro-7
vide an opportunity for public comment on the study pro-8
posal. 9
(d) REPORT.—If the Transportation Research Board 10
enters into the agreement under subsection (a), to the 11
maximum extent practicable, not later than 2 years after 12
the date of enactment of this Act, the Secretary shall sub-13
mit to Congress the study conducted under this section. 14
SEC. 1514. NONHIGHWAY RECREATIONAL FUEL STUDY. 15
(a) DEFINITIONS.—In this section: 16
(1) HIGHWAY TRUST FUND.—The term ‘‘High-17
way Trust Fund’’ means the Highway Trust Fund 18
established by section 9503(a) of the Internal Rev-19
enue Code of 1986. 20
(2) NONHIGHWAY RECREATIONAL FUEL 21
TAXES.—The term ‘‘nonhighway recreational fuel 22
taxes’’ means taxes under section 4041 and 4081 of 23
the Internal Revenue Code of 1986 with respect to 24
fuel used in vehicles on recreational trails or back 25
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country terrain (including vehicles registered for 1
highway use when used on recreational trails, trail 2
access roads not eligible for funding under title 23, 3
United States Code, or back country terrain). 4
(3) RECREATIONAL TRAILS PROGRAM.—The 5
term ‘‘recreational trails program’’ means the rec-6
reational trails program under section 206 of title 7
23, United States Code. 8
(b) ASSESSMENT; REPORT.— 9
(1) ASSESSMENT.—Not later than 1 year after 10
the date of enactment of this Act and not less fre-11
quently than once every 5 years thereafter, as deter-12
mined by the Secretary, the Secretary shall carry 13
out an assessment of the best available estimate of 14
the total amount of nonhighway recreational fuel 15
taxes received by the Secretary of the Treasury and 16
transferred to the Highway Trust Fund for the pe-17
riod covered by the assessment. 18
(2) REPORT.—After carrying out each assess-19
ment under paragraph (1), the Secretary shall sub-20
mit to the Committees on Finance and Environment 21
and Public Works of the Senate and the Committees 22
on Ways and Means and Transportation and Infra-23
structure of the House of Representatives a report 24
that includes— 25
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(A) to assist Congress in determining an 1
appropriate funding level for the recreational 2
trails program— 3
(i) a description of the results of the 4
assessment; and 5
(ii) an evaluation of whether the cur-6
rent recreational trails program funding 7
level reflects the amount of nonhighway 8
recreational fuel taxes collected and trans-9
ferred to the Highway Trust Fund; and 10
(B) in the case of the first report sub-11
mitted under this paragraph, an estimate of the 12
frequency with which the Secretary anticipates 13
carrying out the assessment under paragraph 14
(1), subject to the condition that such an as-15
sessment shall be carried out not less frequently 16
than once every 5 years. 17
(c) CONSULTATION.—In carrying out an assessment 18
under subsection (b)(1), the Secretary may consult with, 19
as the Secretary determines to be appropriate— 20
(1) the heads of— 21
(A) State agencies designated by Gov-22
ernors pursuant to section 206(c)(1) of title 23, 23
United States Code, to administer the rec-24
reational trails program; and 25
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(B) division offices of the Department; 1
(2) the Secretary of the Treasury; 2
(3) the Administrator of the Federal Highway 3
Administration; and 4
(4) groups representing recreational activities 5
and interests, including hiking, biking and mountain 6
biking, horseback riding, water trails, snowshoeing, 7
cross-country skiing, snowmobiling, off-highway 8
motorcycling, all-terrain vehicles and other offroad 9
motorized vehicle activities, and recreational trail ad-10
vocates. 11
SEC. 1515. BUY AMERICA. 12
Section 313 of title 23, United States Code, is 13
amended— 14
(1) by redesignating subsection (g) as sub-15
section (h); and 16
(2) by inserting after subsection (f) the fol-17
lowing: 18
‘‘(g) WAIVERS.— 19
‘‘(1) IN GENERAL.—Not less than 15 days be-20
fore issuing a waiver under this section, the Sec-21
retary shall provide to the public— 22
‘‘(A) notice of the proposed waiver; 23
‘‘(B) an opportunity for comment on the 24
proposed waiver; and 25
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‘‘(C) the reasons for the proposed waiver. 1
‘‘(2) REPORT.—Not less frequently than annu-2
ally, the Secretary shall submit to the Committee on 3
Environment and Public Works of the Senate and 4
the Committee on Transportation and Infrastructure 5
of the House of Representatives a report on the 6
waivers provided under this section.’’. 7
SEC. 1516. REPORT ON DATA-DRIVEN INFRASTRUCTURE 8
TRAFFIC SAFETY IMPROVEMENTS. 9
The Administrator of the Federal Highway Adminis-10
tration shall— 11
(1) conduct a study to identify data-driven in-12
frastructure traffic safety improvements for priority 13
focus areas identified by the Administrator, includ-14
ing improvements that would benefit older drivers, 15
teenage drivers, commercial drivers, and other vul-16
nerable drivers; 17
(2) on completion of the study under paragraph 18
(1), submit to the Committee on Environment and 19
Public Works of the Senate and the Committee on 20
Transportation and Infrastructure of the House of 21
Representatives a report that— 22
(A) describes the results of the study; and 23
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(B) includes recommendations for data- 1
driven infrastructure traffic safety improve-2
ments that could be implemented; and 3
(3) based on the results of the study, promote 4
the use of the data-driven infrastructure traffic safe-5
ty improvements recommended under paragraph 6
(2)(B). 7
SEC. 1517. HIGH PRIORITY CORRIDORS ON THE NATIONAL 8
HIGHWAY SYSTEM. 9
(a) HIGH PRIORITY CORRIDORS.—Section 1105(c) of 10
the Intermodal Surface Transportation Efficiency Act of 11
1991 (Public Law 102–240; 105 Stat. 2032; 131 Stat. 12
797) is amended by adding at the end the following: 13
‘‘(91) United States Route 421 from the inter-14
change with Interstate Route 85 in Greensboro, 15
North Carolina, to the interchange with Interstate 16
Route 95 in Dunn, North Carolina. 17
‘‘(92) The Wendell H. Ford (Western Ken-18
tucky) Parkway from the interchange with the Wil-19
liam H. Natcher Parkway in Ohio County, Ken-20
tucky, west to the interchange of the Western Ken-21
tucky Parkway with the Edward T. Breathitt 22
(Pennyrile) Parkway.’’. 23
(b) DESIGNATION AS FUTURE INTERSTATE.—Sec-24
tion 1105(e)(5)(A) of the Intermodal Surface Transpor-25
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tation Efficiency Act of 1991 (Public Law 102–240; 109 1
Stat. 597; 131 Stat. 797) is amended in the first sentence 2
by striking ‘‘and subsection (c)(90)’’ and inserting ‘‘sub-3
section (c)(90), subsection (c)(91), and subsection 4
(c)(92)’’. 5
(c) NUMBERING OF PARKWAY.—Section 6
1105(e)(5)(C)(i) of the Intermodal Surface Transpor-7
tation Efficiency Act of 1991 (Public Law 102–240; 109 8
Stat. 598; 126 Stat. 426; 131 Stat. 797) is amended by 9
adding at the end the following: ‘‘The route referred to 10
in subsection (c)(92) is designated as Interstate Route I– 11
569.’’. 12
(d) GAO REPORT ON DESIGNATION OF SEGMENTS 13
AS PART OF INTERSTATE SYSTEM.— 14
(1) DEFINITION OF APPLICABLE SEGMENT.—In 15
this subsection, the term ‘‘applicable segment’’ 16
means a route described in paragraph (91) or (92) 17
of section 1105(c) of the Intermodal Surface Trans-18
portation Efficiency Act of 1991 (Public Law 102– 19
240; 105 Stat. 2032). 20
(2) REPORT.— 21
(A) IN GENERAL.—Not later than 2 years 22
after the date on which the applicable segments 23
are open for operations as part of the Interstate 24
System, the Comptroller General of the United 25
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States shall submit to Congress a report on the 1
impact, if any, during that 2-year period of al-2
lowing the continuation of weight limits that 3
applied before the designation of the applicable 4
segment as a route on the Interstate System. 5
(B) REQUIREMENTS.—The report under 6
subparagraph (A) shall— 7
(i) be informed by the views and docu-8
mentation provided by the State highway 9
agency (or equivalent agency) in each 10
State in which an applicable segment is lo-11
cated; 12
(ii) describe any impacts on safety 13
and infrastructure on the applicable seg-14
ments; 15
(iii) describe any view of the State 16
highway agency (or equivalent agency) in 17
each State in which an applicable segment 18
is located on the impact of the applicable 19
segment; and 20
(iv) focus only on the applicable seg-21
ments. 22
SEC. 1518. INTERSTATE WEIGHT LIMITS. 23
Section 127 of title 23, United States Code, is 24
amended— 25
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(1) in subsection (l)(3)(A)— 1
(A) in the matter preceding clause (i), in 2
the first sentence, by striking ‘‘clause (i) or 3
(ii)’’ and inserting ‘‘clauses (i) through (iv)’’; 4
and 5
(B) by adding at the end the following: 6
‘‘(iii) The Wendell H. Ford (Western 7
Kentucky) Parkway (to be designated as a 8
spur of Interstate Route 69) from the 9
interchange with the William H. Natcher 10
Parkway in Ohio County, Kentucky, west 11
to the interchange of the Western Ken-12
tucky Parkway with the Edward T. 13
Breathitt (Pennyrile) Parkway. 14
‘‘(iv) The Edward T. Breathitt Park-15
way (to be designated as a spur of Inter-16
state Route 69) from Interstate 24 to 17
Interstate 69.’’; and 18
(2) by adding at the end the following: 19
‘‘(v) OPERATION OF VEHICLES ON CERTAIN NORTH 20
CAROLINA HIGHWAYS.—If any segment in the State of 21
North Carolina of United States Route 17, United States 22
Route 29, United States Route 52, United States Route 23
64, United States Route 70, United States Route 74, 24
United States Route 117, United States Route 220, 25
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United States Route 264, or United States Route 421 is 1
designated as a route on the Interstate System, a vehicle 2
that could operate legally on that segment before the date 3
of such designation may continue to operate on that seg-4
ment, without regard to any requirement under subsection 5
(a).’’. 6
SEC. 1519. INTERSTATE EXEMPTION. 7
Notwithstanding section 111 of title 23, United 8
States Code, if the segment of highway described in para-9
graph (92) of section 1105(c) of the Intermodal Surface 10
Transportation Efficiency Act of 1991 (Public Law 102– 11
240; 105 Stat. 2032) is designated as a route on the Inter-12
state System, any commercial establishment operating le-13
gally in a rest area on that segment before the date of 14
that designation may continue to operate in the Interstate 15
right-of-way, subject to the Interstate access standards es-16
tablished under section 111 of that title. 17
SEC. 1520. REPORT ON AIR QUALITY IMPROVEMENTS. 18
(a) IN GENERAL.—Not later than 3 years after the 19
date of enactment of this Act, the Comptroller General 20
of the United States shall submit a report that evaluates 21
the congestion mitigation and air quality improvement 22
program under section 149 of title 23, United States Code 23
(referred to in this section as the ‘‘program’’), to— 24
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(1) the Committee on Environment and Public 1
Works of the Senate; and 2
(2) the Committee on Transportation and In-3
frastructure of the House of Representatives. 4
(b) CONTENTS.—The evaluation under subsection (a) 5
shall include an evaluation of— 6
(1) the reductions of ozone, carbon monoxide, 7
and particulate matter that result from projects 8
under the program; 9
(2) the cost-effectiveness of the reductions de-10
scribed in paragraph (1); 11
(3) the result of investments of funding under 12
the program in minority and low-income commu-13
nities that are disproportionately affected by ozone, 14
carbon monoxide, and particulate matter; 15
(4) the effectiveness, with respect to the attain-16
ment or maintenance of national ambient air quality 17
standards under section 109 of the Clean Air Act 18
(42 U.S.C. 7409) for ozone, carbon monoxide, and 19
particulate matter, of performance measures estab-20
lished under section 150(c)(5) of title 23, United 21
States Code, and performance targets established 22
under subsection (d) of that section for traffic con-23
gestion and on-road mobile source emissions; 24
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(5) the extent to which there are any types of 1
projects that are not eligible funding under the pro-2
gram that would be likely to contribute to the at-3
tainment or maintenance of the national ambient air 4
quality standards described in paragraph (4); and 5
(6) the extent to which projects under the pro-6
gram reduce sulfur dioxide, nitrogen dioxide, and 7
lead. 8
SEC. 1521. ROADSIDE HIGHWAY SAFETY HARDWARE. 9
(a) IN GENERAL.—Not later than 2 years after the 10
date of enactment of this Act, the Secretary shall imple-11
ment the following recommendations from the report of 12
the Government Accountability Office entitled ‘‘Highway 13
Safety: More Robust DOT Oversight of Guardrails and 14
Other Roadside Hardware Could Further Enhance Safe-15
ty’’ published in June 2016 and numbered GAO–16–575: 16
(1) Develop a process for third party 17
verification of full-scale crash testing results from 18
crash test labs to include a process for— 19
(A) formally verifying the testing out-20
comes; and 21
(B) providing for an independent pass/fail 22
determination. 23
(2) Establish a process to enhance the inde-24
pendence of crash test labs by ensuring that those 25
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labs have a clear separation between device develop-1
ment and testing in cases in which lab employees 2
test devices that were developed within the parent 3
organization of the employee. 4
(b) CONTINUED ISSUANCE OF ELIGIBILITY LET-5
TERS.—Until the implementation of the recommendations 6
described in subsection (a) is complete, the Secretary shall 7
ensure that the Administrator of the Federal Highway Ad-8
ministration continues to issue Federal-aid reimbursement 9
eligibility letters as a service to States. 10
SEC. 1522. PERMEABLE PAVEMENTS STUDY. 11
(a) IN GENERAL.—Not later than 1 year after the 12
date of enactment of this Act, the Secretary shall carry 13
out a study— 14
(1) to gather existing information on the effects 15
of permeable pavements on flood control in different 16
contexts, including in urban areas, and over the life-17
time of the permeable pavement; 18
(2) to perform research to fill gaps in the exist-19
ing information gathered under paragraph (1); and 20
(3) to develop— 21
(A) models for the performance of per-22
meable pavements in flood control; and 23
(B) best practices for designing permeable 24
pavement to meet flood control requirements. 25
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(b) DATA SURVEY.—In carrying out the study under 1
subsection (a), the Secretary shall develop— 2
(1) a summary, based on available literature 3
and models, of localized flood control capabilities of 4
permeable pavement that considers long-term per-5
formance and cost information; and 6
(2) best practices for the design of localized 7
flood control using permeable pavement that con-8
siders long-term performance and cost information. 9
(c) PUBLICATION.—The Secretary shall make a re-10
port describing the results of the study under subsection 11
(a) available to States and units of local government. 12
SEC. 1523. EMERGENCY RELIEF PROJECTS. 13
(a) DEFINITION OF EMERGENCY RELIEF 14
PROJECT.—In this section, the term ‘‘emergency relief 15
project’’ means a project carried out under the emergency 16
relief program under section 125 of title 23, United States 17
Code. 18
(b) IMPROVING THE EMERGENCY RELIEF PRO-19
GRAM.—Not later than 90 days after the date of enact-20
ment of this Act, the Secretary shall— 21
(1) revise the emergency relief manual of the 22
Federal Highway Administration— 23
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(A) to include and reflect the definition of 1
the term ‘‘resilience’’ (as defined in section 2
101(a) of title 23, United States Code); 3
(B) to identify procedures that States may 4
use to incorporate resilience into emergency re-5
lief projects; and 6
(C) to encourage the use of Complete 7
Streets design principles and consideration of 8
access for moderate- and low-income families 9
impacted by a declared disaster; 10
(2) develop best practices for improving the use 11
of resilience in— 12
(A) the emergency relief program under 13
section 125 of title 23, United States Code; and 14
(B) emergency relief efforts; 15
(3) provide to division offices of the Federal 16
Highway Administration and State departments of 17
transportation information on the best practices de-18
veloped under paragraph (2); and 19
(4) develop and implement a process to track— 20
(A) the consideration of resilience as part 21
of the emergency relief program under section 22
125 of title 23, United States Code; and 23
(B) the costs of emergency relief projects. 24
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SEC. 1524. CERTAIN GATHERING LINES LOCATED ON FED-1
ERAL LAND AND INDIAN LAND. 2
(a) DEFINITIONS.—In this section: 3
(1) FEDERAL LAND.— 4
(A) IN GENERAL.—The term ‘‘Federal 5
land’’ means land the title to which is held by 6
the United States. 7
(B) EXCLUSIONS.—The term ‘‘Federal 8
land’’ does not include— 9
(i) a unit of the National Park Sys-10
tem; 11
(ii) a unit of the National Wildlife 12
Refuge System; 13
(iii) a component of the National Wil-14
derness Preservation System; 15
(iv) a wilderness study area within the 16
National Forest System; or 17
(v) Indian land. 18
(2) GATHERING LINE AND ASSOCIATED FIELD 19
COMPRESSION OR PUMPING UNIT.— 20
(A) IN GENERAL.—The term ‘‘gathering 21
line and associated field compression or pump-22
ing unit’’ means— 23
(i) a pipeline that is installed to trans-24
port oil, natural gas and related constitu-25
ents, or produced water from 1 or more 26
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wells drilled and completed to produce oil 1
or gas; and 2
(ii) if necessary, 1 or more compres-3
sors or pumps to raise the pressure of the 4
transported oil, natural gas and related 5
constituents, or produced water to higher 6
pressures necessary to enable the oil, nat-7
ural gas and related constituents, or pro-8
duced water to flow into pipelines and 9
other facilities. 10
(B) INCLUSIONS.—The term ‘‘gathering 11
line and associated field compression or pump-12
ing unit’’ includes a pipeline or associated com-13
pression or pumping unit that is installed to 14
transport oil or natural gas from a processing 15
plant to a common carrier pipeline or facility. 16
(C) EXCLUSIONS.—The term ‘‘gathering 17
line and associated field compression or pump-18
ing unit’’ does not include a common carrier 19
pipeline. 20
(3) INDIAN LAND.—The term ‘‘Indian land’’ 21
means land the title to which is held by— 22
(A) the United States in trust for an In-23
dian Tribe or an individual Indian; or 24
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(B) an Indian Tribe or an individual In-1
dian subject to a restriction by the United 2
States against alienation. 3
(4) PRODUCED WATER.—The term ‘‘produced 4
water’’ means water produced from an oil or gas 5
well bore that is not a fluid prepared at, or trans-6
ported to, the well site to resolve a specific oil or gas 7
well bore or reservoir condition. 8
(5) SECRETARY.—The term ‘‘Secretary’’ means 9
the Secretary of the Interior. 10
(b) CERTAIN GATHERING LINES.— 11
(1) IN GENERAL.—Subject to paragraph (2), 12
the issuance of a sundry notice or right-of-way for 13
a gathering line and associated field compression or 14
pumping unit that is located on Federal land or In-15
dian land and that services any oil or gas well may 16
be considered by the Secretary to be an action that 17
is categorically excluded (as defined in section 18
1508.4 of title 40, Code of Federal Regulations (as 19
in effect on the date of enactment of this Act)) for 20
purposes of the National Environmental Policy Act 21
of 1969 (42 U.S.C. 4321 et seq.) if the gathering 22
line and associated field compression or pumping 23
unit— 24
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(A) are within a field or unit for which an 1
approved land use plan or an environmental 2
document prepared pursuant to the National 3
Environmental Policy Act of 1969 (42 U.S.C. 4
4321 et seq.) analyzed transportation of oil, 5
natural gas, or produced water from 1 or more 6
oil or gas wells in the field or unit as a reason-7
ably foreseeable activity; 8
(B) are located adjacent to or within— 9
(i) any existing disturbed area; or 10
(ii) an existing corridor for a right-of- 11
way; and 12
(C) would reduce— 13
(i) in the case of a gathering line and 14
associated field compression or pumping 15
unit transporting methane, the total quan-16
tity of methane that would otherwise be 17
vented, flared, or unintentionally emitted 18
from the field or unit; or 19
(ii) in the case of a gathering line and 20
associated field compression or pumping 21
unit not transporting methane, the vehic-22
ular traffic that would otherwise service 23
the field or unit. 24
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(2) APPLICABILITY.—Paragraph (1) shall apply 1
to Indian land, or a portion of Indian land— 2
(A) to which the National Environmental 3
Policy Act of 1969 (42 U.S.C. 4321 et seq.) ap-4
plies; and 5
(B) for which the Indian Tribe with juris-6
diction over the Indian land submits to the Sec-7
retary a written request that paragraph (1) 8
apply to that Indian land (or portion of Indian 9
land). 10
(c) EFFECT ON OTHER LAW.—Nothing in this sec-11
tion— 12
(1) affects or alters any requirement— 13
(A) relating to prior consent under— 14
(i) section 2 of the Act of February 5, 15
1948 (62 Stat. 18, chapter 45; 25 U.S.C. 16
324); or 17
(ii) section 16(e) of the Act of June 18
18, 1934 (48 Stat. 987, chapter 576; 102 19
Stat. 2939; 114 Stat. 47; 25 U.S.C. 20
5123(e)) (commonly known as the ‘‘Indian 21
Reorganization Act’’); 22
(B) under section 306108 of title 54, 23
United States Code; or 24
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(C) under any other Federal law (including 1
regulations) relating to Tribal consent for 2
rights-of-way across Indian land; or 3
(2) makes the National Environmental Policy 4
Act of 1969 (42 U.S.C. 4321 et seq.) applicable to 5
land to which that Act otherwise would not apply. 6
SEC. 1525. TECHNICAL CORRECTIONS. 7
(a) Section 101(b)(1) of title 23, United States Code, 8
is amended by inserting ‘‘Highways’’ after ‘‘and Defense’’. 9
(b) Section 108(c)(3)(F) of title 23, United States 10
Code, is amended— 11
(1) by inserting ‘‘of 1969 (42 U.S.C. 4321 et 12
seq.)’’ after ‘‘Policy Act’’; and 13
(2) by striking ‘‘this Act’’ and inserting ‘‘this 14
title’’. 15
(c) Section 112(b)(2) of title 23, United States Code, 16
is amended by striking ‘‘(F) (F) Subparagraphs’’ and in-17
serting the following: 18
‘‘(F) EXCLUSION.—Subparagraphs’’. 19
(d) Section 130(g) of title 23, United States Code, 20
is amended— 21
(1) in the third sentence— 22
(A) by striking ‘‘and Transportation,’’ and 23
inserting ‘‘and Transportation’’; and 24
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(B) by striking ‘‘thereafter,,’’ and inserting 1
‘‘thereafter,’’; and 2
(2) in the fifth sentence, by striking ‘‘railroad 3
highway’’ and inserting ‘‘railway-highway’’. 4
(e) Section 135(g) of title 23, United States Code, 5
is amended— 6
(1) in paragraph (3), by striking ‘‘operators),,’’ 7
and inserting ‘‘operators),’’; and 8
(2) in paragraph (6)(B), by striking ‘‘5310, 9
5311, 5316, and 5317’’ and inserting ‘‘5310 and 10
5311’’. 11
(f) Section 140(a) of title 23, United States Code, 12
is amended, in the third sentence, by inserting a comma 13
after ‘‘Secretary’’. 14
(g) Section 142 of title 23, United States Code, is 15
amended by striking subsection (i). 16
(h) Section 148(i)(2)(D) of title 23, United States 17
Code, is amended by striking ‘‘safety safety’’ and inserting 18
‘‘safety’’. 19
(i) Section 166(a)(1) of title 23, United States Code, 20
is amended by striking the paragraph designation and 21
heading and all that follows through ‘‘A public authority’’ 22
and inserting the following: 23
‘‘(1) AUTHORITY OF PUBLIC AUTHORITIES.—A 24
public authority’’. 25
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(j) Section 202 of title 23, United States Code, is 1
amended— 2
(1) by striking ‘‘(25 U.S.C. 450 et seq.)’’ each 3
place it appears and inserting ‘‘(25 U.S.C. 5301 et 4
seq.)’’; 5
(2) in subsection (a)(10)(B), by striking ‘‘(25 6
U.S.C. 450e(b))’’ and inserting ‘‘(25 U.S.C. 7
5307(b))’’; and 8
(3) in subsection (b)(5), in the matter pre-9
ceding subparagraph (A), by inserting ‘‘the’’ after 10
‘‘agreement under’’. 11
(k) Section 207 of title 23, United States Code, is 12
amended— 13
(1) in subsection (g), by striking ‘‘25 U.S.C. 14
450j–1’’ each place it appears and inserting ‘‘25 15
U.S.C. 5325’’; 16
(2) in subsection (l)— 17
(A) in paragraph (1), by striking ‘‘(25 18
U.S.C. 458aaa–5)’’ and inserting ‘‘(25 U.S.C. 19
5386)’’; 20
(B) in paragraph (2), by striking ‘‘(25 21
U.S.C. 458aaa–6)’’ and inserting ‘‘(25 U.S.C. 22
5387)’’; 23
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(C) in paragraph (3), by striking ‘‘(25 1
U.S.C. 458aaa–7)’’ and inserting ‘‘(25 U.S.C. 2
5388)’’; 3
(D) in paragraph (4), by striking ‘‘(25 4
U.S.C. 458aaa–9)’’ and inserting ‘‘(25 U.S.C. 5
5390)’’; 6
(E) in paragraph (5), by striking ‘‘(25 7
U.S.C. 458aaa–10)’’ and inserting ‘‘(25 U.S.C. 8
5391)’’; 9
(F) in paragraph (6), by striking ‘‘(25 10
U.S.C. 458aaa–11)’’ and inserting ‘‘(25 U.S.C. 11
5392)’’; 12
(G) in paragraph (7), by striking ‘‘(25 13
U.S.C. 458aaa–14)’’ and inserting ‘‘(25 U.S.C. 14
5395)’’; 15
(H) in paragraph (8), by striking ‘‘(25 16
U.S.C. 458aaa–15)’’ and inserting ‘‘(25 U.S.C. 17
5396)’’; and 18
(I) in paragraph (9), by striking ‘‘(25 19
U.S.C. 458aaa–17)’’ and inserting ‘‘(25 U.S.C. 20
5398)’’; and 21
(3) in subsection (m)(2)— 22
(A) by striking ‘‘505’’ and inserting 23
‘‘501’’; and 24
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(B) by striking ‘‘(25 U.S.C. 450b; 1
458aaa)’’ and inserting ‘‘(25 U.S.C. 5304; 2
5381)’’. 3
(l) Section 325(a)(2) of title 23, United States Code, 4
is amended by striking subparagraphs (A) and (B) and 5
inserting the following: 6
‘‘(A) Projects described in section 104(h) 7
(as in effect on the day before the date of en-8
actment of MAP–21). 9
‘‘(B) Projects or activities described in sec-10
tion 101(a)(29) or 213 (as those provisions 11
were in effect on the day before the date of en-12
actment of the FAST Act).’’. 13
(m) Section 504(g)(6) of title 23, United States 14
Code, is amended by striking ‘‘make grants or to’’ and 15
inserting ‘‘make grants to’’. 16
TITLE II—TRANSPORTATION IN-17
FRASTRUCTURE FINANCE 18
AND INNOVATION 19
SEC. 2001. TRANSPORTATION INFRASTRUCTURE FINANCE 20
AND INNOVATION ACT OF 1998 AMENDMENTS. 21
(a) DEFINITIONS.—Section 601(a) of title 23, United 22
States Code, is amended— 23
(1) by redesignating paragraphs (1) through 24
(22) as paragraphs (2) through (23), respectively; 25
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(2) by inserting before paragraph (2) (as so re-1
designated) the following: 2
‘‘(1) ADMINISTRATIVELY ALLOCATED.—The 3
term ‘administratively allocated’ means the alloca-4
tion by the Secretary of budget authority for a 5
project under the TIFIA program that occurs 6
when— 7
‘‘(A) a potential applicant has been invited 8
into the creditworthiness phase for a project 9
under the TIFIA program; or 10
‘‘(B) the project is subject to a master 11
credit agreement, in accordance with section 12
602(b)(2).’’; 13
(3) in subparagraph (E) of paragraph (11) (as 14
so redesignated), by striking ‘‘3 years’’ and inserting 15
‘‘5 years’’; and 16
(4) in paragraph (13) (as so redesignated)— 17
(A) by striking subparagraph (E) and in-18
serting the following: 19
‘‘(E) a project to improve or construct 20
public infrastructure— 21
‘‘(i) that— 22
‘‘(I) is located within walking dis-23
tance of, and accessible to, a fixed 24
guideway transit facility, passenger 25
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rail station, intercity bus station, or 1
intermodal facility, including a trans-2
portation, public utility, or capital 3
project described in section 4
5302(3)(G)(v) of title 49, and related 5
infrastructure; or 6
‘‘(II) is a project for economic 7
development, including commercial 8
and residential development, and re-9
lated infrastructure and activities— 10
‘‘(aa) that incorporates pri-11
vate investment; 12
‘‘(bb) that is physically or 13
functionally related to a pas-14
senger rail station or multimodal 15
station that includes rail service; 16
‘‘(cc) for which the project 17
sponsor has a high probability of 18
commencing the contracting 19
process for construction by not 20
later than 90 days after the date 21
on which credit assistance under 22
the TIFIA program is provided 23
for the project; and 24
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‘‘(dd) that has a high prob-1
ability of reducing the need for 2
financial assistance under any 3
other Federal program for the 4
relevant passenger rail station or 5
service by increasing ridership, 6
tenant lease payments, or other 7
activities that generate revenue 8
exceeding costs; and 9
‘‘(ii) for which, by not later than Sep-10
tember 30, 2025, the Secretary has— 11
‘‘(I) received a letter of interest; 12
and 13
‘‘(II) determined that the project 14
is eligible for assistance;’’; 15
(B) in subparagraph (F), by striking the 16
period at the end and inserting a semicolon; 17
and 18
(C) by adding at the end the following: 19
‘‘(G) an eligible airport-related project (as 20
defined in section 40117(a) of title 49) for 21
which, not later than September 30, 2024, the 22
Secretary has— 23
‘‘(i) received a letter of interest; and 24
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‘‘(ii) determined that the project is eli-1
gible for assistance; and 2
‘‘(H) a project for the acquisition of plant 3
and wildlife habitat pursuant to a conservation 4
plan that— 5
‘‘(i) has been approved by the Sec-6
retary of the Interior pursuant to section 7
10 of the Endangered Species Act of 1973 8
(16 U.S.C. 1539); and 9
‘‘(ii) in the judgment of the Secretary, 10
would mitigate the environmental impacts 11
of transportation infrastructure projects 12
otherwise eligible for assistance under this 13
title.’’. 14
(b) ELIGIBILITY.—Section 602(a) of title 23, United 15
States Code, is amended— 16
(1) in paragraph (2)— 17
(A) in subparagraph (A)(iv)— 18
(i) by striking ‘‘a rating’’ and insert-19
ing ‘‘an investment-grade rating’’; and 20
(ii) by striking ‘‘$75,000,000’’ and in-21
serting ‘‘$150,000,000’’; and 22
(B) in subparagraph (B)— 23
(i) by striking ‘‘the senior debt’’ and 24
inserting ‘‘senior debt’’; and 25
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(ii) by striking ‘‘credit instrument is 1
for an amount less than $75,000,000’’ and 2
inserting ‘‘total amount of other senior 3
debt and the Federal credit instrument is 4
less than $150,000,000’’; and 5
(2) in paragraph (5)(B)(ii), by striking ‘‘section 6
601(a)(12)(E)’’ and inserting ‘‘section 7
601(a)(13)(E)’’. 8
(c) PROCESSING TIMELINES.—Section 602(d) of title 9
23, United States Code, is amended— 10
(1) by redesignating paragraphs (1) and (2) as 11
paragraphs (2) and (3), respectively; 12
(2) in paragraph (3) (as so redesignated), by 13
striking ‘‘paragraph (1)’’ and inserting ‘‘paragraph 14
(2)’’; and 15
(3) by inserting before paragraph (2) (as so re-16
designated) the following: 17
‘‘(1) PROCESSING TIMELINES.—Except in the 18
case of an application described in subsection (a)(8) 19
and to the maximum extent practicable, the Sec-20
retary shall provide an applicant with a specific esti-21
mate of the timeline for the approval or disapproval 22
of the application of the applicant, which, to the 23
maximum extent practicable, the Secretary shall en-24
deavor to complete by not later than 150 days after 25
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the date on which the applicant submits a letter of 1
interest to the Secretary.’’. 2
(d) SECURED LOANS.—Section 603(c)(4)(A) of title 3
23, United States Code, is amended— 4
(1) by striking ‘‘Any excess’’ and inserting the 5
following: 6
‘‘(i) IN GENERAL.—Except as pro-7
vided in clause (ii), any excess’’; and 8
(2) by adding at the end the following: 9
‘‘(ii) CERTAIN APPLICANTS.—In the 10
case of a secured loan or other secured 11
Federal credit instrument provided after 12
the date of enactment of the America’s 13
Transportation Infrastructure Act of 2019, 14
if the obligor is a governmental entity, 15
agency, or instrumentality, the obligor 16
shall not be required to prepay the secured 17
loan or other secured Federal credit instru-18
ment with any excess revenues described in 19
clause (i) if the obligor enters into an 20
agreement to use those excess revenues 21
only for purposes authorized under this 22
title or title 49.’’. 23
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(e) STREAMLINED APPLICATION PROCESS.—Section 1
603(f) of title 23, United States Code, is amended by add-2
ing at the end the following: 3
‘‘(3) ADDITIONAL TERMS FOR EXPEDITED DE-4
CISIONS.— 5
‘‘(A) IN GENERAL.—Not later than 120 6
days after the date of enactment of this para-7
graph, the Secretary shall implement an expe-8
dited decision timeline for public agency bor-9
rowers seeking secured loans that meet— 10
‘‘(i) the terms under paragraph (2); 11
and 12
‘‘(ii) the additional criteria described 13
in subparagraph (B). 14
‘‘(B) ADDITIONAL CRITERIA.—The addi-15
tional criteria referred to in subparagraph 16
(A)(ii) are the following: 17
‘‘(i) The secured loan is made on 18
terms and conditions that substantially 19
conform to the conventional terms and 20
conditions established by the National Sur-21
face Transportation Innovative Finance 22
Bureau. 23
‘‘(ii) The secured loan is rated in the 24
A category or higher. 25
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‘‘(iii) The TIFIA program share of el-1
igible project costs is 33 percent or less. 2
‘‘(iv) The applicant demonstrates a 3
reasonable expectation that the contracting 4
process for the project can commence by 5
not later than 90 days after the date on 6
which a Federal credit instrument is obli-7
gated for the project under the TIFIA pro-8
gram. 9
‘‘(v) The project has received a cat-10
egorical exclusion, a finding of no signifi-11
cant impact, or a record of decision under 12
the National Environmental Policy Act of 13
1969 (42 U.S.C. 4321 et seq.). 14
‘‘(C) WRITTEN NOTICE.—The Secretary 15
shall provide to an applicant seeking a secured 16
loan under the expedited decision process under 17
this paragraph a written notice informing the 18
applicant whether the Secretary has approved 19
or disapproved the application by not later than 20
180 days after the date on which the Secretary 21
submits to the applicant a letter indicating that 22
the National Surface Transportation Innovative 23
Finance Bureau has commenced the credit-24
worthiness review of the project.’’. 25
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(f) FUNDING.— 1
(1) IN GENERAL.—Section 608(a) of title 23, 2
United States Code, is amended— 3
(A) by redesignating paragraphs (4) and 4
(5) as paragraphs (5) and (6), respectively; 5
(B) by inserting after paragraph (3) the 6
following: 7
‘‘(4) LIMITATION FOR CERTAIN PROJECTS.— 8
‘‘(A) TRANSIT-ORIENTED DEVELOPMENT 9
PROJECTS.—For each fiscal year, the Secretary 10
may use to carry out projects described in sec-11
tion 601(a)(13)(E) not more than 15 percent of 12
the amounts made available to carry out the 13
TIFIA program for that fiscal year. 14
‘‘(B) AIRPORT-RELATED PROJECTS.—The 15
Secretary may use to carry out projects de-16
scribed in section 601(a)(13)(G)— 17
‘‘(i) for each fiscal year, not more 18
than 15 percent of the amounts made 19
available to carry out the TIFIA program 20
under the America’s Transportation Infra-21
structure Act of 2019 for that fiscal year; 22
and 23
‘‘(ii) for the period of fiscal years 24
2021 through 2025, not more than 15 per-25
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cent of the unobligated carryover balances 1
(as of October 1, 2020) made available to 2
carry out the TIFIA program, less the 3
total amount administratively allocated by 4
the Secretary as of that date.’’; and 5
(C) by striking paragraph (6) (as so redes-6
ignated) and inserting the following: 7
‘‘(6) ADMINISTRATIVE COSTS.—Of the amounts 8
made available to carry out the TIFIA program, the 9
Secretary may use not more than $10,000,000 for 10
each of fiscal years 2021 through 2025 for the ad-11
ministration of the TIFIA program.’’. 12
(2) CONFORMING AMENDMENT.—Section 13
605(f)(1) of title 23, United States Code, is amend-14
ed by striking ‘‘section 608(a)(5)’’ and inserting 15
‘‘section 608(a)(6)’’. 16
(g) STATUS REPORTS.—Section 609 of title 23, 17
United States Code, is amended by adding at the end the 18
following: 19
‘‘(c) STATUS REPORTS.— 20
‘‘(1) IN GENERAL.—The Secretary shall publish 21
on the website for the TIFIA program— 22
‘‘(A) on a monthly basis, a current status 23
report on all submitted letters of interest and 24
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applications received for assistance under the 1
TIFIA program; and 2
‘‘(B) on a quarterly basis, a current status 3
report on all approved applications for assist-4
ance under the TIFIA program. 5
‘‘(2) INCLUSIONS.—Each monthly and quar-6
terly status report under paragraph (1) shall in-7
clude, at a minimum, with respect to each project in-8
cluded in the status report— 9
‘‘(A) the name of the party submitting the 10
letter of interest or application; 11
‘‘(B) the name of the project; 12
‘‘(C) the date on which the letter of inter-13
est or application was received; 14
‘‘(D) the estimated project eligible costs; 15
‘‘(E) the type of credit assistance sought; 16
and 17
‘‘(F) the anticipated fiscal year and quar-18
ter for closing of the credit assistance.’’. 19
(h) STATE INFRASTRUCTURE BANK PROGRAM.—Sec-20
tion 610 of title 23, United States Code, is amended— 21
(1) in subsection (d)— 22
(A) in paragraph (1)(A), by striking ‘‘fis-23
cal years 2016 through 2020’’ and inserting 24
‘‘fiscal years 2021 through 2025’’; 25
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(B) in paragraph (2), by striking ‘‘fiscal 1
years 2016 through 2020’’ and inserting ‘‘fiscal 2
years 2021 through 2025’’; and 3
(C) in paragraph (3), by striking ‘‘fiscal 4
years 2016 through 2020’’ and inserting ‘‘fiscal 5
years 2021 through 2025’’; and 6
(2) in subsection (k), by striking ‘‘fiscal years 7
2016 through 2020’’ and inserting ‘‘fiscal years 8
2021 through 2025’’. 9
(i) REPORT.—Not later than September 30, 2024, 10
the Secretary shall submit to the Committee on Environ-11
ment and Public Works of the Senate and the Committee 12
on Transportation and Infrastructure of the House of 13
Representatives a report on the impact of the amendment 14
relating to airport-related projects under subsection 15
(a)(4)(C) and subsection (f)(1)(B), including— 16
(1) information on the use of TIFIA program 17
(as defined in section 601(a) of title 23, United 18
States Code) funds for eligible airport-related 19
projects (as defined in section 40117(a) of title 49, 20
United States Code); and 21
(2) recommendations for modifications to the 22
TIFIA program. 23
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TITLE III—RESEARCH, 1
TECHNOLOGY, AND EDUCATION 2
SEC. 3001. SURFACE TRANSPORTATION SYSTEM FUNDING 3
ALTERNATIVES. 4
(a) IN GENERAL.—The Secretary shall establish a 5
program to test the feasibility of a road usage fee and 6
other user-based alternative revenue mechanisms to main-7
tain the long-term solvency of the Highway Trust Fund, 8
through pilot projects at the State and regional level. 9
(b) GRANTS.—The Secretary shall provide grants to 10
States and groups of States to carry out pilot projects 11
under this section. 12
(c) APPLICATIONS.—To be eligible for a grant under 13
this section, a State or group of States shall submit to 14
the Secretary an application at such time, in such manner, 15
and containing such information as the Secretary may re-16
quire. 17
(d) OBJECTIVES.—The Secretary shall ensure that 18
the activities carried out using funds provided under this 19
section meet the following objectives: 20
(1) To test the design, acceptance, equity, and 21
implementation of user-based alternative revenue 22
mechanisms, including among differing income 23
groups and among rural and urban drivers. 24
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(2) To provide recommendations regarding 1
adoption and implementation of user-based alter-2
native revenue mechanisms. 3
(3) To quantify and minimize the administra-4
tive costs of any potential user-based alternative rev-5
enue mechanisms. 6
(4) To test a variety of solutions, including the 7
use of third-party vendors, for the collection of data 8
and road usage fees, including the reliability and se-9
curity of those solutions and vendors. 10
(5) To test solutions to ensure the privacy and 11
security of data collected for the purpose of imple-12
menting a user-based alternative revenue mecha-13
nism. 14
(6) To conduct public education and outreach 15
to increase public awareness regarding the need for 16
road usage fees or other user-based alternative rev-17
enue mechanisms for surface transportation pro-18
grams. 19
(7) To evaluate the ease of compliance and en-20
forcement of a variety of implementation approaches 21
for different users of the transportation system. 22
(e) USE OF FUNDS.—A State or group of States that 23
receives a grant under this section shall use the grant to 24
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carry out activities to address the objectives described in 1
subsection (d). 2
(f) CONSIDERATION.—The Secretary shall consider 3
geographic diversity in awarding grants under this section. 4
(g) LIMITATIONS ON REVENUE COLLECTED.—Any 5
revenue collected through a user-based alternative revenue 6
mechanism established using funds provided under this 7
section shall not be considered a toll under section 301 8
of title 23, United States Code. 9
(h) FEDERAL SHARE.—The Federal share of the cost 10
of an activity carried out under this section may not ex-11
ceed 70 percent of the total cost of the activity. 12
(i) FUNDING.—Of the funds made available to carry 13
out section 503(b) of title 23, United States Code, for each 14
of fiscal years 2021 through 2025, $12,500,000 shall be 15
used for State pilot projects under this section. 16
(j) REPEAL.— 17
(1) IN GENERAL.—Section 6020 of the FAST 18
Act (23 U.S.C. 503 note; Public Law 114–94) is re-19
pealed. 20
(2) CLERICAL AMENDMENT.—The table of con-21
tents in section 1(b) of the FAST Act (Public Law 22
114–94; 129 Stat. 1312) is amended by striking the 23
item relating to section 6020. 24
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SEC. 3002. PERFORMANCE MANAGEMENT DATA SUPPORT 1
PROGRAM. 2
Section 6028(c) of the FAST Act (23 U.S.C. 150 3
note; Public Law 114–94) is amended by striking ‘‘fiscal 4
years 2016 through 2020’’ and inserting ‘‘fiscal years 5
2021 through 2025’’. 6
SEC. 3003. DATA INTEGRATION PILOT PROGRAM. 7
(a) ESTABLISHMENT.—The Secretary shall establish 8
a pilot program— 9
(1) to provide research and develop models that 10
integrate, in near-real-time, data from multiple 11
sources, including geolocated— 12
(A) weather conditions; 13
(B) roadway conditions; 14
(C) incidents, work zones, and other non-15
recurring events related to emergency planning; 16
and 17
(D) information from emergency respond-18
ers; and 19
(2) to facilitate data integration between the 20
Department, the National Weather Service, and 21
other sources of data that provide real-time data 22
with respect to roadway conditions during or as a re-23
sult of severe weather events, including, at a min-24
imum— 25
(A) winter weather; 26
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(B) heavy rainfall; and 1
(C) tropical weather events. 2
(b) REQUIREMENTS.—In carrying out subsection 3
(a)(1), the Secretary shall— 4
(1) address the safety, resiliency, and vulner-5
ability of the transportation system to disasters; and 6
(2) develop tools for decisionmakers and other 7
end-users who could use or benefit from the inte-8
grated data described in that subsection to improve 9
public safety and mobility. 10
(c) TREATMENT.—Except as otherwise provided in 11
this section, the Secretary shall carry out activities under 12
the pilot program under this section as if— 13
(1) those activities were authorized under chap-14
ter 5 of title 23, United States Code; and 15
(2) the funds made available to carry out the 16
pilot program were made available under that chap-17
ter. 18
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 19
authorized to be appropriated to carry out this section 20
$2,500,000 for each of fiscal years 2021 through 2025, 21
to remain available until expended. 22
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SEC. 3004. EMERGING TECHNOLOGY RESEARCH PILOT 1
PROGRAM. 2
(a) ESTABLISHMENT.—The Secretary shall establish 3
a pilot program to conduct emerging technology research 4
in accordance with this section. 5
(b) ACTIVITIES.—The pilot program under this sec-6
tion shall include— 7
(1) research and development activities relating 8
to leveraging advanced and additive manufacturing 9
technologies to increase the structural integrity and 10
cost-effectiveness of surface transportation infra-11
structure; and 12
(2) research and development activities (includ-13
ing laboratory and test track supported accelerated 14
pavement testing research regarding the impacts of 15
connected, autonomous, and platooned vehicles on 16
pavement and infrastructure performance)— 17
(A) to reduce the impact of automated and 18
connected driving systems and advanced driver- 19
assistance systems on pavement and infrastruc-20
ture performance; and 21
(B) to improve transportation infrastruc-22
ture design in anticipation of increased usage of 23
automated driving systems and advanced driv-24
er-assistance systems. 25
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(c) TREATMENT.—Except as otherwise provided in 1
this section, the Secretary shall carry out activities under 2
the pilot program under this section as if— 3
(1) those activities were authorized under chap-4
ter 5 of title 23, United States Code; and 5
(2) the funds made available to carry out the 6
pilot program were made available under that chap-7
ter. 8
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 9
authorized to be appropriated to carry out this section 10
$5,000,000 for each of fiscal years 2021 through 2025, 11
to remain available until expended. 12
SEC. 3005. RESEARCH AND TECHNOLOGY DEVELOPMENT 13
AND DEPLOYMENT. 14
(a) IN GENERAL.—Section 503 of title 23, United 15
States Code, is amended— 16
(1) in subsection (a)(2), by striking ‘‘section 17
508’’ and inserting ‘‘section 6503 of title 49’’; 18
(2) in subsection (b)— 19
(A) in paragraph (1)— 20
(i) in subparagraph (C), by striking 21
‘‘and’’ at the end; 22
(ii) in subparagraph (D), by striking 23
the period at the end and inserting a semi-24
colon; and 25
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(iii) by adding at the end the fol-1
lowing: 2
‘‘(E) engage with public and private enti-3
ties to spur advancement of emerging trans-4
formative innovations through accelerated mar-5
ket readiness; and 6
‘‘(F) consult frequently with public and 7
private entities on new transportation tech-8
nologies.’’; 9
(B) in paragraph (2)(C)— 10
(i) by redesignating clauses (x) 11
through (xv) as clauses (xi) through (xvi), 12
respectively; and 13
(ii) by inserting after clause (ix) the 14
following: 15
‘‘(x) safety measures to reduce the 16
number of wildlife-vehicle collisions;’’; 17
(C) in paragraph (3)— 18
(i) in subparagraph (B)(viii), by in-19
serting ‘‘, extreme weather events,’’ after 20
‘‘seismic activities’’; and 21
(ii) in subparagraph (C)— 22
(I) in clause (xv), by inserting 23
‘‘extreme weather events and’’ after 24
‘‘withstand’’; 25
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(II) in clause (xviii), by striking 1
‘‘and’’ at the end; 2
(III) in clause (xix), by striking 3
the period at the end and inserting ‘‘; 4
and’’; and 5
(IV) by adding at the end the fol-6
lowing: 7
‘‘(xx) studies on the deployment and 8
revenue potential of the deployment of en-9
ergy and broadband infrastructure in high-10
way rights-of-way, including potential ad-11
verse impacts of the use or nonuse of those 12
rights-of-way.’’; 13
(D) in paragraph (6)— 14
(i) in subparagraph (A), by striking 15
‘‘and’’ at the end; 16
(ii) in subparagraph (B), by striking 17
the period at the end and inserting ‘‘; 18
and’’; and 19
(iii) by adding at the end the fol-20
lowing: 21
‘‘(C) to support research on non-market- 22
ready technologies in consultation with public 23
and private entities.’’; 24
(E) in paragraph (7)(B)— 25
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(i) in the matter preceding clause (i), 1
by inserting ‘‘innovations by leading’’ after 2
‘‘support’’; 3
(ii) in clause (iii), by striking ‘‘and’’ 4
at the end; 5
(iii) in clause (iv), by striking the pe-6
riod at the end and inserting ‘‘; and’’; and 7
(iv) by adding at the end the fol-8
lowing: 9
‘‘(v) the dissemination and evaluation 10
of information from accelerated market 11
readiness efforts, including non-market- 12
ready technologies, to public and private 13
entities in consultation with other offices of 14
the Federal Highway Administration and 15
key partners.’’; 16
(F) in paragraph (8)(A), by striking ‘‘fu-17
ture highway’’ and all that follows through 18
‘‘needs.’’ and inserting the following: ‘‘current 19
conditions and future needs of highways, 20
bridges, and tunnels of the United States, in-21
cluding— 22
‘‘(i) the conditions and performance of 23
the highway network for freight movement; 24
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‘‘(ii) intelligent transportation sys-1
tems; 2
‘‘(iii) resilience needs; and 3
‘‘(iv) the backlog of current highway, 4
bridge, and tunnel needs.’’; and 5
(G) by adding at the end the following: 6
‘‘(9) ANALYSIS TOOLS.—The Secretary may de-7
velop interactive modeling tools and databases 8
that— 9
‘‘(A) track the full condition of highway 10
assets, including interchanges, and the recon-11
struction history of those assets; 12
‘‘(B) can be used to assess transportation 13
options; 14
‘‘(C) allow for the monitoring and mod-15
eling of network-level traffic flows on highways; 16
and 17
‘‘(D) further Federal and State under-18
standing of the importance of national and re-19
gional connectivity and the need for long-dis-20
tance and interregional passenger and freight 21
travel by highway and other surface transpor-22
tation modes.’’; and 23
(3) in subsection (c)— 24
(A) in paragraph (1)— 25
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(i) in the matter preceding subpara-1
graph (A), by inserting ‘‘use of rights-of- 2
way permissible under applicable law,’’ 3
after ‘‘structures,’’; 4
(ii) in subparagraph (D), by striking 5
‘‘and’’ at the end; 6
(iii) in subparagraph (E), by striking 7
the period at the end and inserting ‘‘; 8
and’’; and 9
(iv) by adding at the end the fol-10
lowing: 11
‘‘(F) disseminating and evaluating infor-12
mation from accelerated market readiness ef-13
forts, including non-market-ready technologies, 14
to public and private entities.’’; 15
(B) in paragraph (2)— 16
(i) in subparagraph (B)(iii), by insert-17
ing ‘‘and early stage’’ before ‘‘innovative’’; 18
and 19
(ii) by adding at the end the fol-20
lowing: 21
‘‘(D) REPORT.—Not later than 2 years 22
after the date of enactment of this subpara-23
graph and every 2 years thereafter, the Sec-24
retary shall submit to the Committee on Envi-25
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ronment and Public Works of the Senate and 1
the Committee on Transportation and Infra-2
structure of the House of Representatives and 3
make publicly available on an internet website 4
a report that describes— 5
‘‘(i) the activities the Secretary has 6
undertaken to carry out the program es-7
tablished under paragraph (1); and 8
‘‘(ii) how and to what extent the Sec-9
retary has worked to disseminate non-mar-10
ket-ready technologies to public and pri-11
vate entities.’’; 12
(C) in paragraph (3)— 13
(i) in subparagraph (C), by striking 14
‘‘fiscal years 2016 through 2020’’ and in-15
serting ‘‘fiscal years 2021 through 2025’’; 16
and 17
(ii) in subparagraph (D)— 18
(I) in clause (i), by striking ‘‘an-19
nually’’ and inserting ‘‘once every 3 20
years’’; and 21
(II) in clause (ii)— 22
(aa) in subclause (III), by 23
striking ‘‘and’’ at the end; 24
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(bb) in subclause (IV), by 1
striking the period at the end 2
and inserting a semicolon; and 3
(cc) by adding at the end 4
the following: 5
‘‘(V) pavement monitoring and 6
data collection; 7
‘‘(VI) pavement durability and 8
resilience; 9
‘‘(VII) stormwater management; 10
‘‘(VIII) vehicle efficiency; 11
‘‘(IX) the energy efficiency of the 12
production of paving materials and 13
the ability of paving materials to en-14
hance the environment and promote 15
sustainability; and 16
‘‘(X) integration of renewable en-17
ergy in pavement designs.’’; and 18
(D) by adding at the end the following: 19
‘‘(5) ACCELERATED IMPLEMENTATION AND DE-20
PLOYMENT OF ADVANCED DIGITAL CONSTRUCTION 21
MANAGEMENT SYSTEMS.— 22
‘‘(A) IN GENERAL.—The Secretary shall 23
establish and implement a program under the 24
technology and innovation deployment program 25
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established under paragraph (1) to promote, 1
implement, deploy, demonstrate, showcase, sup-2
port, and document the application of advanced 3
digital construction management systems, prac-4
tices, performance, and benefits. 5
‘‘(B) GOALS.—The goals of the accelerated 6
implementation and deployment of advanced 7
digital construction management systems pro-8
gram established under subparagraph (A) shall 9
include— 10
‘‘(i) accelerated State adoption of ad-11
vanced digital construction management 12
systems applied throughout the construc-13
tion lifecycle (including through the design 14
and engineering, construction, and oper-15
ations phases) that— 16
‘‘(I) maximize interoperability 17
with other systems, products, tools, or 18
applications; 19
‘‘(II) boost productivity; 20
‘‘(III) manage complexity; 21
‘‘(IV) reduce project delays and 22
cost overruns; and 23
‘‘(V) enhance safety and quality; 24
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‘‘(ii) more timely and productive infor-1
mation-sharing among stakeholders 2
through reduced reliance on paper to man-3
age construction processes and deliverables 4
such as blueprints, design drawings, pro-5
curement and supply-chain orders, equip-6
ment logs, daily progress reports, and 7
punch lists; 8
‘‘(iii) deployment of digital manage-9
ment systems that enable and leverage the 10
use of digital technologies on construction 11
sites by contractors, such as state-of-the- 12
art automated and connected machinery 13
and optimized routing software that allows 14
construction workers to perform tasks fast-15
er, safer, more accurately, and with mini-16
mal supervision; 17
‘‘(iv) the development and deployment 18
of best practices for use in digital con-19
struction management; 20
‘‘(v) increased technology adoption 21
and deployment by States and units of 22
local government that enables project spon-23
sors— 24
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‘‘(I) to integrate the adoption of 1
digital management systems and tech-2
nologies in contracts; and 3
‘‘(II) to weigh the cost of 4
digitization and technology in setting 5
project budgets; 6
‘‘(vi) technology training and work-7
force development to build the capabilities 8
of project managers and sponsors that en-9
ables States and units of local govern-10
ment— 11
‘‘(I) to better manage projects 12
using advanced construction manage-13
ment technologies; and 14
‘‘(II) to properly measure and re-15
ward technology adoption across 16
projects of the State or unit of local 17
government; 18
‘‘(vii) development of guidance to as-19
sist States in updating regulations of the 20
State to allow project sponsors and con-21
tractors— 22
‘‘(I) to report data relating to the 23
project in digital formats; and 24
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‘‘(II) to fully capture the effi-1
ciencies and benefits of advanced dig-2
ital construction management systems 3
and related technologies; 4
‘‘(viii) reduction in the environmental 5
footprint of construction projects using ad-6
vanced digital construction management 7
systems resulting from elimination of con-8
gestion through more efficient projects; 9
and 10
‘‘(ix) enhanced worker and pedestrian 11
safety resulting from increased trans-12
parency. 13
‘‘(C) FUNDING.—For each of fiscal years 14
2021 through 2025, the Secretary shall obligate 15
from funds made available to carry out this 16
subsection $20,000,000 to accelerate the de-17
ployment and implementation of advanced dig-18
ital construction management systems. 19
‘‘(D) PUBLICATION.— 20
‘‘(i) IN GENERAL.—Not less fre-21
quently than annually, the Secretary shall 22
issue and make available to the public on 23
a website a report on— 24
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‘‘(I) progress made in the imple-1
mentation of advanced digital man-2
agement systems by States; and 3
‘‘(II) the costs and benefits of 4
the deployment of new technology and 5
innovations that substantially and di-6
rectly resulted from the program es-7
tablished under this paragraph. 8
‘‘(ii) INCLUSIONS.—The report under 9
clause (i) may include an analysis of— 10
‘‘(I) Federal, State, and local 11
cost savings; 12
‘‘(II) project delivery time im-13
provements; 14
‘‘(III) congestion impacts; and 15
‘‘(IV) safety improvements for 16
roadway users and construction work-17
ers.’’. 18
(b) ADVANCED TRANSPORTATION TECHNOLOGIES 19
AND INNOVATIVE MOBILITY DEPLOYMENT.—Section 20
503(c)(4) of title 23, United States Code, is amended— 21
(1) in the heading, by inserting ‘‘AND INNOVA-22
TIVE MOBILITY’’ before ‘‘DEPLOYMENT’’; 23
(2) by striking subparagraph (A) and inserting 24
the following: 25
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‘‘(A) IN GENERAL.—The Secretary shall 1
provide grants to eligible entities to deploy, in-2
stall, and operate advanced transportation tech-3
nologies to improve safety, mobility, efficiency, 4
system performance, intermodal connectivity, 5
and infrastructure return on investment.’’; 6
(3) in subparagraph (B)— 7
(A) in clause (i), by striking ‘‘the enhanced 8
use’’ and inserting ‘‘optimization’’; 9
(B) in clause (v)— 10
(i) by striking ‘‘transit,’’ and inserting 11
‘‘work zone, weather, transit, para-12
transit,’’; and 13
(ii) by striking ‘‘and accessible trans-14
portation’’ and inserting ‘‘, accessible, and 15
integrated transportation and transpor-16
tation services’’; 17
(C) by redesignating clauses (vi) through 18
(viii) as clauses (vii), (viii), and (x), respec-19
tively; 20
(D) by inserting after clause (v) the fol-21
lowing: 22
‘‘(vi) facilitate account-based pay-23
ments for transportation access and serv-24
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ices and integrate payment systems across 1
modes;’’; 2
(E) in clause (viii) (as so redesignated), by 3
striking ‘‘or’’ at the end; and 4
(F) by inserting after clause (viii) (as so 5
redesignated) the following: 6
‘‘(ix) incentivize travelers— 7
‘‘(I) to share trips during periods 8
in which travel demand exceeds sys-9
tem capacity; or 10
‘‘(II) to shift trips to periods in 11
which travel demand does not exceed 12
system capacity; or’’; 13
(4) in subparagraph (C)— 14
(A) in clause (i), by striking ‘‘Not later’’ 15
and all that follows through ‘‘thereafter’’ and 16
inserting ‘‘Each fiscal year for which funding is 17
made available for activities under this para-18
graph’’; and 19
(B) in clause (ii)— 20
(i) in subclause (I), by inserting ‘‘mo-21
bility,’’ after ‘‘safety,’’; and 22
(ii) in subclause (II)— 23
(I) in item (bb), by striking 24
‘‘and’’ at the end; 25
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(II) in item (cc), by striking the 1
period at the end and inserting ‘‘; 2
and’’; and 3
(III) by adding at the end the 4
following: 5
‘‘(dd) facilitating payment 6
for transportation services.’’; 7
(5) in subparagraph (D)— 8
(A) in clause (i), by striking ‘‘Not later’’ 9
and all that follows through ‘‘thereafter’’ and 10
inserting ‘‘Each fiscal year for which funding is 11
made available for activities under this para-12
graph’’; and 13
(B) in clause (ii)— 14
(i) by striking ‘‘In awarding’’ and in-15
serting the following: 16
‘‘(I) IN GENERAL.—Subject to 17
subclause (II), in awarding’’; and 18
(ii) by adding at the end the fol-19
lowing: 20
‘‘(II) RURAL SET-ASIDE.—Not 21
less than 20 percent of the amounts 22
made available to carry out this para-23
graph shall be reserved for projects 24
serving rural areas.’’; 25
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(6) in subparagraph (E)— 1
(A) by redesignating clauses (iii) through 2
(ix) as clauses (iv), (v), (vi), (vii), (viii), (xi), 3
and (xiv), respectively; 4
(B) by inserting after clause (ii) the fol-5
lowing: 6
‘‘(iii) advanced transportation tech-7
nologies to improve emergency evacuation 8
and response by Federal, State, and local 9
authorities;’’; 10
(C) by inserting after clause (viii) (as so 11
redesignated) the following: 12
‘‘(ix) integrated corridor management 13
systems; 14
‘‘(x) advanced parking reservation or 15
variable pricing systems;’’; 16
(D) in clause (xi) (as so redesignated)— 17
(i) by inserting ‘‘, toll collection,’’ 18
after ‘‘pricing’’; and 19
(ii) by striking ‘‘or’’ at the end; 20
(E) by inserting after clause (xi) (as so re-21
designated) the following: 22
‘‘(xii) technology that enhances high 23
occupancy vehicle toll lanes, cordon pric-24
ing, or congestion pricing; 25
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‘‘(xiii) integration of transportation 1
service payment systems; or’’; and 2
(F) in clause (xiv) (as so redesignated)— 3
(i) by striking ‘‘and access’’ and in-4
serting ‘‘, access, and on-demand transpor-5
tation service’’; and 6
(ii) by inserting ‘‘and other shared-use 7
mobility applications’’ after ‘‘ridesharing’’; 8
(7) in subparagraph (F)(ii)(IV), by striking ‘‘ef-9
ficiency and multimodal system performance’’ and 10
inserting ‘‘mobility, efficiency, multimodal system 11
performance, and payment system performance’’; 12
(8) in subparagraph (G)— 13
(A) by redesignating clauses (vi) through 14
(viii) as clauses (vii) through (ix), respectively; 15
and 16
(B) by inserting after clause (v) the fol-17
lowing: 18
‘‘(vi) improved integration of payment 19
systems;’’; 20
(9) in subparagraph (I)(i), by striking ‘‘fiscal 21
years 2016 through 2020’’ and inserting ‘‘fiscal 22
years 2021 through 2025’’; and 23
(10) in subparagraph (N)— 24
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(A) in clause (i), by striking ‘‘representing 1
a population of over 200,000’’; and 2
(B) in clause (iii), in the matter preceding 3
subclause (I), by striking ‘‘a any’’ and inserting 4
‘‘any’’. 5
(c) CENTER OF EXCELLENCE ON NEW MOBILITY 6
AND AUTOMATED VEHICLES.—Section 503(c) of title 23, 7
United States Code (as amended by subsection (a)(3)(D)), 8
is amended by adding at the end the following: 9
‘‘(6) CENTER OF EXCELLENCE.— 10
‘‘(A) DEFINITIONS.—In this paragraph: 11
‘‘(i) AUTOMATED VEHICLE.—The 12
term ‘automated vehicle’ means a motor 13
vehicle that— 14
‘‘(I) has a taxable gross weight 15
(as defined in section 41.4482(b)–1 of 16
title 26, Code of Federal Regulations 17
(or successor regulations)) of 10,000 18
pounds or less; and 19
‘‘(II) is capable of performing the 20
entire task of driving (including steer-21
ing, accelerating and decelerating, and 22
reacting to external stimulus) without 23
human intervention. 24
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‘‘(ii) NEW MOBILITY.—The term ‘new 1
mobility’ includes shared services such 2
as— 3
‘‘(I) docked and dockless bicycles; 4
‘‘(II) docked and dockless electric 5
scooters; and 6
‘‘(III) transportation network 7
companies. 8
‘‘(B) ESTABLISHMENT.—Not later than 1 9
year after the date of enactment of the Amer-10
ica’s Transportation Infrastructure Act of 11
2019, the Secretary shall establish a Center of 12
Excellence to collect, conduct, and fund re-13
search on the impacts of new mobility and auto-14
mated vehicles on land use, urban design, 15
transportation, real estate, equity, and munic-16
ipal budgets. 17
‘‘(C) PARTNERSHIPS.—In establishing the 18
Center of Excellence under subparagraph (B), 19
the Secretary shall enter into appropriate part-20
nerships with any institution of higher edu-21
cation (as defined in section 101 of the Higher 22
Education Act of 1965 (20 U.S.C. 1001)) or 23
public or private research entity.’’. 24
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(d) ACCELERATED IMPLEMENTATION AND DEPLOY-1
MENT OF ADVANCED DIGITAL CONSTRUCTION MANAGE-2
MENT SYSTEMS.—Not later than 1 year after the date of 3
enactment of this Act, the Secretary shall submit to the 4
Committee on Environment and Public Works of the Sen-5
ate and the Committee on Transportation and Infrastruc-6
ture of the House of Representatives a report that in-7
cludes— 8
(1) a description of— 9
(A) the current status of the use of ad-10
vanced digital construction management sys-11
tems in each State; and 12
(B) the progress of each State toward ac-13
celerating the adoption of advanced digital con-14
struction management systems; and 15
(2) an analysis of the savings in project delivery 16
time and project costs that can be achieved through 17
the use of advanced digital construction manage-18
ment systems. 19
(e) OPEN CHALLENGE AND RESEARCH INITIATIVE 20
PILOT PROGRAM.— 21
(1) IN GENERAL.—The Secretary shall establish 22
an open challenge and research proposal pilot pro-23
gram under which eligible entities may propose open 24
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highway challenges and research proposals that are 1
linked to identified or potential research needs. 2
(2) REQUIREMENTS.—A research proposal sub-3
mitted to the Secretary by an eligible entity shall ad-4
dress— 5
(A) a research need identified by the Sec-6
retary or the Administrator of the Federal 7
Highway Administration; or 8
(B) an issue or challenge that the Sec-9
retary determines to be important. 10
(3) ELIGIBLE ENTITIES.—An entity eligible to 11
submit a research proposal under the pilot program 12
under paragraph (1) is— 13
(A) a State; 14
(B) a unit of local government; 15
(C) a university transportation center 16
under section 5505 of title 49, United States 17
Code; 18
(D) a private nonprofit organization; 19
(E) a private sector organization working 20
in collaboration with an entity described in sub-21
paragraphs (A) through (D); and 22
(F) any other individual or entity that the 23
Secretary determines to be appropriate. 24
(4) PROJECT REVIEW.—The Secretary shall— 25
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(A) review each research proposal sub-1
mitted under the pilot program under para-2
graph (1); and 3
(B) provide to the eligible entity a written 4
notice that— 5
(i) if the research proposal is not se-6
lected— 7
(I) notifies the eligible entity that 8
the research proposal has not been se-9
lected for funding; 10
(II) provides an explanation as to 11
why the research proposal was not se-12
lected, including if the research pro-13
posal does not cover an area of need; 14
and 15
(III) if applicable, recommend 16
that the research proposal be sub-17
mitted to another research program 18
and provide guidance and direction to 19
the eligible entity and the proposed 20
research program office; and 21
(ii) if the research proposal is se-22
lected, notifies the eligible entity that the 23
research proposal has been selected for 24
funding. 25
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(5) FEDERAL SHARE.— 1
(A) IN GENERAL.—The Federal share of 2
the cost of an activity carried out under this 3
subsection shall not exceed 80 percent. 4
(B) NON-FEDERAL SHARE.—All costs di-5
rectly incurred by the non-Federal partners, in-6
cluding personnel, travel, facility, and hardware 7
development costs, shall be credited toward the 8
non-Federal share of the cost of an activity car-9
ried out under this subsection. 10
(f) CONFORMING AMENDMENT.—Section 167 of title 11
23, United States Code, is amended— 12
(1) by striking subsection (h); and 13
(2) by redesignating subsections (i) through (l) 14
as subsections (h) through (k), respectively. 15
SEC. 3006. WORKFORCE DEVELOPMENT, TRAINING, AND 16
EDUCATION. 17
(a) SURFACE TRANSPORTATION WORKFORCE DE-18
VELOPMENT, TRAINING, AND EDUCATION.—Section 19
504(e) of title 23, United States Code, is amended— 20
(1) in paragraph (1)— 21
(A) by redesignating subparagraphs (D) 22
through (G) as subparagraphs (E), (F), (H), 23
and (I), respectively; 24
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(B) by inserting after subparagraph (C) 1
the following: 2
‘‘(D) pre-apprenticeships, apprenticeships, 3
and career opportunities for on-the-job train-4
ing;’’; 5
(C) in subparagraph (E) (as so redesig-6
nated), by striking ‘‘or community college’’ and 7
inserting ‘‘, college, community college, or voca-8
tional school’’; and 9
(D) by inserting after subparagraph (F) 10
(as so redesignated) the following: 11
‘‘(G) activities associated with workforce 12
training and employment services, such as tar-13
geted outreach and partnerships with industry, 14
economic development organizations, workforce 15
development boards, and labor organizations;’’; 16
(2) in paragraph (2), by striking ‘‘paragraph 17
(1)(G)’’ and inserting ‘‘paragraph (1)(I)’’; and 18
(3) in paragraph (3)— 19
(A) by striking the period at the end and 20
inserting a semicolon; 21
(B) by striking ‘‘including activities’’ and 22
inserting the following: ‘‘including— 23
‘‘(A) activities’’; and 24
(C) by adding at the end the following: 25
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‘‘(B) activities that address current work-1
force gaps, such as work on construction 2
projects, of State and local transportation agen-3
cies; 4
‘‘(C) activities to develop a robust surface 5
transportation workforce with new skills result-6
ing from emerging transportation technologies; 7
and 8
‘‘(D) activities to attract new sources of 9
job-creating investment.’’. 10
(b) TRANSPORTATION EDUCATION AND TRAINING 11
DEVELOPMENT AND DEPLOYMENT PROGRAM.—Section 12
504(f) of title 23, United States Code, is amended— 13
(1) in the subsection heading, by striking ‘‘DE-14
VELOPMENT’’ and inserting ‘‘AND TRAINING DEVEL-15
OPMENT AND DEPLOYMENT’’; 16
(2) by striking paragraph (1) and inserting the 17
following: 18
‘‘(1) ESTABLISHMENT.—The Secretary shall es-19
tablish a program to make grants to educational in-20
stitutions or State departments of transportation, in 21
partnership with industry and relevant Federal de-22
partments and agencies— 23
‘‘(A) to develop, test, and review new cur-24
ricula and education programs to train individ-25
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uals at all levels of the transportation work-1
force; or 2
‘‘(B) to implement the new curricula and 3
education programs to provide for hands-on ca-4
reer opportunities to meet current and future 5
needs.’’; 6
(3) in paragraph (2)— 7
(A) in the matter preceding subparagraph 8
(A), by striking ‘‘shall’’ and inserting ‘‘may’’; 9
(B) in subparagraph (A), by inserting 10
‘‘current or future’’ after ‘‘specific’’; and 11
(C) in subparagraph (E)— 12
(i) by striking ‘‘in nontraditional de-13
partments’’; 14
(ii) by inserting ‘‘construction,’’ after 15
‘‘such as’’; and 16
(iii) by inserting ‘‘or emerging’’ after 17
‘‘industrial’’; 18
(4) by redesignating paragraph (3) as para-19
graph (4); and 20
(5) by inserting after paragraph (2) the fol-21
lowing: 22
‘‘(3) REPORTING.—The Secretary shall estab-23
lish minimum reporting requirements for grant re-24
cipients under this subsection, which may include, 25
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with respect to a program carried out with a grant 1
under this subsection— 2
‘‘(A) the percentage or number of program 3
participants that are employed during the sec-4
ond quarter after exiting the program; 5
‘‘(B) the percentage or number of program 6
participants that are employed during the 7
fourth quarter after exiting the program; 8
‘‘(C) the median earnings of program par-9
ticipants that are employed during the second 10
quarter after exiting the program; 11
‘‘(D) the percentage or number of program 12
participants that obtain a recognized postsec-13
ondary credential or a secondary school diploma 14
(or a recognized equivalent) during participa-15
tion in the program or by not later than 1 year 16
after exiting the program; and 17
‘‘(E) the percentage or number of program 18
participants that, during a program year— 19
‘‘(i) are in an education or training 20
program that leads to a recognized post-21
secondary credential or employment; and 22
‘‘(ii) are achieving measurable skill 23
gains toward such a credential or employ-24
ment.’’. 25
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(c) USE OF FUNDS.—Section 504 of title 23, United 1
States Code, is amended by adding at the end the fol-2
lowing: 3
‘‘(i) USE OF FUNDS.—The Secretary may use funds 4
made available to carry out this section to carry out activi-5
ties related to workforce development and technical assist-6
ance and training if— 7
‘‘(1) the activities are authorized by another 8
provision of this title; and 9
‘‘(2) the activities are for entities other than 10
employees of the Secretary, such as States, units of 11
local government, Federal land management agen-12
cies, and Tribal governments.’’. 13
SEC. 3007. WILDLIFE-VEHICLE COLLISION RESEARCH. 14
(a) GENERAL AUTHORITIES AND REQUIREMENTS 15
REGARDING WILDLIFE AND HABITAT.—Section 16
515(h)(2) of title 23, United States Code, is amended— 17
(1) in subparagraph (K), by striking ‘‘and’’ at 18
the end; 19
(2) by redesignating subparagraphs (D), (E), 20
(F), (G), (H), (I), (J), (K), and (L) as subpara-21
graphs (E), (F), (G), (H), (I), (K), (L), (M), and 22
(O), respectively; 23
(3) by inserting after subparagraph (C) the fol-24
lowing: 25
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‘‘(D) a representative from a State, local, 1
or regional wildlife, land use, or resource man-2
agement agency;’’; 3
(4) by inserting after subparagraph (I) (as so 4
redesignated) the following: 5
‘‘(J) an academic researcher who is a bio-6
logical or ecological scientist with expertise in 7
transportation issues;’’; and 8
(5) by inserting after subparagraph (M) (as so 9
redesignated) the following: 10
‘‘(N) a representative from a public inter-11
est group concerned with the impact of the 12
transportation system on terrestrial and aquatic 13
species and the habitat of those species; and’’. 14
(b) ANIMAL DETECTION SYSTEMS RESEARCH AND 15
DEVELOPMENT.—Section 516(b)(6) of title 23, United 16
States Code, is amended by inserting ‘‘, including animal 17
detection systems to reduce the number of wildlife-vehicle 18
collisions’’ after ‘‘systems’’. 19
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 20
(a) SHORT TITLE.—This Act may be cited as the 21
‘‘America’s Transportation Infrastructure Act of 2019’’. 22
(b) TABLE OF CONTENTS.—The table of contents for 23
this Act is as follows: 24
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Effective date.
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TITLE I—FEDERAL-AID HIGHWAYS
Subtitle A—Authorizations and Programs
Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation ceiling.
Sec. 1103. Definitions.
Sec. 1104. Apportionment.
Sec. 1105. National highway performance program.
Sec. 1106. Emergency relief.
Sec. 1107. Federal share payable.
Sec. 1108. Railway-highway grade crossings.
Sec. 1109. Surface transportation block grant program.
Sec. 1110. Nationally significant freight and highway projects.
Sec. 1111. Highway safety improvement program.
Sec. 1112. Federal lands transportation program.
Sec. 1113. Federal lands access program.
Sec. 1114. National highway freight program.
Sec. 1115. Congestion mitigation and air quality improvement program.
Sec. 1116. National scenic byways program.
Sec. 1117. Alaska Highway.
Sec. 1118. Toll roads, bridges, tunnels, and ferries.
Sec. 1119. Bridge investment program.
Sec. 1120. Safe routes to school program.
Sec. 1121. Highway use tax evasion projects.
Sec. 1122. Construction of ferry boats and ferry terminal facilities.
Sec. 1123. Balance exchanges for infrastructure program.
Sec. 1124. Safety incentive programs.
Sec. 1125. Wildlife crossing safety.
Sec. 1126. Consolidation of programs.
Sec. 1127. State freight advisory committees.
Sec. 1128. Territorial and Puerto Rico highway program.
Sec. 1129. Nationally significant Federal lands and Tribal projects program.
Sec. 1130. Tribal high priority projects program.
Subtitle B—Planning and Performance Management
Sec. 1201. Transportation planning.
Sec. 1202. Fiscal constraint on long-range transportation plans.
Sec. 1203. State human capital plans.
Sec. 1204. Accessibility data pilot program.
Sec. 1205. Prioritization process pilot program.
Sec. 1206. Exemptions for low population density states.
Sec. 1207. Travel demand data and modeling.
Sec. 1208. Increasing safe and accessible transportation options.
Subtitle C—Project Delivery and Process Improvement
Sec. 1301. Efficient environmental reviews for project decisionmaking and One
Federal Decision.
Sec. 1302. Work zone process reviews.
Sec. 1303. Transportation management plans.
Sec. 1304. Intelligent transportation systems.
Sec. 1305. Alternative contracting methods.
Sec. 1306. Flexibility for projects.
Sec. 1307. Improved Federal-State stewardship and oversight agreements.
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Sec. 1308. Geomatic data.
Sec. 1309. Evaluation of projects within an operational right-of-way.
Sec. 1310. Department of Transportation reports.
Sec. 1311. Preliminary engineering.
Subtitle D—Climate Change
Sec. 1401. Grants for charging and fueling infrastructure to modernize and re-
connect America for the 21st century.
Sec. 1402. Reduction of truck emissions at port facilities.
Sec. 1403. Carbon reduction incentive programs.
Sec. 1404. Congestion relief program.
Sec. 1405. Freight plans.
Sec. 1406. Utilizing significant emissions with innovative technologies.
Sec. 1407. Promoting Resilient Operations for Transformative, Efficient, and
Cost-saving Transportation (PROTECT) grant program.
Sec. 1408. Diesel emissions reduction.
Subtitle E—Miscellaneous
Sec. 1501. Additional deposits into Highway Trust Fund.
Sec. 1502. Stopping threats on pedestrians.
Sec. 1503. Transfer and sale of toll credits.
Sec. 1504. Forest Service Legacy Roads and Trails Remediation Program.
Sec. 1505. Disaster relief mobilization pilot program.
Sec. 1506. Appalachian regional development.
Sec. 1507. Requirements for transportation projects carried out through public-
private partnerships.
Sec. 1508. Community connectivity pilot program.
Sec. 1509. Repeal of rescission.
Sec. 1510. Federal interagency working group for conversion of federal fleet to hy-
brid-electric vehicles, electric vehicles, and alternative fueled ve-
hicles.
Sec. 1511. Cybersecurity tool; cyber coordinator.
Sec. 1512. Study on most effective upgrades to roadway infrastructure.
Sec. 1513. Study on vehicle-to-infrastructure communication technology.
Sec. 1514. Nonhighway recreational fuel study.
Sec. 1515. Buy America.
Sec. 1516. Report on data-driven infrastructure traffic safety improvements.
Sec. 1517. High priority corridors on the National Highway System.
Sec. 1518. Interstate weight limits.
Sec. 1519. Interstate exemption.
Sec. 1520. Report on air quality improvements.
Sec. 1521. Roadside highway safety hardware.
Sec. 1522. Permeable pavements study.
Sec. 1523. Emergency relief projects.
Sec. 1524. Certain gathering lines located on Federal land and Indian land.
Sec. 1525. Sense of Senate relating to offsets.
Sec. 1526. Study on stormwater best management practices.
Sec. 1527. Stormwater best management practices reports.
Sec. 1528. Invasive plant elimination program.
Sec. 1529. Over-the-road bus tolling equity.
Sec. 1530. Bridge terminology.
Sec. 1531. Technical corrections.
Sec. 1532. Study of impacts on roads from self-driving vehicles.
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TITLE II—TRANSPORTATION INFRASTRUCTURE FINANCE AND
INNOVATION
Sec. 2001. Transportation Infrastructure Finance and Innovation Act of 1998
amendments.
TITLE III—RESEARCH, TECHNOLOGY, AND EDUCATION
Sec. 3001. Surface transportation system funding alternatives.
Sec. 3002. Performance management data support program.
Sec. 3003. Data integration pilot program.
Sec. 3004. Emerging technology research pilot program.
Sec. 3005. Research and technology development and deployment.
Sec. 3006. Workforce development, training, and education.
Sec. 3007. Wildlife-vehicle collision research.
TITLE IV—INDIAN AFFAIRS
Sec. 4001. Definition of Secretary.
Sec. 4002. Environmental reviews for certain tribal transportation facilities.
Sec. 4003. Programmatic agreements for tribal categorical exclusions.
Sec. 4004. Use of certain tribal transportation funds.
Sec. 4005. Bureau of Indian Affairs road maintenance program.
Sec. 4006. Study of road maintenance on Indian land.
Sec. 4007. Maintenance of certain Indian reservation roads.
Sec. 4008. Tribal transportation safety needs.
Sec. 4009. Office of Tribal Government Affairs.
SEC. 2. DEFINITIONS. 1
In this Act: 2
(1) DEPARTMENT.—The term ‘‘Department’’ 3
means the Department of Transportation. 4
(2) SECRETARY.—The term ‘‘Secretary’’ means 5
the Secretary of Transportation. 6
SEC. 3. EFFECTIVE DATE. 7
This Act and the amendments made by this Act take 8
effect on October 1, 2020. 9
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TITLE I—FEDERAL-AID 1
HIGHWAYS 2
Subtitle A—Authorizations and 3
Programs 4
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS. 5
(a) IN GENERAL.—The following amounts are author-6
ized to be appropriated out of the Highway Trust Fund 7
(other than the Mass Transit Account): 8
(1) FEDERAL-AID HIGHWAY PROGRAM.—For the 9
national highway performance program under section 10
119 of title 23, United States Code, the surface trans-11
portation block grant program under section 133 of 12
that title, the highway safety improvement program 13
under section 148 of that title, the congestion mitiga-14
tion and air quality improvement program under sec-15
tion 149 of that title, the national highway freight 16
program under section 167 of that title, and to carry 17
out section 134 of that title— 18
(A) $47,855,749,000 for fiscal year 2021; 19
(B) $48,829,248,000 for fiscal year 2022; 20
(C) $49,849,443,000 for fiscal year 2023; 21
(D) $50,914,302,000 for fiscal year 2024; 22
and 23
(E) $51,979,162,000 for fiscal year 2025. 24
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(2) TRANSPORTATION INFRASTRUCTURE FINANCE 1
AND INNOVATION PROGRAM.—For credit assistance 2
under the transportation infrastructure finance and 3
innovation program under chapter 6 of title 23, 4
United States Code, $300,000,000 for each of fiscal 5
years 2021 through 2025. 6
(3) FEDERAL LANDS AND TRIBAL TRANSPOR-7
TATION PROGRAMS.— 8
(A) TRIBAL TRANSPORTATION PROGRAM.— 9
For the tribal transportation program under sec-10
tion 202 of title 23, United States Code— 11
(i) $565,000,000 for fiscal year 2021; 12
(ii) $580,000,000 for fiscal year 2022; 13
(iii) $595,000,000 for fiscal year 2023; 14
(iv) $610,000,000 for fiscal year 2024; 15
and 16
(v) $625,000,000 for fiscal year 2025. 17
(B) FEDERAL LANDS TRANSPORTATION PRO-18
GRAM.— 19
(i) IN GENERAL.—For the Federal 20
lands transportation program under section 21
203 of title 23, United States Code— 22
(I) $413,000,000 for fiscal year 23
2021; 24
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(II) $423,000,000 for fiscal year 1
2022; 2
(III) $433,000,000 for fiscal year 3
2023; 4
(IV) $443,000,000 for fiscal year 5
2024; and 6
(V) $453,000,000 for fiscal year 7
2025. 8
(ii) ALLOCATION.—Of the amount 9
made available for a fiscal year under 10
clause (i)— 11
(I) the amount for the National 12
Park Service is— 13
(aa) $330,000,000 for fiscal 14
year 2021; 15
(bb) $338,000,000 for fiscal 16
year 2022; 17
(cc) $346,000,000 for fiscal 18
year 2023; 19
(dd) $354,000,000 for fiscal 20
year 2024; and 21
(ee) $362,000,000 for fiscal 22
year 2025; 23
(II) the amount for the United 24
States Fish and Wildlife Service is 25
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$33,000,000 for each of fiscal years 1
2021 through 2025; and 2
(III) the amount for the Forest 3
Service is— 4
(aa) $22,000,000 for fiscal 5
year 2021; 6
(bb) $23,000,000 for fiscal 7
year 2022; 8
(cc) $24,000,000 for fiscal 9
year 2023; 10
(dd) $25,000,000 for fiscal 11
year 2024; and 12
(ee) $26,000,000 for fiscal 13
year 2025. 14
(C) FEDERAL LANDS ACCESS PROGRAM.— 15
For the Federal lands access program under sec-16
tion 204 of title 23, United States Code— 17
(i) $280,000,000 for fiscal year 2021; 18
(ii) $285,000,000 for fiscal year 2022; 19
(iii) $290,000,000 for fiscal year 2023; 20
(iv) $295,000,000 for fiscal year 2024; 21
and 22
(v) $300,000,000 for fiscal year 2025. 23
(4) TERRITORIAL AND PUERTO RICO HIGHWAY 24
PROGRAM.—For the territorial and Puerto Rico high-25
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way program under section 165 of title 23, United 1
States Code— 2
(A) $204,500,000 for fiscal year 2021; 3
(B) $208,000,000 for fiscal year 2022; 4
(C) $212,000,000 for fiscal year 2023; 5
(D) $216,000,000 for fiscal year 2024; and 6
(E) $221,500,000 for fiscal year 2025. 7
(5) NATIONALLY SIGNIFICANT FREIGHT AND 8
HIGHWAY PROJECTS.—For nationally significant 9
freight and highway projects under section 117 of title 10
23, United States Code— 11
(A) $1,050,000,000 for fiscal year 2021; 12
(B) $1,075,000,000 for fiscal year 2022; 13
(C) $1,100,000,000 for fiscal year 2023; 14
(D) $1,125,000,000 for fiscal year 2024; 15
and 16
(E) $1,150,000,000 for fiscal year 2025. 17
(b) OTHER PROGRAMS.— 18
(1) IN GENERAL.—The following amounts are 19
authorized to be appropriated out of the Highway 20
Trust Fund (other than the Mass Transit Account): 21
(A) BRIDGE INVESTMENT PROGRAM.—To 22
carry out the bridge investment program under 23
section 124 of title 23, United States Code— 24
(i) $600,000,000 for fiscal year 2021; 25
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(ii) $640,000,000 for fiscal year 2022; 1
(iii) $650,000,000 for fiscal year 2023; 2
(iv) $675,000,000 for fiscal year 2024; 3
and 4
(v) $700,000,000 for fiscal year 2025. 5
(B) CONGESTION RELIEF PROGRAM.—To 6
carry out the congestion relief program under 7
section 129(d) of title 23, United States Code, 8
$40,000,000 for each of fiscal years 2021 through 9
2025. 10
(C) CHARGING AND FUELING INFRASTRUC-11
TURE GRANTS.—To carry out section 151(f) of 12
title 23, United States Code— 13
(i) $100,000,000 for fiscal year 2021; 14
(ii) $100,000,000 for fiscal year 2022; 15
(iii) $200,000,000 for fiscal year 2023; 16
(iv) $300,000,000 for fiscal year 2024; 17
and 18
(v) $300,000,000 for fiscal year 2025. 19
(D) FORMULA SAFETY INCENTIVE PRO-20
GRAM.—To carry out the formula safety incen-21
tive program under section 172 of title 23, 22
United States Code, $500,000,000 for each of fis-23
cal years 2021 through 2025. 24
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(E) FATALITY REDUCTION PERFORMANCE 1
PROGRAM.—To carry out the fatality reduction 2
performance program under section 173 of title 3
23, United States Code, $100,000,000 for each of 4
fiscal years 2021 through 2025. 5
(F) FORMULA CARBON REDUCTION INCEN-6
TIVE PROGRAM.—To carry out the formula car-7
bon reduction incentive program under section 8
177 of title 23, United States Code, $600,000,000 9
for each of fiscal years 2021 through 2025. 10
(G) CARBON REDUCTION PERFORMANCE 11
PROGRAM.—To carry out the carbon reduction 12
performance program under section 178 of title 13
23, United States Code, $100,000,000 for each of 14
fiscal years 2021 through 2025. 15
(H) PROTECT GRANTS.—To carry out the 16
PROTECT grant program under section 179 of 17
title 23, United States Code, for each of fiscal 18
years 2021 through 2025— 19
(i) $786,000,000 for formula awards to 20
States under subsection (c) of that section; 21
and 22
(ii) $200,000,000 for competitive 23
grants under subsection (d) of that section, 24
of which— 25
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(I) $20,000,000 shall be for plan-1
ning grants under paragraph (3) of 2
that subsection; 3
(II) $140,000,000 shall be for re-4
silience improvement grants under 5
paragraph (4)(A) of that subsection; 6
(III) $20,000,000 shall be for com-7
munity resilience and evacuation route 8
grants under paragraph (4)(B) of that 9
subsection; and 10
(IV) $20,000,000 shall be for at- 11
risk coastal infrastructure grants 12
under paragraph (4)(C) of that sub-13
section. 14
(I) REDUCTION OF TRUCK EMISSIONS AT 15
PORT FACILITIES.— 16
(i) IN GENERAL.—To carry out the re-17
duction of truck emissions at port facilities 18
under section 1402— 19
(I) $60,000,000 for fiscal year 20
2021; 21
(II) $70,000,000 for fiscal year 22
2022; 23
(III) $70,000,000 for fiscal year 24
2023; 25
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(IV) $80,000,000 for fiscal year 1
2024; and 2
(V) $90,000,000 for fiscal year 3
2025. 4
(ii) TREATMENT.—Amounts made 5
available under clause (i) shall be available 6
for obligation in the same manner as if 7
those amounts were apportioned under 8
chapter 1 of title 23, United States Code. 9
(J) NATIONALLY SIGNIFICANT FEDERAL 10
LANDS AND TRIBAL PROJECTS.— 11
(i) IN GENERAL.—To carry out the na-12
tionally significant Federal lands and trib-13
al projects program under section 1123 of 14
the FAST Act (23 U.S.C. 201 note; Public 15
Law 114–94), $50,000,000 for each of fiscal 16
years 2021 through 2025. 17
(ii) TREATMENT.—Amounts made 18
available under clause (i) shall be available 19
for obligation in the same manner as if 20
those amounts were apportioned under 21
chapter 1 of title 23, United States Code. 22
(2) GENERAL FUND.— 23
(A) BRIDGE INVESTMENT PROGRAM.— 24
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(i) IN GENERAL.—In addition to 1
amounts made available under paragraph 2
(1)(A), there are authorized to be appro-3
priated to carry out the bridge investment 4
program under section 124 of title 23, 5
United States Code— 6
(I) $600,000,000 for fiscal year 7
2021; 8
(II) $640,000,000 for fiscal year 9
2022; 10
(III) $650,000,000 for fiscal year 11
2023; 12
(IV) $675,000,000 for fiscal year 13
2024; and 14
(V) $700,000,000 for fiscal year 15
2025. 16
(ii) ALLOCATION.—Amounts made 17
available under clause (i) shall be allocated 18
in the same manner as if made available 19
under paragraph (1)(A). 20
(B) NATIONALLY SIGNIFICANT FEDERAL 21
LANDS AND TRIBAL PROJECTS PROGRAM.—In ad-22
dition to amounts made available under para-23
graph (1)(J), there is authorized to be appro-24
priated to carry out section 1123 of the FAST 25
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Act (23 U.S.C. 201 note; Public Law 114–94) 1
$300,000,000 for each of fiscal years 2021 2
through 2025. 3
(c) RESEARCH, TECHNOLOGY, AND EDUCATION AU-4
THORIZATIONS.— 5
(1) IN GENERAL.—The following amounts are 6
authorized to be appropriated out of the Highway 7
Trust Fund (other than the Mass Transit Account): 8
(A) HIGHWAY RESEARCH AND DEVELOP-9
MENT PROGRAM.—To carry out section 503(b) of 10
title 23, United States Code, $153,431,378 for 11
each of fiscal years 2021 through 2025. 12
(B) TECHNOLOGY AND INNOVATION DEPLOY-13
MENT PROGRAM.—To carry out section 503(c) of 14
title 23, United States Code, $135,000,000 for 15
each of fiscal years 2021 through 2025. 16
(C) TRAINING AND EDUCATION.—To carry 17
out section 504 of title 23, United States Code— 18
(i) $25,000,000 for fiscal year 2021; 19
(ii) $26,000,000 for fiscal year 2022; 20
(iii) $27,000,000 for fiscal year 2023; 21
(iv) $27,000,000 for fiscal year 2024; 22
and 23
(v) $27,000,000 for fiscal year 2025. 24
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(D) INTELLIGENT TRANSPORTATION SYS-1
TEMS PROGRAM.—To carry out sections 512 2
through 518 of title 23, United States Code, 3
$110,000,000 for each of fiscal years 2021 4
through 2025. 5
(E) UNIVERSITY TRANSPORTATION CENTERS 6
PROGRAM.—To carry out section 5505 of title 49, 7
United States Code— 8
(i) $82,500,000 for fiscal year 2021; 9
(ii) $84,000,000 for fiscal year 2022; 10
(iii) $85,500,000 for fiscal year 2023; 11
(iv) $87,000,000 for fiscal year 2024; 12
and 13
(v) $88,500,000 for fiscal year 2025. 14
(F) BUREAU OF TRANSPORTATION STATIS-15
TICS.—To carry out chapter 63 of title 49, 16
United States Code, $26,000,000 for each of fis-17
cal years 2021 through 2025. 18
(2) ADMINISTRATION.—The Federal Highway 19
Administration shall— 20
(A) administer the programs described in 21
subparagraphs (A), (B), and (C) of paragraph 22
(1); and 23
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(B) in consultation with relevant modal ad-1
ministrations, administer the programs described 2
in paragraph (1)(D). 3
(3) APPLICABILITY OF TITLE 23, UNITED STATES 4
CODE.—Amounts authorized to be appropriated by 5
paragraph (1) shall— 6
(A) be available for obligation in the same 7
manner as if those funds were apportioned under 8
chapter 1 of title 23, United States Code, except 9
that the Federal share of the cost of a project or 10
activity carried out using those funds shall be 80 11
percent, unless otherwise expressly provided by 12
this Act (including the amendments by this Act) 13
or otherwise determined by the Secretary; and 14
(B) remain available until expended and 15
not be transferable, except as otherwise provided 16
by this Act. 17
(d) PILOT PROGRAMS.—The following amounts are 18
authorized to be appropriated out of the Highway Trust 19
Fund (other than the Mass Transit Account): 20
(1) WILDLIFE CROSSINGS PILOT PROGRAM.—For 21
the wildlife crossings pilot program under section 174 22
of title 23, United States Code— 23
(A) $55,000,000 for fiscal year 2021; 24
(B) $60,000,000 for fiscal year 2022; 25
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(C) $45,000,000 for fiscal year 2023; 1
(D) $45,000,000 for fiscal year 2024; and 2
(E) $45,000,000 for fiscal year 2025. 3
(2) PRIORITIZATION PROCESS PILOT PRO-4
GRAM.— 5
(A) IN GENERAL.—For the prioritization 6
process pilot program under section 1205, 7
$10,000,000 for each of fiscal years 2021 through 8
2025. 9
(B) TREATMENT.—Amounts made available 10
under subparagraph (A) shall be available for 11
obligation in the same manner as if those 12
amounts were apportioned under chapter 1 of 13
title 23, United States Code. 14
(3) DISASTER RELIEF MOBILIZATION PILOT PRO-15
GRAM.— 16
(A) IN GENERAL.—For the disaster relief 17
mobilization pilot program under section 1505, 18
$1,000,000 for each of fiscal years 2021 through 19
2025. 20
(B) TREATMENT.—Amounts made available 21
under subparagraph (A) shall be available for 22
obligation in the same manner as if those 23
amounts were apportioned under chapter 1 of 24
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title 23, United States Code, except that those 1
amounts shall remain available until expended. 2
(4) COMMUNITY CONNECTIVITY PILOT PRO-3
GRAM.— 4
(A) PLANNING GRANTS.—For planning 5
grants under the community connectivity pilot 6
program under section 1508(c)— 7
(i) $20,000,000 for fiscal year 2021; 8
(ii) $15,000,000 for fiscal year 2022; 9
(iii) $10,000,000 for fiscal year 2023; 10
(iv) $2,500,000 for fiscal year 2024; 11
and 12
(v) $2,500,000 for fiscal year 2025. 13
(B) CAPITAL CONSTRUCTION GRANTS.—For 14
capital construction grants under the community 15
connectivity pilot program under section 16
1508(d), $14,000,000 for each of fiscal years 17
2021 through 2025. 18
(C) TREATMENT.—Amounts made available 19
under subparagraph (A) or (B) shall be available 20
for obligation in the same manner as if those 21
amounts were apportioned under chapter 1 of 22
title 23, United States Code, except that those 23
amounts shall remain available until expended. 24
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(5) OPEN CHALLENGE AND RESEARCH INITIA-1
TIVE PILOT PROGRAM.— 2
(A) IN GENERAL.—For the open challenge 3
and research proposal pilot program under sec-4
tion 3005(e), $15,000,000 for each of fiscal years 5
2021 through 2025. 6
(B) TREATMENT.—Amounts made available 7
under subparagraph (A) shall be available for 8
obligation and administered as if apportioned 9
under chapter 1 of title 23, United States Code. 10
(e) DISADVANTAGED BUSINESS ENTERPRISES.— 11
(1) FINDINGS.—Congress finds that— 12
(A) while significant progress has occurred 13
due to the establishment of the disadvantaged 14
business enterprise program, discrimination and 15
related barriers continue to pose significant ob-16
stacles for minority- and women-owned busi-17
nesses seeking to do business in Federally as-18
sisted surface transportation markets across the 19
United States; 20
(B) the continuing barriers described in 21
subparagraph (A) merit the continuation of the 22
disadvantaged business enterprise program; 23
(C) Congress has received and reviewed tes-24
timony and documentation of race and gender 25
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discrimination from numerous sources, including 1
congressional hearings and roundtables, scientific 2
reports, reports issued by public and private 3
agencies, news stories, reports of discrimination 4
by organizations and individuals, and discrimi-5
nation lawsuits, which show that race- and gen-6
der-neutral efforts alone are insufficient to ad-7
dress the problem; 8
(D) the testimony and documentation de-9
scribed in subparagraph (C) demonstrate that 10
discrimination across the United States poses a 11
barrier to full and fair participation in surface 12
transportation-related businesses of women busi-13
ness owners and minority business owners and 14
has impacted firm development and many as-15
pects of surface transportation-related business 16
in the public and private markets; and 17
(E) the testimony and documentation de-18
scribed in subparagraph (C) provide a strong 19
basis that there is a compelling need for the con-20
tinuation of the disadvantaged business enter-21
prise program to address race and gender dis-22
crimination in surface transportation-related 23
business. 24
(2) DEFINITIONS.—In this subsection: 25
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(A) SMALL BUSINESS CONCERN.— 1
(i) IN GENERAL.—The term ‘‘small 2
business concern’’ means a small business 3
concern (as the term is used in section 3 of 4
the Small Business Act (15 U.S.C. 632)). 5
(ii) EXCLUSIONS.—The term ‘‘small 6
business concern’’ does not include any con-7
cern or group of concerns controlled by the 8
same socially and economically disadvan-9
taged individual or individuals that have 10
average annual gross receipts during the 11
preceding 3 fiscal years in excess of 12
$25,790,000, as adjusted annually by the 13
Secretary for inflation. 14
(B) SOCIALLY AND ECONOMICALLY DIS-15
ADVANTAGED INDIVIDUALS.—The term ‘‘socially 16
and economically disadvantaged individuals’’ 17
has the meaning given the term in section 8(d) 18
of the Small Business Act (15 U.S.C. 637(d)) 19
and relevant subcontracting regulations issued 20
pursuant to that Act, except that women shall be 21
presumed to be socially and economically dis-22
advantaged individuals for purposes of this sub-23
section. 24
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(3) AMOUNTS FOR SMALL BUSINESS CON-1
CERNS.—Except to the extent that the Secretary deter-2
mines otherwise, not less than 10 percent of the 3
amounts made available for any program under this 4
Act and section 403 of title 23, United States Code, 5
shall be expended through small business concerns 6
owned and controlled by socially and economically 7
disadvantaged individuals. 8
(4) ANNUAL LISTING OF DISADVANTAGED BUSI-9
NESS ENTERPRISES.—Each State shall annually— 10
(A) survey and compile a list of the small 11
business concerns referred to in paragraph (3) in 12
the State, including the location of the small 13
business concerns in the State; and 14
(B) notify the Secretary, in writing, of the 15
percentage of the small business concerns that 16
are controlled by— 17
(i) women; 18
(ii) socially and economically dis-19
advantaged individuals (other than 20
women); and 21
(iii) individuals who are women and 22
are otherwise socially and economically dis-23
advantaged individuals. 24
(5) UNIFORM CERTIFICATION.— 25
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(A) IN GENERAL.—The Secretary shall es-1
tablish minimum uniform criteria for use by 2
State governments in certifying whether a con-3
cern qualifies as a small business concern for the 4
purpose of this subsection. 5
(B) INCLUSIONS.—The minimum uniform 6
criteria established under subparagraph (A) shall 7
include, with respect to a potential small busi-8
ness concern— 9
(i) on-site visits; 10
(ii) personal interviews with personnel; 11
(iii) issuance or inspection of licenses; 12
(iv) analyses of stock ownership; 13
(v) listings of equipment; 14
(vi) analyses of bonding capacity; 15
(vii) listings of work completed; 16
(viii) examination of the resumes of 17
principal owners; 18
(ix) analyses of financial capacity; 19
and 20
(x) analyses of the type of work pre-21
ferred. 22
(6) REPORTING.—The Secretary shall establish 23
minimum requirements for use by State governments 24
in reporting to the Secretary— 25
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(A) information concerning disadvantaged 1
business enterprise awards, commitments, and 2
achievements; and 3
(B) such other information as the Secretary 4
determines to be appropriate for the proper mon-5
itoring of the disadvantaged business enterprise 6
program. 7
(7) COMPLIANCE WITH COURT ORDERS.—Noth-8
ing in this subsection limits the eligibility of an indi-9
vidual or entity to receive funds made available 10
under this Act and section 403 of title 23, United 11
States Code, if the entity or person is prevented, in 12
whole or in part, from complying with paragraph (3) 13
because a Federal court issues a final order in which 14
the court finds that a requirement or the implementa-15
tion of paragraph (3) is unconstitutional. 16
(8) SENSE OF CONGRESS ON PROMPT PAYMENT 17
OF DBE SUBCONTRACTORS.—It is the sense of Con-18
gress that— 19
(A) the Secretary should take additional 20
steps to ensure that recipients comply with sec-21
tion 26.29 of title 49, Code of Federal Regula-22
tions (the disadvantaged business enterprises 23
prompt payment rule), or any corresponding 24
regulation, in awarding Federally funded trans-25
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portation contracts under laws and regulations 1
administered by the Secretary; and 2
(B) such additional steps should include in-3
creasing the ability of the Department to track 4
and keep records of complaints and to make that 5
information publicly available. 6
SEC. 1102. OBLIGATION CEILING. 7
(a) GENERAL LIMITATION.—Subject to subsection (e), 8
and notwithstanding any other provision of law, the obliga-9
tions for Federal-aid highway and highway safety construc-10
tion programs shall not exceed— 11
(1) $54,388,462,378 for fiscal year 2021; 12
(2) $55,483,447,378 for fiscal year 2022; 13
(3) $56,666,082,378 for fiscal year 2023; 14
(4) $57,930,317,378 for fiscal year 2024; and 15
(5) $59,103,552,378 for fiscal year 2025. 16
(b) EXCEPTIONS.—The limitations under subsection 17
(a) shall not apply to obligations under or for— 18
(1) section 125 of title 23, United States Code; 19
(2) section 147 of the Surface Transportation As-20
sistance Act of 1978 (23 U.S.C. 144 note; 92 Stat. 21
2714); 22
(3) section 9 of the Federal-Aid Highway Act of 23
1981 (95 Stat. 1701); 24
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(4) subsections (b) and (j) of section 131 of the 1
Surface Transportation Assistance Act of 1982 (96 2
Stat. 2119); 3
(5) subsections (b) and (c) of section 149 of the 4
Surface Transportation and Uniform Relocation As-5
sistance Act of 1987 (101 Stat. 198); 6
(6) sections 1103 through 1108 of the Intermodal 7
Surface Transportation Efficiency Act of 1991 (105 8
Stat. 2027); 9
(7) section 157 of title 23, United States Code 10
(as in effect on June 8, 1998); 11
(8) section 105 of title 23, United States Code 12
(as in effect for fiscal years 1998 through 2004, but 13
only in an amount equal to $639,000,000 for each of 14
those fiscal years); 15
(9) Federal-aid highway programs for which ob-16
ligation authority was made available under the 17
Transportation Equity Act for the 21st Century (112 18
Stat. 107) or subsequent Acts for multiple years or to 19
remain available until expended, but only to the ex-20
tent that the obligation authority has not lapsed or 21
been used; 22
(10) section 105 of title 23, United States Code 23
(as in effect for fiscal years 2005 through 2012, but 24
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only in an amount equal to $639,000,000 for each of 1
those fiscal years); 2
(11) section 1603 of SAFETEA–LU (23 U.S.C. 3
118 note; 119 Stat. 1248), to the extent that funds ob-4
ligated in accordance with that section were not sub-5
ject to a limitation on obligations at the time at 6
which the funds were initially made available for ob-7
ligation; 8
(12) section 119 of title 23, United States Code 9
(as in effect for fiscal years 2013 through 2015, but 10
only in an amount equal to $639,000,000 for each of 11
those fiscal years); 12
(13) section 119 of title 23, United States Code 13
(as in effect for fiscal years 2016 through 2020, but 14
only in an amount equal to $639,000,000 for each of 15
those fiscal years); and 16
(14) section 119 of title 23, United States Code 17
(but, for fiscal years 2021 through 2025, only in an 18
amount equal to $639,000,000 for each of those fiscal 19
years). 20
(c) DISTRIBUTION OF OBLIGATION AUTHORITY.—For 21
each of fiscal years 2021 through 2025, the Secretary— 22
(1) shall not distribute obligation authority pro-23
vided by subsection (a) for the fiscal year for— 24
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(A) amounts authorized for administrative 1
expenses and programs by section 104(a) of title 2
23, United States Code; and 3
(B) amounts authorized for the Bureau of 4
Transportation Statistics; 5
(2) shall not distribute an amount of obligation 6
authority provided by subsection (a) that is equal to 7
the unobligated balance of amounts— 8
(A) made available from the Highway Trust 9
Fund (other than the Mass Transit Account) for 10
Federal-aid highway and highway safety con-11
struction programs for previous fiscal years the 12
funds for which are allocated by the Secretary 13
(or apportioned by the Secretary under section 14
172, 177, 179(c), 202, or 204 of title 23, United 15
States Code); and 16
(B) for which obligation authority was pro-17
vided in a previous fiscal year; 18
(3) shall determine the proportion that— 19
(A) the obligation authority provided by 20
subsection (a) for the fiscal year, less the aggre-21
gate of amounts not distributed under para-22
graphs (1) and (2) of this subsection; bears to 23
(B) the total of the sums authorized to be 24
appropriated for the Federal-aid highway and 25
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highway safety construction programs (other 1
than sums authorized to be appropriated for pro-2
visions of law described in paragraphs (1) 3
through (13) of subsection (b) and sums author-4
ized to be appropriated for section 119 of title 5
23, United States Code, equal to the amount re-6
ferred to in subsection (b)(14) for the fiscal 7
year), less the aggregate of the amounts not dis-8
tributed under paragraphs (1) and (2) of this 9
subsection; 10
(4) shall distribute the obligation authority pro-11
vided by subsection (a), less the aggregate amounts 12
not distributed under paragraphs (1) and (2), for 13
each of the programs (other than programs to which 14
paragraph (1) applies) that are allocated by the Sec-15
retary under this Act and title 23, United States 16
Code, or apportioned by the Secretary under section 17
172, 177, 179(c), 202, or 204 of that title, by multi-18
plying— 19
(A) the proportion determined under para-20
graph (3); by 21
(B) the amounts authorized to be appro-22
priated for each such program for the fiscal year; 23
and 24
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(5) shall distribute the obligation authority pro-1
vided by subsection (a), less the aggregate amounts 2
not distributed under paragraphs (1) and (2) and the 3
amounts distributed under paragraph (4), for Fed-4
eral-aid highway and highway safety construction 5
programs that are apportioned by the Secretary 6
under title 23, United States Code (other than the 7
amounts apportioned for the national highway per-8
formance program in section 119 of title 23, United 9
States Code, that are exempt from the limitation 10
under subsection (b)(14) and the amounts appor-11
tioned under sections 172, 177, 179(c), 202, and 204 12
of that title) in the proportion that— 13
(A) amounts authorized to be appropriated 14
for the programs that are apportioned under title 15
23, United States Code, to each State for the fis-16
cal year; bears to 17
(B) the total of the amounts authorized to 18
be appropriated for the programs that are ap-19
portioned under title 23, United States Code, to 20
all States for the fiscal year. 21
(d) REDISTRIBUTION OF UNUSED OBLIGATION AU-22
THORITY.—Notwithstanding subsection (c), the Secretary 23
shall, after August 1 of each of fiscal years 2021 through 24
2025— 25
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(1) revise a distribution of the obligation author-1
ity made available under subsection (c) if an amount 2
distributed cannot be obligated during that fiscal 3
year; and 4
(2) redistribute sufficient amounts to those States 5
able to obligate amounts in addition to those pre-6
viously distributed during that fiscal year, giving pri-7
ority to those States having large unobligated bal-8
ances of funds apportioned under sections 144 (as in 9
effect on the day before the date of enactment of 10
MAP–21 (Public Law 112–141; 126 Stat. 405)) and 11
104 of title 23, United States Code. 12
(e) APPLICABILITY OF OBLIGATION LIMITATIONS TO 13
TRANSPORTATION RESEARCH PROGRAMS.— 14
(1) IN GENERAL.—Except as provided in para-15
graph (2), obligation limitations imposed by sub-16
section (a) shall apply to contract authority for trans-17
portation research programs carried out under chap-18
ter 5 of title 23, United States Code. 19
(2) EXCEPTION.—Obligation authority made 20
available under paragraph (1) shall— 21
(A) remain available for a period of 4 fiscal 22
years; and 23
(B) be in addition to the amount of any 24
limitation imposed on obligations for Federal- 25
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aid highway and highway safety construction 1
programs for future fiscal years. 2
(f) REDISTRIBUTION OF CERTAIN AUTHORIZED 3
FUNDS.— 4
(1) IN GENERAL.—Not later than 30 days after 5
the date of distribution of obligation authority under 6
subsection (c) for each of fiscal years 2021 through 7
2025, the Secretary shall distribute to the States any 8
funds (excluding funds authorized for the program 9
under section 202 of title 23, United States Code) 10
that— 11
(A) are authorized to be appropriated for 12
the fiscal year for Federal-aid highway pro-13
grams; and 14
(B) the Secretary determines will not be al-15
located to the States (or will not be apportioned 16
to the States under sections 172, 177, 179(c), 17
and 204 of title 23, United States Code), and 18
will not be available for obligation, for the fiscal 19
year because of the imposition of any obligation 20
limitation for the fiscal year. 21
(2) RATIO.—Funds shall be distributed under 22
paragraph (1) in the same proportion as the distribu-23
tion of obligation authority under subsection (c)(5). 24
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(3) AVAILABILITY.—Funds distributed to each 1
State under paragraph (1) shall be available for any 2
purpose described in section 133(b) of title 23, United 3
States Code. 4
SEC. 1103. DEFINITIONS. 5
Section 101(a) of title 23, United States Code, is 6
amended— 7
(1) in paragraph (4)— 8
(A) in subparagraph (A), by inserting ‘‘as-9
sessing resilience,’’ after ‘‘surveying,’’; 10
(B) in subparagraph (G), by striking ‘‘and’’ 11
at the end; 12
(C) by redesignating subparagraph (H) as 13
subparagraph (I); and 14
(D) by inserting after subparagraph (G) the 15
following: 16
‘‘(H) improvements that reduce the number 17
of wildlife-vehicle collisions, such as wildlife 18
crossing structures; and’’; 19
(2) by redesignating paragraphs (17) through 20
(34) as paragraphs (18), (19), (20), (21), (22), (23), 21
(25), (26), (27), (28), (29), (30), (31), (32), (33), (34), 22
(35), and (36), respectively; 23
(3) by inserting after paragraph (16) the fol-24
lowing: 25
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‘‘(17) NATURAL INFRASTRUCTURE.—The term 1
‘natural infrastructure’ means infrastructure that 2
uses, restores, or emulates natural ecological processes 3
and— 4
‘‘(A) is created through the action of nat-5
ural physical, geological, biological, and chem-6
ical processes over time; 7
‘‘(B) is created by human design, engineer-8
ing, and construction to emulate or act in con-9
cert with natural processes; or 10
‘‘(C) involves the use of plants, soils, and 11
other natural features, including through the cre-12
ation, restoration, or preservation of vegetated 13
areas using materials appropriate to the region 14
to manage stormwater and runoff, to attenuate 15
flooding and storm surges, and for other related 16
purposes.’’; 17
(4) by inserting after paragraph (23) (as so re-18
designated) the following: 19
‘‘(24) RESILIENCE.—The term ‘resilience’, with 20
respect to a project, means a project with the ability 21
to anticipate, prepare for, or adapt to conditions or 22
withstand, respond to, or recover rapidly from dis-23
ruptions, including the ability— 24
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‘‘(A)(i) to resist hazards or withstand im-1
pacts from weather events and natural disasters; 2
or 3
‘‘(ii) to reduce the magnitude, duration, or 4
impact of a disruptive weather event or natural 5
disaster to a project; and 6
‘‘(B) to have the absorptive capacity, adapt-7
ive capacity, and recoverability to decrease 8
project vulnerability to weather events or other 9
natural disasters.’’; and 10
(5) in subparagraph (A) of paragraph (32) (as 11
so redesignated)— 12
(A) by striking the period at the end and 13
inserting ‘‘; and’’; 14
(B) by striking ‘‘through the implementa-15
tion’’ and inserting the following: ‘‘through— 16
‘‘(i) the implementation’’; and 17
(C) by adding at the end the following: 18
‘‘(ii) the consideration of incorporating 19
natural infrastructure.’’. 20
SEC. 1104. APPORTIONMENT. 21
(a) ADMINISTRATIVE EXPENSES.—Section 104(a) of 22
title 23, United States Code, is amended by striking para-23
graph (1) and inserting the following: 24
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‘‘(1) IN GENERAL.—There are authorized to be 1
appropriated from the Highway Trust Fund (other 2
than the Mass Transit Account) to be made available 3
to the Secretary for administrative expenses of the 4
Federal Highway Administration— 5
‘‘(A) $490,282,000 for fiscal year 2021; 6
‘‘(B) $499,768,000 for fiscal year 2022; 7
‘‘(C) $509,708,000 for fiscal year 2023; 8
‘‘(D) $520,084,000 for fiscal year 2024; and 9
‘‘(E) $530,459,000 for fiscal year 2025.’’. 10
(b) NATIONAL HIGHWAY FREIGHT PROGRAM.—Sec-11
tion 104(b)(5) of title 23, United States Code, is amended 12
by striking subparagraph (B) and inserting the following: 13
‘‘(B) TOTAL AMOUNT.—The total amount 14
set aside for the national highway freight pro-15
gram for all States shall be— 16
‘‘(i) $1,625,000,000 for fiscal year 17
2021; 18
‘‘(ii) $1,660,000,000 for fiscal year 19
2022; 20
‘‘(iii) $1,700,000,000 for fiscal year 21
2023; 22
‘‘(iv) $1,740,000,000 for fiscal year 23
2024; and 24
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‘‘(v) $1,775,000,000 for fiscal year 1
2025.’’. 2
(c) CALCULATION OF AMOUNTS.—Section 104(c) of 3
title 23, United States Code, is amended— 4
(1) in paragraph (1)— 5
(A) in the matter preceding subparagraph 6
(A), by striking ‘‘each of fiscal years 2016 7
through 2020’’ and inserting ‘‘fiscal year 2021 8
and each fiscal year thereafter’’; 9
(B) in subparagraph (A)(ii)(I), by striking 10
‘‘fiscal year 2015’’ and inserting ‘‘fiscal year 11
2020’’; and 12
(C) by striking subparagraph (B) and in-13
serting the following: 14
‘‘(B) GUARANTEED AMOUNTS.—The initial 15
amounts resulting from the calculation under 16
subparagraph (A) shall be adjusted to ensure 17
that each State receives an aggregate apportion-18
ment that is— 19
‘‘(i) equal to at least 95 percent of the 20
estimated tax payments paid into the High-21
way Trust Fund (other than the Mass 22
Transit Account) in the most recent fiscal 23
year for which data are available that 24
are— 25
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‘‘(I) attributable to highway users 1
in the State; and 2
‘‘(II) associated with taxes in ef-3
fect on July 1, 2019, and only up to 4
the rate those taxes were in effect on 5
that date; 6
‘‘(ii) at least 2 percent greater than the 7
apportionment that the State received for 8
fiscal year 2020; and 9
‘‘(iii) at least 1 percent greater than 10
the apportionment that the State received 11
for the previous fiscal year.’’; and 12
(2) in paragraph (2), by striking ‘‘fiscal years 13
2016 through 2020’’ and inserting ‘‘fiscal year 2021 14
and each fiscal year thereafter’’. 15
(d) SUPPLEMENTAL FUNDS.—Section 104(h) of title 16
23, United States Code, is amended— 17
(1) in paragraph (1), by striking subparagraph 18
(A) and inserting the following: 19
‘‘(A) AMOUNT.—Before making an appor-20
tionment for a fiscal year under subsection (c), 21
the Secretary shall reserve for the national high-22
way performance program under section 119 for 23
that fiscal year an amount equal to— 24
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‘‘(i) $1,160,000,000 for fiscal year 1
2021; 2
‘‘(ii) $1,184,000,000 for fiscal year 3
2022; 4
‘‘(iii) $1,208,000,000 for fiscal year 5
2023; 6
‘‘(iv) $1,233,000,000 for fiscal year 7
2024; and 8
‘‘(v) $1,259,000,000 for fiscal year 9
2025.’’; and 10
(2) in paragraph (2), by striking subparagraph 11
(A) and inserting the following: 12
‘‘(A) AMOUNT.—Before making an appor-13
tionment for a fiscal year under subsection (c), 14
the Secretary shall reserve for the surface trans-15
portation block grant program under section 133 16
for that fiscal year, pursuant to section 133(h)— 17
‘‘(i) $1,200,000,000 for fiscal year 18
2021; 19
‘‘(ii) $1,224,000,000 for fiscal year 20
2022; 21
‘‘(iii) $1,248,000,000 for fiscal year 22
2023; 23
‘‘(iv) $1,273,000,000 for fiscal year 24
2024; and 25
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‘‘(v) $1,299,000,000 for fiscal year 1
2025.’’. 2
SEC. 1105. NATIONAL HIGHWAY PERFORMANCE PROGRAM. 3
Section 119 of title 23, United States Code, is amend-4
ed— 5
(1) in subsection (b)— 6
(A) in paragraph (2), by striking ‘‘and’’ at 7
the end; 8
(B) in paragraph (3), by striking the period 9
at the end and inserting ‘‘; and’’; and 10
(C) by adding at the end the following: 11
‘‘(4) to provide support for measures to increase 12
the resiliency of Federal-aid highways and bridges on 13
and off the National Highway System to mitigate the 14
impacts of sea level rise, extreme weather events, 15
flooding, or other natural disasters.’’; and 16
(2) by adding at the end the following: 17
‘‘(k) PROTECTIVE FEATURES.— 18
‘‘(1) IN GENERAL.—A State may use not more 19
than 15 percent of the funds apportioned to the State 20
under section 104(b)(1) for each fiscal year for 1 or 21
more protective features on a Federal-aid highway or 22
bridge off the National Highway System, if the pro-23
tective feature is designed to mitigate the risk of re-24
curring damage, or the cost of future repairs, from ex-25
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treme weather events, flooding, or other natural disas-1
ters. 2
‘‘(2) PROTECTIVE FEATURES DESCRIBED.—A 3
protective feature referred to in paragraph (1) may 4
include— 5
‘‘(A) raising roadway grades; 6
‘‘(B) relocating roadways in a base flood-7
plain to higher ground above projected flood ele-8
vation levels or away from slide prone areas; 9
‘‘(C) stabilizing slide areas; 10
‘‘(D) stabilizing slopes; 11
‘‘(E) installing riprap; 12
‘‘(F) lengthening or raising bridges to in-13
crease waterway openings; 14
‘‘(G) deepening channels to prevent flood-15
ing; 16
‘‘(H) increasing the size or number of 17
drainage structures; 18
‘‘(I) replacing culverts with bridges or 19
upsizing culverts; 20
‘‘(J) repairing or maintaining tide gates; 21
‘‘(K) installing seismic retrofits on bridges; 22
‘‘(L) adding scour protection at bridges; 23
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‘‘(M) adding scour, stream stability, coastal, 1
or other hydraulic countermeasures, including 2
spur dikes; 3
‘‘(N) the use of natural infrastructure to 4
mitigate the risk of recurring damage or the cost 5
of future repair from extreme weather events, 6
flooding, or other natural disasters; and 7
‘‘(O) any other features that mitigate the 8
risk of recurring damage or the cost of future re-9
pair as a result of extreme weather events, flood-10
ing, or other natural disasters, as determined by 11
the Secretary. 12
‘‘(3) SAVINGS PROVISION.—Nothing in this sub-13
section limits the ability of a State to carry out a 14
project otherwise eligible under subsection (d) using 15
funds apportioned under section 104(b)(1).’’. 16
SEC. 1106. EMERGENCY RELIEF. 17
Section 125 of title 23, United States Code, is amend-18
ed— 19
(1) in subsection (a)(1), by inserting ‘‘wildfire, 20
sea level rise,’’ after ‘‘severe storm’’; 21
(2) by striking subsection (b) and inserting the 22
following: 23
‘‘(b) RESTRICTION ON ELIGIBILITY.—Funds under 24
this section shall not be used for the repair or reconstruction 25
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of a bridge that has been permanently closed to all vehicular 1
traffic by the Federal, State, Tribal, or responsible local of-2
ficial because of imminent danger of collapse due to a struc-3
tural deficiency or physical deterioration.’’; and 4
(3) in subsection (d)— 5
(A) in paragraph (2)(A)— 6
(i) by striking the period at the end 7
and inserting ‘‘; and’’ 8
(ii) by striking ‘‘a facility that meets 9
the current’’ and inserting the following: ‘‘a 10
facility that— 11
‘‘(i) meets the current’’; and 12
(iii) by adding at the end the fol-13
lowing: 14
‘‘(ii) incorporates economically justifi-15
able improvements designed to mitigate the 16
risk of recurring damage from extreme 17
weather events, flooding, or other natural 18
disasters.’’; 19
(B) by redesignating paragraphs (3) 20
through (5) as paragraphs (4) through (6), re-21
spectively; and 22
(C) by inserting after paragraph (2) the fol-23
lowing: 24
‘‘(3) PROTECTIVE FEATURES.— 25
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‘‘(A) IN GENERAL.—The cost of an improve-1
ment that is part of a project under this section 2
shall be an eligible expense under this section if 3
the improvement is a protective feature that is 4
designed to mitigate the risk of recurring dam-5
age, or the cost of future repair, from extreme 6
weather events, flooding, or other natural disas-7
ters. 8
‘‘(B) PROTECTIVE FEATURES DESCRIBED.— 9
A protective feature referred to in subparagraph 10
(A) may include— 11
‘‘(i) raising roadway grades; 12
‘‘(ii) relocating roadways in a base 13
floodplain to higher ground above projected 14
flood elevation levels or away from slide 15
prone areas; 16
‘‘(iii) stabilizing slide areas; 17
‘‘(iv) stabilizing slopes; 18
‘‘(v) installing riprap; 19
‘‘(vi) lengthening or raising bridges to 20
increase waterway openings; 21
‘‘(vii) deepening channels to prevent 22
flooding; 23
‘‘(viii) increasing the size or number of 24
drainage structures; 25
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‘‘(ix) replacing culverts with bridges or 1
upsizing culverts; 2
‘‘(x) repairing or maintaining tide 3
gates; 4
‘‘(xi) installing seismic retrofits on 5
bridges; 6
‘‘(xii) adding scour protection at 7
bridges; 8
‘‘(xiii) adding scour, stream stability, 9
coastal, and other hydraulic counter-10
measures, including spur dikes; 11
‘‘(xiv) the use of natural infrastructure 12
to mitigate the risk of recurring damage or 13
the cost of future repair from extreme 14
weather events, flooding, or other natural 15
disasters; and 16
‘‘(xv) any other features that mitigate 17
the risk of recurring damage or the cost of 18
future repair as a result of extreme weather 19
events, flooding, or other natural disasters, 20
as determined by the Secretary.’’. 21
SEC. 1107. FEDERAL SHARE PAYABLE. 22
Section 120(c) of title 23, United States Code, is 23
amended by adding at the end the following: 24
‘‘(4) PROTECTIVE FEATURES.— 25
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‘‘(A) IN GENERAL.—Notwithstanding any 1
other provision of law, the Federal share payable 2
for the cost of a protective feature on a Federal- 3
aid highway or bridge project under this title 4
may be up to 100 percent, at the discretion of 5
the State, if the protective feature is an improve-6
ment designed to mitigate the risk of recurring 7
damage, or the cost of future repair, from ex-8
treme weather events, flooding, or other natural 9
disasters. 10
‘‘(B) PROTECTIVE FEATURES DESCRIBED.— 11
A protective feature referred to in subparagraph 12
(A) may include— 13
‘‘(i) raising roadway grades; 14
‘‘(ii) relocating roadways in a base 15
floodplain to higher ground above projected 16
flood elevation levels or away from slide 17
prone areas; 18
‘‘(iii) stabilizing slide areas; 19
‘‘(iv) stabilizing slopes; 20
‘‘(v) installing riprap; 21
‘‘(vi) lengthening or raising bridges to 22
increase waterway openings; 23
‘‘(vii) deepening channels to prevent 24
flooding; 25
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‘‘(viii) increasing the size or number of 1
drainage structures; 2
‘‘(ix) replacing culverts with bridges or 3
upsizing culverts; 4
‘‘(x) repairing or maintaining tide 5
gates; 6
‘‘(xi) installing seismic retrofits on 7
bridges; 8
‘‘(xii) adding scour protection at 9
bridges; 10
‘‘(xiii) adding scour, stream stability, 11
coastal, and other hydraulic counter-12
measures, including spur dikes; 13
‘‘(xiv) the use of natural infrastructure 14
to mitigate the risk of recurring damage or 15
the cost of future repair from extreme 16
weather events, flooding, or other natural 17
disasters; and 18
‘‘(xv) any other features that mitigate 19
the risk of recurring damage or the cost of 20
future repair as a result of extreme weather 21
events, flooding, or other natural disasters, 22
as determined by the Secretary.’’. 23
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SEC. 1108. RAILWAY-HIGHWAY GRADE CROSSINGS. 1
(a) IN GENERAL.—Section 130(e) of title 23, United 2
States Code, is amended— 3
(1) in the heading, by striking ‘‘PROTECTIVE 4
DEVICES’’ and inserting ‘‘RAILWAY-HIGHWAY GRADE 5
CROSSINGS’’; and 6
(2) in paragraph (1)— 7
(A) in subparagraph (A), by striking 8
‘‘crossings’’ in the matter preceding clause (i) 9
and all that follows through ‘‘2020.’’ in clause 10
(v) and inserting the following: ‘‘crossings and 11
as described in subparagraph (B), not less than 12
$245,000,000 for each of fiscal years 2021 13
through 2025.’’; and 14
(B) by striking subparagraph (B) and in-15
serting the following: 16
‘‘(B) REDUCING TRESPASSING FATALITIES 17
AND INJURIES.—A State may use funds set aside 18
under subparagraph (A) for projects to reduce 19
pedestrian fatalities and injuries from tres-20
passing at grade crossings.’’. 21
(b) FEDERAL SHARE.—Section 130(f)(3) of title 23, 22
United States Code, is amended by striking ‘‘90 percent’’ 23
and inserting ‘‘100 percent’’. 24
(c) GAO STUDY.—Not later than 3 years after the date 25
of enactment of this Act, the Comptroller General of the 26
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United States shall submit to Congress a report that in-1
cludes an analysis of the effectiveness of the railway-high-2
way crossings program under section 130 of title 23, United 3
States Code. 4
(d) SENSE OF CONGRESS RELATING TO TRESPASSER 5
DEATHS ALONG RAILROAD RIGHTS-OF-WAY.—It is the 6
sense of Congress that the Department should, where fea-7
sible, coordinate departmental efforts to prevent or reduce 8
trespasser deaths along railroad rights-of-way and at or 9
near railway-highway crossings. 10
SEC. 1109. SURFACE TRANSPORTATION BLOCK GRANT PRO-11
GRAM. 12
(a) IN GENERAL.—Section 133 of title 23, United 13
States Code, is amended— 14
(1) in subsection (b)— 15
(A) in paragraph (1)— 16
(i) in subparagraph (B)— 17
(I) by adding ‘‘or’’ at the end; 18
(II) by striking ‘‘facilities eligi-19
ble’’ and inserting the following: ‘‘fa-20
cilities— 21
‘‘(i) that are eligible’’; and 22
(III) by adding at the end the fol-23
lowing: 24
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‘‘(ii) that are privately or majority- 1
privately owned, but that the Secretary de-2
termines provide a substantial public trans-3
portation benefit or otherwise meet the fore-4
most needs of the surface transportation sys-5
tem described in section 101(b)(3)(D);’’; 6
(ii) in subparagraph (E), by striking 7
‘‘and’’ at the end; 8
(iii) in subparagraph (F), by striking 9
the period at the end and inserting ‘‘; and’’; 10
and 11
(iv) by adding at the end the following: 12
‘‘(G) wildlife crossing structures.’’; 13
(B) in paragraph (3), by inserting 14
‘‘148(a)(4)(B)(xvii),’’ after ‘‘119(g),’’; 15
(C) by redesignating paragraphs (4) 16
through (15) as paragraphs (5), (6), (7), (8), (9), 17
(10), (11), (12), (13), (15), (16), and (17), re-18
spectively; 19
(D) by inserting after paragraph (3) the fol-20
lowing: 21
‘‘(4) Projects that use natural infrastructure 22
alone or in combination with other eligible projects to 23
enhance resilience of a transportation facility other-24
wise eligible for assistance under this section.’’; 25
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(E) by inserting after paragraph (13) (as so 1
redesignated) the following: 2
‘‘(14) Projects and strategies designed to reduce 3
the number of wildlife-vehicle collisions, including 4
project-related planning, design, construction, moni-5
toring, and preventative maintenance.’’; and 6
(F) by adding at the end the following: 7
‘‘(18) Rural barge landing, dock, and waterfront 8
infrastructure projects in accordance with subsection 9
(j).’’; 10
(2) in subsection (c)— 11
(A) in paragraph (2), by striking ‘‘para-12
graphs (4) through (11)’’ and inserting ‘‘para-13
graphs (5) through (12) and paragraph (18)’’; 14
(B) in paragraph (3), by striking ‘‘and’’ at 15
the end; 16
(C) by redesignating paragraph (4) as 17
paragraph (5); and 18
(D) by inserting after paragraph (3) the fol-19
lowing: 20
‘‘(4) for a bridge project for the replacement of 21
a low water crossing (as defined by the Secretary) 22
with a bridge; and’’; 23
(3) in subsection (d)— 24
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(A) in paragraph (1)(A), in the matter pre-1
ceding clause (i), by striking ‘‘the percentage 2
specified in paragraph (6) for a fiscal year’’ and 3
inserting ‘‘55 percent for each of fiscal years 4
2021 through 2025’’; and 5
(B) by striking paragraph (6); 6
(4) in subsection (e)(1), in the matter preceding 7
subparagraph (A), by striking ‘‘fiscal years 2016 8
through 2020’’ and inserting ‘‘fiscal years 2021 9
through 2025’’; 10
(5) in subsection (f)— 11
(A) in paragraph (1)— 12
(i) by inserting ‘‘or low water crossing 13
(as defined by the Secretary)’’ after ‘‘a high-14
way bridge’’; and 15
(ii) by inserting ‘‘or low water crossing 16
(as defined by the Secretary)’’ after ‘‘other 17
than a bridge’’; 18
(B) in paragraph (2)(A), by striking ‘‘ac-19
tivities described in subsection (b)(2) for off-sys-20
tem bridges’’ and inserting ‘‘activities described 21
in paragraphs (1)(A) and (10) of subsection (b) 22
for off-system bridges, projects and activities de-23
scribed in subsection (b)(1)(A) for the replace-24
ment of low water crossings with bridges, and 25
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projects and activities described in subsection 1
(b)(10) for low water crossings (as defined by the 2
Secretary),’’; and 3
(C) in paragraph (3), in the matter pre-4
ceding subparagraph (A)— 5
(i) by striking ‘‘bridge or rehabilita-6
tion of a bridge’’ and inserting ‘‘bridge, re-7
habilitation of a bridge, or replacement of a 8
low water crossing (as defined by the Sec-9
retary) with a bridge’’; and 10
(ii) by inserting ‘‘or, in the case of a 11
replacement of a low water crossing with a 12
bridge, is determined by the Secretary on 13
completion to have improved the safety of 14
the location’’ after ‘‘no longer a deficient 15
bridge’’; 16
(6) in subsection (g)(1), by striking ‘‘fiscal years 17
2016 through 2020’’ and inserting ‘‘fiscal years 2021 18
through 2025’’; 19
(7) by adding at the end the following: 20
‘‘(j) RURAL BARGE LANDING, DOCK, AND WATER-21
FRONT INFRASTRUCTURE PROJECTS.— 22
‘‘(1) IN GENERAL.—A State may use not more 23
than 5 percent of the funds apportioned to the State 24
under section 104(b)(2) for eligible rural barge land-25
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ing, dock, and waterfront infrastructure projects de-1
scribed in paragraph (2). 2
‘‘(2) ELIGIBLE PROJECTS.—An eligible rural 3
barge landing, dock, or waterfront infrastructure 4
project referred to in paragraph (1) is a project for 5
the planning, designing, engineering, or construction 6
of a barge landing, dock, or other waterfront infra-7
structure in a rural community or a Native village 8
(as defined in section 3 of the Alaska Native Claims 9
Settlement Act (43 U.S.C. 1602))— 10
‘‘(A) that is off the road system; and 11
‘‘(B) for which the Secretary determines 12
there is a lack of adequate infrastructure.’’. 13
(b) SET-ASIDE.—Section 133(h) of title 23, United 14
States Code, is amended— 15
(1) in paragraph (1)(A), by striking clauses (i) 16
and (ii) and inserting the following: 17
‘‘(i) $1,200,000,000 for fiscal year 18
2021; 19
‘‘(ii) $1,224,000,000 for fiscal year 20
2022; 21
‘‘(iii) $1,248,000,000 for fiscal year 22
2023; 23
‘‘(iv) $1,273,000,000 for fiscal year 24
2024; and 25
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‘‘(v) $1,299,000,000 for fiscal year 1
2025; and’’; 2
(2) by striking paragraph (2) and inserting the 3
following: 4
‘‘(2) ALLOCATION WITHIN A STATE.— 5
‘‘(A) IN GENERAL.—Except as provided in 6
subparagraph (B), funds reserved for a State 7
under paragraph (1) shall be obligated within 8
that State in the manner described in subsection 9
(d), except that, for purposes of this paragraph 10
(after funds are made available under paragraph 11
(5))— 12
‘‘(i) for each fiscal year, the percentage 13
specified in subsection (d)(1)(A) shall be 14
deemed to be 57.5 percent; and 15
‘‘(ii) paragraph (3) of that subsection 16
shall not apply. 17
‘‘(B) LOCAL CONTROL.— 18
‘‘(i) IN GENERAL.—On approval of a 19
plan submitted to the Secretary that de-20
scribes the manner in which the plan will 21
maximize local control and the means by 22
which the State plans to comply with para-23
graph (8), the State may allocate up to 100 24
percent of the funds referred to in subpara-25
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graph (A)(i) to counties and other local 1
transportation entities. 2
‘‘(ii) REQUIREMENT.—A State that al-3
locates funding under clause (i) to counties 4
and other local transportation entities shall 5
make available an equivalent amount of ob-6
ligation limitation to those counties and 7
other local transportation entities.’’; 8
(3) in paragraph (4)(B)— 9
(A) in clause (vii), by striking ‘‘responsible’’ 10
and all that follows through ‘‘programs’’; 11
(B) in clause (viii), by inserting ‘‘that 12
serves an urbanized population of over 200,000’’ 13
after ‘‘metropolitan planning organization’’; 14
(C) by redesignating clauses (vii) and (viii) 15
as clauses (viii) and (ix), respectively; and 16
(D) by inserting after clause (vi) the fol-17
lowing: 18
‘‘(vii) a metropolitan planning organi-19
zation that serves an urbanized population 20
of 200,000 or fewer;’’; 21
(4) in paragraph (6), by adding at the end the 22
following: 23
‘‘(C) IMPROVING ACCESSIBILITY AND EFFI-24
CIENCY.— 25
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‘‘(i) IN GENERAL.—A State may elect 1
to use an amount equal to not more than 7 2
percent of the funds reserved for the State 3
under this subsection, after allocating funds 4
in accordance with paragraph (2)(A), to 5
improve the ability of applicants to access 6
funding for projects under this subsection in 7
an efficient and expeditious manner by— 8
‘‘(I) providing to applicants for 9
projects under this subsection applica-10
tion assistance, technical assistance, 11
and assistance in reducing the period 12
of time between the selection of the 13
project and the obligation of funds for 14
the project; and 15
‘‘(II) providing funding for 1 or 16
more full-time State employee positions 17
to administer this subsection. 18
‘‘(ii) USE OF FUNDS.—Amounts used 19
under clause (i) may be expended— 20
‘‘(I) directly by the State; or 21
‘‘(II) through contracts with State 22
agencies, private entities, or nonprofit 23
entities.’’; 24
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(5) by redesignating paragraph (7) as para-1
graph (8); and 2
(6) by inserting after paragraph (6) the fol-3
lowing: 4
‘‘(7) FEDERAL SHARE.— 5
‘‘(A) REQUIRED AGGREGATE NON-FEDERAL 6
SHARE.— 7
‘‘(i) IN GENERAL.—The average an-8
nual non-Federal share of the total cost of 9
all projects carried out under this subsection 10
in a State for a fiscal year shall be not less 11
than the non-Federal share authorized for 12
the State under section 120(b). 13
‘‘(ii) SINGLE PROJECTS.—Subject to 14
clause (i), the Federal share of the total cost 15
of a single project carried out under this 16
subsection may be up to 100 percent. 17
‘‘(B) FLEXIBLE FINANCING.—Subject to sub-18
paragraph (A), notwithstanding section 120— 19
‘‘(i) funds made available to carry out 20
section 148 may be credited toward the non- 21
Federal share of the costs of a project type 22
under this subsection that the Secretary de-23
termines to have an expected safety benefit; 24
and 25
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‘‘(ii) the non-Federal share for a 1
project under this subsection may be cal-2
culated on a project, multiple-project, or 3
program basis.’’. 4
SEC. 1110. NATIONALLY SIGNIFICANT FREIGHT AND HIGH-5
WAY PROJECTS. 6
(a) IN GENERAL.—Section 117 of title 23, United 7
States Code, is amended— 8
(1) in subsection (a)(2)— 9
(A) in subparagraph (A), by inserting ‘‘in 10
and across rural and urban areas’’ after ‘‘peo-11
ple’’; and 12
(B) in subparagraph (F), by inserting ‘‘, 13
including highways that support movement of 14
energy equipment’’ after ‘‘security’’; 15
(2) in subsection (b), by adding at the end the 16
following: 17
‘‘(3) GRANT ADMINISTRATION.—The Secretary 18
may— 19
‘‘(A) retain not more than a total of 2 per-20
cent of the funds made available to carry out 21
this section for the National Surface Transpor-22
tation and Innovative Finance Bureau to review 23
applications for grants under this section; and 24
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‘‘(B) transfer portions of the funds retained 1
under subparagraph (A) to the relevant Admin-2
istrators to fund the award and oversight of 3
grants provided under this section.’’; 4
(3) in subsection (d)— 5
(A) in paragraph (1)(A)— 6
(i) in clause (iii)(II), by striking ‘‘or’’ 7
at the end; 8
(ii) in clause (iv), by striking ‘‘and’’ at 9
the end; and 10
(iii) by adding at the end the fol-11
lowing: 12
‘‘(v) a wildlife crossing project; 13
‘‘(vi) a surface transportation infra-14
structure project that— 15
‘‘(I) is located within the bound-16
aries of or functionally connected to an 17
international border crossing area in 18
the United States; 19
‘‘(II) improves a transportation 20
facility owned by a Federal, State, or 21
local government entity; and 22
‘‘(III) increases throughput effi-23
ciency of the border crossing described 24
in subclause (I), including— 25
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‘‘(aa) a project to add lanes; 1
‘‘(bb) a project to add tech-2
nology; and 3
‘‘(cc) other surface transpor-4
tation improvements; or 5
‘‘(vii) a project for a marine highway 6
corridor designated by the Secretary under 7
section 55601(c) of title 46 (including an 8
inland waterway corridor), if the Secretary 9
determines that the project— 10
‘‘(I) is functionally connected to 11
the National Highway Freight Net-12
work; and 13
‘‘(II) is likely to reduce on-road 14
mobile source emissions; and’’; 15
(B) in paragraph (2)(A), in the matter pre-16
ceding clause (i)— 17
(i) by striking ‘‘$500,000,000’’ and in-18
serting ‘‘30 percent’’; and 19
(ii) by striking ‘‘fiscal years 2016 20
through 2020, in the aggregate,’’ and insert-21
ing ‘‘each of fiscal years 2021 through 22
2025’’; and 23
(C) by adding at the end the following: 24
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‘‘(3) CRITICAL RURAL STATE INTERSTATE 1
PROJECTS.— 2
‘‘(A) REQUIREMENT.—Not less than 3
$500,000,000 of the amounts made available for 4
grants under this section for fiscal years 2021 5
through 2025, in the aggregate, shall be used to 6
make grants for Interstate interchange projects 7
between 2 routes on the Interstate System that— 8
‘‘(i) are located in a State— 9
‘‘(I) with a population density of 10
not more than 80 persons per square 11
mile of land area, based on the 2010 12
census; and 13
‘‘(II) that has 3 or fewer Inter-14
state interchanges between 2 routes on 15
the Interstate System; and 16
‘‘(ii) are projects that— 17
‘‘(I) address a freight system need 18
identified in a State freight plan 19
under section 70202 of title 49 (re-20
ferred to in this paragraph as a ‘State 21
freight plan’); 22
‘‘(II) address a freight mobility 23
issue identified in a State freight plan; 24
or 25
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‘‘(III) are identified in a State 1
freight plan. 2
‘‘(B) INCLUSION IN STATE FREIGHT 3
PLAN.—A project described in subparagraph 4
(A)(ii)(III) may include a project listed in the 5
freight investment plan required under section 6
70202(b)(9) of title 49. 7
‘‘(C) UNUTILIZED AMOUNTS.—If, in fiscal 8
year 2025, the Secretary determines that grants 9
under this paragraph will not allow for the 10
amount reserved under subparagraph (A) to be 11
fully utilized, the Secretary shall use the unuti-12
lized amounts to make other grants under this 13
section during that fiscal year. 14
‘‘(4) CRITICAL URBAN STATE PROJECTS.— 15
‘‘(A) REQUIREMENT.—Not less than 16
$500,000,000 of the amounts made available for 17
grants under this section for fiscal years 2021 18
through 2025, in the aggregate, shall be used to 19
make grants to eligible projects that are located 20
in a State with a population density of not less 21
than 400 persons per square mile of land area, 22
based on the 2010 census. 23
‘‘(B) INCLUSION IN STATE FREIGHT 24
PLAN.—A project described in subparagraph (A) 25
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may include a project listed in the freight invest-1
ment plan required under section 70202(b)(9) of 2
title 49. 3
‘‘(C) UNUTILIZED AMOUNTS.—If, in fiscal 4
year 2025, the Secretary determines that grants 5
under this paragraph will not allow for the 6
amount reserved under subparagraph (A) to be 7
fully utilized, the Secretary shall use the unuti-8
lized amounts to make other grants under this 9
section during that fiscal year.’’; 10
(4) in subsection (e)— 11
(A) in paragraph (1), by striking ‘‘10 per-12
cent’’ and inserting ‘‘not less than 15 percent’’; 13
(B) in paragraph (3)— 14
(i) in subparagraph (A), by striking 15
‘‘and’’ at the end; 16
(ii) in subparagraph (B), by striking 17
the period at the end and inserting ‘‘; and’’; 18
and 19
(iii) by adding at the end the fol-20
lowing: 21
‘‘(C) the effect of the proposed project on 22
safety on freight corridors with significant haz-23
ards, such as high winds, heavy snowfall, flood-24
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ing, rockslides, mudslides, wildfire, wildlife cross-1
ing onto the roadway, or steep grades.’’; and 2
(C) by adding at the end the following: 3
‘‘(4) REQUIREMENT.—Of the amounts reserved 4
under paragraph (1), not less than 30 percent shall 5
be used for projects in rural areas (as defined in sub-6
section (i)(3)).’’; 7
(5) in subsection (h)— 8
(A) in paragraph (2), by striking ‘‘and’’ at 9
the end; 10
(B) in paragraph (3), by striking the period 11
at the end and inserting ‘‘; and’’; and 12
(C) by adding at the end the following: 13
‘‘(4) enhancement of freight resilience to natural 14
hazards or disasters, including high winds, heavy 15
snowfall, flooding, rockslides, mudslides, wildfire, 16
wildlife crossing onto the roadway, or steep grades.’’; 17
(6) in subsection (i)(2), by striking ‘‘other grants 18
under this section’’ and inserting ‘‘grants under sub-19
section (e)’’; 20
(7) in subsection (j)— 21
(A) by striking the subsection designation 22
and heading and all that follows through ‘‘The 23
Federal share’’ in paragraph (1) and inserting 24
the following: 25
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‘‘(j) FEDERAL ASSISTANCE.— 1
‘‘(1) FEDERAL SHARE.— 2
‘‘(A) IN GENERAL.—Except as provided in 3
subparagraph (B) or for a grant under sub-4
section (q), the Federal share’’; 5
(B) in paragraph (1), by adding at the end 6
the following: 7
‘‘(B) SMALL PROJECTS.—In the case of a 8
project described in subsection (e)(1), the Federal 9
share of the cost of the project shall be 80 per-10
cent.’’; and 11
(C) in paragraph (2)— 12
(i) by striking ‘‘Federal assistance 13
other’’ and inserting ‘‘Except for grants 14
under subsection (q), Federal assistance 15
other’’; and 16
(ii) by striking ‘‘except that the total 17
Federal’’ and inserting the following: ‘‘ex-18
cept that— 19
‘‘(A) for a State with a population density 20
of not more than 80 persons per square mile of 21
land area, based on the 2010 census, the max-22
imum share of the total Federal assistance pro-23
vided for a project receiving a grant under this 24
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section shall be the applicable share under sec-1
tion 120(b); and 2
‘‘(B) for a State not described in subpara-3
graph (A), the total Federal’’; 4
(8) by redesignating subsections (k) through (n) 5
as subsections (l), (m), (n), and (p), respectively; 6
(9) by inserting after subsection (j) the following: 7
‘‘(k) EFFICIENT USE OF NON-FEDERAL FUNDS.— 8
‘‘(1) IN GENERAL.—Notwithstanding any other 9
provision of law and subject to approval by the Sec-10
retary under paragraph (2)(B), in the case of any 11
grant for a project under this section, during the pe-12
riod beginning on the date on which the grant recipi-13
ent is selected and ending on the date on which the 14
grant agreement is signed— 15
‘‘(A) the grant recipient may obligate and 16
expend non-Federal funds with respect to the 17
project for which the grant is provided; and 18
‘‘(B) any non-Federal funds obligated or ex-19
pended in accordance with subparagraph (A) 20
shall be credited toward the non-Federal cost 21
share for the project for which the grant is pro-22
vided. 23
‘‘(2) REQUIREMENTS.— 24
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‘‘(A) APPLICATION.—In order to obligate 1
and expend non-Federal funds under paragraph 2
(1), the grant recipient shall submit to the Sec-3
retary a request to obligate and expend non-Fed-4
eral funds under that paragraph, including— 5
‘‘(i) a description of the activities the 6
grant recipient intends to fund; 7
‘‘(ii) a justification for advancing the 8
activities described in clause (i), including 9
an assessment of the effects to the project 10
scope, schedule, and budget if the request is 11
not approved; and 12
‘‘(iii) the level of risk of the activities 13
described in clause (i). 14
‘‘(B) APPROVAL.—The Secretary shall ap-15
prove or disapprove each request submitted 16
under subparagraph (A). 17
‘‘(C) COMPLIANCE WITH APPLICABLE RE-18
QUIREMENTS.—Any non-Federal funds obligated 19
or expended under paragraph (1) shall comply 20
with all applicable requirements, including any 21
requirements included in the grant agreement. 22
‘‘(3) EFFECT.—The obligation or expenditure of 23
any non-Federal funds in accordance with this sub-24
section shall not— 25
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‘‘(A) affect the signing of a grant agreement 1
or other applicable grant procedures with respect 2
to the applicable grant; 3
‘‘(B) create an obligation on the part of the 4
Federal Government to repay any non-Federal 5
funds if the grant agreement is not signed; or 6
‘‘(C) affect the ability of recipient of the 7
grant to obligate or expend non-Federal funds to 8
meet the non-Federal cost share for the project 9
for which the grant is provided after the period 10
described in paragraph (1).’’; 11
(10) by inserting after subsection (n) (as so re-12
designated) the following: 13
‘‘(o) APPLICANT NOTIFICATION.— 14
‘‘(1) IN GENERAL.—Not later than 60 days after 15
the date on which a grant recipient for a project 16
under this section is selected, the Secretary shall pro-17
vide to each eligible applicant not selected for that 18
grant a written notification that the eligible appli-19
cant was not selected. 20
‘‘(2) INCLUSION.—A written notification under 21
paragraph (1) shall include an offer for a written or 22
telephonic debrief by the Secretary that will pro-23
vide— 24
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‘‘(A) detail on the evaluation of the applica-1
tion of the eligible applicant; and 2
‘‘(B) an explanation of and guidance on the 3
reasons the application was not selected for a 4
grant under this section. 5
‘‘(3) RESPONSE.— 6
‘‘(A) IN GENERAL.—Not later than 30 days 7
after the eligible applicant receives a written no-8
tification under paragraph (1), if the eligible ap-9
plicant opts to receive a debrief described in 10
paragraph (2), the eligible applicant shall notify 11
the Secretary that the eligible applicant is re-12
questing a debrief. 13
‘‘(B) DEBRIEF.—If the eligible applicant 14
submits a request for a debrief under subpara-15
graph (A), the Secretary shall provide the debrief 16
by not later than 60 days after the date on which 17
the Secretary receives the request for a debrief.’’; 18
and 19
(11) by striking subsection (p) (as so redesig-20
nated) and inserting the following: 21
‘‘(p) REPORTS.— 22
‘‘(1) ANNUAL REPORT.— 23
‘‘(A) IN GENERAL.—Notwithstanding any 24
other provision of law, not later than 30 days 25
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after the date on which the Secretary selects a 1
project for funding under this section, the Sec-2
retary shall submit to the Committee on Envi-3
ronment and Public Works of the Senate and the 4
Committee on Transportation and Infrastructure 5
of the House of Representatives a report that de-6
scribes the reasons for selecting the project, based 7
on any criteria established by the Secretary in 8
accordance with this section. 9
‘‘(B) INCLUSIONS.—The report submitted 10
under subparagraph (A) shall specify each cri-11
terion established by the Secretary that the 12
project meets. 13
‘‘(C) AVAILABILITY.—The Secretary shall 14
make available on the website of the Department 15
of Transportation the report submitted under 16
subparagraph (A). 17
‘‘(D) APPLICABILITY.—This paragraph ap-18
plies to all projects described in subparagraph 19
(A) that the Secretary selects on or after Janu-20
ary 1, 2019. 21
‘‘(2) COMPTROLLER GENERAL.— 22
‘‘(A) ASSESSMENT.—The Comptroller Gen-23
eral of the United States shall conduct an assess-24
ment of the establishment, solicitation, selection, 25
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and justification process with respect to the 1
funding of projects under this section. 2
‘‘(B) REPORT.—Not later than 1 year after 3
the date of enactment of the America’s Transpor-4
tation Infrastructure Act of 2019 and annually 5
thereafter, the Comptroller General of the United 6
States shall submit to the Committee on Envi-7
ronment and Public Works of the Senate and the 8
Committee on Transportation and Infrastructure 9
of the House of Representatives a report that de-10
scribes, for each project selected to receive fund-11
ing under this section— 12
‘‘(i) the process by which each project 13
was selected; 14
‘‘(ii) the factors that went into the se-15
lection of each project; and 16
‘‘(iii) the justification for the selection 17
of each project based on any criteria estab-18
lished by the Secretary in accordance with 19
this section. 20
‘‘(3) INSPECTOR GENERAL.—Not later than 1 21
year after the date of enactment of the America’s 22
Transportation Infrastructure Act of 2019 and annu-23
ally thereafter, the Inspector General of the Depart-24
ment of Transportation shall— 25
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‘‘(A) conduct an assessment of the establish-1
ment, solicitation, selection, and justification 2
process with respect to the funding of projects 3
under this section; and 4
‘‘(B) submit to the Committee on Environ-5
ment and Public Works of the Senate and the 6
Committee on Transportation and Infrastructure 7
of the House of Representatives a final report 8
that describes the findings of the Inspector Gen-9
eral of the Department of Transportation with 10
respect to the assessment conducted under sub-11
paragraph (A). 12
‘‘(q) STATE INCENTIVES PILOT PROGRAM.— 13
‘‘(1) ESTABLISHMENT.—There is established a 14
pilot program to award grants to eligible applicants 15
for projects eligible for grants under this section (re-16
ferred to in this subsection as the ‘pilot program’). 17
‘‘(2) PRIORITY.—In awarding grants under the 18
pilot program, the Secretary shall give priority to an 19
application that offers a greater non-Federal share of 20
the cost of a project relative to other applications 21
under the pilot program. 22
‘‘(3) FEDERAL SHARE.— 23
‘‘(A) IN GENERAL.—Notwithstanding any 24
other provision of law, the Federal share of the 25
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cost of a project assisted with a grant under the 1
pilot program may not exceed 50 percent. 2
‘‘(B) NO FEDERAL INVOLVEMENT.— 3
‘‘(i) IN GENERAL.—For grants award-4
ed under the pilot program, except as pro-5
vided in clause (ii), an eligible applicant 6
may not use Federal assistance to satisfy 7
the non-Federal share of the cost under sub-8
paragraph (A). 9
‘‘(ii) EXCEPTION.—An eligible appli-10
cant may use funds from a secured loan (as 11
defined in section 601(a)) to satisfy the 12
non-Federal share of the cost under sub-13
paragraph (A) if the loan is repayable from 14
non-Federal funds. 15
‘‘(4) RESERVATION.— 16
‘‘(A) IN GENERAL.—Of the amounts made 17
available to provide grants under this section, 18
the Secretary shall reserve for each fiscal year 19
$150,000,000 to provide grants under the pilot 20
program. 21
‘‘(B) UNUTILIZED AMOUNTS.—In any fiscal 22
year during which applications under this sub-23
section are insufficient to effect an award or al-24
location of the entire amount reserved under sub-25
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paragraph (A), the Secretary shall use the unuti-1
lized amounts to provide other grants under this 2
section. 3
‘‘(5) SET-ASIDES.— 4
‘‘(A) SMALL PROJECTS.— 5
‘‘(i) IN GENERAL.—Of the amounts re-6
served under paragraph (4)(A), the Sec-7
retary shall reserve for each fiscal year not 8
less than 10 percent for projects eligible for 9
a grant under subsection (e). 10
‘‘(ii) REQUIREMENT.—For a grant 11
awarded from the amount reserved under 12
clause (i)— 13
‘‘(I) the requirements of subsection 14
(e) shall apply; and 15
‘‘(II) the requirements of sub-16
section (g) shall not apply. 17
‘‘(B) RURAL PROJECTS.— 18
‘‘(i) IN GENERAL.—Of the amounts re-19
served under paragraph (4)(A), the Sec-20
retary shall reserve for each fiscal year not 21
less than 25 percent for projects eligible for 22
a grant under subsection (i). 23
‘‘(ii) REQUIREMENT.—For a grant 24
awarded from the amount reserved under 25
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clause (i), the requirements of subsection (i) 1
shall apply. 2
‘‘(6) REPORT TO CONGRESS.—Not later than 2 3
years after the date of enactment of this subsection, 4
the Secretary shall submit to the Committee on Envi-5
ronment and Public Works of the Senate and the 6
Committee on Transportation and Infrastructure of 7
the House of Representatives a report that describes 8
the administration of the pilot program, including— 9
‘‘(A) the number, types, and locations of eli-10
gible applicants that have applied for grants 11
under the pilot program; 12
‘‘(B) the number, types, and locations of 13
grant recipients under the pilot program; 14
‘‘(C) an assessment of whether implementa-15
tion of the pilot program has incentivized eligi-16
ble applicants to offer a greater non-Federal 17
share for grants under the pilot program; and 18
‘‘(D) any recommendations for modifica-19
tions to the pilot program.’’. 20
(b) EFFICIENT USE OF NON-FEDERAL FUNDS.— 21
(1) IN GENERAL.—Notwithstanding any other 22
provision of law, in the case of a grant described in 23
paragraph (2), section 117(k) of title 23, United 24
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States Code, shall apply to the grant as if the grant 1
was a grant provided under that section. 2
(2) GRANT DESCRIBED.—A grant referred to in 3
paragraph (1) is a grant that is— 4
(A) provided under a competitive discre-5
tionary grant program administered by the Fed-6
eral Highway Administration; 7
(B) for a project eligible under title 23, 8
United States Code; and 9
(C) in an amount greater than $5,000,000. 10
SEC. 1111. HIGHWAY SAFETY IMPROVEMENT PROGRAM. 11
Section 148 of title 23, United States Code, is amend-12
ed— 13
(1) in subsection (a)— 14
(A) in paragraph (4)(B)— 15
(i) in clause (xxviii), by striking 16
‘‘through (xxvii)’’ and inserting ‘‘through 17
(xxviii)’’; 18
(ii) by redesignating clause (xxviii) as 19
clause (xxix); and 20
(iii) by inserting after clause (xxvii) 21
the following: 22
‘‘(xxviii) Leading pedestrian inter-23
vals.’’; 24
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(B) by redesignating paragraphs (10) 1
through (12) as paragraphs (11) through (13), 2
respectively; and 3
(C) by inserting after paragraph (9) the fol-4
lowing: 5
‘‘(10) SAFETY PROJECT UNDER ANY OTHER SEC-6
TION.— 7
‘‘(A) IN GENERAL.—The term ‘safety project 8
under any other section’ means a project carried 9
out for the purpose of safety under any other sec-10
tion of this title. 11
‘‘(B) INCLUSION.—The term ‘safety project 12
under any other section’ includes a project, con-13
sistent with the State strategic highway safety 14
plan, that— 15
‘‘(i) promotes public awareness and in-16
forms the public regarding highway safety 17
matters (including motorcycle safety); 18
‘‘(ii) facilitates enforcement of traffic 19
safety laws; 20
‘‘(iii) provides infrastructure and in-21
frastructure-related equipment to support 22
emergency services; or 23
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‘‘(iv) conducts safety-related research to 1
evaluate experimental safety counter-2
measures or equipment.’’; 3
(2) in subsection (c)(1)(A), by striking ‘‘sub-4
sections (a)(11)’’ and inserting ‘‘subsections (a)(12)’’; 5
(3) in subsection (d)(2)(B)(i), by striking ‘‘sub-6
section (a)(11)’’ and inserting ‘‘subsection (a)(12)’’; 7
and 8
(4) in subsection (e), by adding at the end the 9
following: 10
‘‘(3) FLEXIBLE FUNDING FOR SAFETY PROJECTS 11
UNDER ANY OTHER SECTION.— 12
‘‘(A) IN GENERAL.—To advance the imple-13
mentation of a State strategic highway safety 14
plan, a State may use not more than 25 percent 15
of the amounts apportioned to the State under 16
section 104(b)(3) for a fiscal year to carry out 17
safety projects under any other section. 18
‘‘(B) OTHER TRANSPORTATION AND HIGH-19
WAY SAFETY PLANS.—Nothing in this paragraph 20
requires a State to revise any State process, 21
plan, or program in effect on the date of enact-22
ment of this paragraph.’’. 23
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SEC. 1112. FEDERAL LANDS TRANSPORTATION PROGRAM. 1
Section 203(a) of title 23, United States Code, is 2
amended— 3
(1) in paragraph (1)— 4
(A) in subparagraph (B), by adding ‘‘and’’ 5
at the end; 6
(B) in subparagraph (C), by striking ‘‘; 7
and’’ and inserting a period; and 8
(C) in subparagraph (D), by striking 9
‘‘$10,000,000’’ and inserting ‘‘$20,000,000’’; and 10
(2) by adding at the end the following: 11
‘‘(6) NATIVE PLANT MATERIALS.—In carrying 12
out an activity described in paragraph (1), the entity 13
carrying out the activity shall consider— 14
‘‘(A) the use of locally adapted native plant 15
materials; and 16
‘‘(B) designs that minimize runoff and heat 17
generation.’’. 18
SEC. 1113. FEDERAL LANDS ACCESS PROGRAM. 19
Section 204(a) of title 23, United States Code, is 20
amended— 21
(1) in paragraph (1)(A)— 22
(A) in the matter preceding clause (i), by 23
inserting ‘‘context-sensitive solutions,’’ after ‘‘res-24
toration,’’; 25
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(B) in clause (i), by inserting ‘‘, including 1
interpretive panels in or adjacent to those areas’’ 2
after ‘‘areas’’; 3
(C) in clause (v), by striking ‘‘and’’ at the 4
end; 5
(D) by redesignating clause (vi) as clause 6
(ix); and 7
(E) by inserting after clause (v) the fol-8
lowing: 9
‘‘(vi) contextual wayfinding markers; 10
‘‘(vii) landscaping; 11
‘‘(viii) cooperative mitigation of visual 12
blight, including screening or removal; 13
and’’; and 14
(2) by adding at the end the following: 15
‘‘(6) NATIVE PLANT MATERIALS.—In carrying 16
out an activity described in paragraph (1), the Sec-17
retary shall ensure that the entity carrying out the 18
activity considers— 19
‘‘(A) the use of locally adapted native plant 20
materials; and 21
‘‘(B) designs that minimize runoff and heat 22
generation.’’. 23
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SEC. 1114. NATIONAL HIGHWAY FREIGHT PROGRAM. 1
Section 167 of title 23, United States Code, is amend-2
ed— 3
(1) in subsection (e)— 4
(A) in paragraph (2), by striking ‘‘150 5
miles’’ and inserting ‘‘300 miles’’; and 6
(B) by adding at the end the following: 7
‘‘(3) RURAL STATES.—Notwithstanding para-8
graph (2), a State with a population per square mile 9
of area that is less than the national average, based 10
on the 2010 census, may designate as critical rural 11
freight corridors a maximum of 600 miles of highway 12
or 25 percent of the primary highway freight system 13
mileage in the State, whichever is greater.’’; 14
(2) in subsection (f)(4), by striking ‘‘75 miles’’ 15
and inserting ‘‘150 miles’’; and 16
(3) in subsection (i)(5)(B)— 17
(A) in the matter preceding clause (i), by 18
striking ‘‘10 percent’’ and inserting ‘‘30 per-19
cent’’; 20
(B) in clause (i), by striking ‘‘and’’ at the 21
end; 22
(C) in clause (ii), by striking the period at 23
the end and inserting a semicolon; and 24
(D) by adding at the end the following: 25
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‘‘(iii) for the modernization or reha-1
bilitation of a lock and dam, if the Sec-2
retary determines that the project— 3
‘‘(I) is functionally connected to 4
the National Highway Freight Net-5
work; and 6
‘‘(II) is likely to reduce on-road 7
mobile source emissions; and 8
‘‘(iv) on a marine highway corridor, 9
connector, or crossing designated by the Sec-10
retary under section 55601(c) of title 46 11
(including an inland waterway corridor, 12
connector, or crossing), if the Secretary de-13
termines that the project— 14
‘‘(I) is functionally connected to 15
the National Highway Freight Net-16
work; and 17
‘‘(II) is likely to reduce on-road 18
mobile source emissions.’’. 19
SEC. 1115. CONGESTION MITIGATION AND AIR QUALITY IM-20
PROVEMENT PROGRAM. 21
Section 149 of title 23, United States Code, is amend-22
ed— 23
(1) in subsection (b)— 24
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(A) in the matter preceding paragraph (1), 1
by striking ‘‘subsection (d)’’ and inserting ‘‘sub-2
sections (d) and (m)(1)(B)(ii)’’ 3
(B) in paragraph (8)(B), by striking ‘‘or’’ 4
at the end; 5
(C) in paragraph (9), by striking the period 6
at the end and inserting a semicolon; and 7
(D) by adding at the end the following: 8
‘‘(10) if the project is for the modernization or 9
rehabilitation of a lock and dam that— 10
‘‘(A) is functionally connected to the Fed-11
eral-aid highway system; and 12
‘‘(B) the Secretary determines is likely to 13
contribute to the attainment or maintenance of 14
a national ambient air quality standard; or 15
‘‘(11) if the project is on a marine highway cor-16
ridor, connector, or crossing designated by the Sec-17
retary under section 55601(c) of title 46 (including 18
an inland waterway corridor, connector, or crossing) 19
that— 20
‘‘(A) is functionally connected to the Fed-21
eral-aid highway system; and 22
‘‘(B) the Secretary determines is likely to 23
contribute to the attainment or maintenance of 24
a national ambient air quality standard.’’; 25
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(2) in subsection (c), by adding at the end the 1
following: 2
‘‘(4) LOCKS AND DAMS; MARINE HIGHWAYS.—For 3
each fiscal year, a State may not obligate more than 4
10 percent of the funds apportioned to the State 5
under section 104(b)(4) for projects described in para-6
graphs (10) and (11) of subsection (b).’’; and 7
(3) by striking subsection (m) and inserting the 8
following: 9
‘‘(m) OPERATING ASSISTANCE.— 10
‘‘(1) IN GENERAL.—A State may obligate funds 11
apportioned under section 104(b)(4) in an area of the 12
State that is otherwise eligible for obligations of such 13
funds for operating costs— 14
‘‘(A) under chapter 53 of title 49; or 15
‘‘(B) on— 16
‘‘(i) a system for which CMAQ funding 17
was eligible, made available, obligated, or 18
expended in fiscal year 2012; or 19
‘‘(ii) a State-supported Amtrak route 20
with a valid cost-sharing agreement under 21
section 209 of the Passenger Rail Invest-22
ment and Improvement Act of 2008 (49 23
U.S.C. 24101 note; Public Law 110–432) 24
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and no current nonattainment areas under 1
subsection (d). 2
‘‘(2) NO TIME LIMITATION.—Operating assist-3
ance provided under paragraph (1) shall have no im-4
posed time limitation if the operating assistance is 5
for— 6
‘‘(A) a route described in subparagraph 7
(B)(ii) of that paragraph; or 8
‘‘(B) a transit system that is located in— 9
‘‘(i) a non-urbanized area; or 10
‘‘(ii) an urbanized area with a popu-11
lation of 200,000 or fewer.’’. 12
SEC. 1116. NATIONAL SCENIC BYWAYS PROGRAM. 13
(a) REQUEST FOR NOMINATIONS.—Not later than 90 14
days after the date of enactment of this Act, the Secretary 15
shall issue a request for nominations with respect to roads 16
to be designated under the national scenic byways program, 17
as described in section 162(a) of title 23, United States 18
Code. The Secretary shall make the request for nominations 19
available on the appropriate website of the Department. 20
(b) DESIGNATION DETERMINATIONS.—Not later than 21
1 year after the date on which the request for nominations 22
required under subsection (a) is issued, the Secretary shall 23
make publicly available on the appropriate website of the 24
Department a list specifying the roads, nominated pursu-25
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ant to such request, to be designated under the national sce-1
nic byways program. 2
SEC. 1117. ALASKA HIGHWAY. 3
Section 218 of title 23, United States Code, is amended 4
to read as follows: 5
‘‘§ 218. Alaska Highway 6
‘‘(a) Recognizing the benefits that will accrue to the 7
State of Alaska and to the United States from the recon-8
struction of the Alaska Highway from the Alaskan border 9
at Beaver Creek, Yukon Territory, to Haines Junction in 10
Canada and the Haines Cutoff Highway from Haines 11
Junction in Canada to Haines, Alaska, the Secretary may 12
provide for the necessary reconstruction of the highway 13
using funds awarded through an applicable competitive 14
grant program, if the highway meets all applicable eligi-15
bility requirements for the program, except for the specific 16
requirements established by the agreement for the Alaska 17
Highway Project between the Government of the United 18
States and the Government of Canada. In addition to the 19
funds described in the previous sentence, notwithstanding 20
any other provision of law and on agreement with the State 21
of Alaska, the Secretary is authorized to expend on such 22
highway or the Alaska Marine Highway System any Fed-23
eral-aid highway funds apportioned to the State of Alaska 24
under this title at a Federal share of 100 per centum. No 25
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expenditures shall be made for the construction of the por-1
tion of such highways that are in Canada unless an agree-2
ment is in place between the Government of Canada and 3
the Government of the United States (including an agree-4
ment in existence on the date of enactment of the America’s 5
Transportation Infrastructure Act of 2019) that provides, 6
in part, that the Canadian Government— 7
‘‘(1) will provide, without participation of funds 8
authorized under this title, all necessary right-of-way 9
for the reconstruction of such highways; 10
‘‘(2) will not impose any highway toll, or permit 11
any such toll to be charged for the use of such high-12
ways by vehicles or persons; 13
‘‘(3) will not levy or assess, directly or indi-14
rectly, any fee, tax, or other charge for the use of such 15
highways by vehicles or persons from the United 16
States that does not apply equally to vehicles or per-17
sons of Canada; 18
‘‘(4) will continue to grant reciprocal recognition 19
of vehicle registration and driver’s licenses in accord-20
ance with agreements between the United States and 21
Canada; and 22
‘‘(5) will maintain such highways after their 23
completion in proper condition adequately to serve 24
the needs of present and future traffic. 25
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‘‘(b) The survey and construction work undertaken in 1
Canada pursuant to this section shall be under the general 2
supervision of the Secretary. 3
‘‘(c) For purposes of this section, the term ‘Alaska Ma-4
rine Highway System’ includes all existing or planned 5
transportation facilities and equipment in Alaska, includ-6
ing the lease, purchase, or construction of vessels, terminals, 7
docks, floats, ramps, staging areas, parking lots, bridges 8
and approaches thereto, and necessary roads.’’. 9
SEC. 1118. TOLL ROADS, BRIDGES, TUNNELS, AND FERRIES. 10
Section 129(c) of title 23, United States Code, is 11
amended in the matter preceding paragraph (1) by striking 12
‘‘the construction of ferry boats and ferry terminal facili-13
ties, whether toll or free,’’ and inserting ‘‘the construction 14
of ferry boats and ferry terminal facilities (including ferry 15
maintenance facilities), whether toll or free, and the pro-16
curement of transit vehicles used exclusively as an integral 17
part of an intermodal ferry trip,’’. 18
SEC. 1119. BRIDGE INVESTMENT PROGRAM. 19
(a) IN GENERAL.—Chapter 1 of title 23, United States 20
Code, is amended by inserting after section 123 the fol-21
lowing: 22
‘‘§ 124. Bridge investment program 23
‘‘(a) DEFINITIONS.—In this section: 24
‘‘(1) ELIGIBLE PROJECT.— 25
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‘‘(A) IN GENERAL.—The term ‘eligible 1
project’ means a project to replace, rehabilitate, 2
preserve, or protect 1 or more bridges on the Na-3
tional Bridge Inventory under section 144(b). 4
‘‘(B) INCLUSIONS.—The term ‘eligible 5
project’ includes— 6
‘‘(i) a bundle of projects described in 7
subparagraph (A), regardless of whether the 8
bundle of projects meets the requirements of 9
section 144(j)(5); and 10
‘‘(ii) a project to replace or rehabilitate 11
culverts for the purpose of improving flood 12
control and improved habitat connectivity 13
for aquatic species. 14
‘‘(2) LARGE PROJECT.—The term ‘large project’ 15
means an eligible project with total eligible project 16
costs of greater than $100,000,000. 17
‘‘(3) PROGRAM.—The term ‘program’ means the 18
bridge investment program established by subsection 19
(b)(1). 20
‘‘(b) ESTABLISHMENT OF BRIDGE INVESTMENT PRO-21
GRAM.— 22
‘‘(1) IN GENERAL.—There is established a bridge 23
investment program to provide financial assistance 24
for eligible projects under this section. 25
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‘‘(2) GOALS.—The goals of the program shall 1
be— 2
‘‘(A) to improve the safety, efficiency, and 3
reliability of the movement of people and freight 4
over bridges; 5
‘‘(B) to improve the condition of bridges in 6
the United States by reducing— 7
‘‘(i) the number of bridges— 8
‘‘(I) in poor condition; or 9
‘‘(II) in fair condition and at risk 10
of falling into poor condition within 11
the next 3 years; 12
‘‘(ii) the total person miles traveled 13
over bridges— 14
‘‘(I) in poor condition; or 15
‘‘(II) in fair condition and at risk 16
of falling into poor condition within 17
the next 3 years; 18
‘‘(iii) the number of bridges that— 19
‘‘(I) do not meet current geometric 20
design standards; or 21
‘‘(II) cannot meet the load and 22
traffic requirements typical of the re-23
gional transportation network; and 24
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‘‘(iv) the total person miles traveled 1
over bridges that— 2
‘‘(I) do not meet current geometric 3
design standards; or 4
‘‘(II) cannot meet the load and 5
traffic requirements typical of the re-6
gional transportation network; and 7
‘‘(C) to provide financial assistance that 8
leverages and encourages non-Federal contribu-9
tions from sponsors and stakeholders involved in 10
the planning, design, and construction of eligible 11
projects. 12
‘‘(c) GRANT AUTHORITY.— 13
‘‘(1) IN GENERAL.—In carrying out the pro-14
gram, the Secretary may award grants, on a competi-15
tive basis, in accordance with this section. 16
‘‘(2) GRANT AMOUNTS.—Except as otherwise pro-17
vided, a grant under the program shall be— 18
‘‘(A) in the case of a large project, in an 19
amount that is— 20
‘‘(i) adequate to fully fund the project 21
(in combination with other financial re-22
sources identified in the application); and 23
‘‘(ii) not less than $50,000,000; and 24
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‘‘(B) in the case of any other eligible 1
project, in an amount that is— 2
‘‘(i) adequate to fully fund the project 3
(in combination with other financial re-4
sources identified in the application); and 5
‘‘(ii) not less than $2,500,000. 6
‘‘(3) MAXIMUM AMOUNT.—Except as otherwise 7
provided, for an eligible project receiving assistance 8
under the program, the amount of assistance provided 9
by the Secretary under this section, as a share of eli-10
gible project costs, shall be— 11
‘‘(A) in the case of a large project, not more 12
than 50 percent; and 13
‘‘(B) in the case of any other eligible 14
project, not more than 80 percent. 15
‘‘(4) FEDERAL SHARE.— 16
‘‘(A) MAXIMUM FEDERAL INVOLVEMENT.— 17
Federal assistance other than a grant under the 18
program may be used to satisfy the non-Federal 19
share of the cost of a project for which a grant 20
is made, except that the total Federal assistance 21
provided for a project receiving a grant under 22
the program may not exceed the Federal share 23
for the project under section 120. 24
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‘‘(B) OFF-SYSTEM BRIDGES.—In the case of 1
an eligible project for an off-system bridge (as 2
defined in section 133(f)(1))— 3
‘‘(i) Federal assistance other than a 4
grant under the program may be used to 5
satisfy the non-Federal share of the cost of 6
a project; and 7
‘‘(ii) notwithstanding subparagraph 8
(A), the total Federal assistance provided 9
for the project shall not exceed 90 percent of 10
the total eligible project costs. 11
‘‘(C) FEDERAL LAND MANAGEMENT AGEN-12
CIES AND TRIBAL GOVERNMENTS.—Notwith-13
standing any other provision of law, Federal 14
funds other than Federal funds made available 15
under this section may be used to pay the re-16
maining share of the cost of a project under the 17
program by a Federal land management agency 18
or a Tribal government or consortium of Tribal 19
governments. 20
‘‘(5) CONSIDERATIONS.— 21
‘‘(A) IN GENERAL.—In awarding grants 22
under the program, the Secretary shall con-23
sider— 24
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‘‘(i) in the case of a large project, the 1
ratings assigned under subsection (g)(5)(A); 2
‘‘(ii) in the case of an eligible project 3
other than a large project, the quality rat-4
ing assigned under subsection (f)(3)(A)(ii); 5
‘‘(iii) the average daily person and 6
freight throughput supported by the eligible 7
project; 8
‘‘(iv) the number and percentage of 9
bridges within the same State as the eligible 10
project that are in poor condition; 11
‘‘(v) the extent to which the eligible 12
project demonstrates cost savings by bun-13
dling multiple bridge projects; 14
‘‘(vi) in the case of an eligible project 15
of a Federal land management agency, the 16
extent to which the grant would reduce a 17
Federal liability or Federal infrastructure 18
maintenance backlog; 19
‘‘(vii) geographic diversity among 20
grant recipients, including the need for a 21
balance between the needs of rural and 22
urban communities; and 23
‘‘(viii) the extent to which a bridge 24
that would be assisted with a grant— 25
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‘‘(I) is, without that assistance— 1
‘‘(aa) at risk of falling into 2
or remaining in poor condition; 3
or 4
‘‘(bb) in fair condition and 5
at risk of falling into poor condi-6
tion within the next 3 years; 7
‘‘(II) does not meet current geo-8
metric design standards based on— 9
‘‘(aa) the current use of the 10
bridge; or 11
‘‘(bb) load and traffic re-12
quirements typical of the regional 13
corridor or local network in which 14
the bridge is located; or 15
‘‘(III) does not meet current seis-16
mic design standards. 17
‘‘(B) REQUIREMENT.—The Secretary 18
shall— 19
‘‘(i) give priority to an application for 20
an eligible project that is located within a 21
State for which— 22
‘‘(I) 2 or more applications for el-23
igible projects within the State were 24
submitted for the current fiscal year 25
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and an average of 2 or more applica-1
tions for eligible projects within the 2
State were submitted in prior fiscal 3
years of the program; and 4
‘‘(II) fewer than 2 grants have 5
been awarded for eligible projects with-6
in the State under the program; 7
‘‘(ii) during the period of fiscal years 8
2021 through 2025, for each State described 9
in clause (i), select— 10
‘‘(I) not fewer than 1 large project 11
that the Secretary determines is justi-12
fied under the evaluation under sub-13
section (g)(4); or 14
‘‘(II) 2 eligible projects that are 15
not large projects that the Secretary 16
determines are justified under the eval-17
uation under subsection (f)(3); and 18
‘‘(iii) not be required to award a grant 19
for an eligible project that the Secretary 20
does not determine is justified under an 21
evaluation under subsection (f)(3) or (g)(4). 22
‘‘(6) CULVERT LIMITATION.—Not more than 5 23
percent of the amounts made available for each fiscal 24
year for grants under the program may be used for 25
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eligible projects that consist solely of culvert replace-1
ment or rehabilitation. 2
‘‘(d) ELIGIBLE ENTITY.—The Secretary may make a 3
grant under the program to any of the following: 4
‘‘(1) A State or a group of States. 5
‘‘(2) A metropolitan planning organization that 6
serves an urbanized area (as designated by the Bu-7
reau of the Census) with a population of over 8
200,000. 9
‘‘(3) A unit of local government or a group of 10
local governments. 11
‘‘(4) A political subdivision of a State or local 12
government. 13
‘‘(5) A special purpose district or public author-14
ity with a transportation function. 15
‘‘(6) A Federal land management agency. 16
‘‘(7) A Tribal government or a consortium of 17
Tribal governments. 18
‘‘(8) A multistate or multijurisdictional group of 19
entities described in paragraphs (1) through (7). 20
‘‘(e) ELIGIBLE PROJECT REQUIREMENTS.—The Sec-21
retary may make a grant under the program only to an 22
eligible entity for an eligible project that— 23
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‘‘(1) in the case of a large project, the Secretary 1
recommends for funding in the annual report on 2
funding recommendations under subsection (g)(6); 3
‘‘(2) is reasonably expected to begin construction 4
not later than 18 months after the date on which 5
funds are obligated for the project; and 6
‘‘(3) is based on the results of preliminary engi-7
neering. 8
‘‘(f) COMPETITIVE PROCESS AND EVALUATION OF ELI-9
GIBLE PROJECTS OTHER THAN LARGE PROJECTS.— 10
‘‘(1) COMPETITIVE PROCESS.— 11
‘‘(A) IN GENERAL.—The Secretary shall— 12
‘‘(i) for the first fiscal year for which 13
funds are made available for obligation 14
under the program, not later than 60 days 15
after the date on which the template under 16
subparagraph (B)(i) is developed, and in 17
subsequent fiscal years, not later than 60 18
days after the date on which amounts are 19
made available for obligation under the pro-20
gram, solicit grant applications for eligible 21
projects other than large projects; and 22
‘‘(ii) not later than 120 days after the 23
date on which the solicitation under clause 24
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(i) expires, conduct evaluations under para-1
graph (3). 2
‘‘(B) REQUIREMENTS.—In carrying out 3
subparagraph (A), the Secretary shall— 4
‘‘(i) develop a template for applicants 5
to use to summarize project needs and bene-6
fits, including benefits described in para-7
graph (3)(B)(i); and 8
‘‘(ii) enable applicants to use data 9
from the National Bridge Inventory under 10
section 144(b) to populate templates de-11
scribed in clause (i), as applicable. 12
‘‘(2) APPLICATIONS.—An eligible entity shall 13
submit to the Secretary an application at such time, 14
in such manner, and containing such information as 15
the Secretary may require. 16
‘‘(3) EVALUATION.— 17
‘‘(A) IN GENERAL.—Prior to providing a 18
grant under this subsection, the Secretary 19
shall— 20
‘‘(i) conduct an evaluation of each eli-21
gible project for which an application is re-22
ceived under this subsection; and 23
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‘‘(ii) assign a quality rating to the eli-1
gible project on the basis of the evaluation 2
under clause (i). 3
‘‘(B) REQUIREMENTS.—In carrying out an 4
evaluation under subparagraph (A), the Sec-5
retary shall— 6
‘‘(i) consider information on project 7
benefits submitted by the applicant using 8
the template developed under paragraph 9
(1)(B)(i), including whether the project will 10
generate, as determined by the Secretary— 11
‘‘(I) costs avoided by the preven-12
tion of closure or reduced use of the 13
bridge to be improved by the project; 14
‘‘(II) in the case of a bundle of 15
projects, benefits from executing the 16
projects as a bundle compared to as in-17
dividual projects; 18
‘‘(III) safety benefits, including 19
the reduction of accidents and related 20
costs; 21
‘‘(IV) person and freight mobility 22
benefits, including congestion reduction 23
and reliability improvements; 24
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‘‘(V) national or regional eco-1
nomic benefits; 2
‘‘(VI) benefits from long-term re-3
siliency to extreme weather events, 4
flooding, or other natural disasters; 5
‘‘(VII) benefits from protection (as 6
described in section 133(b)(10)), in-7
cluding improving seismic or scour 8
protection; 9
‘‘(VIII) environmental benefits, 10
including wildlife connectivity; 11
‘‘(IX) benefits to nonvehicular and 12
public transportation users; 13
‘‘(X) benefits of using— 14
‘‘(aa) innovative design and 15
construction techniques; or 16
‘‘(bb) innovative technologies; 17
or 18
‘‘(XI) reductions in maintenance 19
costs, including, in the case of a feder-20
ally-owned bridge, cost savings to the 21
Federal budget; and 22
‘‘(ii) consider whether and the extent to 23
which the benefits, including the benefits de-24
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scribed in clause (i), are more likely than 1
not to outweigh the total project costs. 2
‘‘(g) COMPETITIVE PROCESS, EVALUATION, AND AN-3
NUAL REPORT FOR LARGE PROJECTS.— 4
‘‘(1) IN GENERAL.—The Secretary shall establish 5
an annual date by which an eligible entity submit-6
ting an application for a large project shall submit 7
to the Secretary such information as the Secretary 8
may require, including information described in 9
paragraph (2), in order for a large project to be con-10
sidered for a recommendation by the Secretary for 11
funding in the next annual report under paragraph 12
(6). 13
‘‘(2) INFORMATION REQUIRED.—The information 14
referred to in paragraph (1) includes— 15
‘‘(A) all necessary information required for 16
the Secretary to evaluate the large project; and 17
‘‘(B) information sufficient for the Sec-18
retary to determine that— 19
‘‘(i) the large project meets the applica-20
ble requirements under this section; and 21
‘‘(ii) there is a reasonable likelihood 22
that the large project will continue to meet 23
the requirements under this section. 24
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‘‘(3) DETERMINATION; NOTICE.—On making a 1
determination that information submitted to the Sec-2
retary under paragraph (1) is sufficient, the Sec-3
retary shall provide a written notice of that deter-4
mination to— 5
‘‘(A) the eligible entity that submitted the 6
application; 7
‘‘(B) the Committee on Environment and 8
Public Works of the Senate; and 9
‘‘(C) the Committee on Transportation and 10
Infrastructure of the House of Representatives. 11
‘‘(4) EVALUATION.—The Secretary may rec-12
ommend a large project for funding in the annual re-13
port under paragraph (6) only if the Secretary evalu-14
ates the proposed project and determines that the 15
project is justified because the project— 16
‘‘(A) addresses a need to improve the condi-17
tion of the bridge, as determined by the Sec-18
retary, consistent with the goals of the program 19
under subsection (b)(2); 20
‘‘(B) will generate, as determined by the 21
Secretary— 22
‘‘(i) costs avoided by the prevention of 23
closure or reduced use of the bridge to be 24
improved by the project; 25
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‘‘(ii) in the case of a bundle of projects, 1
benefits from executing the projects as a 2
bundle compared to as individual projects; 3
‘‘(iii) safety benefits, including the re-4
duction of accidents and related costs; 5
‘‘(iv) person and freight mobility bene-6
fits, including congestion reduction and re-7
liability improvements; 8
‘‘(v) national or regional economic 9
benefits; 10
‘‘(vi) benefits from long-term resiliency 11
to extreme weather events, flooding, or other 12
natural disasters; 13
‘‘(vii) benefits from protection (as de-14
scribed in section 133(b)(10)), including 15
improving seismic or scour protection; 16
‘‘(viii) environmental benefits, includ-17
ing wildlife connectivity; 18
‘‘(ix) benefits to nonvehicular and pub-19
lic transportation users; 20
‘‘(x) benefits of using— 21
‘‘(I) innovative design and con-22
struction techniques; or 23
‘‘(II) innovative technologies; or 24
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‘‘(xi) reductions in maintenance costs, 1
including, in the case of a federally-owned 2
bridge, cost savings to the Federal budget; 3
‘‘(C) is cost effective based on an analysis of 4
whether the benefits and avoided costs described 5
in subparagraph (B) are expected to outweigh 6
the project costs; 7
‘‘(D) is supported by other Federal or non- 8
Federal financial commitments or revenues ade-9
quate to fund ongoing maintenance and preser-10
vation; and 11
‘‘(E) is consistent with the objectives of an 12
applicable asset management plan of the project 13
sponsor, including a State asset management 14
plan under section 119(e) in the case of a project 15
on the National Highway System that is spon-16
sored by a State. 17
‘‘(5) RATINGS.— 18
‘‘(A) IN GENERAL.—The Secretary shall de-19
velop a methodology to evaluate and rate a large 20
project on a 5-point scale (the points of which 21
include ‘high’, ‘medium-high’, ‘medium’, ‘me-22
dium-low’, and ‘low’) for each of— 23
‘‘(i) paragraph (4)(B); 24
‘‘(ii) paragraph (4)(C); and 25
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‘‘(iii) paragraph (4)(D). 1
‘‘(B) REQUIREMENT.—To be considered jus-2
tified and receive a recommendation for funding 3
in the annual report under paragraph (6), a 4
project shall receive a rating of not less than 5
‘medium’ for each rating required under sub-6
paragraph (A). 7
‘‘(6) ANNUAL REPORT ON FUNDING REC-8
OMMENDATIONS FOR LARGE PROJECTS.— 9
‘‘(A) IN GENERAL.—Not later than the first 10
Monday in February of each year, the Secretary 11
shall submit to the Committees on Transpor-12
tation and Infrastructure and Appropriations of 13
the House of Representatives and the Committees 14
on Environment and Public Works and Appro-15
priations of the Senate a report that includes— 16
‘‘(i) a list of large projects that have 17
requested a recommendation for funding 18
under a new grant agreement from funds 19
anticipated to be available to carry out this 20
subsection in the next fiscal year; 21
‘‘(ii) the evaluation under paragraph 22
(4) and ratings under paragraph (5) for 23
each project referred to in clause (i); 24
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‘‘(iii) the grant amounts that the Sec-1
retary recommends providing to large 2
projects in the next fiscal year, including— 3
‘‘(I) scheduled payments under 4
previously signed multiyear grant 5
agreements under subsection (j); 6
‘‘(II) payments for new grant 7
agreements, including single-year 8
grant agreements and multiyear grant 9
agreements; and 10
‘‘(III) a description of how 11
amounts anticipated to be available for 12
the program from the Highway Trust 13
Fund for that fiscal year will be dis-14
tributed; and 15
‘‘(iv) for each project for which the Sec-16
retary recommends a new multiyear grant 17
agreement under subsection (j), the proposed 18
payout schedule for the project. 19
‘‘(B) LIMITATIONS.— 20
‘‘(i) IN GENERAL.—The Secretary shall 21
not recommend in an annual report under 22
this paragraph a new multiyear grant 23
agreement provided from funds from the 24
Highway Trust Fund unless the Secretary 25
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determines that the project can be completed 1
using funds that are anticipated to be 2
available from the Highway Trust Fund in 3
future fiscal years. 4
‘‘(ii) GENERAL FUND PROJECTS.—The 5
Secretary— 6
‘‘(I) may recommend for funding 7
in an annual report under this para-8
graph a large project using funds from 9
the general fund of the Treasury; but 10
‘‘(II) shall not execute a grant 11
agreement for that project unless— 12
‘‘(aa) funds other than from 13
the Highway Trust Fund have 14
been made available for the 15
project; and 16
‘‘(bb) the Secretary deter-17
mines that the project can be com-18
pleted using funds other than 19
from the Highway Trust Fund 20
that are anticipated to be avail-21
able in future fiscal years. 22
‘‘(C) CONSIDERATIONS.—In selecting 23
projects to recommend for funding in the annual 24
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report under this paragraph, the Secretary 1
shall— 2
‘‘(i) consider the amount of funds 3
available in future fiscal years for 4
multiyear grant agreements as described in 5
subparagraph (B); and 6
‘‘(ii) assume the availability of funds 7
in future fiscal years for multiyear grant 8
agreements that extend beyond the period of 9
authorization based on the amount made 10
available for large projects under the pro-11
gram in the last fiscal year of the period of 12
authorization. 13
‘‘(D) PROJECT DIVERSITY.—In selecting 14
projects to recommend for funding in the annual 15
report under this paragraph, the Secretary shall 16
ensure diversity among projects recommended 17
based on— 18
‘‘(i) the amount of the grant requested; 19
and 20
‘‘(ii) grants for an eligible project for 21
1 bridge compared to an eligible project that 22
is a bundle of projects. 23
‘‘(h) ELIGIBLE PROJECT COSTS.—A grant received for 24
an eligible project under the program may be used for— 25
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O:\EDW\EDW19897.xml [file 3 of 5] S.L.C.
‘‘(1) development phase activities, including 1
planning, feasibility analysis, revenue forecasting, en-2
vironmental review, preliminary engineering and de-3
sign work, and other preconstruction activities; 4
‘‘(2) construction, reconstruction, rehabilitation, 5
acquisition of real property (including land related to 6
the project and improvements to the land), environ-7
mental mitigation, construction contingencies, acqui-8
sition of equipment, and operational improvements 9
directly related to improving system performance; 10
and 11
‘‘(3) expenses related to the protection (as de-12
scribed in section 133(b)(10)) of a bridge, including 13
seismic or scour protection. 14
‘‘(i) TIFIA PROGRAM.—On the request of an eligible 15
entity carrying out an eligible project, the Secretary may 16
use amounts awarded to the entity to pay subsidy and ad-17
ministrative costs necessary to provide to the entity Federal 18
credit assistance under chapter 6 with respect to the eligible 19
project for which the grant was awarded. 20
‘‘(j) MULTIYEAR GRANT AGREEMENTS FOR LARGE 21
PROJECTS.— 22
‘‘(1) IN GENERAL.—A large project that receives 23
a grant under the program in an amount of not less 24
than $100,000,000 may be carried out through a 25
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multiyear grant agreement in accordance with this 1
subsection. 2
‘‘(2) REQUIREMENTS.—A multiyear grant agree-3
ment for a large project described in paragraph (1) 4
shall— 5
‘‘(A) establish the terms of participation by 6
the Federal Government in the project; 7
‘‘(B) establish the maximum amount of 8
Federal financial assistance for the project in ac-9
cordance with paragraphs (3) and (4) of sub-10
section (c); 11
‘‘(C) establish a payout schedule for the 12
project that provides for disbursement of the full 13
grant amount by not later than 4 fiscal years 14
after the fiscal year in which the initial amount 15
is provided; 16
‘‘(D) determine the period of time for com-17
pleting the project, even if that period extends be-18
yond the period of an authorization; and 19
‘‘(E) attempt to improve timely and effi-20
cient management of the project, consistent with 21
all applicable Federal laws (including regula-22
tions). 23
‘‘(3) SPECIAL FINANCIAL RULES.— 24
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O:\EDW\EDW19897.xml [file 3 of 5] S.L.C.
‘‘(A) IN GENERAL.—A multiyear grant 1
agreement under this subsection— 2
‘‘(i) shall obligate an amount of avail-3
able budget authority specified in law; and 4
‘‘(ii) may include a commitment, con-5
tingent on amounts to be specified in law in 6
advance for commitments under this para-7
graph, to obligate an additional amount 8
from future available budget authority spec-9
ified in law. 10
‘‘(B) STATEMENT OF CONTINGENT COMMIT-11
MENT.—The agreement shall state that the con-12
tingent commitment is not an obligation of the 13
Federal Government. 14
‘‘(C) INTEREST AND OTHER FINANCING 15
COSTS.— 16
‘‘(i) IN GENERAL.—Interest and other 17
financing costs of carrying out a part of the 18
project within a reasonable time shall be 19
considered a cost of carrying out the project 20
under a multiyear grant agreement, except 21
that eligible costs may not be more than the 22
cost of the most favorable financing terms 23
reasonably available for the project at the 24
time of borrowing. 25
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‘‘(ii) CERTIFICATION.—The applicant 1
shall certify to the Secretary that the appli-2
cant has shown reasonable diligence in seek-3
ing the most favorable financing terms. 4
‘‘(4) ADVANCE PAYMENT.—Notwithstanding any 5
other provision of law, an eligible entity carrying out 6
a large project under a multiyear grant agreement— 7
‘‘(A) may use funds made available to the 8
eligible entity under this title for eligible project 9
costs of the large project until the amount speci-10
fied in the multiyear grant agreement for the 11
project for that fiscal year becomes available for 12
obligation; and 13
‘‘(B) if the eligible entity uses funds as de-14
scribed in subparagraph (A), the funds used 15
shall be reimbursed from the amount made avail-16
able under the multiyear grant agreement for the 17
project. 18
‘‘(k) UNDERTAKING PARTS OF PROJECTS IN ADVANCE 19
UNDER LETTERS OF NO PREJUDICE.— 20
‘‘(1) IN GENERAL.—The Secretary may pay to 21
an applicant all eligible project costs under the pro-22
gram, including costs for an activity for an eligible 23
project incurred prior to the date on which the project 24
receives funding under the program if— 25
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‘‘(A) before the applicant carries out the ac-1
tivity, the Secretary approves through a letter to 2
the applicant the activity in the same manner as 3
the Secretary approves other activities as eligible 4
under the program; 5
‘‘(B) a record of decision, a finding of no 6
significant impact, or a categorical exclusion 7
under the National Environmental Policy Act of 8
1969 (42 U.S.C. 4321 et seq.) has been issued for 9
the eligible project; and 10
‘‘(C) the activity is carried out without 11
Federal assistance and in accordance with all 12
applicable procedures and requirements. 13
‘‘(2) INTEREST AND OTHER FINANCING COSTS.— 14
‘‘(A) IN GENERAL.—For purposes of para-15
graph (1), the cost of carrying out an activity 16
for an eligible project includes the amount of in-17
terest and other financing costs, including any 18
interest earned and payable on bonds, to the ex-19
tent interest and other financing costs are ex-20
pended in carrying out the activity for the eligi-21
ble project, except that interest and other financ-22
ing costs may not be more than the cost of the 23
most favorable financing terms reasonably avail-24
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able for the eligible project at the time of bor-1
rowing. 2
‘‘(B) CERTIFICATION.—The applicant shall 3
certify to the Secretary that the applicant has 4
shown reasonable diligence in seeking the most 5
favorable financing terms under subparagraph 6
(A). 7
‘‘(3) NO OBLIGATION OR INFLUENCE ON REC-8
OMMENDATIONS.—An approval by the Secretary 9
under paragraph (1)(A) shall not— 10
‘‘(A) constitute an obligation of the Federal 11
Government; or 12
‘‘(B) alter or influence any evaluation 13
under subsection (f)(3)(A)(i) or (g)(4) or any 14
recommendation by the Secretary for funding 15
under the program. 16
‘‘(l) FEDERALLY-OWNED BRIDGES.— 17
‘‘(1) DIVESTITURE CONSIDERATION.—In the case 18
of a bridge owned by a Federal land management 19
agency for which that agency applies for a grant 20
under the program, the agency— 21
‘‘(A) shall consider options to divest the 22
bridge to a State or local entity after completion 23
of the project; and 24
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‘‘(B) may apply jointly with the State or 1
local entity to which the bridge may be divested. 2
‘‘(2) TREATMENT.—Notwithstanding any other 3
provision of law, section 129 shall apply to a bridge 4
that was previously owned by a Federal land man-5
agement agency and has been transferred to a non- 6
Federal entity under paragraph (1) in the same man-7
ner as if the bridge was never federally owned. 8
‘‘(m) CONGRESSIONAL NOTIFICATION.—Not later than 9
30 days before making a grant for an eligible project under 10
the program, the Secretary shall submit to the Committee 11
on Transportation and Infrastructure of the House of Rep-12
resentatives and the Committee on Environment and Public 13
Works of the Senate a written notification of the proposed 14
grant that includes— 15
‘‘(1) an evaluation and justification for the eligi-16
ble project; and 17
‘‘(2) the amount of the proposed grant. 18
‘‘(n) REPORTS.— 19
‘‘(1) ANNUAL REPORT.—Not later than August 1 20
of each fiscal year, the Secretary shall make available 21
on the website of the Department of Transportation 22
an annual report that lists each eligible project for 23
which a grant has been provided under the program 24
during the fiscal year. 25
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‘‘(2) GAO ASSESSMENT AND REPORT.—Not later 1
than 3 years after the date of enactment of the Amer-2
ica’s Transportation Infrastructure Act of 2019, the 3
Comptroller General of the United States shall— 4
‘‘(A) conduct an assessment of the adminis-5
trative establishment, solicitation, selection, and 6
justification process with respect to the funding 7
of grants under the program; and 8
‘‘(B) submit to the Committee on Transpor-9
tation and Infrastructure of the House of Rep-10
resentatives and the Committee on Environment 11
and Public Works of the Senate a report that de-12
scribes— 13
‘‘(i) the adequacy and fairness of the 14
process under which each eligible project 15
that received a grant under the program 16
was selected; and 17
‘‘(ii) the justification and criteria used 18
for the selection of each eligible project. 19
‘‘(o) LIMITATION.— 20
‘‘(1) LARGE PROJECTS.—Of the amounts made 21
available out of the Highway Trust Fund (other than 22
the Mass Transit Account) to carry out this section 23
for each of fiscal years 2021 through 2025, not less 24
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than 50 percent, in aggregate, shall be used for large 1
projects. 2
‘‘(2) UNUTILIZED AMOUNTS.—If, in fiscal year 3
2025, the Secretary determines that grants under the 4
program will not allow for the requirement under 5
paragraph (1) to be met, the Secretary shall use the 6
unutilized amounts to make other grants under the 7
program during that fiscal year. 8
‘‘(p) TRIBAL TRANSPORTATION FACILITY BRIDGE SET 9
ASIDE.— 10
‘‘(1) IN GENERAL.—Of the amounts made avail-11
able from the Highway Trust Fund (other than the 12
Mass Transit Account) for a fiscal year to carry out 13
this section, the Secretary shall use, to carry out sec-14
tion 202(d)— 15
‘‘(A) $16,000,000 for fiscal year 2021; 16
‘‘(B) $18,000,000 for fiscal year 2022; 17
‘‘(C) $20,000,000 for fiscal year 2023; 18
‘‘(D) $22,000,000 for fiscal year 2024; and 19
‘‘(E) $24,000,000 for fiscal year 2025. 20
‘‘(2) TREATMENT.—For purposes of section 201, 21
funds made available for section 202(d) under para-22
graph (1) shall be considered to be part of the tribal 23
transportation program.’’. 24
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(b) CLERICAL AMENDMENT.—The analysis for chapter 1
1 of title 23, United States Code, is amended by inserting 2
after the item relating to section 123 the following: 3
‘‘124. Bridge investment program.’’.
SEC. 1120. SAFE ROUTES TO SCHOOL PROGRAM. 4
Section 1404 of SAFETEA–LU (23 U.S.C. 402 note; 5
Public Law 109–59) is amended— 6
(1) in subsection (a), by striking ‘‘primary and 7
middle’’ and inserting ‘‘primary, middle, and high’’; 8
and 9
(2) in subsection (k)(2)— 10
(A) in the heading, by striking ‘‘PRIMARY 11
AND MIDDLE’’ and inserting ‘‘PRIMARY, MIDDLE, 12
AND HIGH’’; 13
(B) by striking ‘‘primary and middle’’ and 14
inserting ‘‘primary, middle, and high’’; and 15
(C) by striking ‘‘eighth grade’’ and insert-16
ing ‘‘12th grade’’. 17
SEC. 1121. HIGHWAY USE TAX EVASION PROJECTS. 18
Section 143(b)(2)(A) of title 23, United States Code, 19
is amended by striking ‘‘fiscal years 2016 through 2020’’ 20
and inserting ‘‘fiscal years 2021 through 2025’’. 21
SEC. 1122. CONSTRUCTION OF FERRY BOATS AND FERRY 22
TERMINAL FACILITIES. 23
Section 147 of title 23, United States Code, is amended 24
by striking subsection (h) and inserting the following: 25
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‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There is 1
authorized to be appropriated out of the Highway Trust 2
Fund (other than the Mass Transit Account) to carry out 3
this section— 4
‘‘(1) $86,000,000 for fiscal year 2021; 5
‘‘(2) $87,000,000 for fiscal year 2022; 6
‘‘(3) $88,000,000 for fiscal year 2023; 7
‘‘(4) $89,000,000 for fiscal year 2024; and 8
‘‘(5) $90,000,000 for fiscal year 2025.’’. 9
SEC. 1123. BALANCE EXCHANGES FOR INFRASTRUCTURE 10
PROGRAM. 11
(a) IN GENERAL.—Chapter 1 of title 23, United States 12
Code, is amended by adding at the end the following: 13
‘‘§ 171. Balance exchanges for infrastructure program 14
‘‘(a) DEFINITIONS.—In this section: 15
‘‘(1) ADMINISTRATIVELY ALLOCATED.—The term 16
‘administratively allocated’ means the allocation by 17
the Secretary of budget authority for a project under 18
the TIFIA program that occurs when— 19
‘‘(A) a potential applicant has been invited 20
into the creditworthiness phase for a project 21
under the TIFIA program; or 22
‘‘(B) the project is subject to a master credit 23
agreement (as defined in section 601(a)), in ac-24
cordance with section 602(b)(2). 25
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‘‘(2) APPALACHIAN STATE.—The term ‘Appa-1
lachian State’ means a State that contains 1 or more 2
counties in the Appalachian region (as defined in sec-3
tion 14102(a) of title 40). 4
‘‘(3) PROGRAM.—The term ‘program’ means the 5
Balance Exchanges for Infrastructure Program estab-6
lished under subsection (b). 7
‘‘(4) TIFIA CARRYOVER BALANCE.— 8
‘‘(A) IN GENERAL.—The term ‘TIFIA car-9
ryover balance’ means the amounts made avail-10
able for the TIFIA program for previous fiscal 11
years that are unobligated and have not been ad-12
ministratively allocated. 13
‘‘(B) INCLUSION.—The term ‘TIFIA carry-14
over balance’ includes— 15
‘‘(i) the applicable amount of contract 16
authority for the amounts described in sub-17
paragraph (A); and 18
‘‘(ii) the equivalent amount of obliga-19
tion limitation for the fiscal year in which 20
the Secretary makes a transfer under sub-21
section (f)(2). 22
‘‘(5) TIFIA PROGRAM.—The term ‘TIFIA pro-23
gram’ has the meaning given the term in section 24
601(a). 25
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‘‘(b) ESTABLISHMENT.—The Secretary shall establish 1
a program, to be known as the ‘Balance Exchanges for In-2
frastructure Program’, in accordance with this section to 3
provide flexibility for the Secretary and States to improve 4
highway infrastructure. 5
‘‘(c) OFFER TO FUND PROJECTS OR EXCHANGE 6
FUNDS.— 7
‘‘(1) SOLICITATION.—For each fiscal year for 8
which an amount is reserved under subsection (f)(1), 9
the Secretary shall— 10
‘‘(A) not later than December 1 of that fis-11
cal year— 12
‘‘(i) solicit requests from Appalachian 13
States to return amounts under subsection 14
(d)(1)(A); and 15
‘‘(ii) solicit applications from Appa-16
lachian States for grants under subsection 17
(e); and 18
‘‘(B) require that, not later than 60 days 19
after the date of the solicitations under subpara-20
graph (A), each Appalachian State that elects to 21
participate in the program shall submit to the 22
Secretary either— 23
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‘‘(i) a request that describes the 1
amount that the Appalachian State requests 2
to return under subsection (d)(1)(A); or 3
‘‘(ii) an application for a grant under 4
subsection (e). 5
‘‘(d) EXCHANGE AGREEMENTS.— 6
‘‘(1) IN GENERAL.—The Secretary shall enter 7
into an agreement with each Appalachian State that 8
submits a request under subsection (c)(1)(A)(i) under 9
which— 10
‘‘(A) the Appalachian State shall return to 11
the Secretary all, or at the discretion of the Ap-12
palachian State, a portion of, the unobligated 13
amounts from the Highway Trust Fund (includ-14
ing the applicable amount of contract authority 15
and an equal amount of special no-year obliga-16
tion limitation associated with that contract au-17
thority) apportioned to the Appalachian State 18
for the Appalachian development highway sys-19
tem under section 14501 of title 40 (but not in-20
cluding any amounts made available by an ap-21
propriations Act without an initial authoriza-22
tion); and 23
‘‘(B) the Secretary shall transfer to the Ap-24
palachian State, from amounts transferred to the 25
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program under subsection (f)(2) for that fiscal 1
year, an amount (including the applicable 2
amount of contract authority and an equal 3
amount of annual obligation limitation) equal to 4
the amount that the Appalachian State returned 5
under subparagraph (A) that shall be used to 6
carry out projects described in paragraph (3). 7
‘‘(2) STATE LIMITATION.—The amount of con-8
tract authority returned by an Appalachian State 9
under paragraph (1)(A) may not exceed the amount 10
of the special no-year obligation limitation available 11
to the Appalachian State prior to the return of the 12
special no-year obligation limitation under that para-13
graph. 14
‘‘(3) ELIGIBLE PROJECTS.— 15
‘‘(A) IN GENERAL.—A project eligible to be 16
carried out using funds transferred to an Appa-17
lachian State under paragraph (1)(B) is a 18
project described in section 133(b). 19
‘‘(B) FEDERAL SHARE.—The Federal share 20
of the cost of a project carried out using funds 21
transferred to an Appalachian State under para-22
graph (1)(B) shall be up to 100 percent, at the 23
discretion of the Appalachian State. 24
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‘‘(C) APPLICATION OF SECTION 133.—Except 1
as otherwise provided in this paragraph, section 2
133 shall not apply to a project carried out 3
using funds transferred to an Appalachian State 4
under paragraph (1)(B). 5
‘‘(4) TOTAL LIMITATION.—For each fiscal year, 6
the total amount exchanged under paragraph (1) 7
shall not exceed the amount available to be trans-8
ferred to the program under subsection (f). 9
‘‘(5) AMOUNTS EXCHANGED.—For each fiscal 10
year, if the total amount requested by all Appa-11
lachian States to return under paragraph (1)(A) is 12
greater than the amount available to be transferred to 13
the program under subsection (f), the Secretary shall 14
exchange amounts under paragraph (1) based on the 15
proportion that— 16
‘‘(A) the amount requested to be returned 17
for the fiscal year by the Appalachian State; 18
bears to 19
‘‘(B) the amount requested to be returned 20
for the fiscal year by all Appalachian States. 21
‘‘(e) APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM 22
CORRIDOR GRANTS.— 23
‘‘(1) IN GENERAL.—Using amounts returned to 24
the Secretary under subsection (d)(1)(A), the Sec-25
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retary shall provide grants of contract authority, to 1
remain available until expended, and subject to spe-2
cial no-year obligation limitation, on a competitive 3
basis to Appalachian States for eligible projects de-4
scribed in paragraph (2). 5
‘‘(2) ELIGIBLE PROJECT.—A project eligible to be 6
carried out with a grant under this subsection is a 7
project that is— 8
‘‘(A) eligible under section 14501 of title 40 9
as of the date of enactment of this section; and 10
‘‘(B) reasonably expected to begin construc-11
tion by not later than 2 years after the date of 12
obligation of funds provided under this sub-13
section for the project. 14
‘‘(3) APPLICATION.—To be eligible to receive a 15
grant under this subsection, an Appalachian State 16
shall submit to the Secretary an application at such 17
time, in such manner, and containing such informa-18
tion as the Secretary may require. 19
‘‘(4) FEDERAL SHARE.—The Federal share of the 20
cost of a project carried out using a grant provided 21
under this subsection shall be up to 100 percent, at 22
the discretion of the Appalachian State. 23
‘‘(5) LIMITATION.—An Appalachian State that 24
enters into an agreement to exchange funds under 25
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subsection (d) for any fiscal year shall not be eligible 1
to receive a grant under this subsection. 2
‘‘(f) TRANSFER FROM TIFIA PROGRAM.— 3
‘‘(1) IN GENERAL.—On October 1 of each fiscal 4
year, the Secretary shall reserve, for the purpose of 5
funding transfers under paragraph (2) until the 6
transfers are completed, the amount of TIFIA carry-7
over balance that exceeds the amount authorized to 8
carry out the TIFIA program for that fiscal year. 9
‘‘(2) TRANSFERS.—For each fiscal year, not later 10
than 60 days after the date on which the Secretary 11
receives the responses to the solicitations under sub-12
section (c)(1) or the date on which the full appropria-13
tion for that fiscal year is available, whichever is 14
later, the Secretary shall transfer from the TIFIA 15
program to the program an amount of contract au-16
thority and an equal amount of obligation limitation, 17
to remain available until expended, that is equal to 18
the lesser of— 19
‘‘(A) the total amount requested by all Ap-20
palachian States for the fiscal year under sub-21
section (c)(1)(B)(i); 22
‘‘(B) the total amount requested by all Ap-23
palachian States for grants under subsection 24
(c)(1)(B)(ii); and 25
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‘‘(C) the amount reserved under paragraph 1
(1).’’. 2
(b) CLERICAL AMENDMENT.—The analysis for chapter 3
1 of title 23, United States Code, is amended by inserting 4
after the item relating to section 170 the following: 5
‘‘171. Balance exchanges for infrastructure program.’’.
SEC. 1124. SAFETY INCENTIVE PROGRAMS. 6
(a) IN GENERAL.— 7
(1) FORMULA SAFETY INCENTIVE PROGRAM.— 8
Chapter 1 of title 23, United States Code (as amended 9
by section 1123(a)), is amended by adding at the end 10
the following: 11
‘‘§ 172. Formula safety incentive program 12
‘‘(a) DEFINITIONS.—In this section: 13
‘‘(1) METROPOLITAN PLANNING ORGANIZATION; 14
URBANIZED AREA.—The terms ‘metropolitan plan-15
ning organization’ and ‘urbanized area’ have the 16
meaning given those terms in section 134(b). 17
‘‘(2) TRANSPORTATION MANAGEMENT AREA.— 18
The term ‘transportation management area’ means a 19
transportation management area identified or des-20
ignated by the Secretary under section 134(k)(1). 21
‘‘(3) VULNERABLE ROAD USER.—The term ‘vul-22
nerable road user’ means a nonmotorist (as that term 23
is used in the Fatality Analysis Reporting System of 24
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the National Highway Traffic Safety Administra-1
tion). 2
‘‘(4) VULNERABLE ROAD USER SAFETY FOCUS 3
AREA.—The term ‘vulnerable road user safety focus 4
area’ means— 5
‘‘(A) an urbanized area with combined fa-6
tality rate of vulnerable road users that is great-7
er than 1.5 per 100,000 individuals; or 8
‘‘(B) a State in which fatalities of vulner-9
able road users combined represents not less than 10
15 percent of the total annual crash fatalities in 11
the State. 12
‘‘(b) FORMULA FUNDING AWARDS.— 13
‘‘(1) IN GENERAL.—For each fiscal year, the Sec-14
retary shall distribute among the States the amounts 15
made available to carry out this section for that fiscal 16
year in accordance with paragraph (2). 17
‘‘(2) DISTRIBUTION.—The amount for each State 18
shall be determined by multiplying the total amount 19
of funding made available to carry out this section for 20
the applicable fiscal year by the ratio that— 21
‘‘(A) the total base apportionment for the 22
State under section 104(c); bears to 23
‘‘(B) the total base apportionments for all 24
States under section 104(c). 25
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‘‘(c) SAFETY SUPPLEMENTAL.— 1
‘‘(1) IN GENERAL.—A State shall use 50 percent 2
of the amount distributed to the State under sub-3
section (b) for each fiscal year to carry out the eligible 4
activities under paragraph (2). 5
‘‘(2) ELIGIBLE ACTIVITIES.— 6
‘‘(A) STATES.—Subject to paragraph 7
(4)(A), a State shall use the funds under para-8
graph (1) for a highway safety improvement 9
project or strategy included on the State stra-10
tegic highway safety plan (as defined in section 11
148(a)) of the State. 12
‘‘(B) MPOS.—Subject to paragraph (4)(B), 13
a metropolitan planning organization that is re-14
quired to obligate funds under subsection (e) 15
shall use the funds under paragraph (1) for a 16
highway safety improvement project (as defined 17
in section 148(a)). 18
‘‘(3) FEDERAL SHARE.—The Federal share of the 19
cost of a project carried out with funds under para-20
graph (1) shall be determined in accordance with sec-21
tion 120. 22
‘‘(4) LIMITATION ON FLEXIBILITY.— 23
‘‘(A) STATES.—Notwithstanding paragraph 24
(2)(A), a State that is a vulnerable road user 25
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safety focus area shall use the funds under para-1
graph (1) for a highway safety improvement 2
project (as defined in section 148(a)) to improve 3
the safety of vulnerable road users, regardless of 4
whether the project is included on the State stra-5
tegic highway safety plan (as defined in section 6
148(a)) of the State. 7
‘‘(B) MPOS.—Notwithstanding paragraph 8
(2)(B), a metropolitan planning organization 9
that is required to obligate funds under sub-10
section (e) that contains an area designated as 11
a vulnerable road user safety focus area shall use 12
the funds under paragraph (1) for a highway 13
safety improvement project (as defined in section 14
148(a)) to improve the safety of vulnerable road 15
users. 16
‘‘(d) SAFETY PLANNING INCENTIVE.— 17
‘‘(1) VULNERABLE ROAD USER SAFETY ASSESS-18
MENTS.— 19
‘‘(A) IN GENERAL.—A State may, in con-20
sultation with metropolitan planning organiza-21
tions within the State, develop and publish a 22
State vulnerable road user safety assessment de-23
scribed in subparagraph (B). 24
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‘‘(B) STATE VULNERABLE ROAD USER SAFE-1
TY ASSESSMENT DESCRIBED.—A vulnerable road 2
user safety assessment referred to in subpara-3
graph (A) is an assessment of the safety perform-4
ance of the State with respect to vulnerable road 5
users and the plan of the State, developed in con-6
sultation with the metropolitan planning organi-7
zations within the State, if any, to improve the 8
safety of vulnerable road users, which shall— 9
‘‘(i) include the approximate location 10
within the State of each vulnerable road 11
user fatality during the most recently re-12
ported 2-year period of final data from the 13
Fatality Analysis Reporting System of the 14
National Highway Traffic Safety Adminis-15
tration and the operating speed of the road-16
way at that location; 17
‘‘(ii) include the corridors within the 18
State on which a vulnerable road user fatal-19
ity has occurred during the most recently 20
reported 2-year period of final data from 21
the Fatality Analysis Reporting System of 22
the National Highway Traffic Safety Ad-23
ministration and the operating speeds of 24
those corridors; 25
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‘‘(iii) include a list of projects within 1
the State that primarily address the safety 2
of vulnerable road users that— 3
‘‘(I) have been completed during 4
the 2 most recent fiscal years prior to 5
date of the publication of the vulner-6
able road user safety assessment, in-7
cluding the amount of funding that has 8
been dedicated to those projects, de-9
scribed in total amounts and as a per-10
centage of total capital expenditures; 11
‘‘(II) are planned to be completed 12
during the 2 fiscal years following the 13
date of the publication of the vulner-14
able road user assessment, including 15
the amount of funding that the State 16
plans to be dedicated to those projects, 17
described in total amounts and as a 18
percentage of total capital expendi-19
tures; and 20
‘‘(III) have the potential to be in-21
cluded on the list described in sub-22
clause (II) once the permitting and ap-23
proval processes for those projects are 24
complete, including the reason for the 25
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delay in the completion of those proc-1
esses, if any; and 2
‘‘(iv) be reviewed and certified by the 3
Secretary to have met the requirements of 4
this subparagraph. 5
‘‘(2) ACCELERATION OF SAFETY PROJECT DELIV-6
ERY.—For each project identified by a State under 7
paragraph (1)(B)(iii)(III), to the maximum extent 8
practicable, the Secretary, in consultation with the 9
State, shall use the authority under section 1420 of 10
the FAST Act (23 U.S.C. 101 note; Public Law 114– 11
94) to accelerate delivery of the project. 12
‘‘(3) SAFETY PLAN INCENTIVE.—A State shall 13
use 50 percent of the amounts made available to the 14
State under subsection (b) for each fiscal year to 15
carry out eligible activities under paragraph (4). 16
‘‘(4) ELIGIBLE ACTIVITIES.— 17
‘‘(A) IN GENERAL.—A State and any met-18
ropolitan planning organization in the State 19
that is required to obligate funds under sub-20
section (e) may use funds under paragraph (3) 21
for a project or strategy described in subsection 22
(c)(2). 23
‘‘(B) ADDITIONAL ELIGIBILITY INCEN-24
TIVE.—In addition to the eligible activities 25
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under subparagraph (A), a State and any metro-1
politan planning organization in the State that 2
is required to obligate funds under subsection (e) 3
may use the funds under paragraph (3) for a 4
project eligible under section 133(b) if— 5
‘‘(i) the State has, within the fiscal 6
year prior to the fiscal year in which the 7
Secretary is making the grant or by a dead-8
line established by the Secretary in the fis-9
cal year in which the Secretary is making 10
the grant, conducted and published a vul-11
nerable road user safety assessment de-12
scribed in paragraph (1)(B) that has been 13
approved by the Secretary under clause (iv) 14
of that paragraph; or 15
‘‘(ii) for a State that has previously 16
published a vulnerable road user safety as-17
sessment described in paragraph (1)(B) that 18
has been approved by the Secretary under 19
clause (iv) of that paragraph— 20
‘‘(I) the State has, within the fis-21
cal year prior to the fiscal year in 22
which the Secretary is making the 23
grant or by a deadline established by 24
the Secretary in the fiscal year in 25
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which the Secretary is making the 1
grant, updated the estimates described 2
in clauses (i) and (ii) of paragraph 3
(1)(B); and 4
‘‘(II) the State and the metropoli-5
tan planning organization have, with-6
in the 4 fiscal years prior to the fiscal 7
year in which the Secretary is making 8
the grant or by a deadline established 9
by the Secretary in the fiscal year in 10
which the Secretary is making the 11
grant, incorporated a vulnerable road 12
user safety assessment described in 13
paragraph (1)(B) into— 14
‘‘(aa) a long-range transpor-15
tation plan developed by the met-16
ropolitan planning organization 17
under section 134(c), if any; and 18
‘‘(bb) the long-range state-19
wide transportation plan devel-20
oped by the State under section 21
135(f)(1). 22
‘‘(5) FEDERAL SHARE.—The Federal share of the 23
cost of a project carried out using funds under para-24
graph (3)— 25
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‘‘(A) in the case of a State or metropolitan 1
planning organization within a State that meets 2
the requirements under paragraph (4)(B), may 3
be up to 100 percent, at the discretion of the 4
State; and 5
‘‘(B) in the case of a State or metropolitan 6
planning organization within a State that is not 7
described in subparagraph (A), shall be deter-8
mined in accordance with section 120. 9
‘‘(e) SUBALLOCATION REQUIREMENTS.— 10
‘‘(1) IN GENERAL.—For each fiscal year, of the 11
funds made available to a State under subsections (c) 12
and (d)— 13
‘‘(A) 65 percent of each amount shall be ob-14
ligated, in proportion to their relative shares of 15
the population of the State— 16
‘‘(i) in urbanized areas of the State 17
with an urbanized area population of over 18
200,000; and 19
‘‘(ii) in other areas of the State; and 20
‘‘(B) the remainder may be obligated in 21
any area of the State. 22
‘‘(2) METROPOLITAN AREAS.—Funds attributed 23
to an urbanized area under paragraph (1)(A)(i) may 24
be obligated in the metropolitan area established 25
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under section 134 that encompasses the urbanized 1
area. 2
‘‘(3) DISTRIBUTION AMONG URBANIZED AREAS 3
OF OVER 200,000 POPULATION.— 4
‘‘(A) IN GENERAL.—Except as provided in 5
subparagraph (B), the amount that a State is re-6
quired to obligate under paragraph (1)(A)(i) 7
shall be obligated in urbanized areas described in 8
paragraph (1)(A)(i) based on the relative popu-9
lation of the areas. 10
‘‘(B) OTHER FACTORS.—The State may ob-11
ligate the funds described in subparagraph (A) 12
based on other factors if— 13
‘‘(i) the State and the relevant metro-14
politan planning organizations jointly 15
apply to the Secretary for the permission to 16
base the obligation on other factors; and 17
‘‘(ii) the Secretary grants the request. 18
‘‘(4) CONSULTATION IN URBANIZED AREAS.—Be-19
fore obligating funds for an activity under subsections 20
(c) or (d) in an urbanized area that is not a trans-21
portation management area, a State shall consult 22
with any metropolitan planning organization that 23
represents the urbanized area prior to determining 24
which activities should be carried out. 25
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‘‘(5) CONSULTATION IN RURAL AREAS.—Before 1
obligating funds for an eligible activity under sub-2
sections (c) and (d) in a rural area, a State shall 3
consult with any regional transportation planning 4
organization or metropolitan planning organization 5
that represents a rural area of the State prior to de-6
termining which activities should be carried out. 7
‘‘§ 173. Fatality reduction performance program 8
‘‘(a) DEFINITIONS.—In this section: 9
‘‘(1) METROPOLITAN PLANNING ORGANIZATION; 10
URBANIZED AREA.—The terms ‘metropolitan plan-11
ning organization’ and ‘urbanized area’ have the 12
meaning given those terms in section 134(b). 13
‘‘(2) QUALIFYING STATE.—The term ‘qualifying 14
State’ means a State in which— 15
‘‘(A) the average fatality and serious injury 16
rates per 100,000,000 vehicle-miles-traveled with-17
in the State during the 3-year period beginning 18
on January 1 of the fiscal year that was 3 years 19
prior to the fiscal year in which the Secretary is 20
making the grant under this section has grown 21
more slowly or declined, as compared to the av-22
erage fatality and serious injury rates per 23
100,000,000 vehicle-miles-traveled within the 24
State during the 3-year period beginning on 25
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January 1 of the fiscal year that was 6 years 1
prior to the fiscal year in which the Secretary is 2
making the grant under this section; 3
‘‘(B) the average annual number of serious 4
injuries and fatalities within the State, as meas-5
ured on a per capita basis, during the 3-year pe-6
riod beginning on January 1 of the fiscal year 7
that was 3 years prior to the fiscal year in 8
which the Secretary is making the grant under 9
this section has grown more slowly or declined, 10
as compared to the average annual number of se-11
rious injuries and fatalities within the State, as 12
measured on a per capita basis, during the 3- 13
year period beginning on January 1 of the fiscal 14
year that was 6 years prior to the fiscal year in 15
which the Secretary is making the grant under 16
this section; 17
‘‘(C) the average annual number of fatali-18
ties within the State, as measured on a per cap-19
ita basis, during the 3-year period beginning on 20
January 1 of the fiscal year that was 3 years 21
prior to the fiscal year in which the Secretary is 22
making the grant under this section is less than 23
1⁄2 of the nationwide average annual per capita 24
number of fatalities during that period; or 25
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‘‘(D)(i) the performance targets set by the 1
State under subsection (d)(1) of section 150, in 2
accordance with subsection (c)(4) of that section, 3
in the most recently completed performance cycle 4
prior to the year in which the Secretary is mak-5
ing the funds available under this section dem-6
onstrate a reduction in the number and rate of 7
serious injuries and fatalities; and 8
‘‘(ii) the State has met or exceeded the per-9
formance targets described in clause (i). 10
‘‘(3) QUALIFYING UNIT OF LOCAL GOVERN-11
MENT.—The term ‘qualifying unit of local govern-12
ment’ means a unit of local government in an urban-13
ized area served by a metropolitan planning organi-14
zation in which— 15
‘‘(A) the average fatality and serious injury 16
rates per 100,000,000 vehicle-miles-traveled with-17
in the urbanized area during the 3-year period 18
beginning on January 1 of the fiscal year that 19
was 3 years prior to the fiscal year in which the 20
Secretary is making the grant under this section 21
has grown more slowly or declined, as compared 22
to the average fatality and serious injury rates 23
per 100,000,000 vehicle-miles-traveled within the 24
urbanized area during the 3-year period begin-25
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ning on January 1 of the fiscal year that was 1
6 years prior to the fiscal year in which the Sec-2
retary is making the grant under this section; 3
‘‘(B) the average annual number of serious 4
injuries and fatalities within the urbanized area, 5
as measured on a per capita basis, during the 3- 6
year period beginning on January 1 of the fiscal 7
year that was 3 years prior to the fiscal year in 8
which the Secretary is making the grant under 9
this section has grown more slowly or declined, 10
as compared to the average annual per capita 11
number of serious injuries and fatalities within 12
the urbanized area during the 3-year period be-13
ginning on January 1 of the fiscal year that was 14
6 years prior to the fiscal year in which the Sec-15
retary is making the grant under this section; 16
‘‘(C) the average annual number of fatali-17
ties within the urbanized area, as measured on 18
a per capita basis, during the 3-year period be-19
ginning on January 1 of the fiscal year that was 20
3 years prior to the fiscal year in which the Sec-21
retary is making the grant under this section is 22
less than 1⁄2 of the nationwide average annual 23
per capita number of fatalities during that pe-24
riod; or 25
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‘‘(D)(i) the performance targets set for the 1
urbanized area under section 150(c)(4), in ac-2
cordance with section 134(h)(2)(B)(i), in the 3
most recently completed performance cycle prior 4
to the year in which the Secretary is making the 5
grant under this section demonstrate a reduction 6
in the number and rate of serious injuries and 7
fatalities; and 8
‘‘(ii) the urbanized area has met or exceeded 9
the performance targets described in clause (i). 10
‘‘(4) SERIOUS INJURIES AND FATALITIES.—The 11
term ‘serious injuries and fatalities’ means serious in-12
juries and fatalities, as measured in accordance with 13
the measures established under section 150(c)(4). 14
‘‘(b) FATALITY REDUCTION PERFORMANCE AND PLAN-15
NING RECOGNITION AWARDS.— 16
‘‘(1) IN GENERAL.—The Secretary shall establish 17
a competitive grant program to award grants to eligi-18
ble entities in recognition of the achievement of the el-19
igible entity in meeting the performance categories de-20
scribed in paragraph (3)(A). 21
‘‘(2) ELIGIBLE ENTITIES.—The Secretary shall 22
distribute amounts under paragraph (1) to any of the 23
following: 24
‘‘(A) A qualifying State. 25
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‘‘(B) A qualifying unit of local government. 1
‘‘(3) PERFORMANCE CATEGORIES.— 2
‘‘(A) IN GENERAL.—The Secretary shall se-3
lect eligible entities to receive a grant under 4
paragraph (1) to recognize the achievement of the 5
eligible entity in meeting any of the following 6
performance categories: 7
‘‘(i) Significant progress in reducing 8
serious injuries and fatalities, as measured 9
on a per capita basis. 10
‘‘(ii) Significant progress in reducing 11
the rates of serious injuries and fatalities 12
per vehicle-mile traveled. 13
‘‘(iii) Having a per capita number of 14
serious injuries and fatalities that is among 15
the lowest of jurisdictions with comparable 16
population and surface transportation sys-17
tem characteristics. 18
‘‘(iv) Having a per vehicle-mile trav-19
eled number of serious injuries and fatali-20
ties that is among the lowest of jurisdictions 21
with comparable population and surface 22
transportation system characteristics. 23
‘‘(v) Innovative safety planning efforts 24
and implementation of plans leading to 25
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achievement with respect to the reduction of 1
serious injuries and fatalities. 2
‘‘(B) MERIT BASED DISTRIBUTION.—In se-3
lecting among eligible entities to receive grants 4
under paragraph (1) and the amounts of each of 5
those grants, the Secretary shall give priority to 6
eligible entities that have achieved the most sig-7
nificant levels of reduction in serious injuries 8
and fatalities, as measured either on a per cap-9
ita basis or per-vehicle mile traveled basis. 10
‘‘(C) MULTIPLE AWARDS.—The Secretary 11
may— 12
‘‘(i) award a grant under paragraph 13
(1) to multiple eligible entities for each per-14
formance category described in subpara-15
graph (A); and 16
‘‘(ii) recognize achievements in each 17
performance category described in subpara-18
graph (A)— 19
‘‘(I) in urban and rural areas; 20
and 21
‘‘(II) on the State and local level. 22
‘‘(D) REPEAT AWARDS.—The Secretary 23
may not award a grant under this subsection to 24
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the same eligible entity more than once during a 1
2-year period. 2
‘‘(4) AWARD AMOUNT.—A grant under para-3
graph (1) shall be in an amount— 4
‘‘(A) not less than $5,000,000; and 5
‘‘(B) not more than $30,000,000. 6
‘‘(5) ELIGIBLE USES.—An eligible entity may 7
use a grant under paragraph (1) for— 8
‘‘(A) an activity eligible under this title; or 9
‘‘(B) a project— 10
‘‘(i) to maintain the condition of a 11
Federal-aid highway, including routine 12
maintenance; or 13
‘‘(ii) that— 14
‘‘(I) responds to a specific condi-15
tion or event; and 16
‘‘(II) restores a Federal-aid high-17
way to a functional state of operations. 18
‘‘(6) APPLICATIONS.—To be eligible to receive a 19
grant under paragraph (1), an eligible entity shall 20
submit to the Secretary an application at such time, 21
in such manner, and containing such information as 22
the Secretary may require. 23
‘‘(7) FEDERAL SHARE.—The Federal share of the 24
cost of a project carried out using a grant under 25
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paragraph (1) shall be, as determined at the discre-1
tion of the grant recipient, up to 100 percent.’’. 2
(2) CLERICAL AMENDMENT.—The analysis for 3
chapter 1 of title 23, United States Code (as amended 4
by section 1123(b)), is amended by inserting after the 5
item relating to section 171 the following: 6
‘‘172. Formula safety incentive program.
‘‘173. Fatality reduction performance program.’’.
(b) VULNERABLE ROAD USER RESEARCH PLAN.— 7
(1) DEFINITIONS.—In this subsection: 8
(A) ADMINISTRATOR.—The term ‘‘Adminis-9
trator’’ means the Secretary of Transportation, 10
acting through the Administrator of the Federal 11
Highway Administration. 12
(B) VULNERABLE ROAD USER.—The term 13
‘‘vulnerable road user’’ has the meaning given 14
the term in section 172(a) of title 23, United 15
States Code. 16
(2) ESTABLISHMENT OF RESEARCH PLAN.—The 17
Administrator shall establish a research plan to 18
prioritize research on roadway designs, the develop-19
ment of safety countermeasures to minimize fatalities 20
and serious injuries to vulnerable road users, and the 21
promotion of bicycling and walking, including re-22
search relating to— 23
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(A) roadway safety improvements, includ-1
ing traffic calming techniques and vulnerable 2
road user accommodations appropriate in a sub-3
urban arterial context; 4
(B) the impacts of traffic speeds, and access 5
to low-traffic stress corridors, on safety and rates 6
of bicycling and walking; 7
(C) tools to evaluate the impact of transpor-8
tation improvements on projected rates and safe-9
ty of bicycling and walking; and 10
(D) other research areas to be determined by 11
the Administrator. 12
(3) VULNERABLE ROAD USER ASSESSMENTS.— 13
The Administrator shall— 14
(A) review each vulnerable road user safety 15
assessment submitted by a State under section 16
172(c) of title 23, United States Code, and other 17
relevant sources of data to determine what, if 18
any, standard definitions and methods should be 19
developed through guidance to enable a State to 20
collect pedestrian injury and fatality data; and 21
(B) in the first progress update under para-22
graph (4)(B), provide— 23
(i) the results of the determination de-24
scribed in subparagraph (A); and 25
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(ii) the recommendations of the Sec-1
retary with respect to the collection and re-2
porting of data on the safety of vulnerable 3
road users. 4
(4) SUBMISSION; PUBLICATION.— 5
(A) SUBMISSION OF PLAN.—Not later than 6
180 days after the date of enactment of this Act, 7
the Administrator shall submit to the Committee 8
on Environment and Public Works of the Senate 9
and the Committee on Transportation and Infra-10
structure of the House of Representatives the re-11
search plan described in paragraph (2). 12
(B) PROGRESS UPDATES.—Not later than 2 13
years after the date of enactment of this Act, and 14
biannually thereafter, the Administrator shall 15
submit to the Committees described in subpara-16
graph (A)— 17
(i) updates on the progress and find-18
ings of the research conducted pursuant to 19
the plan described in paragraph (2); and 20
(ii) in the first submission under this 21
subparagraph, the results and recommenda-22
tions described in paragraph (3)(B). 23
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SEC. 1125. WILDLIFE CROSSING SAFETY. 1
(a) DECLARATION OF POLICY.—Section 101(b)(3)(D) 2
of title 23, United States Code, is amended, in the matter 3
preceding clause (i), by inserting ‘‘resilient,’’ after ‘‘effi-4
cient,’’. 5
(b) WILDLIFE CROSSINGS PILOT PROGRAM.— 6
(1) IN GENERAL.—Chapter 1 of title 23, United 7
States Code (as amended by section 1124(a)(1)), is 8
amended by adding at the end the following: 9
‘‘§ 174. Wildlife crossings pilot program 10
‘‘(a) FINDING.—Congress finds that greater adoption 11
of wildlife-vehicle collision safety countermeasures is in the 12
public interest because— 13
‘‘(1) according to the report of the Federal High-14
way Administration entitled ‘Wildlife-Vehicle Colli-15
sion Reduction Study’, there are more than 1,000,000 16
wildlife-vehicle collisions every year; 17
‘‘(2) wildlife-vehicle collisions— 18
‘‘(A) present a danger to— 19
‘‘(i) human safety; and 20
‘‘(ii) wildlife survival; and 21
‘‘(B) represent a persistent concern that re-22
sults in tens of thousands of serious injuries and 23
hundreds of fatalities on the roadways of the 24
United States; and 25
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‘‘(3) the total annual cost associated with wild-1
life-vehicle collisions has been estimated to be 2
$8,388,000,000; and 3
‘‘(4) wildlife-vehicle collisions are a major threat 4
to the survival of species, including birds, reptiles, 5
mammals, and amphibians. 6
‘‘(b) ESTABLISHMENT.—The Secretary shall establish 7
a competitive wildlife crossings pilot program (referred to 8
in this section as the ‘pilot program’) to provide grants for 9
projects that seek to achieve— 10
‘‘(1) a reduction in the number of wildlife-vehicle 11
collisions; and 12
‘‘(2) in carrying out the purpose described in 13
paragraph (1), improved habitat connectivity for ter-14
restrial and aquatic species. 15
‘‘(c) ELIGIBLE ENTITIES.—An entity eligible to apply 16
for a grant under the pilot program is— 17
‘‘(1) a State highway agency, or an equivalent 18
of that agency; 19
‘‘(2) a metropolitan planning organization (as 20
defined in section 134(b)); 21
‘‘(3) a unit of local government; 22
‘‘(4) a regional transportation authority; 23
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‘‘(5) a special purpose district or public author-1
ity with a transportation function, including a port 2
authority; 3
‘‘(6) an Indian tribe (as defined in section 4
207(m)(1)), including a Native village and a Native 5
Corporation (as those terms are defined in section 3 6
of the Alaska Native Claims Settlement Act (43 7
U.S.C. 1602)); 8
‘‘(7) a Federal land management agency; or 9
‘‘(8) a group of any of the entities described in 10
paragraphs (1) through (7). 11
‘‘(d) APPLICATIONS.— 12
‘‘(1) IN GENERAL.—To be eligible to receive a 13
grant under the pilot program, an eligible entity shall 14
submit to the Secretary an application at such time, 15
in such manner, and containing such information as 16
the Secretary may require. 17
‘‘(2) REQUIREMENT.—If an application under 18
paragraph (1) is submitted by an eligible entity other 19
than an eligible entity described in paragraph (1) or 20
(7) of subsection (c), the application shall include 21
documentation that the State highway agency, or an 22
equivalent of that agency, of the State in which the 23
eligible entity is located was consulted during the de-24
velopment of the application. 25
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‘‘(3) GUIDANCE.—To enhance consideration of 1
current and reliable data, eligible entities may obtain 2
guidance from an agency in the State with jurisdic-3
tion over fish and wildlife. 4
‘‘(e) CONSIDERATIONS.—In selecting grant recipients 5
under the pilot program, the Secretary shall take into con-6
sideration the following: 7
‘‘(1) Primarily, the extent to which the proposed 8
project of an eligible entity is likely to protect motor-9
ists and wildlife by reducing the number of wildlife- 10
vehicle collisions and improve habitat connectivity for 11
terrestrial and aquatic species. 12
‘‘(2) Secondarily, the extent to which the pro-13
posed project of an eligible entity is likely to accom-14
plish the following: 15
‘‘(A) Leveraging Federal investment by en-16
couraging non-Federal contributions to the 17
project, including projects from public-private 18
partnerships. 19
‘‘(B) Supporting local economic develop-20
ment and improvement of visitation opportuni-21
ties. 22
‘‘(C) Incorporation of innovative tech-23
nologies, including advanced design techniques 24
and other strategies to enhance efficiency and ef-25
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fectiveness in reducing wildlife-vehicle collisions 1
and improving habitat connectivity for terres-2
trial and aquatic species. 3
‘‘(D) Provision of educational and outreach 4
opportunities. 5
‘‘(E) Monitoring and research to evaluate, 6
compare effectiveness of, and identify best prac-7
tices in, selected projects. 8
‘‘(F) Any other criteria relevant to reducing 9
the number of wildlife-vehicle collisions and im-10
proving habitat connectivity for terrestrial and 11
aquatic species, as the Secretary determines to be 12
appropriate, subject to the condition that the im-13
plementation of the pilot program shall not be 14
delayed in the absence of action by the Secretary 15
to identify additional criteria under this sub-16
paragraph. 17
‘‘(f) USE OF FUNDS.— 18
‘‘(1) IN GENERAL.—The Secretary shall ensure 19
that a grant received under the pilot program is used 20
for a project to reduce wildlife-vehicle collisions. 21
‘‘(2) GRANT ADMINISTRATION.— 22
‘‘(A) IN GENERAL.—A grant received under 23
the pilot program shall be administered by— 24
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‘‘(i) in the case of a grant to a Federal 1
land management agency or an Indian 2
tribe (as defined in section 207(m)(1)), in-3
cluding a Native village and a Native Cor-4
poration (as those terms are defined in sec-5
tion 3 of the Alaska Native Claims Settle-6
ment Act (43 U.S.C. 1602)), the Federal 7
Highway Administration, through an agree-8
ment; and 9
‘‘(ii) in the case of a grant to an eligi-10
ble entity other than an eligible entity de-11
scribed in clause (i), the State highway 12
agency, or an equivalent of that agency, for 13
the State in which the project is to be car-14
ried out. 15
‘‘(B) PARTNERSHIPS.— 16
‘‘(i) IN GENERAL.—A grant received 17
under the pilot program may be used to 18
provide funds to eligible partners of the 19
project for which the grant was received de-20
scribed in clause (ii), in accordance with 21
the terms of the project agreement. 22
‘‘(ii) ELIGIBLE PARTNERS DE-23
SCRIBED.—The eligible partners referred to 24
in clause (i) include— 25
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‘‘(I) a metropolitan planning or-1
ganization (as defined in section 2
134(b)); 3
‘‘(II) a unit of local government; 4
‘‘(III) a regional transportation 5
authority; 6
‘‘(IV) a special purpose district or 7
public authority with a transportation 8
function, including a port authority; 9
‘‘(V) an Indian tribe (as defined 10
in section 207(m)(1)), including a Na-11
tive village and a Native Corporation 12
(as those terms are defined in section 3 13
of the Alaska Native Claims Settlement 14
Act (43 U.S.C. 1602)); 15
‘‘(VI) a Federal land management 16
agency; 17
‘‘(VII) a foundation, nongovern-18
mental organization, or institution of 19
higher education; 20
‘‘(VIII) a Federal, Tribal, re-21
gional, or State government entity; 22
and 23
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‘‘(IX) a group of any of the enti-1
ties described in subclauses (I) through 2
(VIII). 3
‘‘(3) COMPLIANCE.—An eligible entity that re-4
ceives a grant under the pilot program and enters 5
into a partnership described in paragraph (2) shall 6
establish measures to verify that an eligible partner 7
that receives funds from the grant complies with the 8
conditions of the pilot program in using those funds. 9
‘‘(g) REQUIREMENT.—The Secretary shall ensure that 10
not less than 60 percent of the amounts made available for 11
grants under the pilot program each fiscal year are for 12
projects located in rural areas. 13
‘‘(h) ANNUAL REPORT TO CONGRESS.— 14
‘‘(1) IN GENERAL.—Not later than December 31 15
of each calendar year, the Secretary shall submit to 16
Congress, and make publicly available, a report de-17
scribing the activities under the pilot program for the 18
fiscal year that ends during that calendar year. 19
‘‘(2) CONTENTS.—The report under paragraph 20
(1) shall include— 21
‘‘(A) a detailed description of the activities 22
carried out under the pilot program; 23
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‘‘(B) an evaluation of the effectiveness of the 1
pilot program in meeting the purposes described 2
in subsection (b); and 3
‘‘(C) policy recommendations to improve the 4
effectiveness of the pilot program.’’. 5
(2) CLERICAL AMENDMENT.—The analysis for 6
chapter 1 of title 23, United States Code (as amended 7
by section 1124(a)(2)) is amended by inserting after 8
the item relating to section 173 the following: 9
‘‘174. Wildlife crossings pilot program.’’.
(c) WILDLIFE VEHICLE COLLISION REDUCTION AND 10
HABITAT CONNECTIVITY IMPROVEMENT.— 11
(1) IN GENERAL.—Chapter 1 of title 23, United 12
States Code (as amended by subsection (b)(1)), is 13
amended by adding at the end the following: 14
‘‘§ 175. Wildlife-vehicle collision reduction and habi-15
tat connectivity improvement 16
‘‘(a) STUDY.— 17
‘‘(1) IN GENERAL.—The Secretary shall conduct 18
a study (referred to in this subsection as the ‘study’) 19
of the state, as of the date of the study, of the practice 20
of methods to reduce collisions between motorists and 21
wildlife (referred to in this section as ‘wildlife-vehicle 22
collisions’). 23
‘‘(2) CONTENTS.— 24
‘‘(A) AREAS OF STUDY.—The study shall— 25
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‘‘(i) update and expand on, as appro-1
priate— 2
‘‘(I) the report entitled ‘Wildlife 3
Vehicle Collision Reduction Study: 4
2008 Report to Congress’; and 5
‘‘(II) the document entitled ‘Wild-6
life Vehicle Collision Reduction Study: 7
Best Practices Manual’ and dated Oc-8
tober 2008; and 9
‘‘(ii) include— 10
‘‘(I) an assessment, as of the date 11
of the study, of— 12
‘‘(aa) the causes of wildlife- 13
vehicle collisions; 14
‘‘(bb) the impact of wildlife- 15
vehicle collisions on motorists and 16
wildlife; and 17
‘‘(cc) the impacts of roads 18
and traffic on habitat 19
connectivity for terrestrial and 20
aquatic species; and 21
‘‘(II) solutions and best practices 22
for— 23
‘‘(aa) reducing wildlife-vehi-24
cle collisions; and 25
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‘‘(bb) improving habitat 1
connectivity for terrestrial and 2
aquatic species. 3
‘‘(B) METHODS.—In carrying out the 4
study, the Secretary shall— 5
‘‘(i) conduct a thorough review of re-6
search and data relating to— 7
‘‘(I) wildlife-vehicle collisions; and 8
‘‘(II) habitat fragmentation that 9
results from transportation infrastruc-10
ture; 11
‘‘(ii) survey current practices of the 12
Department of Transportation and State 13
departments of transportation to reduce 14
wildlife-vehicle collisions; and 15
‘‘(iii) consult with— 16
‘‘(I) appropriate experts in the 17
field of wildlife-vehicle collisions; and 18
‘‘(II) appropriate experts on the 19
effects of roads and traffic on habitat 20
connectivity for terrestrial and aquatic 21
species. 22
‘‘(3) REPORT.— 23
‘‘(A) IN GENERAL.—Not later than 18 24
months after the date of enactment of the Amer-25
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ica’s Transportation Infrastructure Act of 2019, 1
the Secretary shall submit to Congress a report 2
on the results of the study. 3
‘‘(B) CONTENTS.—The report under sub-4
paragraph (A) shall include— 5
‘‘(i) a description of— 6
‘‘(I) the causes of wildlife-vehicle 7
collisions; 8
‘‘(II) the impacts of wildlife-vehi-9
cle collisions; 10
‘‘(III) the impacts of roads and 11
traffic on— 12
‘‘(aa) species listed as threat-13
ened species or endangered species 14
under the Endangered Species Act 15
of 1973 (16 U.S.C. 1531 et seq.); 16
‘‘(bb) species identified by 17
States as species of greatest con-18
servation need; 19
‘‘(cc) species identified in 20
State wildlife plans; and 21
‘‘(dd) medium and small ter-22
restrial and aquatic species; 23
‘‘(ii) an economic evaluation of the 24
costs and benefits of installing highway in-25
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frastructure and other measures to mitigate 1
damage to terrestrial and aquatic species, 2
including the effect on jobs, property values, 3
and economic growth to society, adjacent 4
communities, and landowners; 5
‘‘(iii) recommendations for preventing 6
wildlife-vehicle collisions, including rec-7
ommended best practices, funding resources, 8
or other recommendations for addressing 9
wildlife-vehicle collisions; and 10
‘‘(iv) guidance, developed in consulta-11
tion with Federal land management agen-12
cies and State departments of transpor-13
tation, State fish and wildlife agencies, and 14
Tribal governments that agree to partici-15
pate, for developing, for each State that 16
agrees to participate, a voluntary joint 17
statewide transportation and wildlife action 18
plan— 19
‘‘(I) to address wildlife-vehicle col-20
lisions; and 21
‘‘(II) to improve habitat 22
connectivity for terrestrial and aquatic 23
species. 24
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‘‘(b) WORKFORCE DEVELOPMENT AND TECHNICAL 1
TRAINING.— 2
‘‘(1) IN GENERAL.—Not later than 3 years after 3
the date of enactment of the America’s Transportation 4
Infrastructure Act of 2019, the Secretary shall, based 5
on the study conducted under subsection (a), develop 6
a series of in-person and online workforce develop-7
ment and technical training courses— 8
‘‘(A) to reduce wildlife-vehicle collisions; 9
and 10
‘‘(B) to improve habitat connectivity for 11
terrestrial and aquatic species. 12
‘‘(2) AVAILABILITY.—The Secretary shall— 13
‘‘(A) make the series of courses developed 14
under paragraph (1) available for transportation 15
and fish and wildlife professionals; and 16
‘‘(B) update the series of courses not less fre-17
quently than once every 2 years. 18
‘‘(c) STANDARDIZATION OF WILDLIFE COLLISION AND 19
CARCASS DATA.— 20
‘‘(1) STANDARDIZED METHODOLOGY.— 21
‘‘(A) IN GENERAL.—The Secretary, acting 22
through the Administrator of the Federal High-23
way Administration (referred to in this sub-24
section as the ‘Secretary’), shall develop a qual-25
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ity standardized methodology for collecting and 1
reporting spatially accurate wildlife collision 2
and carcass data for the National Highway Sys-3
tem, considering the practicability of the method-4
ology with respect to technology and cost. 5
‘‘(B) METHODOLOGY.—In developing the 6
standardized methodology under subparagraph 7
(A), the Secretary shall— 8
‘‘(i) survey existing methodologies and 9
sources of data collection, including the Fa-10
tality Analysis Reporting System, the Gen-11
eral Estimates System of the National Auto-12
motive Sampling System, and the Highway 13
Safety Information System; and 14
‘‘(ii) to the extent practicable, identify 15
and correct limitations of those existing 16
methodologies and sources of data collection. 17
‘‘(C) CONSULTATION.—In developing the 18
standardized methodology under subparagraph 19
(A), the Secretary shall consult with— 20
‘‘(i) the Secretary of the Interior; 21
‘‘(ii) the Secretary of Agriculture, act-22
ing through the Chief of the Forest Service; 23
‘‘(iii) Tribal, State, and local trans-24
portation and wildlife authorities; 25
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‘‘(iv) metropolitan planning organiza-1
tions (as defined in section 134(b)); 2
‘‘(v) members of the American Associa-3
tion of State Highway Transportation Offi-4
cials; 5
‘‘(vi) members of the Association of 6
Fish and Wildlife Agencies; 7
‘‘(vii) experts in the field of wildlife-ve-8
hicle collisions; 9
‘‘(viii) nongovernmental organizations; 10
and 11
‘‘(ix) other interested stakeholders, as 12
appropriate. 13
‘‘(2) STANDARDIZED NATIONAL DATA SYSTEM 14
WITH VOLUNTARY TEMPLATE IMPLEMENTATION.—The 15
Secretary shall— 16
‘‘(A) develop a template for State imple-17
mentation of a standardized national wildlife 18
collision and carcass data system for the Na-19
tional Highway System that is based on the 20
standardized methodology developed under para-21
graph (1); and 22
‘‘(B) encourage the voluntary implementa-23
tion of the template developed under subpara-24
graph (A). 25
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‘‘(3) REPORTS.— 1
‘‘(A) METHODOLOGY.—The Secretary shall 2
submit to Congress a report describing the stand-3
ardized methodology developed under paragraph 4
(1) not later than the later of— 5
‘‘(i) the date that is 18 months after 6
the date of enactment of the America’s 7
Transportation Infrastructure Act of 2019; 8
and 9
‘‘(ii) the date that is 180 days after the 10
date on which the Secretary completes the 11
development of the standardized method-12
ology. 13
‘‘(B) IMPLEMENTATION.—Not later than 4 14
years after the date of enactment of the Amer-15
ica’s Transportation Infrastructure Act of 2019, 16
the Secretary shall submit to Congress a report 17
describing— 18
‘‘(i) the status of the voluntary imple-19
mentation of the standardized methodology 20
developed under paragraph (1) and the tem-21
plate developed under paragraph (2)(A); 22
‘‘(ii) whether the implementation of the 23
standardized methodology developed under 24
paragraph (1) and the template developed 25
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under paragraph (2)(A) has impacted ef-1
forts by States, units of local government, 2
and other entities— 3
‘‘(I) to reduce the number of wild-4
life-vehicle collisions; and 5
‘‘(II) to improve habitat 6
connectivity; 7
‘‘(iii) the degree of the impact de-8
scribed in clause (ii); and 9
‘‘(iv) the recommendations of the Sec-10
retary, including recommendations for fur-11
ther study aimed at reducing motorist colli-12
sions involving wildlife and improving 13
habitat connectivity for terrestrial and 14
aquatic species on the National Highway 15
System, if any. 16
‘‘(d) NATIONAL THRESHOLD GUIDANCE.—The Sec-17
retary shall— 18
‘‘(1) establish guidance, to be carried out by 19
States on a voluntary basis, that contains a threshold 20
for determining whether a highway shall be evaluated 21
for potential mitigation measures to reduce wildlife- 22
vehicle collisions and increase habitat connectivity for 23
terrestrial and aquatic species, taking into consider-24
ation— 25
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‘‘(A) the number of wildlife-vehicle collisions 1
on the highway that pose a human safety risk; 2
‘‘(B) highway-related mortality and the ef-3
fects of traffic on the highway on— 4
‘‘(i) species listed as endangered species 5
or threatened species under the Endangered 6
Species Act of 1973 (16 U.S.C. 1531 et 7
seq.); 8
‘‘(ii) species identified by a State as 9
species of greatest conservation need; 10
‘‘(iii) species identified in State wild-11
life plans; and 12
‘‘(iv) medium and small terrestrial 13
and aquatic species; and 14
‘‘(C) habitat connectivity values for terres-15
trial and aquatic species and the barrier effect of 16
the highway on the movements and migrations of 17
those species.’’. 18
(2) CLERICAL AMENDMENT.—The analysis for 19
chapter 1 of title 23, United States Code (as amended 20
by subsection (b)(2)) is amended by inserting after 21
the item relating to section 174 the following: 22
‘‘175. Wildlife-vehicle collision reduction and habitat connectivity improvement.’’.
(d) WILDLIFE CROSSINGS STANDARDS.—Section 23
109(c)(2) of title 23, United States Code, is amended— 24
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(1) in subparagraph (E), by striking ‘‘and’’ at 1
the end; 2
(2) by redesignating subparagraph (F) as sub-3
paragraph (G); and 4
(3) by inserting after subparagraph (E) the fol-5
lowing: 6
‘‘(F) the publication of the Federal High-7
way Administration entitled ‘Wildlife Crossing 8
Structure Handbook: Design and Evaluation in 9
North America’ and dated March 2011; and’’. 10
(e) WILDLIFE HABITAT CONNECTIVITY AND NATIONAL 11
BRIDGE AND TUNNEL INVENTORY AND INSPECTION STAND-12
ARDS.—Section 144 of title 23, United States Code, is 13
amended— 14
(1) in subsection (a)(2)— 15
(A) in subparagraph (B), by inserting ‘‘, re-16
silience,’’ after ‘‘safety’’; 17
(B) in subparagraph (D), by striking ‘‘and’’ 18
at the end; 19
(C) in subparagraph (E), by striking the 20
period at the end and inserting ‘‘; and’’; and 21
(D) by adding at the end the following: 22
‘‘(F) to ensure adequate passage of aquatic 23
and terrestrial species, where appropriate.’’; 24
(2) in subsection (b)— 25
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(A) in paragraph (4), by striking ‘‘and’’ at 1
the end; 2
(B) in paragraph (5), by striking the period 3
at the end and inserting ‘‘; and’’; and 4
(C) by adding at the end the following: 5
‘‘(6) determine if the replacement or rehabilita-6
tion of bridges and tunnels should include measures 7
to enable safe and unimpeded movement for terres-8
trial and aquatic species.’’; and 9
(3) in subsection (i), by adding at the end the 10
following: 11
‘‘(3) REQUIREMENT.—The first revision under 12
paragraph (2) after the date of enactment of the 13
America’s Transportation Infrastructure Act of 2019 14
shall include techniques to assess passage of aquatic 15
and terrestrial species and habitat restoration poten-16
tial.’’. 17
SEC. 1126. CONSOLIDATION OF PROGRAMS. 18
Section 1519(a) of MAP–21 (Public Law 112–141; 126 19
Stat. 574; 129 Stat. 1423) is amended, in the matter pre-20
ceding paragraph (1), by striking ‘‘fiscal years 2016 21
through 2020’’ and inserting ‘‘fiscal years 2021 through 22
2025’’. 23
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SEC. 1127. STATE FREIGHT ADVISORY COMMITTEES. 1
Section 70201 of title 49, United States Code, is 2
amended— 3
(1) in subsection (a), by striking ‘‘representatives 4
of ports, freight railroads,’’ and all that follows 5
through the period at the end and inserting the fol-6
lowing: ‘‘representatives of— 7
‘‘(1) ports, if applicable; 8
‘‘(2) freight railroads, if applicable; 9
‘‘(3) shippers; 10
‘‘(4) carriers; 11
‘‘(5) freight-related associations; 12
‘‘(6) third-party logistics providers; 13
‘‘(7) the freight industry workforce; 14
‘‘(8) the transportation department of the State; 15
‘‘(9) metropolitan planning organizations; 16
‘‘(10) local governments; 17
‘‘(11) the environmental protection department 18
of the State, if applicable; 19
‘‘(12) the air resources board of the State, if ap-20
plicable; and 21
‘‘(13) economic development agencies of the 22
State.’’; 23
(2) in subsection (b)(5), by striking ‘‘70202.’’ 24
and inserting ‘‘70202, including by providing advice 25
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regarding the development of the freight investment 1
plan; and’’; 2
(3) by redesignating subsection (b) as subsection 3
(c); and 4
(4) by inserting after subsection (a) the fol-5
lowing: 6
‘‘(b) QUALIFICATIONS.—Each member of a freight ad-7
visory committee established under subsection (a) shall have 8
qualifications sufficient to serve on a freight advisory com-9
mittee, including, as applicable— 10
‘‘(1) general business and financial experience; 11
‘‘(2) experience or qualifications in the areas of 12
freight transportation and logistics; 13
‘‘(3) experience in transportation planning; 14
‘‘(4) experience representing employees of the 15
freight industry; or 16
‘‘(5) experience representing a State, local gov-17
ernment, or metropolitan planning organization.’’. 18
SEC. 1128. TERRITORIAL AND PUERTO RICO HIGHWAY PRO-19
GRAM. 20
Section 165 of title 23, United States Code, is amend-21
ed— 22
(1) in subsection (a), by striking paragraphs (1) 23
and (2) and inserting the following: 24
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‘‘(1) for the Puerto Rico highway program under 1
subsection (b)— 2
‘‘(A) $161,500,000 shall be for fiscal year 3
2021; 4
‘‘(B) $165,000,000 shall be for fiscal year 5
2022; 6
‘‘(C) $168,000,000 shall be for fiscal year 7
2023; 8
‘‘(D) $171,000,000 shall be for fiscal year 9
2024; and 10
‘‘(E) $175,500,000 shall be for fiscal year 11
2025; and 12
‘‘(2) for the territorial highway program under 13
subsection (c)— 14
‘‘(A) $43,000,000 shall be for fiscal year 15
2021; 16
‘‘(B) $43,000,000 shall be for fiscal year 17
2022; 18
‘‘(C) $44,000,000 shall be for fiscal year 19
2023; 20
‘‘(D) $45,000,000 shall be for fiscal year 21
2024; and 22
‘‘(E) $46,000,000 shall be for fiscal year 23
2025.’’; and 24
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(2) in subsection (c)(7), by striking ‘‘paragraphs 1
(1) through (4) of section 133(c) and section 2
133(b)(12)’’ and inserting ‘‘paragraphs (1), (2), (3), 3
and (5) of section 133(c) and section 133(b)(13)’’. 4
SEC. 1129. NATIONALLY SIGNIFICANT FEDERAL LANDS AND 5
TRIBAL PROJECTS PROGRAM. 6
Section 1123 of the FAST Act (23 U.S.C. 201 note; 7
Public Law 114–94) is amended— 8
(1) in subsection (c)(3), by striking 9
‘‘$25,000,000’’ and all that follows through the period 10
at the end and inserting ‘‘$12,500,000.’’; 11
(2) in subsection (g)— 12
(A) by striking the subsection designation 13
and heading and all that follows through ‘‘The 14
Federal’’ in paragraph (1) and inserting the fol-15
lowing: 16
‘‘(g) COST SHARE.— 17
‘‘(1) FEDERAL SHARE.— 18
‘‘(A) IN GENERAL.—Except as provided in 19
subparagraph (B), the Federal’’; 20
(B) in paragraph (1), by adding at the end 21
the following: 22
‘‘(B) TRIBAL PROJECTS.—In the case of a 23
project on a tribal transportation facility (as de-24
fined in section 101(a) of title 23, United States 25
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Code), the Federal share of the cost of the project 1
shall be 100 percent.’’; and 2
(C) in paragraph (2), by striking ‘‘other 3
than those made available under title 23 or title 4
49, United States Code,’’; and 5
(3) by striking subsection (h) and inserting the 6
following: 7
‘‘(h) USE OF FUNDS.— 8
‘‘(1) IN GENERAL.—For each fiscal year, of the 9
amounts made available to carry out this section— 10
‘‘(A) 50 percent shall be used for eligible 11
projects on Federal lands transportation facili-12
ties and Federal lands access transportation fa-13
cilities (as those terms are defined in section 14
101(a) of title 23, United States Code); and 15
‘‘(B) 50 percent shall be used for eligible 16
projects on tribal transportation facilities (as de-17
fined in section 101(a) of title 23, United States 18
Code). 19
‘‘(2) REQUIREMENT.—Not less than 1 eligible 20
project carried out using the amount described in 21
paragraph (1)(A) shall be in a unit of the National 22
Park System with not less than 3,000,000 annual 23
visitors. 24
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‘‘(3) AVAILABILITY.—Amounts made available 1
under to carry out this section shall remain available 2
for a period of 3 fiscal years following the fiscal year 3
for which the amounts are appropriated.’’. 4
SEC. 1130. TRIBAL HIGH PRIORITY PROJECTS PROGRAM. 5
Section 1123(h) of MAP–21 (23 U.S.C. 202 note; Pub-6
lic Law 112–141) is amended— 7
(1) by redesignating paragraph (2) as para-8
graph (3); 9
(2) in paragraph (3) (as so redesignated), in the 10
matter preceding subparagraph (A), by striking 11
‘‘paragraph (1)’’ and inserting ‘‘paragraphs (1) and 12
(2)’’; and 13
(3) by striking the subsection designation and 14
heading and all that follows through the period at the 15
end of paragraph (1) and inserting the following: 16
‘‘(h) FUNDING.— 17
‘‘(1) SET-ASIDE.—For each of fiscal years 2021 18
through 2025, of the amounts made available to carry 19
out the tribal transportation program under section 20
202 of title 23, United States Code, for that fiscal 21
year, the Secretary shall use $9,000,000 to carry out 22
the program. 23
‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—In 24
addition to amounts made available under paragraph 25
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(1), there is authorized to be appropriated 1
$30,000,000 out of the general fund of the Treasury 2
to carry out the program for each of fiscal years 2021 3
through 2025.’’. 4
Subtitle B—Planning and 5
Performance Management 6
SEC. 1201. TRANSPORTATION PLANNING. 7
(a) METROPOLITAN TRANSPORTATION PLANNING.— 8
Section 134 of title 23, United States Code, is amended— 9
(1) in subsection (d)— 10
(A) in paragraph (3), by adding at the end 11
the following: 12
‘‘(D) CONSIDERATIONS.—In designating of-13
ficials or representatives under paragraph (2) for 14
the first time, subject to the bylaws or enabling 15
statute of the metropolitan planning organiza-16
tion, the metropolitan planning organization 17
shall consider the equitable and proportional 18
representation of the population of the metropoli-19
tan planning area.’’; and 20
(B) in paragraph (7)— 21
(i) by striking ‘‘an existing metropoli-22
tan planning area’’ and inserting ‘‘an ur-23
banized area (as defined by the Bureau of 24
the Census)’’; and 25
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(ii) by striking ‘‘the existing metropoli-1
tan planning area’’ and inserting ‘‘the 2
area’’; 3
(2) in subsection (g)— 4
(A) in paragraph (1), by striking ‘‘a metro-5
politan area’’ and inserting ‘‘an urbanized area 6
(as defined by the Bureau of the Census)’’; and 7
(B) by adding at the end the following: 8
‘‘(4) COORDINATION BETWEEN MPOS.—If more 9
than 1 metropolitan planning organization is des-10
ignated within an urbanized area (as defined by the 11
Bureau of the Census) under subsection (d)(7), the 12
metropolitan planning organizations designated with-13
in the area shall ensure, to the maximum extent prac-14
ticable, the consistency of any data used in the plan-15
ning process, including information used in fore-16
casting travel demand. 17
‘‘(5) SAVINGS CLAUSE.—Nothing in this sub-18
section requires metropolitan planning organizations 19
designated within a single urbanized area to jointly 20
develop planning documents, including a unified 21
long-range transportation plan or unified TIP.’’; and 22
(3) in subsection (i)(6), by adding at the end the 23
following: 24
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‘‘(D) USE OF TECHNOLOGY.—A metropoli-1
tan planning organization may use social media 2
and other web-based tools— 3
‘‘(i) to further encourage public par-4
ticipation; and 5
‘‘(ii) to solicit public feedback during 6
the transportation planning process.’’. 7
(b) STATEWIDE AND NONMETROPOLITAN TRANSPOR-8
TATION PLANNING.—Section 135(f)(3) of title 23, United 9
States Code, is amended by adding at the end the following: 10
‘‘(C) USE OF TECHNOLOGY.—A State may 11
use social media and other web-based tools— 12
‘‘(i) to further encourage public par-13
ticipation; and 14
‘‘(ii) to solicit public feedback during 15
the transportation planning process.’’. 16
SEC. 1202. FISCAL CONSTRAINT ON LONG-RANGE TRANS-17
PORTATION PLANS. 18
Not later than 1 year after the date of enactment of 19
this Act, the Secretary shall amend section 20
450.324(f)(11)(v) of title 23, Code of Federal Regulations, 21
to ensure that the outer years of a metropolitan transpor-22
tation plan are defined as ‘‘beyond the first 4 years’’. 23
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SEC. 1203. STATE HUMAN CAPITAL PLANS. 1
(a) IN GENERAL.—Chapter 1 of title 23, United States 2
Code (as amended by section 1125(c)(1)), is amended by 3
adding at the end the following: 4
‘‘§ 176. State human capital plans 5
‘‘(a) IN GENERAL.—Not later than 18 months after the 6
date of enactment of this section, the Secretary shall encour-7
age each State to develop a voluntary plan, to be known 8
as a ‘human capital plan’, that provides for the immediate 9
and long-term personnel and workforce needs of the State 10
with respect to the capacity of the State to deliver transpor-11
tation and public infrastructure eligible under this title. 12
‘‘(b) PLAN CONTENTS.— 13
‘‘(1) IN GENERAL.—A human capital plan devel-14
oped by a State under subsection (a) shall, to the 15
maximum extent practicable, take into consider-16
ation— 17
‘‘(A) significant transportation workforce 18
trends, needs, issues, and challenges with respect 19
to the State; 20
‘‘(B) the human capital policies, strategies, 21
and performance measures that will guide the 22
transportation-related workforce investment deci-23
sions of the State; 24
‘‘(C) coordination with educational institu-25
tions, industry, organized labor, workforce 26
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boards, and other agencies or organizations to 1
address the human capital transportation needs 2
of the State; 3
‘‘(D) a workforce planning strategy that 4
identifies current and future human capital 5
needs, including the knowledge, skills, and abili-6
ties needed to recruit and retain skilled workers 7
in the transportation industry; 8
‘‘(E) a human capital management strategy 9
that is aligned with the transportation mission, 10
goals, and organizational objectives of the State; 11
‘‘(F) an implementation system for work-12
force goals focused on addressing continuity of 13
leadership and knowledge sharing across the 14
State; 15
‘‘(G) an implementation system that ad-16
dresses workforce competency gaps, particularly 17
in mission-critical occupations; 18
‘‘(H) in the case of public-private partner-19
ships or other alternative project delivery meth-20
ods to carry out the transportation program of 21
the State, a description of workforce needs— 22
‘‘(i) to ensure that the transportation 23
mission, goals, and organizational objectives 24
of the State are fully carried out; and 25
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‘‘(ii) to ensure that procurement meth-1
ods provide the best public value; 2
‘‘(I) a system for analyzing and evaluating 3
the performance of the State department of 4
transportation with respect to all aspects of 5
human capital management policies, programs, 6
and activities; and 7
‘‘(J) the manner in which the plan will im-8
prove the ability of the State to meet the na-9
tional policy in support of performance manage-10
ment established under section 150. 11
‘‘(2) PLANNING PERIOD.—If a State develops a 12
human capital plan under subsection (a), the plan 13
shall address a 5-year forecast period. 14
‘‘(c) PLAN UPDATES.—If a State develops a human 15
capital plan under subsection (a), the State shall update 16
the plan not less frequently than once every 5 years. 17
‘‘(d) RELATIONSHIP TO LONG-RANGE PLAN.— 18
‘‘(1) IN GENERAL.—Subject to paragraph (2), a 19
human capital plan developed by a State under sub-20
section (a) may be developed separately from, or in-21
corporated into, the long-range statewide transpor-22
tation plan required under section 135. 23
‘‘(2) EFFECT OF SECTION.—Nothing in this sec-24
tion requires a State, or authorizes the Secretary to 25
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require a State, to incorporate a human capital plan 1
into the long-range statewide transportation plan re-2
quired under section 135. 3
‘‘(e) PUBLIC AVAILABILITY.—Each State that develops 4
a human capital plan under subsection (a) shall make a 5
copy of the plan available to the public in a user-friendly 6
format on the website of the State department of transpor-7
tation. 8
‘‘(f) SAVINGS PROVISION.—Nothing in this section pre-9
vents a State from carrying out transportation workforce 10
planning— 11
‘‘(1) not described in this section; or 12
‘‘(2) not in accordance with this section.’’. 13
(b) CLERICAL AMENDMENT.—The analysis for chapter 14
1 of title 23, United States Code (as amended by section 15
1125(c)(2)), is amended by inserting after the item relating 16
to section 175 the following: 17
‘‘176. State human capital plans.’’.
SEC. 1204. ACCESSIBILITY DATA PILOT PROGRAM. 18
(a) IN GENERAL.—Not later than 1 year after the date 19
of enactment of this Act, the Secretary shall establish an 20
accessibility data pilot program (referred to in this section 21
as the ‘‘pilot program’’). 22
(b) PURPOSE.—The purpose of the pilot program is 23
to develop or procure an accessibility data set and make 24
that data set available to each eligible entity selected to par-25
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ticipate in the pilot program to improve the transportation 1
planning of those eligible entities by— 2
(1) measuring the level of access by multiple 3
transportation modes to important destinations, 4
which may include— 5
(A) jobs, including areas with a concentra-6
tion of available jobs; 7
(B) health care facilities; 8
(C) child care services; 9
(D) educational and workforce training fa-10
cilities; 11
(E) affordable housing; 12
(F) food sources; and 13
(G) connections between modes, including 14
connections to— 15
(i) high-quality transit or rail service; 16
(ii) safe bicycling corridors; and 17
(iii) safe sidewalks that achieve com-18
pliance with applicable requirements of the 19
Americans with Disabilities Act of 1990 (42 20
U.S.C. 12101 et seq.); 21
(2) disaggregating the level of access by multiple 22
transportation modes by a variety of population cat-23
egories, which may include— 24
(A) low-income populations; 25
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(B) minority populations; 1
(C) age; 2
(D) disability; and 3
(E) geographical location; and 4
(3) assessing the change in accessibility that 5
would result from new transportation investments. 6
(c) ELIGIBLE ENTITIES.—An entity eligible to partici-7
pate in the pilot program is— 8
(1) a State (as defined in section 101(a) of title 9
23, United States Code); 10
(2) a metropolitan planning organization; or 11
(3) a rural transportation planning organiza-12
tion. 13
(d) APPLICATION.—To be eligible to participate in the 14
pilot program, an eligible entity shall submit to the Sec-15
retary an application at such time, in such manner, and 16
containing such information as the Secretary may require, 17
including information relating to— 18
(1) previous experience of the eligible entity 19
measuring transportation access or other performance 20
management experience; 21
(2) the types of important destinations to which 22
the eligible entity intends to measure access; 23
(3) the types of data disaggregation the eligible 24
entity intends to pursue; 25
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(4) a general description of the methodology the 1
eligible entity intends to apply; and 2
(5) if the applicant does not intend the pilot pro-3
gram to apply to the full area under the jurisdiction 4
of the applicant, a description of the geographic area 5
in which the applicant intends the pilot program to 6
apply. 7
(e) SELECTION.— 8
(1) IN GENERAL.—The Secretary shall seek to 9
achieve diversity of participants in the pilot program 10
by selecting a range of eligible entities that shall in-11
clude— 12
(A) States; 13
(B) metropolitan planning organizations 14
that serve an area with a population of 200,000 15
people or fewer; 16
(C) metropolitan planning organizations 17
that serve an area with a population of over 18
200,000 people; and 19
(D) rural transportation planning organi-20
zations. 21
(2) INCLUSIONS.—The Secretary shall seek to en-22
sure that, among the eligible entities selected under 23
paragraph (1), there is— 24
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(A) a range of capacity and previous expe-1
rience with measuring transportation access; and 2
(B) a variety of proposed methodologies and 3
focus areas for measuring level of access. 4
(f) DUTIES.—For each eligible entity participating in 5
the pilot program, the Secretary shall— 6
(1) develop or acquire an accessibility data set 7
described in subsection (b); and 8
(2) submit the data set to the eligible entity. 9
(g) METHODOLOGY.—In calculating the measures for 10
the data set under the pilot program, the Secretary shall 11
ensure that methodology is open source. 12
(h) AVAILABILITY.—The Secretary shall make an ac-13
cessibility data set under the pilot program available to— 14
(1) units of local government within the jurisdic-15
tion of the eligible entity participating in the pilot 16
program; and 17
(2) researchers. 18
(i) REPORT.—Not later than 120 days after the last 19
date on which the Secretary submits data sets to the eligible 20
entity under subsection (f), the Secretary shall submit to 21
Congress a report on the results of the program, including 22
the feasibility of developing and providing periodic accessi-23
bility data sets for all States, regions, and localities. 24
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(j) FUNDING.—The Secretary shall carry out the pilot 1
program using amounts made available to the Secretary for 2
administrative expenses to carry out programs under the 3
authority of the Secretary. 4
(k) SUNSET.—The pilot program shall terminate on 5
the date that is 8 years after the date on which the pilot 6
program is implemented. 7
SEC. 1205. PRIORITIZATION PROCESS PILOT PROGRAM. 8
(a) DEFINITIONS.—In this section: 9
(1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-10
ty’’ means— 11
(A) a metropolitan planning organization 12
that serves an area with a population of over 13
200,000; and 14
(B) a State. 15
(2) METROPOLITAN PLANNING ORGANIZATION.— 16
The term ‘‘metropolitan planning organization’’ has 17
the meaning given the term in section 134(b) of title 18
23, United States Code. 19
(3) PRIORITIZATION PROCESS PILOT PRO-20
GRAM.—The term ‘‘prioritization process pilot pro-21
gram’’ means the pilot program established under 22
subsection (b)(1). 23
(b) ESTABLISHMENT.— 24
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(1) IN GENERAL.—The Secretary shall establish, 1
and solicit applications for a prioritization process 2
pilot program. 3
(2) PURPOSE.—The purpose of the prioritization 4
process pilot program shall be to support data-driven 5
approaches to planning that, on completion, can be 6
evaluated for public benefit. 7
(c) PILOT PROGRAM ADMINISTRATION.— 8
(1) IN GENERAL.—An eligible entity partici-9
pating in the prioritization process pilot program 10
shall— 11
(A) use priority objectives that are devel-12
oped— 13
(i) in the case of an urbanized area 14
with a population of over 200,000, by the 15
metropolitan planning organization that 16
serves the area, in consultation with the 17
State; 18
(ii) in the case of an urbanized area 19
with a population of 200,000 or fewer, by 20
the State in consultation with all metropoli-21
tan planning organizations in the State; 22
and 23
(iii) through a public process that pro-24
vides an opportunity for public input; 25
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(B) assess and score projects and strategies 1
on the basis of— 2
(i) the contribution and benefits of the 3
project or strategy to each priority objective 4
developed under subparagraph (A); 5
(ii) the cost of the project or strategy 6
relative to the contribution and benefits as-7
sessed and scored under clause (i); and 8
(iii) public support; 9
(C) use the scores assigned under subpara-10
graph (B) to guide project selection in the devel-11
opment of the transportation plan and transpor-12
tation improvement program; and 13
(D) ensure that the public— 14
(i) has opportunities to provide public 15
comment on projects before decisions are 16
made on the transportation plan and the 17
transportation improvement program; and 18
(ii) has access to clear reasons why 19
each project or strategy was selected or not 20
selected. 21
(2) REQUIREMENTS.—An eligible entity that re-22
ceives a grant under the prioritization process pilot 23
program shall use the funds as described in each of 24
the following, as applicable: 25
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(A) METROPOLITAN TRANSPORTATION PLAN-1
NING.—In the case of a metropolitan planning 2
organization that serves an area with a popu-3
lation of over 200,000, the entity shall— 4
(i) develop and implement a publicly 5
accessible, transparent prioritization proc-6
ess for the selection of projects for inclusion 7
on the transportation plan for the metro-8
politan planning area under section 134(i) 9
of title 23, United States Code, and section 10
5303(i) of title 49, United States Code, 11
which shall— 12
(I) include criteria identified by 13
the metropolitan planning organiza-14
tion, which may be weighted to reflect 15
the priority objectives developed under 16
paragraph (1)(A), that the metropoli-17
tan planning organization has deter-18
mined support— 19
(aa) factors described in sec-20
tion 134(h) of title 23, United 21
States Code, and section 5303(h) 22
of title 49, United States Code; 23
(bb) targets for national per-24
formance measures under section 25
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150(b) of title 23, United States 1
Code; 2
(cc) applicable transpor-3
tation goals in the metropolitan 4
planning area or State set by the 5
applicable transportation agency; 6
and 7
(dd) priority objectives devel-8
oped under paragraph (1)(A); 9
(II) evaluate the outcomes for each 10
proposed project on the basis of the 11
benefits of the proposed project with re-12
spect to each of the criteria described 13
in subclause (I) relative to the cost of 14
the proposed project; and 15
(III) use the evaluation under 16
subclause (II) to create a ranked list of 17
proposed projects; and 18
(ii) with respect to the priority list 19
under section 134(j)(2)(A) of title 23 and 20
section 5303(j)(2)(A) of title 49, United 21
States Code, include projects according to 22
the rank of the project under clause (i)(III), 23
except as provided in subparagraph (D). 24
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(B) STATEWIDE TRANSPORTATION PLAN-1
NING.—In the case of a State, the State shall— 2
(i) develop and implement a publicly 3
accessible, transparent process for the selec-4
tion of projects for inclusion on the long- 5
range statewide transportation plan under 6
section 135(f) of title 23, United States 7
Code, which shall— 8
(I) include criteria identified by 9
the State, which may be weighted to re-10
flect statewide priorities, that the State 11
has determined support— 12
(aa) factors described in sec-13
tion 135(d) of title 23, United 14
States Code, and section 5304(d) 15
of title 49, United States Code; 16
(bb) national transportation 17
goals under section 150(b) of title 18
23, United States Code; 19
(cc) applicable transpor-20
tation goals in the State; and 21
(dd) the priority objectives 22
developed under paragraph 23
(1)(A); 24
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(II) evaluate the outcomes for each 1
proposed project on the basis of the 2
benefits of the proposed project with re-3
spect to each of the criteria described 4
in subclause (I) relative to the cost of 5
the proposed project; and 6
(III) use the evaluation under 7
subclause (II) to create a ranked list of 8
proposed projects; and 9
(ii) with respect to the statewide trans-10
portation improvement program under sec-11
tion 135(g) of title 23, United States Code, 12
and section 5304(g) of title 49, United 13
States Code, include projects according to 14
the rank of the project under clause (i)(III), 15
except as provided in subparagraph (D). 16
(C) ADDITIONAL TRANSPORTATION PLAN-17
NING.—If the eligible entity has implemented, 18
and has in effect, the requirements under sub-19
paragraph (A) or (B), as applicable, the eligible 20
entity may use any remaining funds from a 21
grant provided under the pilot program for any 22
transportation planning purpose. 23
(D) EXCEPTIONS TO PRIORITY RANKING.— 24
In the case of any project that the eligible entity 25
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chooses to include or not include in the transpor-1
tation improvement program under section 2
134(j) of title 23, United States Code, or the 3
statewide transportation improvement program 4
under section 135(g) of title 23, United States 5
Code, as applicable, in a manner that is con-6
trary to the priority ranking for that project es-7
tablished under subparagraph (A)(i)(III) or 8
(B)(i)(III), the eligible entity shall make publicly 9
available an explanation for the decision, includ-10
ing— 11
(i) a review of public comments re-12
garding the project; 13
(ii) an evaluation of public support for 14
the project; 15
(iii) an assessment of geographic bal-16
ance of projects of the eligible entity; and 17
(iv) the number of projects of the eligi-18
ble entity in economically distressed areas. 19
(3) MAXIMUM AMOUNT.—The maximum amount 20
of a grant under the prioritization process pilot pro-21
gram is $2,000,000. 22
(d) APPLICATIONS.—To be eligible to participate in 23
the prioritization process pilot program, an eligible entity 24
shall submit to the Secretary an application at such time, 25
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in such manner, and containing such information as the 1
Secretary may require. 2
SEC. 1206. EXEMPTIONS FOR LOW POPULATION DENSITY 3
STATES. 4
Section 150 of title 23, United States Code, is amended 5
by adding at the end the following: 6
‘‘(f) EXEMPTIONS FOR LOW POPULATION DENSITY 7
STATES.— 8
‘‘(1) IN GENERAL.—The Secretary shall grant, 9
on the election of and in consultation with a State, 10
an exemption from 1 or more of the requirements de-11
scribed in paragraph (2)(A) if the State— 12
‘‘(A) is on the list of eligible States under 13
paragraph (5) for the applicable performance pe-14
riod; and 15
‘‘(B) provides a written notice of the elec-16
tion that includes an explanation under para-17
graph (4)(A). 18
‘‘(2) REQUIREMENTS DESCRIBED.— 19
‘‘(A) STATE REQUIREMENTS.—The require-20
ments from which a State described in para-21
graph (1) may elect an exemption are— 22
‘‘(i) requirements established under 23
subclauses (IV) and (V) of subsection 24
(c)(3)(A)(ii); 25
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‘‘(ii) requirements established under 1
subsection (c)(5)(A); 2
‘‘(iii) requirements established under 3
subsection (c)(6); and 4
‘‘(iv) targeting, data, reporting, or ad-5
ministrative requirements established under 6
subsections (d) and (e) that are related to a 7
requirement described in clause (i), (ii), or 8
(iii) from which the State elects to receive 9
an exemption. 10
‘‘(B) METROPOLITAN PLANNING ORGANIZA-11
TION REQUIREMENTS.—A metropolitan planning 12
organization with a metropolitan planning area 13
that is located entirely within a State that is ex-14
empt shall be exempt from the requirements 15
under section 134(h)(2)(B) that relate to each 16
measure described in subparagraph (A) from 17
which the State of the metropolitan planning or-18
ganization is exempt. 19
‘‘(3) TERM.—An exemption applied under para-20
graph (1) — 21
‘‘(A) shall be in effect until the date that is 22
4 years after the date on which the performance 23
period promulgated by the Secretary under sub-24
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section (d) in effect at the time the exemption is 1
applied ends; and 2
‘‘(B) may be renewed by the State for an 3
additional 4-year term at the end of each per-4
formance period if, in accordance with para-5
graph (4)— 6
‘‘(i) the State submits another written 7
explanation; and 8
‘‘(ii) the State continues to be included 9
on the list of eligible States under para-10
graph (5). 11
‘‘(4) NOTIFICATION OF ELECTION OF EXEMP-12
TION.— 13
‘‘(A) IN GENERAL.—To be eligible to make 14
an election under paragraph (1), not later than 15
September 1 of the calendar year preceding the 16
calendar year in which the next performance pe-17
riod promulgated by the Secretary under sub-18
section (d) begins, a State described in that 19
paragraph— 20
‘‘(i) shall submit to the Secretary— 21
‘‘(I) identification of the 1 or 22
more requirements described in para-23
graph (2)(A) for which an exemption 24
is elected; and 25
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‘‘(II) a written notice that in-1
cludes an explanation advising the 2
Secretary that the State is not experi-3
encing significant performance issues 4
on the surface transportation system of 5
the State with respect to each require-6
ment referred to in subclause (I); and 7
‘‘(ii) may submit to the Secretary any 8
other information or material that the State 9
chooses to include in the notice. 10
‘‘(B) SPECIAL RULE.—Notwithstanding the 11
deadline described in subparagraph (A), a State 12
described in paragraph (1) may submit a notice 13
under subparagraph (A) at any time before Sep-14
tember 1, 2021. 15
‘‘(5) ELIGIBLE STATES.— 16
‘‘(A) IN GENERAL.—Not later than 60 days 17
after the date of enactment of this subsection and 18
thereafter, on each September 1 of the calendar 19
year 2 years prior to the calendar year in which 20
the next performance period promulgated by the 21
Secretary under subsection (d) begins, the Sec-22
retary shall publish a list of States that may 23
elect to receive an exemption from a requirement 24
described in paragraph (2)(A). 25
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‘‘(B) INCLUSIONS.—The Secretary shall in-1
clude on the list under subparagraph (A)— 2
‘‘(i) any State that— 3
‘‘(I) has a population per square 4
mile of area that is less than the popu-5
lation per square mile of area of the 6
United States, based on the latest 7
available Bureau of the Census data at 8
the time the Secretary publishes the 9
list; 10
‘‘(II) does not include an urban-11
ized area with a population of over 12
200,000 within the State; and 13
‘‘(III) has no repeated delays or 14
other persistent impediments to travel 15
reliability on the portions of the Na-16
tional Highway System in the State 17
that the Secretary determines to be ex-18
cessive; and 19
‘‘(ii) based on the latest available Bu-20
reau of the Census data at the time the Sec-21
retary publishes the list, any State that— 22
‘‘(I) has a population density of 23
less than 15 persons per square mile of 24
area; and 25
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‘‘(II) does not include an urban-1
ized area with a population of over 2
200,000. 3
‘‘(6) NATIONAL REPORTING.— 4
‘‘(A) ELIGIBLE STATES.—For each State 5
included on the list of eligible States under para-6
graph (5), the Secretary shall submit to the Com-7
mittee on Environment and Public Works of the 8
Senate and the Committee on Transportation 9
and Infrastructure of the House of Representa-10
tives a report on the status of traffic congestion, 11
travel reliability, truck travel reliability, and 12
any other relevant performance metrics on the 13
portions of the National Highway System in the 14
State, including any delays or impediments that 15
the Secretary determines to be excessive. 16
‘‘(B) EXEMPT STATES.—For each eligible 17
State under paragraph (5) that elects to receive 18
an exemption under paragraph (1), the Sec-19
retary shall— 20
‘‘(i) submit to the Committee on Envi-21
ronment and Public Works of the Senate 22
and the Committee on Transportation and 23
Infrastructure of the House of Representa-24
tives a report on the results of performance 25
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measures for all exemptions applied to that 1
State under this subsection; and 2
‘‘(ii) make publicly available as part of 3
the State performance dashboard on the De-4
partment of Transportation website infor-5
mation on the performance of the State with 6
respect to any requirements from which the 7
State is exempt.’’. 8
SEC. 1207. TRAVEL DEMAND DATA AND MODELING. 9
(a) DEFINITION OF METROPOLITAN PLANNING ORGA-10
NIZATION.—In this section, the term ‘‘metropolitan plan-11
ning organization’’ has the meaning given the term in sec-12
tion 134(b) of title 23, United States Code. 13
(b) STUDY.— 14
(1) IN GENERAL.—Not later than 2 years after 15
the date of enactment of this Act, and not less fre-16
quently than once every 5 years thereafter, the Sec-17
retary shall carry out a study that— 18
(A) gathers travel data and travel demand 19
forecasts from a representative sample of States 20
and metropolitan planning organizations; 21
(B) uses the data and forecasts gathered 22
under subparagraph (A) to compare travel de-23
mand forecasts with the observed data, includ-24
ing— 25
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(i) traffic counts; 1
(ii) travel mode share and public tran-2
sit ridership; and 3
(iii) vehicle occupancy measures; and 4
(C) uses the information described in sub-5
paragraphs (A) and (B)— 6
(i) to develop best practices or guid-7
ance for States and metropolitan planning 8
organizations to use in forecasting travel 9
demand for future investments in transpor-10
tation improvements; 11
(ii) to evaluate the impact of transpor-12
tation investments, including new roadway 13
capacity, on travel behavior and travel de-14
mand, including public transportation rid-15
ership, induced highway travel, and conges-16
tion; 17
(iii) to support more accurate travel 18
demand forecasting by States and metro-19
politan planning organizations; and 20
(iv) to enhance the capacity of States 21
and metropolitan planning organizations— 22
(I) to forecast travel demand; and 23
(II) to track observed travel be-24
havior responses, including induced 25
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travel, to changes in transportation ca-1
pacity, pricing, and land use patterns. 2
(2) SECRETARIAL SUPPORT.—The Secretary 3
shall seek opportunities to support the transportation 4
planning processes under sections 134 and 135 of title 5
23, United States Code, through the provision of data 6
to States and metropolitan planning organizations to 7
improve the quality of plans, models, and forecasts 8
described in this subsection. 9
(3) EVALUATION TOOL.—The Secretary shall de-10
velop a publicly available multimodal web-based tool 11
for the purpose of enabling States and metropolitan 12
planning organizations to evaluate the effect of invest-13
ments in highway and public transportation projects 14
on the use and conditions of all transportation assets 15
within the State or area served by the metropolitan 16
planning organization, as applicable. 17
SEC. 1208. INCREASING SAFE AND ACCESSIBLE TRANSPOR-18
TATION OPTIONS. 19
(a) DEFINITION OF COMPLETE STREETS STANDARDS 20
OR POLICIES.—In this section, the term ‘‘Complete Streets 21
standards or policies’’ means standards or policies that en-22
sure the safe and adequate accommodation of all users of 23
the transportation system, including pedestrians, bicyclists, 24
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public transportation users, children, older individuals, in-1
dividuals with disabilities, motorists, and freight vehicles. 2
(b) FUNDING REQUIREMENT.—Notwithstanding any 3
other provision of law, each State and metropolitan plan-4
ning organization shall use to carry out 1 or more activities 5
described in subsection (c)— 6
(1) in the case of a State, not less than 2.5 per-7
cent of the amounts made available to the State to 8
carry out section 505 of title 23, United States Code; 9
and 10
(2) in the case of a metropolitan planning orga-11
nization, not less than 2.5 percent of the amounts 12
made available to the metropolitan planning organi-13
zation under section 104(d) of title 23, United States 14
Code. 15
(c) ACTIVITIES DESCRIBED.—An activity referred to 16
in subsection (b) is an activity to increase safe and acces-17
sible options for multiple travel modes for people of all ages 18
and abilities, which, if permissible under applicable State 19
and local laws, may include— 20
(1) adoption of Complete Streets standards or 21
policies; 22
(2) development of a Complete Streets 23
prioritization plan that identifies a specific list of 24
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Complete Streets projects to improve the safety, mobil-1
ity, or accessibility of a street; 2
(3) development of transportation plans— 3
(A) to create a network of active transpor-4
tation facilities, including sidewalks, bikeways, 5
or pedestrian and bicycle trails, to connect 6
neighborhoods with destinations such as work-7
places, schools, residences, businesses, recreation 8
areas, healthcare and child care services, or other 9
community activity centers; 10
(B) to integrate active transportation facili-11
ties with public transportation service or im-12
prove access to public transportation; 13
(C) to create multiuse active transportation 14
infrastructure facilities, including bikeways or 15
pedestrian and bicycle trails, that make connec-16
tions within or between communities; 17
(D) to increase public transportation rider-18
ship; and 19
(E) to improve the safety of bicyclists and 20
pedestrians; 21
(4) regional and megaregional planning to ad-22
dress travel demand and capacity constraints through 23
alternatives to new highway capacity, including 24
through intercity passenger rail; and 25
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(5) development of transportation plans and 1
policies that support transit-oriented development. 2
(d) FEDERAL SHARE.—The Federal share of the cost 3
of an activity carried out under this section shall be 100 4
percent. 5
Subtitle C—Project Delivery and 6
Process Improvement 7
SEC. 1301. EFFICIENT ENVIRONMENTAL REVIEWS FOR 8
PROJECT DECISIONMAKING AND ONE FED-9
ERAL DECISION. 10
(a) IN GENERAL.—Section 139 of title 23, United 11
States Code, is amended— 12
(1) in the section heading, by striking ‘‘deci-13
sionmaking’’ and inserting ‘‘decisionmaking 14
and One Federal Decision’’; 15
(2) in subsection (a)— 16
(A) by redesignating paragraphs (2) 17
through (8) as paragraphs (4), (5), (6), (8), (9), 18
(10), and (11), respectively; 19
(B) by inserting after paragraph (1) the fol-20
lowing: 21
‘‘(2) AUTHORIZATION.—The term ‘authorization’ 22
means any environmental license, permit, approval, 23
finding, or other administrative decision related to 24
the environmental review process that is required 25
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under Federal law to site, construct, or reconstruct a 1
project. 2
‘‘(3) ENVIRONMENTAL DOCUMENT.—The term 3
‘environmental document’ includes an environmental 4
assessment, finding of no significant impact, notice of 5
intent, environmental impact statement, or record of 6
decision under the National Environmental Policy 7
Act of 1969 (42 U.S.C. 4321 et seq.).’’; 8
(C) in subparagraph (B) of paragraph (5) 9
(as so redesignated), by striking ‘‘process for and 10
completion of any environmental permit’’ and 11
inserting ‘‘process and schedule, including a 12
timetable for and completion of any environ-13
mental permit’’; and 14
(D) by inserting after paragraph (6) (as so 15
redesignated) the following: 16
‘‘(7) MAJOR PROJECT.— 17
‘‘(A) IN GENERAL.—The term ‘major 18
project’ means a project for which— 19
‘‘(i) multiple permits, approvals, re-20
views, or studies are required under a Fed-21
eral law other than the National Environ-22
mental Policy Act of 1969 (42 U.S.C. 4321 23
et seq.); 24
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‘‘(ii) the project sponsor has identified 1
the reasonable availability of funds suffi-2
cient to complete the project; 3
‘‘(iii) the project is not a covered 4
project (as defined in section 41001 of the 5
FAST Act (42 U.S.C. 4370m)); and 6
‘‘(iv)(I) the head of the lead agency has 7
determined that an environmental impact 8
statement is required; or 9
‘‘(II) the head of the lead agency has 10
determined that an environmental assess-11
ment is required, and the project sponsor re-12
quests that the project be treated as a major 13
project. 14
‘‘(B) CLARIFICATION.—In this section, the 15
term ‘major project’ does not have the same 16
meaning as the term ‘major project’ as described 17
in section 106(h).’’; 18
(3) in subsection (b)(1)— 19
(A) by inserting ‘‘, including major 20
projects,’’ after ‘‘all projects’’; and 21
(B) by inserting ‘‘as requested by a project 22
sponsor and’’ after ‘‘applied,’’; 23
(4) in subsection (c)— 24
(A) in paragraph (6)— 25
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(i) in subparagraph (B), by striking 1
‘‘and’’ at the end; 2
(ii) in subparagraph (C), by striking 3
the period at the end and inserting ‘‘; and’’; 4
and 5
(iii) by adding at the end the fol-6
lowing: 7
‘‘(D) to calculate annually the average time 8
taken by the lead agency to complete all environ-9
mental documents for each project during the 10
previous fiscal year’’; and 11
(B) by adding at the end the following: 12
‘‘(7) PROCESS IMPROVEMENTS FOR PROJECTS.— 13
‘‘(A) IN GENERAL.—The Secretary shall re-14
view— 15
‘‘(i) existing practices, procedures, 16
rules, regulations, and applicable laws to 17
identify impediments to meeting the re-18
quirements applicable to projects under this 19
section; and 20
‘‘(ii) best practices, programmatic 21
agreements, and potential changes to inter-22
nal departmental procedures that would fa-23
cilitate an efficient environmental review 24
process for projects. 25
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‘‘(B) CONSULTATION.—In conducting the 1
review under subparagraph (A), the Secretary 2
shall consult, as appropriate, with the heads of 3
other Federal agencies that participate in the en-4
vironmental review process. 5
‘‘(C) REPORT.—Not later than 2 years after 6
the date of enactment of the America’s Transpor-7
tation Infrastructure Act of 2019, the Secretary 8
shall submit to the Committee on Environment 9
and Public Works of the Senate and the Com-10
mittee on Transportation and Infrastructure of 11
the House of Representatives a report that in-12
cludes— 13
‘‘(i) the results of the review under sub-14
paragraph (A); and 15
‘‘(ii) an analysis of whether additional 16
funding would help the Secretary meet the 17
requirements applicable to projects under 18
this section.’’; 19
(5) in subsection (d)— 20
(A) in paragraph (8)— 21
(i) in the paragraph heading, by strik-22
ing ‘‘NEPA’’ and inserting ‘‘ENVIRON-23
MENTAL’’; 24
(ii) in subparagraph (A)— 25
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(I) by inserting ‘‘and except as 1
provided in subparagraph (D)’’ after 2
‘‘paragraph (7)’’; 3
(II) by striking ‘‘permits’’ and in-4
serting ‘‘authorizations’’; and 5
(III) by striking ‘‘single environ-6
ment document’’ and inserting ‘‘single 7
environmental document for each kind 8
of environmental document’’; 9
(iii) in subparagraph (B)(i)— 10
(I) by striking ‘‘an environmental 11
document’’ and inserting ‘‘environ-12
mental documents’’; and 13
(II) by striking ‘‘permits issued’’ 14
and inserting ‘‘authorizations’’; and 15
(iv) by adding at the end the following: 16
‘‘(D) EXCEPTIONS.—The lead agency may 17
waive the application of subparagraph (A) with 18
respect to a project if— 19
‘‘(i) the project sponsor requests that 20
agencies issue separate environmental docu-21
ments; 22
‘‘(ii) the obligations of a cooperating 23
agency or participating agency under the 24
National Environmental Policy Act of 1969 25
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(42 U.S.C. 4321 et seq.) have already been 1
satisfied with respect to the project; or 2
‘‘(iii) the lead agency determines that 3
reliance on a single environmental docu-4
ment (as described in subparagraph (A)) 5
would not facilitate timely completion of the 6
environmental review process for the 7
project.’’; and 8
(B) by adding at the end the following: 9
‘‘(10) TIMELY AUTHORIZATIONS FOR MAJOR 10
PROJECTS.— 11
‘‘(A) DEADLINE.—Except as provided in 12
subparagraph (C), all authorization decisions 13
necessary for the construction of a major project 14
shall be completed by not later than 90 days 15
after the date of the issuance of a record of deci-16
sion for the major project. 17
‘‘(B) DETAIL.—The final environmental 18
impact statement for a major project shall in-19
clude an adequate level of detail to inform deci-20
sions necessary for the role of the participating 21
agencies in the environmental review process. 22
‘‘(C) EXTENSION OF DEADLINE.—The head 23
of the lead agency may extend the deadline under 24
subparagraph (A) if— 25
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‘‘(i) Federal law prohibits the lead 1
agency or another agency from issuing an 2
approval or permit within the period de-3
scribed in that subparagraph; 4
‘‘(ii) the project sponsor requests that 5
the permit or approval follow a different 6
timeline; or 7
‘‘(iii) an extension would facilitate 8
completion of the environmental review and 9
authorization process of the major project.’’; 10
(6) in subsection (g)(1)— 11
(A) in subparagraph (B)— 12
(i) in clause (ii)(IV), by striking 13
‘‘schedule for and cost of’’ and inserting 14
‘‘time required by an agency to conduct an 15
environmental review and make decisions 16
under applicable Federal law relating to a 17
project (including the issuance or denial of 18
a permit or license) and the cost of’’; and 19
(ii) by adding at the end the following: 20
‘‘(iii) MAJOR PROJECT SCHEDULE.— 21
To the maximum extent practicable and 22
consistent with applicable Federal law, in 23
the case of a major project, the lead agency 24
shall develop, in concurrence with the 25
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project sponsor, a schedule for the major 1
project that is consistent with an agency av-2
erage of not more than 2 years for the com-3
pletion of the environmental review process 4
for major projects, as measured from, as ap-5
plicable— 6
‘‘(I) the date of publication of a 7
notice of intent to prepare an environ-8
mental impact statement to the record 9
of decision; or 10
‘‘(II) the date on which the head 11
of the lead agency determines that an 12
environmental assessment is required 13
to a finding of no significant impact.’’; 14
(B) by striking subparagraph (D) and in-15
serting the following: 16
‘‘(D) MODIFICATION.— 17
‘‘(i) IN GENERAL.—Except as provided 18
in clause (ii), the lead agency may lengthen 19
or shorten a schedule established under sub-20
paragraph (B) for good cause. 21
‘‘(ii) EXCEPTIONS.— 22
‘‘(I) MAJOR PROJECTS.—In the 23
case of a major project, the lead agency 24
may lengthen a schedule under clause 25
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(i) for a cooperating Federal agency by 1
not more than 1 year after the latest 2
deadline established for the major 3
project by the lead agency. 4
‘‘(II) SHORTENED SCHEDULES.— 5
The lead agency may not shorten a 6
schedule under clause (i) if doing so 7
would impair the ability of a cooper-8
ating Federal agency to conduct nec-9
essary analyses or otherwise carry out 10
relevant obligations of the Federal 11
agency for the project.’’; 12
(C) by redesignating subparagraph (E) as 13
subparagraph (F); and 14
(D) by inserting after subparagraph (D) the 15
following: 16
‘‘(E) FAILURE TO MEET DEADLINE.—If a 17
cooperating Federal agency fails to meet a dead-18
line established under subparagraph (D)(ii)(I)— 19
‘‘(i) the cooperating Federal agency 20
shall submit to the Secretary a report that 21
describes the reasons why the deadline was 22
not met; and 23
‘‘(ii) the Secretary shall— 24
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‘‘(I) transmit to the Committee on 1
Environment and Public Works of the 2
Senate and the Committee on Trans-3
portation and Infrastructure of the 4
House of Representatives a copy of the 5
report under clause (i); and 6
‘‘(II) make the report under clause 7
(i) publicly available on the internet.’’; 8
and 9
(7) by adding at the end the following: 10
‘‘(p) ACCOUNTABILITY AND REPORTING FOR MAJOR 11
PROJECTS.— 12
‘‘(1) IN GENERAL.—The Secretary shall establish 13
a performance accountability system to track each 14
major project. 15
‘‘(2) REQUIREMENTS.—The performance ac-16
countability system under paragraph (1) shall, for 17
each major project, track, at a minimum— 18
‘‘(A) the environmental review process for 19
the major project, including the project schedule; 20
‘‘(B) whether the lead agency, cooperating 21
agencies, and participating agencies are meeting 22
the schedule established for the environmental re-23
view process; and 24
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‘‘(C) the time taken to complete the environ-1
mental review process. 2
‘‘(q) DEVELOPMENT OF CATEGORICAL EXCLUSIONS.— 3
‘‘(1) IN GENERAL.—Not later than 60 days after 4
the date of enactment of this subsection, the Secretary 5
shall— 6
‘‘(A) in consultation with the agencies de-7
scribed in paragraph (2), identify the categorical 8
exclusions described in section 771.117 of title 9
23, Code of Federal Regulations (or successor 10
regulations), that would accelerate delivery of a 11
project if those categorical exclusions were avail-12
able to those agencies; 13
‘‘(B) collect existing documentation and 14
substantiating information on the categorical ex-15
clusions described in subparagraph (A); and 16
‘‘(C) provide to each agency described in 17
paragraph (2) a list of the categorical exclusions 18
identified under subparagraph (A) and the docu-19
mentation and substantiating information under 20
subparagraph (B). 21
‘‘(2) AGENCIES DESCRIBED.—The agencies re-22
ferred to in paragraph (1) are— 23
‘‘(A) the Department of the Interior; 24
‘‘(B) the Department of the Army; 25
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‘‘(C) the Department of Commerce; 1
‘‘(D) the Department of Agriculture; 2
‘‘(E) the Department of Energy; 3
‘‘(F) the Department of Defense; and 4
‘‘(G) any other Federal agency that has 5
participated in an environmental review process 6
for a project, as determined by the Secretary. 7
‘‘(3) ADOPTION OF CATEGORICAL EXCLUSIONS.— 8
‘‘(A) IN GENERAL.—Not later than 1 year 9
after the date on which the Secretary provides 10
the list under paragraph (1)(C), an agency de-11
scribed in paragraph (2) shall publish a notice 12
of proposed rulemaking to propose any categor-13
ical exclusions from the list applicable to the 14
agency, subject to the condition that the categor-15
ical exclusion identified under paragraph (1)(A) 16
meets the criteria for a categorical exclusion 17
under section 1508.4 of title 40, Code of Federal 18
Regulations (or successor regulations). 19
‘‘(B) PUBLIC COMMENT.—In a notice of 20
proposed rulemaking under subparagraph (A), 21
the applicable agency may solicit comments on 22
whether any of the proposed new categorical ex-23
clusions meet the criteria for a categorical exclu-24
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sion under section 1508.4 of title 40, Code of 1
Federal Regulations (or successor regulations).’’. 2
(b) CLERICAL AMENDMENT.—The analysis for chapter 3
1 of title 23, United States Code, is amended by striking 4
the item relating to section 139 and inserting the following: 5
‘‘139. Efficient environmental reviews for project decisionmaking and One Federal
Decision.’’.
SEC. 1302. WORK ZONE PROCESS REVIEWS. 6
The Secretary shall amend section 630.1008(e) of title 7
23, Code of Federal Regulations, to ensure that the work 8
zone process review under that subsection is required not 9
more frequently than once every 5 years. 10
SEC. 1303. TRANSPORTATION MANAGEMENT PLANS. 11
(a) IN GENERAL.—The Secretary shall amend section 12
630.1010(c) of title 23, Code of Federal Regulations, to en-13
sure that only a project described in that subsection with 14
a lane closure for 3 or more consecutive days shall be con-15
sidered to be a significant project for purposes of that sec-16
tion. 17
(b) NON-INTERSTATE PROJECTS.—Notwithstanding 18
any other provision of law, a State shall not be required 19
to develop or implement a transportation management plan 20
(as described in section 630.1012 of title 23, Code of Federal 21
Regulations (or successor regulations)) for a highway 22
project not on the Interstate System if the project requires 23
not more than 3 consecutive days of lane closures. 24
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SEC. 1304. INTELLIGENT TRANSPORTATION SYSTEMS. 1
(a) IN GENERAL.—The Secretary shall develop guid-2
ance for using existing flexibilities with respect to the sys-3
tems engineering analysis described in part 940 of title 23, 4
Code of Federal Regulations (or successor regulations). 5
(b) IMPLEMENTATION.—The Secretary shall ensure 6
that any guidance developed under subsection (a)— 7
(1) clearly identifies criteria for low-risk and ex-8
empt intelligent transportation systems projects, with 9
a goal of minimizing unnecessary delay or paperwork 10
burden; 11
(2) is consistently implemented by the Depart-12
ment nationwide; and 13
(3) is disseminated to Federal-aid recipients. 14
(c) SAVINGS PROVISION.—Nothing in this section pre-15
vents the Secretary from amending part 940 of title 23, 16
Code of Federal Regulations (or successor regulations), to 17
reduce State administrative burdens. 18
SEC. 1305. ALTERNATIVE CONTRACTING METHODS. 19
(a) ALTERNATIVE CONTRACTING METHODS FOR FED-20
ERAL LAND MANAGEMENT AGENCIES AND TRIBAL GOVERN-21
MENTS.—Section 201 of title 23, United States Code, is 22
amended by adding at the end the following: 23
‘‘(f) ALTERNATIVE CONTRACTING METHODS.— 24
‘‘(1) IN GENERAL.—Notwithstanding any other 25
provision of law (including the Federal Acquisition 26
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Regulation), a contracting method available to a 1
State under this title may be used by the Secretary, 2
on behalf of— 3
‘‘(A) a Federal land management agency, 4
in using any funds pursuant to sections 203, 5
204, or 308; 6
‘‘(B) a Federal land management agency, 7
in using any funds pursuant to section 1535 of 8
title 31 for any of the eligible uses described in 9
sections 203(a)(1) and 204(a)(1) and paragraphs 10
(1) and (2) of section 308(a); or 11
‘‘(C) a Tribal government, in using funds 12
pursuant to section 202(b)(7)(D). 13
‘‘(2) METHODS DESCRIBED.—The contracting 14
methods referred to in paragraph (1) shall include, at 15
a minimum— 16
‘‘(A) project bundling; 17
‘‘(B) bridge bundling; 18
‘‘(C) design-build contracting; 19
‘‘(D) 2-phase contracting; 20
‘‘(E) long-term concession agreements; and 21
‘‘(F) any method tested, or that could be 22
tested, under an experimental program relating 23
to contracting methods carried out by the Sec-24
retary. 25
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‘‘(3) EFFECT.—Nothing in this subsection— 1
‘‘(A) affects the application of the Federal 2
share for the project carried out with a con-3
tracting method under this subsection; or 4
‘‘(B) modifies the point of obligation of Fed-5
eral salaries and expenses.’’. 6
(b) COOPERATION WITH FEDERAL AND STATE AGEN-7
CIES AND FOREIGN COUNTRIES.—Section 308(a) of title 23, 8
United States Code, is amended by adding at the end the 9
following: 10
‘‘(4) ALTERNATIVE CONTRACTING METHODS.— 11
‘‘(A) IN GENERAL.—Notwithstanding any 12
other provision of law (including the Federal Ac-13
quisition Regulation), in performing services 14
under paragraph (1), the Secretary may use any 15
contracting method available to a State under 16
this title. 17
‘‘(B) METHODS DESCRIBED.—The con-18
tracting methods referred to in subparagraph (A) 19
shall include, at a minimum— 20
‘‘(i) project bundling; 21
‘‘(ii) bridge bundling; 22
‘‘(iii) design-build contracting; 23
‘‘(iv) 2-phase contracting; 24
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‘‘(v) long-term concession agreements; 1
and 2
‘‘(vi) any method tested, or that could 3
be tested, under an experimental program 4
relating to contracting methods carried out 5
by the Secretary.’’. 6
(c) USE OF ALTERNATIVE CONTRACTING METHODS.— 7
In carrying out an alternative contracting method under 8
section 201(f) or 308(a)(4) of title 23, United States Code, 9
the Secretary shall— 10
(1) in consultation with the applicable Federal 11
land management agencies, establish clear procedures 12
that are— 13
(A) applicable to the alternative contracting 14
method; and 15
(B) to the maximum extent practicable, 16
consistent with the requirements applicable to 17
Federal procurement transactions; 18
(2) solicit input on the use of the alternative con-19
tracting method from the affected industry prior to 20
using the method; and 21
(3) analyze and prepare an evaluation of the use 22
of the alternative contracting method. 23
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SEC. 1306. FLEXIBILITY FOR PROJECTS. 1
Section 1420 of the FAST Act (23 U.S.C. 101 note; 2
Public Law 114–94) is amended— 3
(1) in subsection (a), by striking ‘‘and on request 4
by a State, the Secretary may’’ in the matter pre-5
ceding paragraph (1) and all that follows through the 6
period at the end of paragraph (2) and inserting the 7
following: ‘‘, on request by a State, and if in the pub-8
lic interest (as determined by the Secretary), the Sec-9
retary shall exercise all existing flexibilities under— 10
‘‘(1) the requirements of title 23, United States 11
Code; and 12
‘‘(2) other requirements administered by the Sec-13
retary, in whole or in part.’’; and 14
(2) in subsection (b)(2)(A), by inserting ‘‘(in-15
cluding regulations)’’ after ‘‘environmental law’’. 16
SEC. 1307. IMPROVED FEDERAL-STATE STEWARDSHIP AND 17
OVERSIGHT AGREEMENTS. 18
(a) DEFINITION OF TEMPLATE.—In this section, the 19
term ‘‘template’’ means a template created by the Secretary 20
for Federal-State stewardship and oversight agreements 21
that— 22
(1) includes all standard terms found in stew-23
ardship and oversight agreements, including any 24
terms in an attachment to the agreement; 25
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(2) is developed in accordance with section 106 1
of title 23, United States Code, or any other applica-2
ble authority; and 3
(3) may be developed with consideration of rel-4
evant regulations, guidance, or policies. 5
(b) REQUEST FOR COMMENT.— 6
(1) IN GENERAL.—Not later than 60 days after 7
the date of enactment of this Act, the Secretary shall 8
publish in the Federal Register the template and a 9
notice requesting public comment on ways to improve 10
the template. 11
(2) COMMENT PERIOD.—The Secretary shall pro-12
vide a period of not less than 60 days for public com-13
ment on the notice under paragraph (1). 14
(3) CERTAIN ISSUES.—The notice under para-15
graph (1) shall allow comment on any aspect of the 16
template and shall specifically request public com-17
ment on— 18
(A) whether the template should be revised 19
to delete standard terms requiring approval by 20
the Secretary of the policies, procedures, proc-21
esses, or manuals of the States, or other State ac-22
tions, if Federal law (including regulations) does 23
not specifically require an approval; 24
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(B) opportunities to modify the template to 1
allow adjustments to the review schedules for 2
State practices or actions, including through 3
risk-based approaches, program reviews, process 4
reviews, or other means; and 5
(C) any other matters that the Secretary de-6
termines to be appropriate. 7
(c) NOTICE OF ACTION; UPDATES.— 8
(1) IN GENERAL.—Not later than 1 year after 9
the date of enactment of this Act, after considering the 10
comments received in response to the Federal Register 11
notice under subsection (b), the Secretary shall pub-12
lish in the Federal Register a notice that— 13
(A) describes any proposed changes to be 14
made, and any alternatives to such changes, to 15
the template; 16
(B) addresses comments in response to 17
which changes were not made to the template; 18
and 19
(C) prescribes a schedule and a plan to exe-20
cute a process for implementing the changes re-21
ferred to in subparagraph (A). 22
(2) APPROVAL REQUIREMENTS.—In addressing 23
comments under paragraph (1)(B), the Secretary 24
shall include an explanation of the basis for retaining 25
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any requirement for approval of State policies, proce-1
dures, processes, or manuals, or other State actions, 2
if Federal law (including regulations) does not spe-3
cifically require the approval. 4
(3) IMPLEMENTATION.— 5
(A) IN GENERAL.—Not later than 60 days 6
after the date on which the notice under para-7
graph (1) is published, the Secretary shall make 8
changes to the template in accordance with— 9
(i) the changes described in the notice 10
under paragraph (1)(A); and 11
(ii) the schedule and plan described in 12
the notice under paragraph (1)(C). 13
(B) UPDATES.—Not later than 1 year after 14
the date on which the revised template under 15
subparagraph (A) is published, the Secretary 16
shall update existing agreements with States ac-17
cording to the template updated under subpara-18
graph (A). 19
(d) INCLUSION OF NON-STANDARD TERMS.—Nothing 20
in this section precludes the inclusion in a Federal-State 21
stewardship and oversight agreement of non-standard terms 22
to address a State-specific matter, including risk-based 23
stewardship and Department oversight involvement in indi-24
vidual projects of division interest. 25
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(e) COMPLIANCE WITH NON-STATUTORY TERMS.— 1
(1) IN GENERAL.—The Secretary shall not en-2
force or otherwise require a State to comply with ap-3
proval requirements that are not required by Federal 4
law (including regulations) in a Federal-State stew-5
ardship and oversight agreement. 6
(2) APPROVAL AUTHORITY.—Notwithstanding 7
any other provision of law, the Secretary shall not as-8
sert approval authority over any matter in a Federal- 9
State stewardship and oversight agreement reserved to 10
States. 11
(f) FREQUENCY OF REVIEWS.—Section 106(g)(3) of 12
title 23, United States Code, is amended— 13
(1) by striking ‘‘annual’’; 14
(2) by striking ‘‘The Secretary’’ and inserting 15
the following: 16
‘‘(A) IN GENERAL.—The Secretary’’; and 17
(3) by adding at the end the following: 18
‘‘(B) FREQUENCY.— 19
‘‘(i) IN GENERAL.—Except as provided 20
in clauses (ii) and (iii), the Secretary shall 21
carry out a review under subparagraph (A) 22
not less frequently than once every 2 years. 23
‘‘(ii) CONSULTATION WITH STATE.— 24
The Secretary, after consultation with a 25
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State, may make a determination to carry 1
out a review under subparagraph (A) for 2
that State less frequently than provided 3
under clause (i). 4
‘‘(iii) CAUSE.—If the Secretary deter-5
mines that there is a specific reason to re-6
quire a review more frequently than pro-7
vided under clause (i) with respect to a 8
State, the Secretary may carry out a review 9
more frequently than provided under that 10
clause.’’. 11
SEC. 1308. GEOMATIC DATA. 12
(a) IN GENERAL.—The Secretary shall develop guid-13
ance for the acceptance and use of information obtained 14
from a non-Federal entity through geomatic techniques, in-15
cluding remote sensing and land surveying, cartography, 16
geographic information systems, global navigation satellite 17
systems, photogrammetry, or other remote means. 18
(b) CONSIDERATIONS.—In carrying out this section, 19
the Secretary shall ensure that acceptance or use of infor-20
mation described in subsection (a) meets the data quality 21
and operational requirements of the Secretary. 22
(c) PUBLIC COMMENT.—Before issuing any final guid-23
ance under subsection (a), the Secretary shall provide to 24
the public— 25
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(1) notice of the proposed guidance; and 1
(2) an opportunity to comment on the proposed 2
guidance. 3
(d) SAVINGS CLAUSE.—Nothing in this section— 4
(1) requires the Secretary to accept or use infor-5
mation that the Secretary determines does not meet 6
the guidance developed under this section; or 7
(2) changes the current statutory or regulatory 8
requirements of the Department. 9
SEC. 1309. EVALUATION OF PROJECTS WITHIN AN OPER-10
ATIONAL RIGHT-OF-WAY. 11
(a) IN GENERAL.—Chapter 3 of title 23, United States 12
Code, is amended by adding at the end the following: 13
‘‘§ 331. Evaluation of projects within an operational 14
right-of-way 15
‘‘(a) DEFINITIONS.— 16
‘‘(1) ELIGIBLE PROJECT OR ACTIVITY.— 17
‘‘(A) IN GENERAL.—In this section, the 18
term ‘eligible project or activity’ means a project 19
or activity within an existing operational right- 20
of-way (as defined in section 771.117(c)(22) of 21
title 23, Code of Federal Regulations (or suc-22
cessor regulations))— 23
‘‘(i)(I) eligible for assistance under this 24
title; or 25
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‘‘(II) administered as if made avail-1
able under this title; 2
‘‘(ii) that is— 3
‘‘(I) a preventive maintenance, 4
preservation, or highway safety im-5
provement project (as defined in sec-6
tion 148(a)); or 7
‘‘(II) a new turn lane that the 8
State advises in writing to the Sec-9
retary would assist public safety; and 10
‘‘(iii) that— 11
‘‘(I) is classified as a categorical 12
exclusion under section 771.117 of title 13
23, Code of Federal Regulations (or 14
successor regulations); or 15
‘‘(II) if the project or activity does 16
not receive assistance described in 17
clause (i) would be considered a cat-18
egorical exclusion if the project or ac-19
tivity received assistance described in 20
clause (i). 21
‘‘(B) EXCLUSION.—The term ‘eligible 22
project or activity’ does not include a project to 23
create a new travel lane. 24
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‘‘(2) PRELIMINARY EVALUATION.—The term ‘pre-1
liminary evaluation’, with respect to an application 2
described in subsection (b)(1), means an evaluation 3
that is customary or practicable for the relevant agen-4
cy to complete within a 45-day period for similar ap-5
plications. 6
‘‘(3) RELEVANT AGENCY.—The term ‘relevant 7
agency’ means a Federal agency, other than the Fed-8
eral Highway Administration, with responsibility for 9
review of an application from a State for a permit, 10
approval, or jurisdictional determination for an eligi-11
ble project or activity. 12
‘‘(b) ACTION REQUIRED.— 13
‘‘(1) IN GENERAL.—Subject to paragraph (2), 14
not later than 45 days after the date of receipt of an 15
application by a State for a permit, approval, or ju-16
risdictional determination for an eligible project or 17
activity, the head of the relevant agency shall— 18
‘‘(A) make at least a preliminary evalua-19
tion of the application; and 20
‘‘(B) notify the State of the results of the 21
preliminary evaluation under subparagraph (A). 22
‘‘(2) EXTENSION.—The head of the relevant 23
agency may extend the review period under para-24
graph (1) by not more than 30 days if the head of 25
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the relevant agency provides to the State written no-1
tice that includes an explanation of the need for the 2
extension. 3
‘‘(3) FAILURE TO ACT.—If the head of the rel-4
evant agency fails to meet a deadline under para-5
graph (1) or (2), as applicable, the head of the rel-6
evant agency shall— 7
‘‘(A) not later than 30 days after the date 8
of the missed deadline, submit to the State, the 9
Committee on Environment and Public Works of 10
the Senate, and the Committee on Transpor-11
tation and Infrastructure of the House of Rep-12
resentatives a report that describes why the dead-13
line was missed; and 14
‘‘(B) not later than 14 days after the date 15
on which a report is submitted under subpara-16
graph (A), make publicly available, including on 17
the internet, a copy of that report.’’. 18
(b) CLERICAL AMENDMENT.—The analysis for chapter 19
3 of title 23, United States Code, is amended by adding 20
at the end the following: 21
‘‘331. Evaluation of projects within an operational right-of-way.’’.
SEC. 1310. DEPARTMENT OF TRANSPORTATION REPORTS. 22
(a) IN GENERAL.—Chapter 3 of title 23, United States 23
Code (as amended by section 1309(a)), is amended by add-24
ing at the end the following: 25
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‘‘§ 332. Department of Transportation reports 1
‘‘(a) DEFINITION OF DASHBOARD.—In this section, the 2
term ‘Dashboard’ has the meaning given the term in section 3
41001 of the FAST Act (42 U.S.C. 4370m). 4
‘‘(b) REPORTS.—Not later than January 31 of each 5
year, the Secretary shall submit to the Committee on Envi-6
ronment and Public Works of the Senate and the Committee 7
on Transportation and Infrastructure of the House of Rep-8
resentatives a report with respect to any projects, programs, 9
or authorities under this title (other than chapter 4) that 10
includes— 11
‘‘(1) for the preceding fiscal year— 12
‘‘(A) the median time described in sub-13
section (c)(1) posted on the Dashboard for 14
projects described in subsection (c)(2); 15
‘‘(B) a list of any new categorical exclusions 16
adopted by the Department and listed under sec-17
tion 771.117 of title 23, Code of Federal Regula-18
tions (or successor regulations); and 19
‘‘(C) a list of all regulatory requirements 20
that have been removed or reduced and, if avail-21
able, a summary of the cost savings resulting 22
from the removal or reduction to— 23
‘‘(i) States; 24
‘‘(ii) units of Tribal and local govern-25
ment; and 26
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‘‘(iii) the public; and 1
‘‘(2) for the current fiscal year— 2
‘‘(A) an estimate or documentation of the 3
median time elapsed between— 4
‘‘(i) the date of the publication in the 5
Federal Register of a notice of intent to pre-6
pare an environmental impact statement; 7
and 8
‘‘(ii) the date of the record of decision 9
with respect to that environmental impact 10
statement by the Department; and 11
‘‘(B) if available, a summary of the cost 12
savings, including cost savings to States, units of 13
Tribal and local government, and the public, re-14
sulting from the removal or reduction of regu-15
latory requirements. 16
‘‘(c) FEDERAL PERMITTING DASHBOARD.— 17
‘‘(1) IN GENERAL.—Not later than January 31 18
of each year, the Secretary shall provide to the Execu-19
tive Director of the Federal Permitting Improvement 20
Steering Council established under section 41002(a) of 21
the FAST Act (42 U.S.C. 4370m–1(a)), to make 22
available on the Dashboard, with respect to projects 23
described in paragraph (2), the median time elapsed 24
between— 25
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‘‘(A) the publication in the Federal Register 1
of the notice of intent to prepare an environ-2
mental impact statement; and 3
‘‘(B) the date of issuance of the record of de-4
cision with respect to that environmental impact 5
statement by the Department of Transportation. 6
‘‘(2) PROJECTS DESCRIBED.—A project referred 7
to in paragraph (1) is a project for which— 8
‘‘(A) a record of decision for an environ-9
mental impact statement was issued during the 10
preceding fiscal year; and 11
‘‘(B) the Department of Transportation is a 12
lead agency (as defined in section 139).’’. 13
(b) CLERICAL AMENDMENT.—The analysis for chapter 14
3 of title 23, United States Code (as amended by section 15
1309(b)), is amended by adding at the end the following: 16
‘‘332. Department of Transportation reports.’’.
SEC. 1311. PRELIMINARY ENGINEERING. 17
(a) IN GENERAL.—Section 102 of title 23, United 18
States Code, is amended— 19
(1) by striking subsection (b); and 20
(2) in subsection (a), in the second sentence, by 21
striking ‘‘Nothing in this subsection’’ and inserting 22
the following: 23
‘‘(b) SAVINGS PROVISION.—Nothing in this section’’. 24
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(b) CONFORMING AMENDMENT.—Section 144(j) of title 1
23, United States Code, is amended by striking paragraph 2
(6). 3
Subtitle D—Climate Change 4
SEC. 1401. GRANTS FOR CHARGING AND FUELING INFRA-5
STRUCTURE TO MODERNIZE AND RECON-6
NECT AMERICA FOR THE 21ST CENTURY. 7
(a) PURPOSE.—The purpose of this section is to estab-8
lish a grant program to strategically deploy electric vehicle 9
charging infrastructure, hydrogen fueling infrastructure, 10
and natural gas fueling infrastructure along designated al-11
ternative fuel corridors that will be accessible to all drivers 12
of electric vehicles, hydrogen vehicles, and natural gas vehi-13
cles. 14
(b) GRANT PROGRAM.—Section 151 of title 23, United 15
States Code, is amended— 16
(1) in subsection (a), by striking ‘‘Not later than 17
1 year after the date of enactment of the FAST Act, 18
the Secretary shall’’ and inserting ‘‘The Secretary 19
shall periodically’’; 20
(2) in subsection (b)(2), by inserting ‘‘previously 21
designated by the Federal Highway Administration 22
or’’ before ‘‘designated by’’; 23
(3) in subsection (d)— 24
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(A) by striking ‘‘5 years after the date of es-1
tablishment of the corridors under subsection (a), 2
and every 5 years thereafter,’’ and inserting 3
‘‘180 days after the date of enactment of the 4
America’s Transportation Infrastructure Act of 5
2019,’’; and 6
(B) by inserting ‘‘establish a recurring 7
process to regularly’’ before ‘‘update’’; 8
(4) in subsection (e)— 9
(A) in paragraph (1), by striking ‘‘and’’ at 10
the end; 11
(B) in paragraph (2)— 12
(i) by striking ‘‘establishes an aspira-13
tional goal of achieving’’ and inserting ‘‘de-14
scribes efforts, including through funds 15
awarded through the grant program under 16
subsection (f), that will aid efforts to 17
achieve’’; and 18
(ii) by striking ‘‘by the end of fiscal 19
year 2020.’’ and inserting ‘‘; and’’; and 20
(C) by adding at the end the following: 21
‘‘(3) summarizes best practices and provides 22
guidance, developed through consultation with the 23
Secretary of Energy, for project development of elec-24
tric vehicle charging infrastructure, hydrogen fueling 25
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infrastructure, and natural gas fueling infrastructure 1
at the State, Tribal, and local level to allow for the 2
predictable deployment of that infrastructure.’’; and 3
(5) by adding at the end the following: 4
‘‘(f) GRANT PROGRAM.— 5
‘‘(1) ESTABLISHMENT.—Not later than 1 year 6
after the date of enactment of the America’s Trans-7
portation Infrastructure Act of 2019, the Secretary 8
shall establish a grant program to award grants to el-9
igible entities to carry out the activities described in 10
paragraph (5). 11
‘‘(2) ELIGIBLE ENTITIES.—An entity eligible to 12
receive a grant under this subsection is— 13
‘‘(A) a State or political subdivision of a 14
State; 15
‘‘(B) a metropolitan planning organization; 16
‘‘(C) a unit of local government; 17
‘‘(D) a special purpose district or public 18
authority with a transportation function, includ-19
ing a port authority; 20
‘‘(E) an Indian tribe (as defined in section 21
4 of the Indian Self-Determination and Edu-22
cation Assistance Act (25 U.S.C. 5304)); 23
‘‘(F) an authority, agency, or instrumen-24
tality of, or an entity owned by, 1 or more enti-25
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ties described in subparagraphs (A) through (E); 1
or 2
‘‘(G) a group of entities described in sub-3
paragraphs (A) through (F). 4
‘‘(3) APPLICATIONS.—To be eligible to receive a 5
grant under this subsection, an eligible entity shall 6
submit to the Secretary an application at such time, 7
in such manner, and containing such information as 8
the Secretary shall require, including— 9
‘‘(A) a description of how the eligible entity 10
has considered— 11
‘‘(i) public accessibility of charging or 12
fueling infrastructure proposed to be funded 13
with a grant under this subsection, includ-14
ing— 15
‘‘(I) charging or fueling connector 16
types and publicly available informa-17
tion on real-time availability; and 18
‘‘(II) payment methods to ensure 19
secure, convenient, fair, and equal ac-20
cess; 21
‘‘(ii) collaborative engagement with 22
stakeholders (including automobile manu-23
facturers, utilities, infrastructure providers, 24
technology providers, electric charging, hy-25
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drogen, and natural gas fuel providers, met-1
ropolitan planning organizations, States, 2
Indian tribes, and units of local govern-3
ments, fleet owners, fleet managers, fuel sta-4
tion owners and operators, labor organiza-5
tions, infrastructure construction and com-6
ponent parts suppliers, and multi-State and 7
regional entities)— 8
‘‘(I) to foster enhanced, coordi-9
nated, public-private or private invest-10
ment in electric vehicle charging infra-11
structure, hydrogen fueling infrastruc-12
ture, or natural gas fueling infrastruc-13
ture; 14
‘‘(II) to expand deployment of 15
electric vehicle charging infrastructure, 16
hydrogen fueling infrastructure, or 17
natural gas fueling infrastructure; 18
‘‘(III) to protect personal privacy 19
and ensure cybersecurity; and 20
‘‘(IV) to ensure that a properly 21
trained workforce is available to con-22
struct and install electric vehicle charg-23
ing infrastructure, hydrogen fueling 24
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infrastructure, or natural gas fueling 1
infrastructure; 2
‘‘(iii) the location of the station or 3
fueling site, such as consideration of— 4
‘‘(I) the availability of onsite 5
amenities for vehicle operators, such as 6
restrooms or food facilities; 7
‘‘(II) access in compliance with 8
the Americans with Disabilities Act of 9
1990 (42 U.S.C. 12101 et seq.); 10
‘‘(III) height and fueling capacity 11
requirements for facilities that charge 12
or refuel large vehicles, such as semi- 13
trailer trucks; and 14
‘‘(IV) appropriate distribution to 15
avoid redundancy and fill charging or 16
fueling gaps; 17
‘‘(iv) infrastructure installation that 18
can be responsive to technology advance-19
ments, such as accommodating autonomous 20
vehicles and future charging methods; and 21
‘‘(v) the long-term operation and 22
maintenance of the electric vehicle charging 23
infrastructure, hydrogen fueling infrastruc-24
ture, or natural gas fueling infrastructure, 25
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to avoid stranded assets and protect the in-1
vestment of public funds in that infrastruc-2
ture; and 3
‘‘(B) an assessment of the estimated emis-4
sions that will be reduced through the use of elec-5
tric vehicle charging infrastructure, hydrogen 6
fueling infrastructure, or natural gas fueling in-7
frastructure, which shall be conducted using the 8
Alternative Fuel Life-Cycle Environmental and 9
Economic Transportation (AFLEET) tool devel-10
oped by Argonne National Laboratory (or a suc-11
cessor tool). 12
‘‘(4) CONSIDERATIONS.—In selecting eligible en-13
tities to receive a grant under this subsection, the Sec-14
retary shall— 15
‘‘(A) consider the extent to which the appli-16
cation of the eligible entity would— 17
‘‘(i) improve alternative fueling cor-18
ridor networks by— 19
‘‘(I) converting corridor-pending 20
corridors to corridor-ready corridors; 21
or 22
‘‘(II) in the case of corridor-ready 23
corridors, providing redundancy— 24
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‘‘(aa) to meet excess demand 1
for charging or fueling infrastruc-2
ture; or 3
‘‘(bb) to reduce congestion at 4
existing charging or fueling infra-5
structure in high-traffic locations; 6
‘‘(ii) meet current or anticipated mar-7
ket demands for charging or fueling infra-8
structure; 9
‘‘(iii) enable or accelerate the construc-10
tion of charging or fueling infrastructure 11
that would be unlikely to be completed with-12
out Federal assistance; and 13
‘‘(iv) support a long-term competitive 14
market for electric vehicle charging infra-15
structure, hydrogen fueling infrastructure, 16
or natural gas fueling infrastructure that 17
does not significantly impair existing elec-18
tric vehicle charging infrastructure, hydro-19
gen fueling infrastructure, or natural gas 20
fueling infrastructure providers; 21
‘‘(B) ensure, to the maximum extent prac-22
ticable, geographic diversity among grant recipi-23
ents to ensure that electric vehicle charging in-24
frastructure, hydrogen fueling infrastructure, or 25
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natural gas fueling infrastructure is available 1
throughout the United States; 2
‘‘(C) consider whether the private entity 3
that the eligible entity contracts with under 4
paragraph (5)— 5
‘‘(i) submits to the Secretary the most 6
recent year of audited financial statements; 7
and 8
‘‘(ii) has experience in installing and 9
operating electric vehicle charging infra-10
structure, hydrogen fueling infrastructure, 11
or natural gas fueling infrastructure; and 12
‘‘(D) consider whether, to the maximum ex-13
tent practicable, the eligible entity and the pri-14
vate entity that the eligible entity contracts with 15
under paragraph (5) enter into an agreement— 16
‘‘(i) to operate and maintain publicly 17
available electric vehicle charging infra-18
structure, hydrogen fueling infrastructure, 19
or natural gas infrastructure; and 20
‘‘(ii) that provides a remedy and an 21
opportunity to cure if the requirements de-22
scribed in clause (i) are not met. 23
‘‘(5) USE OF FUNDS.— 24
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‘‘(A) IN GENERAL.—An eligible entity re-1
ceiving a grant under this subsection shall only 2
use the funds in accordance with this paragraph 3
to contract with a private entity for acquisition 4
and installation of publicly accessible electric ve-5
hicle charging infrastructure, hydrogen fueling 6
infrastructure, or natural gas fueling infrastruc-7
ture that is directly related to the charging or 8
fueling of a vehicle. 9
‘‘(B) LOCATION OF INFRASTRUCTURE.—Any 10
electric vehicle charging infrastructure, hydrogen 11
fueling infrastructure, or natural gas fueling in-12
frastructure acquired and installed with a grant 13
under this subsection shall be located along an 14
alternative fuel corridor designated— 15
‘‘(i) under this section, on the condi-16
tion that any affected Indian tribes are con-17
sulted before the designation; or 18
‘‘(ii) by a State or group of States, 19
such as the Regional Electric Vehicle West 20
Plan of the States of Arizona, Colorado, 21
Idaho, Montana, Nevada, New Mexico, 22
Utah, and Wyoming, on the condition that 23
any affected Indian tribes are consulted be-24
fore the designation. 25
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‘‘(C) OPERATING ASSISTANCE.— 1
‘‘(i) IN GENERAL.—Subject to clauses 2
(ii) and (iii), an eligible entity that receives 3
a grant under this subsection may use a 4
portion of the funds to provide to a private 5
entity operating assistance for the first 5 6
years of operations after the installation of 7
electric vehicle charging infrastructure, hy-8
drogen fueling infrastructure, or natural 9
gas fueling infrastructure while the facility 10
transitions to independent system oper-11
ations. 12
‘‘(ii) INCLUSIONS.—Operating assist-13
ance under this subparagraph shall be lim-14
ited to costs allocable to operating and 15
maintaining the electric vehicle charging 16
infrastructure, hydrogen fueling infrastruc-17
ture, or natural gas fueling infrastructure 18
and service, including costs associated with 19
labor, marketing, and administrative costs. 20
‘‘(iii) LIMITATION.—Operating assist-21
ance under this subparagraph may not ex-22
ceed the amount of a contract under sub-23
paragraph (A) to acquire and install pub-24
licly accessible electric vehicle charging in-25
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frastructure, hydrogen fueling infrastruc-1
ture, or natural gas fueling infrastructure. 2
‘‘(D) SIGNS.— 3
‘‘(i) IN GENERAL.—Subject to this 4
paragraph and paragraph (6)(B), an eligi-5
ble entity that receives a grant under this 6
subsection may use a portion of the funds to 7
acquire and install— 8
‘‘(I) traffic control devices located 9
in the right-of-way to provide direc-10
tional information to electric vehicle 11
charging infrastructure, hydrogen fuel-12
ing infrastructure, or natural gas fuel-13
ing infrastructure acquired, installed, 14
or operated with the grant; and 15
‘‘(II) on-premises signs to provide 16
information about electric vehicle 17
charging infrastructure, hydrogen fuel-18
ing infrastructure, or natural gas fuel-19
ing infrastructure acquired, installed, 20
or operated with a grant under this 21
subsection. 22
‘‘(ii) APPLICABILITY.—Clause (i) shall 23
apply only to an eligible entity that— 24
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‘‘(I) receives a grant under this 1
subsection; and 2
‘‘(II) is using that grant for the 3
acquisition and installation of publicly 4
accessible electric vehicle charging in-5
frastructure, hydrogen fueling infra-6
structure, or natural gas fueling infra-7
structure. 8
‘‘(iii) LIMITATION ON AMOUNT.—The 9
amount of funds used to acquire and install 10
traffic control devices and on-premises signs 11
under clause (i) may not exceed the amount 12
of a contract under subparagraph (A) to ac-13
quire and install publicly accessible charg-14
ing or fueling infrastructure. 15
‘‘(iv) NO NEW AUTHORITY CREATED.— 16
Nothing in this subparagraph authorizes an 17
eligible entity that receives a grant under 18
this subsection to acquire and install traffic 19
control devices or on-premises signs if the 20
entity is not otherwise authorized to do so. 21
‘‘(E) REVENUE.—An eligible entity receiv-22
ing a grant under this subsection and a private 23
entity referred to in subparagraph (A) may enter 24
into a cost-sharing agreement under which the 25
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private entity submits to the eligible entity a 1
portion of the revenue from the electric vehicle 2
charging infrastructure, hydrogen fueling infra-3
structure, or natural gas fueling infrastructure. 4
‘‘(6) PROJECT REQUIREMENTS.— 5
‘‘(A) IN GENERAL.—Notwithstanding any 6
other provision of law, any project funded by a 7
grant under this subsection shall be treated as a 8
project on a Federal-aid highway under this 9
chapter. 10
‘‘(B) SIGNS.—Any traffic control device or 11
on-premises sign acquired, installed, or operated 12
with a grant under this subsection shall comply 13
with— 14
‘‘(i) the Manual on Uniform Traffic 15
Control Devices, if located in the right-of- 16
way; and 17
‘‘(ii) other provisions of Federal, State, 18
and local law, as applicable. 19
‘‘(7) FEDERAL SHARE.— 20
‘‘(A) IN GENERAL.—The Federal share of 21
the cost of a project carried out with a grant 22
under this subsection shall not exceed 80 percent 23
of the total project cost. 24
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‘‘(B) RESPONSIBILITY OF PRIVATE ENTI-1
TY.—As a condition of contracting with an eligi-2
ble entity under paragraph (5), a private entity 3
shall agree to pay the share of the cost of a 4
project carried out with a grant under this sub-5
section that is not paid by the Federal Govern-6
ment under subparagraph (A). 7
‘‘(8) REPORT.—Not later than 3 years after the 8
date of enactment of this subsection, the Secretary 9
shall submit to the Committee on Environment and 10
Public Works of the Senate and the Committee on 11
Transportation and Infrastructure of the House of 12
Representatives and make publicly available a report 13
on the progress and implementation of this sub-14
section.’’. 15
SEC. 1402. REDUCTION OF TRUCK EMISSIONS AT PORT FA-16
CILITIES. 17
(a) ESTABLISHMENT OF PROGRAM.— 18
(1) IN GENERAL.—The Secretary shall establish 19
a program to reduce idling at port facilities, under 20
which the Secretary shall— 21
(A) study how ports and intermodal port 22
transfer facilities would benefit from increased 23
opportunities to reduce emissions at ports, in-24
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cluding through the electrification of port oper-1
ations; 2
(B) study emerging technologies and strate-3
gies that may help reduce port-related emissions 4
from idling trucks; and 5
(C) coordinate and provide funding to test, 6
evaluate, and deploy projects that reduce port-re-7
lated emissions from idling trucks, including 8
through the advancement of port electrification 9
and improvements in efficiency, focusing on port 10
operations, including heavy-duty commercial ve-11
hicles, and other related projects. 12
(2) CONSULTATION.—In carrying out the pro-13
gram under this subsection, the Secretary may con-14
sult with the Secretary of Energy and the Adminis-15
trator of the Environmental Protection Agency. 16
(b) GRANTS.— 17
(1) IN GENERAL.—In carrying out subsection 18
(a)(1)(C), the Secretary shall award grants to fund 19
projects that reduce emissions at ports, including 20
through the advancement of port electrification. 21
(2) COST SHARE.—A grant awarded under para-22
graph (1) shall not exceed 80 percent of the total cost 23
of the project funded by the grant. 24
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(3) COORDINATION.—In carrying out the grant 1
program under this subsection, the Secretary shall— 2
(A) to the maximum extent practicable, le-3
verage existing resources and programs of the 4
Department and other relevant Federal agencies; 5
and 6
(B) coordinate with other Federal agencies, 7
as the Secretary determines to be appropriate. 8
(4) APPLICATION; SELECTION.— 9
(A) APPLICATION.—The Secretary shall so-10
licit applications for grants under paragraph (1) 11
at such time, in such manner, and containing 12
such information as the Secretary determines to 13
be necessary. 14
(B) SELECTION.—The Secretary shall make 15
grants under paragraph (1) by not later than 16
April 1 of each fiscal year for which funding is 17
made available. 18
(5) REQUIREMENT.—Notwithstanding any other 19
provision of law, any project funded by a grant under 20
this subsection shall be treated as a project on a Fed-21
eral-aid highway under chapter 1 of title 23, United 22
States Code. 23
(c) REPORT.—Not later than 1 year after the date on 24
which all of the projects funded with a grant under sub-25
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section (b) are completed, the Secretary shall submit to Con-1
gress a report that includes— 2
(1) the findings of the studies described in sub-3
paragraphs (A) and (B) of subsection (a)(1); 4
(2) the results of the projects that received a 5
grant under subsection (b); 6
(3) any recommendations for workforce develop-7
ment and training opportunities with respect to port 8
electrification; and 9
(4) any policy recommendations based on the 10
findings and results described in paragraphs (1) and 11
(2). 12
SEC. 1403. CARBON REDUCTION INCENTIVE PROGRAMS. 13
(a) IN GENERAL.—Chapter 1 of title 23, United States 14
Code (as amended by section 1203(a)), is amended by add-15
ing at the end the following: 16
‘‘§ 177. Formula carbon reduction incentive program 17
‘‘(a) DEFINITIONS.—In this section: 18
‘‘(1) METROPOLITAN PLANNING ORGANIZATION; 19
URBANIZED AREA.—The terms ‘metropolitan plan-20
ning organization’ and ‘urbanized area’ have the 21
meaning given those terms in section 134(b). 22
‘‘(2) TRANSPORTATION EMISSIONS.—The term 23
‘transportation emissions’ means carbon dioxide emis-24
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sions from on-road highway sources of those emissions 1
within a State. 2
‘‘(3) TRANSPORTATION MANAGEMENT AREA.— 3
The term ‘transportation management area’ means a 4
transportation management area identified or des-5
ignated by the Secretary under section 134(k)(1). 6
‘‘(b) FORMULA CARBON REDUCTION AWARDS.— 7
‘‘(1) IN GENERAL.—For each fiscal year, the Sec-8
retary shall distribute among the States the amounts 9
made available to carry out this section for that fiscal 10
year in accordance with paragraph (2). 11
‘‘(2) DISTRIBUTION.—The amount for each State 12
shall be determined by multiplying the total amount 13
made available to carry out this section for the appli-14
cable fiscal year by the ratio that— 15
‘‘(A) the total base apportionment for the 16
State under section 104(c); bears to 17
‘‘(B) the total base apportionments for all 18
States under section 104(c). 19
‘‘(c) EMISSIONS REDUCTION SUPPLEMENTAL.— 20
‘‘(1) IN GENERAL.—A State shall use 50 percent 21
of the amount distributed to the State under sub-22
section (b) for each fiscal year to carry out activities 23
under paragraph (2). 24
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‘‘(2) ELIGIBLE ACTIVITIES.—Subject to para-1
graph (3), a State and any metropolitan planning 2
organization that is required to obligate funds in ac-3
cordance with subsection (e) shall use the funds under 4
paragraph (1) for activities designed to reduce trans-5
portation emissions, including— 6
‘‘(A) a project described in paragraph (4), 7
(5), (7), (8), or (11) of subsection (b) of section 8
149 or subsection (c)(2) of that section, regard-9
less of whether the project— 10
‘‘(i) is located in an area designated as 11
a nonattainment or maintenance area, as 12
described in section 149(b); or 13
‘‘(ii) is likely to contribute to the at-14
tainment or maintenance in the area of a 15
national ambient air quality standard; 16
‘‘(B) a project that is eligible for assistance 17
under section 142; 18
‘‘(C) a project for the provision of facilities 19
for pedestrians and bicyclists (including the con-20
version and use of rail corridors for pedestrian 21
and bike trails); 22
‘‘(D) a project that is described in section 23
503(c)(4)(E); 24
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‘‘(E) a project to reduce emissions from 1
port-related equipment and vehicles; 2
‘‘(F) a project to replace street lighting and 3
traffic control devices with energy efficient alter-4
natives; and 5
‘‘(G) the development of a carbon reduction 6
strategy under subsection (d)(1)(A). 7
‘‘(3) LIMITATION.—No funds provided under 8
paragraph (1) may be used for a project that will re-9
sult in the construction of new capacity available to 10
single-occupant vehicles. 11
‘‘(4) FEDERAL SHARE.—The Federal share of the 12
cost of a project carried out with funds under para-13
graph (1) shall be determined in accordance with sec-14
tion 120. 15
‘‘(d) CARBON REDUCTION STRATEGY PLANNING IN-16
CENTIVE.— 17
‘‘(1) CARBON REDUCTION STRATEGY.— 18
‘‘(A) IN GENERAL.—A State may, in con-19
sultation with a metropolitan planning organi-20
zation within the State, develop a carbon reduc-21
tion strategy. 22
‘‘(B) REQUIREMENTS.—If a State develops 23
a carbon reduction strategy under subparagraph 24
(A), the carbon reduction strategy shall— 25
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‘‘(i) identify projects and strategies to 1
reduce transportation emissions, which may 2
include projects and strategies for safe, reli-3
able, and cost-effective options— 4
‘‘(I) to reduce traffic congestion 5
on Federal-aid highways located with-6
in the State or the area served by the 7
metropolitan planning organization, 8
as applicable; 9
‘‘(II) to facilitate the use of alter-10
natives to single-occupant vehicle trips, 11
including public transportation facili-12
ties, pedestrian facilities, bicycle facili-13
ties, and shared or pooled vehicle trips 14
within the State or an area served by 15
the metropolitan planning organiza-16
tion, if any; 17
‘‘(III) to facilitate the use of vehi-18
cles or modes of travel that result in 19
lower transportation emissions per per-20
son-mile traveled; and 21
‘‘(IV) to facilitate approaches to 22
transportation asset construction and 23
maintenance that result in lower 24
transportation emissions; 25
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‘‘(ii) set targets for the reduction of 1
transportation emissions and implementa-2
tion of the projects and strategies identified 3
under clause (i); 4
‘‘(iii) be appropriate to the population 5
density and context of the State, including 6
a metropolitan planning organization with-7
in the State, if any; 8
‘‘(iv) provide a reasonable opportunity 9
for participation and review by interested 10
parties within the State; 11
‘‘(v) be updated not less frequently 12
than once every 3 years; and 13
‘‘(vi) be reviewed and certified by the 14
Secretary to have met the requirements of 15
this subparagraph. 16
‘‘(2) CARBON REDUCTION STRATEGY PLANNING 17
INCENTIVE.— 18
‘‘(A) IN GENERAL.—A State shall use 50 19
percent of the amounts made available to the 20
State under subsection (b) for each fiscal year for 21
the eligible activities under subparagraph (B). 22
‘‘(B) ELIGIBLE ACTIVITIES.— 23
‘‘(i) IN GENERAL.—A State and any 24
metropolitan planning organization in the 25
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State that is required to obligate funds in 1
accordance with subsection (e) may use the 2
funds under subparagraph (A) for a project 3
or strategy described in subsection (c)(2). 4
‘‘(ii) ADDITIONAL ELIGIBILITY INCEN-5
TIVE.—In addition to the eligible activities 6
under clause (i), a State and any metro-7
politan planning organization in the State 8
that is required to obligate funds in accord-9
ance with subsection (e) may use the funds 10
under subparagraph (A) for a project eligi-11
ble under section 133(b) if— 12
‘‘(I) the State has, within the fis-13
cal year prior to the fiscal year in 14
which the Secretary is making the 15
grant or by a deadline established by 16
the Secretary in the fiscal year in 17
which the Secretary is making the 18
grant, developed a carbon reduction 19
strategy under paragraph (1)(A) that 20
has been approved by the Secretary 21
under clause (vi) of that paragraph; or 22
‘‘(II) the State or metropolitan 23
planning organization has, within the 24
4 fiscal years prior to the fiscal year 25
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in which the Secretary is making the 1
grant or by a deadline established by 2
the Secretary in the fiscal year in 3
which the Secretary is making the 4
grant, incorporated a carbon reduction 5
strategy under paragraph (1)(A) 6
into— 7
‘‘(aa) a long-range transpor-8
tation plan developed by the met-9
ropolitan planning organization 10
under section 134(c), if any; and 11
‘‘(bb) the long-range state-12
wide transportation plan devel-13
oped by the State under section 14
135(f)(1). 15
‘‘(C) FEDERAL SHARE.—The Federal share 16
of the cost of a project carried out using funds 17
under subparagraph (A) shall be— 18
‘‘(i) in the case of a State or metropoli-19
tan planning organization within a State 20
that meets the requirements under subpara-21
graph (B)(ii), up to 100 percent, at the dis-22
cretion of the State; and 23
‘‘(ii) in the case of a State or metro-24
politan planning organization within a 25
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State that is not described in clause (i), de-1
termined in accordance with section 120. 2
‘‘(e) SUBALLOCATION REQUIREMENTS.— 3
‘‘(1) IN GENERAL.—For each fiscal year, of the 4
funds made available to a State under subsections (c) 5
and (d)— 6
‘‘(A) 65 percent of each amount shall be ob-7
ligated, in proportion to their relative shares of 8
the population of the State— 9
‘‘(i) in urbanized areas of the State 10
with an urbanized area population of over 11
200,000; and 12
‘‘(ii) in other areas of the State; and 13
‘‘(B) the remainder may be obligated in 14
any area of the State. 15
‘‘(2) METROPOLITAN AREAS.—Funds attributed 16
to an urbanized area under paragraph (1)(A)(i) may 17
be obligated in the metropolitan area established 18
under section 134 that encompasses the urbanized 19
area. 20
‘‘(3) DISTRIBUTION AMONG URBANIZED AREAS 21
OF OVER 200,000 POPULATION.— 22
‘‘(A) IN GENERAL.—Except as provided in 23
subparagraph (B), the amount that a State is re-24
quired to obligate under paragraph (1)(A)(i) 25
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shall be obligated in urbanized areas described in 1
paragraph (1)(A)(i) based on the relative popu-2
lation of the areas. 3
‘‘(B) OTHER FACTORS.—The State may ob-4
ligate the funds described in subparagraph (A) 5
based on other factors if— 6
‘‘(i) the State and the relevant metro-7
politan planning organizations jointly 8
apply to the Secretary for the permission to 9
base the obligation on other factors; and 10
‘‘(ii) the Secretary grants the request. 11
‘‘(4) CONSULTATION IN URBANIZED AREAS.—Be-12
fore obligating funds for an eligible activity under 13
subsection (c) or (d) in an urbanized area that is not 14
a transportation management area, a State shall con-15
sult with any metropolitan planning organization 16
that represents the urbanized area prior to deter-17
mining which activities should be carried out. 18
‘‘(5) CONSULTATION IN RURAL AREAS.—Before 19
obligating funds for an eligible activity under sub-20
section (c) or (d) in a rural area, a State shall con-21
sult with any regional transportation planning orga-22
nization or metropolitan planning organization that 23
represents the rural area prior to determining which 24
activities should be carried out. 25
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‘‘§ 178. Carbon reduction performance program 1
‘‘(a) DEFINITIONS.—In this section: 2
‘‘(1) METROPOLITAN PLANNING ORGANIZATION; 3
URBANIZED AREA.—The terms ‘metropolitan plan-4
ning organization’ and ‘urbanized area’ have the 5
meaning given those terms in section 134(b). 6
‘‘(2) QUALIFYING STATE.—The term ‘qualifying 7
State’ means a State in which— 8
‘‘(A) the average annual transportation 9
emissions within the State has grown more slow-10
ly or declined during the most recent 2-calendar 11
year period for which data are available for 12
transportation emissions at the time the Sec-13
retary is making the grant under this section, as 14
compared to the 2-calendar year period that im-15
mediately precedes that period; or 16
‘‘(B) the average annual transportation 17
emissions within the State, as estimated on a per 18
capita basis, has grown more slowly or declined 19
during the most recent 2-calendar year period 20
for which data are available for transportation 21
emissions at the time the Secretary is making 22
the grant under this section, as compared to the 23
2-calendar year period that immediately pre-24
cedes that period. 25
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‘‘(3) QUALIFYING UNIT OF LOCAL GOVERN-1
MENT.—The term ‘qualifying unit of local govern-2
ment’ means a unit of local government in an urban-3
ized area served by a metropolitan planning organi-4
zation, in which— 5
‘‘(A) the average annual transportation 6
emissions within the urbanized area has grown 7
more slowly or declined during the most recent 8
2-calendar year period for which data are avail-9
able for transportation emissions at the time the 10
Secretary is making the grant under this section, 11
as compared to the 2-calendar year period that 12
immediately precedes that period; or 13
‘‘(B) the average annual transportation 14
emissions within the urbanized area, as esti-15
mated on a per capita basis, has grown more 16
slowly or declined during the most recent 2-cal-17
endar year period for which data are available 18
for transportation emissions at the time the Sec-19
retary is making the grant under this section, as 20
compared to the 2-calendar year period that im-21
mediately precedes that period. 22
‘‘(4) TRANSPORTATION EMISSIONS.—The term 23
‘transportation emissions’ has the meaning given the 24
term in section 177(a). 25
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‘‘(b) CARBON REDUCTION PERFORMANCE AND PLAN-1
NING RECOGNITION AWARDS.— 2
‘‘(1) IN GENERAL.—The Secretary shall establish 3
a competitive grant program to award grants to eligi-4
ble entities in recognition of the achievement of the el-5
igible entity in meeting the performance categories de-6
scribed in paragraph (3)(A). 7
‘‘(2) ELIGIBLE ENTITIES.—The Secretary shall 8
distribute amounts under paragraph (1) to any of the 9
following: 10
‘‘(A) A qualifying State. 11
‘‘(B) A qualifying unit of local government. 12
‘‘(3) PERFORMANCE CATEGORIES.— 13
‘‘(A) IN GENERAL.—The Secretary shall se-14
lect eligible entities to receive a grant under 15
paragraph (1) to recognize the achievement of the 16
eligible entity in meeting any of the following 17
performance categories: 18
‘‘(i) A significant reduction in trans-19
portation emissions, as estimated on a per 20
unit of economic output basis. 21
‘‘(ii) A significant reduction in trans-22
portation emissions, as estimated on a per 23
capita basis. 24
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‘‘(iii) Transportation emissions, as es-1
timated on a per unit of economic output 2
basis, that are among the lowest of jurisdic-3
tions with comparable population and sur-4
face transportation system characteristics. 5
‘‘(iv) Transportation emissions, as esti-6
mated on a per capita basis, that are 7
among the lowest of jurisdictions with com-8
parable population and surface transpor-9
tation system characteristics. 10
‘‘(v) Innovative planning efforts and 11
the implementation of a carbon reduction 12
strategy under section 177(d)(1)(A) or plans 13
that lead to a reduction in transportation 14
emissions. 15
‘‘(B) MERIT BASED DISTRIBUTION.—In se-16
lecting among eligible entities to receive grants 17
under paragraph (1) and the amount of each of 18
those grants, the Secretary shall give priority to 19
eligible entities that have achieved the most sig-20
nificant levels of reductions of transportation 21
emissions, as estimated on either a per unit of 22
economic basis or on a per capita basis. 23
‘‘(C) MULTIPLE AWARDS.—The Secretary 24
may— 25
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O:\EDW\EDW19898.xml [file 4 of 5] S.L.C.
‘‘(i) award a grant under paragraph 1
(1) to multiple eligible entities for each per-2
formance category described in subpara-3
graph (A); and 4
‘‘(ii) recognize achievements in each 5
performance category described in subpara-6
graph (A)— 7
‘‘(I) in urban and rural areas; 8
and 9
‘‘(II) on the State and local level. 10
‘‘(D) REPEAT AWARDS.—The Secretary 11
may not award a grant under this subsection to 12
the same eligible entity more than once in a 2- 13
year period. 14
‘‘(4) AWARD AMOUNT.—A grant under para-15
graph (1) shall be in an amount— 16
‘‘(A) not less than $5,000,000; and 17
‘‘(B) not more than $30,000,000. 18
‘‘(5) ELIGIBLE USES.—An eligible entity may 19
use a grant under paragraph (1) for— 20
‘‘(A) an activity eligible under this title; 21
and 22
‘‘(B) a project— 23
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O:\EDW\EDW19898.xml [file 4 of 5] S.L.C.
‘‘(i) to maintain the condition of a 1
Federal-aid highway, including routine 2
maintenance; or 3
‘‘(ii) that— 4
‘‘(I) responds to a specific condi-5
tion or event; and 6
‘‘(II) restores a Federal-aid high-7
way to a functional state of operations. 8
‘‘(6) APPLICATIONS.—To be eligible to receive a 9
grant under paragraph (1), an eligible entity shall 10
submit to the Secretary an application at such time, 11
in such manner, and containing such information as 12
the Secretary may require. 13
‘‘(7) FEDERAL SHARE.—The Federal share of the 14
cost of a project carried out using a grant under 15
paragraph (1) shall be, as determined at the discre-16
tion of the grant recipient, up to 100 percent.’’. 17
(b) CLERICAL AMENDMENT.—The analysis for chapter 18
1 of title 23, United States Code (as amended by section 19
1203(b)), is amended by inserting after the item relating 20
to section 176 the following: 21
‘‘177. Formula carbon reduction incentive program.
‘‘178. Carbon reduction performance program.’’.
SEC. 1404. CONGESTION RELIEF PROGRAM. 22
(a) IN GENERAL.—Section 129 of title 23, United 23
States Code, is amended by adding at the end the following: 24
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‘‘(d) CONGESTION RELIEF PROGRAM.— 1
‘‘(1) DEFINITIONS.—In this subsection: 2
‘‘(A) ELIGIBLE ENTITY.—The term ‘eligible 3
entity’ means— 4
‘‘(i) a State, for the purpose of car-5
rying out a project in an urbanized area 6
with a population of more than 1,000,000; 7
and 8
‘‘(ii) a metropolitan planning organi-9
zation, city, or municipality, for the pur-10
pose of carrying out a project in an urban-11
ized area with a population of more than 12
1,000,000. 13
‘‘(B) INTEGRATED CONGESTION MANAGE-14
MENT SYSTEM.—The term ‘integrated congestion 15
management system’ means a system for the in-16
tegration of management and operations of a re-17
gional transportation system that includes, at a 18
minimum, traffic incident management, work 19
zone management, traffic signal timing, man-20
aged lanes, real-time traveler information, and 21
active traffic management, in order to maximize 22
the capacity of all facilities and modes across the 23
applicable region. 24
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‘‘(C) PROGRAM.—The term ‘program’ 1
means the congestion relief program established 2
under paragraph (2). 3
‘‘(2) ESTABLISHMENT.—The Secretary shall es-4
tablish a congestion relief program to provide discre-5
tionary grants to eligible entities to advance innova-6
tive, integrated, and multimodal solutions to conges-7
tion relief in the most congested metropolitan areas of 8
the United States. 9
‘‘(3) PROGRAM GOALS.—The goals of the pro-10
gram are to reduce highway congestion, reduce eco-11
nomic and environmental costs associated with that 12
congestion, including transportation emissions, and 13
optimize existing highway capacity and usage of 14
highway and transit systems through— 15
‘‘(A) improving intermodal integration with 16
highways, highway operations, and highway per-17
formance; 18
‘‘(B) reducing or shifting highway users to 19
off-peak travel times or to nonhighway travel 20
modes during peak travel times; and 21
‘‘(C) pricing of, or based on, as applica-22
ble— 23
‘‘(i) parking; 24
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‘‘(ii) use of roadways, including in 1
designated geographic zones; or 2
‘‘(iii) congestion. 3
‘‘(4) ELIGIBLE PROJECTS.—Funds from a grant 4
under the program may be used for a project or an 5
integrated collection of projects, including planning, 6
design, implementation, and construction activities, 7
to achieve the program goals under paragraph (3), in-8
cluding— 9
‘‘(A) deployment and operation of an inte-10
grated congestion management system; 11
‘‘(B) deployment and operation of a system 12
that implements or enforces high occupancy vehi-13
cle toll lanes, cordon pricing, parking pricing, or 14
congestion pricing; 15
‘‘(C) deployment and operation of mobility 16
services, including establishing account-based fi-17
nancial systems, commuter buses, commuter 18
vans, express operations, paratransit, and on-de-19
mand microtransit; and 20
‘‘(D) incentive programs that encourage 21
travelers to carpool, use nonhighway travel 22
modes during peak period, or travel during 23
nonpeak periods. 24
‘‘(5) APPLICATION; SELECTION.— 25
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‘‘(A) APPLICATION.—To be eligible to re-1
ceive a grant under the program, an eligible en-2
tity shall submit to the Secretary an application 3
at such time, in such manner, and containing 4
such information as the Secretary may require. 5
‘‘(B) PRIORITY.—In providing grants under 6
the program, the Secretary shall give priority to 7
projects in urbanized areas that are experiencing 8
a high degree of recurrent congestion. 9
‘‘(C) FEDERAL SHARE.—The Federal share 10
of the cost of a project carried out with a grant 11
under the program shall not exceed 80 percent of 12
the total project cost. 13
‘‘(D) MINIMUM AWARD.—A grant provided 14
under the program shall be not less than 15
$10,000,000. 16
‘‘(6) USE OF TOLLING.— 17
‘‘(A) IN GENERAL.—Notwithstanding sub-18
section (a)(1) and section 301 and subject to sub-19
paragraphs (B) and (C), the Secretary shall 20
allow the use of tolls on the Interstate System as 21
part of a project carried out with a grant under 22
the program. 23
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‘‘(B) REQUIREMENTS.—The Secretary may 1
only approve the use of tolls under subparagraph 2
(A) if— 3
‘‘(i) the eligible entity has authority 4
under State, and if applicable, local, law to 5
assess the applicable toll; 6
‘‘(ii) the maximum toll rate for any 7
vehicle class is not greater than the product 8
obtained by multiplying— 9
‘‘(I) the toll rate for any other ve-10
hicle class; and 11
‘‘(II) 5; 12
‘‘(iii) the toll rates are not charged or 13
varied on the basis of State residency; 14
‘‘(iv) the Secretary determines that the 15
use of tolls will enable the eligible entity to 16
achieve the program goals under paragraph 17
(3) without a significant impact to safety 18
or mobility within the urbanized area in 19
which the project is located; and 20
‘‘(v) the use of toll revenues complies 21
with subsection (a)(3). 22
‘‘(C) LIMITATION.—The Secretary may not 23
approve the use of tolls on the Interstate System 24
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under the program in more than 10 urbanized 1
areas. 2
‘‘(7) FINANCIAL EFFECTS ON LOW-INCOME DRIV-3
ERS.—A project under the program— 4
‘‘(A) shall include, if appropriate, an anal-5
ysis of the potential effects of the project on low- 6
income drivers; and 7
‘‘(B) may include mitigation measures to 8
deal with any potential adverse financial effects 9
on low-income drivers.’’. 10
(b) HIGH OCCUPANCY VEHICLE USE OF CERTAIN 11
TOLL FACILITIES.—Section 129(a) of title 23, United 12
States Code, is amended— 13
(1) by redesignating paragraph (10) as para-14
graph (11); and 15
(2) by inserting after paragraph (9) the fol-16
lowing: 17
‘‘(10) HIGH OCCUPANCY VEHICLE USE OF CER-18
TAIN TOLL FACILITIES.—Notwithstanding section 19
102(a), in the case of a toll facility that is on the 20
Interstate System and that is constructed or converted 21
after the date of enactment of the America’s Trans-22
portation Infrastructure Act of 2019, the public au-23
thority with jurisdiction over the toll facility shall 24
allow high occupancy vehicles, transit, and para-25
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transit vehicles to use the facility at a discount rate 1
or without charge, unless the public authority, in con-2
sultation with the Secretary, determines that the 3
number of those vehicles using the facility reduces the 4
travel time reliability of the facility.’’. 5
SEC. 1405. FREIGHT PLANS. 6
(a) NATIONAL AND STATE FREIGHT PLANS.— 7
(1) NATIONAL FREIGHT STRATEGIC PLAN.—Sec-8
tion 70102(b) of title 49, United States Code, is 9
amended— 10
(A) in paragraph (10), by striking ‘‘and’’ 11
at the end; 12
(B) in paragraph (11), by striking the pe-13
riod at the end and inserting a semicolon; and 14
(C) by adding at the end the following: 15
‘‘(12) possible strategies to increase the resilience 16
of the freight system, including the ability to antici-17
pate, prepare for, or adapt to conditions, or with-18
stand, respond to, or recover rapidly from disrup-19
tions, including extreme weather and natural disas-20
ters; 21
‘‘(13) strategies to promote United States eco-22
nomic growth and international competitiveness; and 23
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‘‘(14) strategies to reduce local air pollution, 1
water runoff, and wildlife habitat loss resulting from 2
freight facilities, freight vehicles, or freight activity.’’. 3
(2) STATE FREIGHT PLANS.—Section 70202 of 4
title 49, United States Code, is amended— 5
(A) in subsection (b)— 6
(i) in paragraph (9), by striking 7
‘‘and’’ at the end; 8
(ii) by redesignating paragraph (10) 9
as paragraph (13); and 10
(iii) by inserting after paragraph (9) 11
the following: 12
‘‘(10) the most recent commercial motor vehicle 13
parking facilities assessment conducted under sub-14
section (f); 15
‘‘(11) strategies and goals to decrease— 16
‘‘(A) the severity of impacts of extreme 17
weather and natural disasters on freight mobil-18
ity; 19
‘‘(B) the impacts of freight on local air pol-20
lution; 21
‘‘(C) the impacts of freight on flooding, 22
water runoff, and other adverse water impacts; 23
and 24
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‘‘(D) the impacts of freight on wildlife habi-1
tat loss; 2
‘‘(12) strategies and goals to decrease the adverse 3
impact of freight transportation on communities tra-4
versed by freight railroads; and’’; 5
(B) by redesignating subsection (e) as sub-6
section (h); and 7
(C) by inserting after subsection (d) the fol-8
lowing: 9
‘‘(e) PRIORITY.—Each State freight plan under this 10
section shall include a requirement that the State, in car-11
rying out activities under the State freight plan— 12
‘‘(1) enhance reliability or redundancy of freight 13
transportation; or 14
‘‘(2) incorporate the ability to rapidly restore ac-15
cess and reliability of freight transportation. 16
‘‘(f) COMMERCIAL MOTOR VEHICLE PARKING FACILI-17
TIES ASSESSMENTS.—As part of the development or updat-18
ing, as applicable, of the State freight plan under this sec-19
tion, each State that receives funding under section 167 of 20
title 23, in consultation with relevant State motor carrier 21
safety personnel, shall conduct an assessment of— 22
‘‘(1) the capability of the State, together with the 23
private sector in the State, to provide adequate park-24
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ing facilities and rest facilities for commercial motor 1
vehicles engaged in interstate transportation; 2
‘‘(2) the volume of commercial motor vehicle traf-3
fic in the State; and 4
‘‘(3) whether there are any areas within the 5
State that have a shortage of adequate commercial 6
motor vehicle parking facilities, including an analysis 7
(economic or otherwise, as the State determines to be 8
appropriate) of the underlying causes of any such 9
shortages. 10
‘‘(g) APPROVAL.— 11
‘‘(1) IN GENERAL.—The Secretary of Transpor-12
tation shall approve a State freight plan described in 13
subsection (a) if the plan achieves compliance with 14
the requirements of this section. 15
‘‘(2) SAVINGS PROVISION.—Nothing in this sub-16
section establishes new procedural requirements for 17
the approval of a State freight plan described in sub-18
section (a).’’. 19
(b) STUDIES.—For the purpose of facilitating the inte-20
gration of freight transportation into an intelligent trans-21
portation system network powered by electricity, the Sec-22
retary, acting through the Administrator of the Federal 23
Highway Administration, shall conduct 2 or more appro-24
priate studies relating to— 25
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(1) preparing to supply power to applicable elec-1
trical freight infrastructure; and 2
(2) safely integrating freight into intelligent 3
transportation systems. 4
SEC. 1406. UTILIZING SIGNIFICANT EMISSIONS WITH INNO-5
VATIVE TECHNOLOGIES. 6
(a) RESEARCH, INVESTIGATION, TRAINING, AND 7
OTHER ACTIVITIES.—Section 103 of the Clean Air Act (42 8
U.S.C. 7403) is amended— 9
(1) in subsection (c)(3), in the first sentence of 10
the matter preceding subparagraph (A), by striking 11
‘‘percursors’’ and inserting ‘‘precursors’’; and 12
(2) in subsection (g)— 13
(A) by redesignating paragraphs (1) 14
through (4) as subparagraphs (A) through (D), 15
respectively, and indenting appropriately; 16
(B) in the undesignated matter following 17
subparagraph (D) (as so redesignated)— 18
(i) in the second sentence, by striking 19
‘‘The Administrator’’ and inserting the fol-20
lowing: 21
‘‘(5) COORDINATION AND AVOIDANCE OF DUPLI-22
CATION.—The Administrator’’; and 23
(ii) in the first sentence, by striking 24
‘‘Nothing’’ and inserting the following: 25
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‘‘(4) EFFECT OF SUBSECTION.—Nothing’’; 1
(C) in the matter preceding subparagraph 2
(A) (as so redesignated)— 3
(i) in the third sentence, by striking 4
‘‘Such program’’ and inserting the fol-5
lowing: 6
‘‘(3) PROGRAM INCLUSIONS.—The program 7
under this subsection’’; 8
(ii) in the second sentence— 9
(I) by inserting ‘‘States, institu-10
tions of higher education,’’ after ‘‘sci-11
entists,’’; and 12
(II) by striking ‘‘Such strategies 13
and technologies shall be developed’’ 14
and inserting the following: 15
‘‘(2) PARTICIPATION REQUIREMENT.—Such 16
strategies and technologies described in paragraph (1) 17
shall be developed’’; and 18
(iii) in the first sentence, by striking 19
‘‘In carrying out’’ and inserting the fol-20
lowing: 21
‘‘(1) IN GENERAL.—In carrying out’’; and 22
(D) by adding at the end the following: 23
‘‘(6) CERTAIN CARBON DIOXIDE ACTIVITIES.— 24
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‘‘(A) IN GENERAL.—In carrying out para-1
graph (3)(A) with respect to carbon dioxide, the 2
Administrator shall carry out the activities de-3
scribed in each of subparagraphs (B), (C), (D), 4
and (E). 5
‘‘(B) DIRECT AIR CAPTURE RESEARCH.— 6
‘‘(i) DEFINITIONS.—In this subpara-7
graph: 8
‘‘(I) BOARD.—The term ‘Board’ 9
means the Direct Air Capture Tech-10
nology Advisory Board established by 11
clause (iii)(I). 12
‘‘(II) DILUTE.—The term ‘dilute’ 13
means a concentration of less than 1 14
percent by volume. 15
‘‘(III) DIRECT AIR CAPTURE.— 16
‘‘(aa) IN GENERAL.—The 17
term ‘direct air capture’, with re-18
spect to a facility, technology, or 19
system, means that the facility, 20
technology, or system uses carbon 21
capture equipment to capture car-22
bon dioxide directly from the air. 23
‘‘(bb) EXCLUSION.—The term 24
‘direct air capture’ does not in-25
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clude any facility, technology, or 1
system that captures carbon diox-2
ide— 3
‘‘(AA) that is delib-4
erately released from a natu-5
rally occurring subsurface 6
spring; or 7
‘‘(BB) using natural 8
photosynthesis. 9
‘‘(IV) INTELLECTUAL PROP-10
ERTY.—The term ‘intellectual property’ 11
means— 12
‘‘(aa) an invention that is 13
patentable under title 35, United 14
States Code; and 15
‘‘(bb) any patent on an in-16
vention described in item (aa). 17
‘‘(ii) TECHNOLOGY PRIZES.— 18
‘‘(I) IN GENERAL.—Not later than 19
1 year after the date of enactment of 20
the America’s Transportation Infra-21
structure Act of 2019, the Adminis-22
trator, in consultation with the Sec-23
retary of Energy, shall establish a pro-24
gram to provide, and shall provide, fi-25
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nancial awards on a competitive basis 1
for direct air capture from media in 2
which the concentration of carbon diox-3
ide is dilute. 4
‘‘(II) DUTIES.—In carrying out 5
this clause, the Administrator shall— 6
‘‘(aa) subject to subclause 7
(III), develop specific require-8
ments for— 9
‘‘(AA) the competition 10
process; and 11
‘‘(BB) the demonstra-12
tion of performance of ap-13
proved projects; 14
‘‘(bb) offer financial awards 15
for a project designed— 16
‘‘(AA) to the maximum 17
extent practicable, to capture 18
more than 10,000 tons of car-19
bon dioxide per year; and 20
‘‘(BB) to operate in a 21
manner that would be com-22
mercially viable in the fore-23
seeable future (as determined 24
by the Board); and 25
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‘‘(cc) to the maximum extent 1
practicable, make financial 2
awards to geographically diverse 3
projects, including at least— 4
‘‘(AA) 1 project in a 5
coastal State; and 6
‘‘(BB) 1 project in a 7
rural State. 8
‘‘(III) PUBLIC PARTICIPATION.— 9
In carrying out subclause (II)(aa), the 10
Administrator shall— 11
‘‘(aa) provide notice of and, 12
for a period of not less than 60 13
days, an opportunity for public 14
comment on, any draft or pro-15
posed version of the requirements 16
described in subclause (II)(aa); 17
and 18
‘‘(bb) take into account pub-19
lic comments received in devel-20
oping the final version of those re-21
quirements. 22
‘‘(iii) DIRECT AIR CAPTURE TECH-23
NOLOGY ADVISORY BOARD.— 24
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‘‘(I) ESTABLISHMENT.—There is 1
established an advisory board to be 2
known as the ‘Direct Air Capture 3
Technology Advisory Board’. 4
‘‘(II) COMPOSITION.—The Board 5
shall be composed of 9 members ap-6
pointed by the Administrator, who 7
shall provide expertise in— 8
‘‘(aa) climate science; 9
‘‘(bb) physics; 10
‘‘(cc) chemistry; 11
‘‘(dd) biology; 12
‘‘(ee) engineering; 13
‘‘(ff) economics; 14
‘‘(gg) business management; 15
and 16
‘‘(hh) such other disciplines 17
as the Administrator determines 18
to be necessary to achieve the pur-19
poses of this subparagraph. 20
‘‘(III) TERM; VACANCIES.— 21
‘‘(aa) TERM.—A member of 22
the Board shall serve for a term of 23
6 years. 24
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‘‘(bb) VACANCIES.—A va-1
cancy on the Board— 2
‘‘(AA) shall not affect 3
the powers of the Board; and 4
‘‘(BB) shall be filled in 5
the same manner as the 6
original appointment was 7
made. 8
‘‘(IV) INITIAL MEETING.—Not 9
later than 30 days after the date on 10
which all members of the Board have 11
been appointed, the Board shall hold 12
the initial meeting of the Board. 13
‘‘(V) MEETINGS.—The Board 14
shall meet at the call of the Chair-15
person or on the request of the Admin-16
istrator. 17
‘‘(VI) QUORUM.—A majority of 18
the members of the Board shall con-19
stitute a quorum, but a lesser number 20
of members may hold hearings. 21
‘‘(VII) CHAIRPERSON AND VICE 22
CHAIRPERSON.—The Board shall select 23
a Chairperson and Vice Chairperson 24
from among the members of the Board. 25
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‘‘(VIII) COMPENSATION.—Each 1
member of the Board may be com-2
pensated at not to exceed the daily 3
equivalent of the annual rate of basic 4
pay in effect for a position at level V 5
of the Executive Schedule under section 6
5316 of title 5, United States Code, for 7
each day during which the member is 8
engaged in the actual performance of 9
the duties of the Board. 10
‘‘(IX) DUTIES.—The Board shall 11
advise the Administrator on carrying 12
out the duties of the Administrator 13
under this subparagraph. 14
‘‘(X) FACA.—The Federal Advi-15
sory Committee Act (5 U.S.C. App.) 16
shall apply to the Board. 17
‘‘(iv) INTELLECTUAL PROPERTY.— 18
‘‘(I) IN GENERAL.—As a condi-19
tion of receiving a financial award 20
under this subparagraph, an applicant 21
shall agree to vest the intellectual prop-22
erty of the applicant derived from the 23
technology in 1 or more entities that 24
are incorporated in the United States. 25
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‘‘(II) RESERVATION OF LI-1
CENSE.—The United States— 2
‘‘(aa) may reserve a non-3
exclusive, nontransferable, irrev-4
ocable, paid-up license, to have 5
practiced for or on behalf of the 6
United States, in connection with 7
any intellectual property de-8
scribed in subclause (I); but 9
‘‘(bb) shall not, in the exer-10
cise of a license reserved under 11
item (aa), publicly disclose pro-12
prietary information relating to 13
the license. 14
‘‘(III) TRANSFER OF TITLE.— 15
Title to any intellectual property de-16
scribed in subclause (I) shall not be 17
transferred or passed, except to an en-18
tity that is incorporated in the United 19
States, until the expiration of the first 20
patent obtained in connection with the 21
intellectual property. 22
‘‘(v) AUTHORIZATION OF APPROPRIA-23
TIONS.— 24
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‘‘(I) IN GENERAL.—There is au-1
thorized to be appropriated to carry 2
out this subparagraph $35,000,000, to 3
remain available until expended. 4
‘‘(II) REQUIREMENT.—Research 5
carried out using amounts made avail-6
able under subclause (I) may not du-7
plicate research funded by the Depart-8
ment of Energy. 9
‘‘(vi) TERMINATION OF AUTHORITY.— 10
The Board and all authority provided 11
under this subparagraph shall terminate 12
not later than 10 years after the date of en-13
actment of the America’s Transportation 14
Infrastructure Act of 2019. 15
‘‘(C) CARBON DIOXIDE UTILIZATION RE-16
SEARCH.— 17
‘‘(i) DEFINITION OF CARBON DIOXIDE 18
UTILIZATION.—In this subparagraph, the 19
term ‘carbon dioxide utilization’ refers to 20
technologies or approaches that lead to the 21
use of carbon dioxide— 22
‘‘(I) through the fixation of carbon 23
dioxide through photosynthesis or 24
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chemosynthesis, such as through the 1
growing of algae or bacteria; 2
‘‘(II) through the chemical conver-3
sion of carbon dioxide to a material or 4
chemical compound in which the car-5
bon dioxide is securely stored; or 6
‘‘(III) through the use of carbon 7
dioxide for any other purpose for 8
which a commercial market exists, as 9
determined by the Administrator. 10
‘‘(ii) PROGRAM.—The Administrator, 11
in consultation with the Secretary of En-12
ergy, shall carry out a research and devel-13
opment program for carbon dioxide utiliza-14
tion to promote existing and new tech-15
nologies that transform carbon dioxide gen-16
erated by industrial processes into a prod-17
uct of commercial value, or as an input to 18
products of commercial value. 19
‘‘(iii) TECHNICAL AND FINANCIAL AS-20
SISTANCE.—Not later than 2 years after the 21
date of enactment of the America’s Trans-22
portation Infrastructure Act of 2019, in 23
carrying out this subsection, the Adminis-24
trator, in consultation with the Secretary of 25
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O:\EDW\EDW19898.xml [file 4 of 5] S.L.C.
Energy, shall support research and infra-1
structure activities relating to carbon diox-2
ide utilization by providing technical assist-3
ance and financial assistance in accordance 4
with clause (iv). 5
‘‘(iv) ELIGIBILITY.—To be eligible to 6
receive technical assistance and financial 7
assistance under clause (iii), a carbon diox-8
ide utilization project shall— 9
‘‘(I) have access to an emissions 10
stream generated by a stationary 11
source within the United States that is 12
capable of supplying not less than 250 13
metric tons per day of carbon dioxide 14
for research; 15
‘‘(II) have access to adequate 16
space for a laboratory and equipment 17
for testing small-scale carbon dioxide 18
utilization technologies, with onsite ac-19
cess to larger test bays for scale-up; 20
and 21
‘‘(III) have existing partnerships 22
with institutions of higher education, 23
private companies, States, or other 24
government entities. 25
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O:\EDW\EDW19898.xml [file 4 of 5] S.L.C.
‘‘(v) COORDINATION.—In supporting 1
carbon dioxide utilization projects under 2
this paragraph, the Administrator shall 3
consult with the Secretary of Energy, and, 4
as appropriate, with the head of any other 5
relevant Federal agency, States, the private 6
sector, and institutions of higher education 7
to develop methods and technologies to ac-8
count for the carbon dioxide emissions 9
avoided by the carbon dioxide utilization 10
projects. 11
‘‘(vi) AUTHORIZATION OF APPROPRIA-12
TIONS.— 13
‘‘(I) IN GENERAL.—There is au-14
thorized to be appropriated to carry 15
out this subparagraph $50,000,000, to 16
remain available until expended. 17
‘‘(II) REQUIREMENT.—Research 18
carried out using amounts made avail-19
able under subclause (I) may not du-20
plicate research funded by the Depart-21
ment of Energy. 22
‘‘(D) DEEP SALINE FORMATION REPORT.— 23
‘‘(i) DEFINITION OF DEEP SALINE FOR-24
MATION.— 25
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O:\EDW\EDW19898.xml [file 4 of 5] S.L.C.
‘‘(I) IN GENERAL.—In this sub-1
paragraph, the term ‘deep saline for-2
mation’ means a formation of sub-3
surface geographically extensive sedi-4
mentary rock layers saturated with 5
waters or brines that have a high total 6
dissolved solids content and that are 7
below the depth where carbon dioxide 8
can exist in the formation as a super-9
critical fluid. 10
‘‘(II) CLARIFICATION.—In this 11
subparagraph, the term ‘deep saline 12
formation’ does not include oil and gas 13
reservoirs. 14
‘‘(ii) REPORT.—In consultation with 15
the Secretary of Energy, and, as appro-16
priate, with the head of any other relevant 17
Federal agency and relevant stakeholders, 18
not later than 1 year after the date of enact-19
ment of the America’s Transportation In-20
frastructure Act of 2019, the Administrator 21
shall prepare, submit to Congress, and make 22
publicly available a report that includes— 23
‘‘(I) a comprehensive identifica-24
tion of potential risks and benefits to 25
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project developers associated with in-1
creased storage of carbon dioxide cap-2
tured from stationary sources in deep 3
saline formations, using existing re-4
search; 5
‘‘(II) recommendations, if any, for 6
managing the potential risks identified 7
under subclause (I), including poten-8
tial risks unique to public land; and 9
‘‘(III) recommendations, if any, 10
for Federal legislation or other policy 11
changes to mitigate any potential risks 12
identified under subclause (I). 13
‘‘(E) REPORT ON CARBON DIOXIDE NON-14
REGULATORY STRATEGIES AND TECH-15
NOLOGIES.— 16
‘‘(i) IN GENERAL.—Not less frequently 17
than once every 2 years, the Administrator 18
shall submit to the Committee on Environ-19
ment and Public Works of the Senate and 20
the Committee on Energy and Commerce of 21
the House of Representatives a report that 22
describes— 23
‘‘(I) the recipients of assistance 24
under subparagraphs (B) and (C); and 25
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‘‘(II) a plan for supporting addi-1
tional nonregulatory strategies and 2
technologies that could significantly 3
prevent carbon dioxide emissions or re-4
duce carbon dioxide levels in the air, 5
in conjunction with other Federal 6
agencies. 7
‘‘(ii) INCLUSIONS.—The plan sub-8
mitted under clause (i) shall include— 9
‘‘(I) a methodology for evaluating 10
and ranking technologies based on the 11
ability of the technologies to cost effec-12
tively reduce carbon dioxide emissions 13
or carbon dioxide levels in the air; and 14
‘‘(II) a description of any nonair- 15
related environmental or energy con-16
siderations regarding the technologies. 17
‘‘(F) GAO REPORT.—The Comptroller Gen-18
eral of the United States shall submit to Con-19
gress a report that— 20
‘‘(i) identifies all Federal grant pro-21
grams in which a purpose of a grant under 22
the program is to perform research on car-23
bon capture and utilization technologies, in-24
cluding direct air capture technologies; and 25
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O:\EDW\EDW19898.xml [file 4 of 5] S.L.C.
‘‘(ii) examines the extent to which the 1
Federal grant programs identified pursuant 2
to clause (i) overlap or are duplicative.’’. 3
(b) REPORT.—Not later than 1 year after the date of 4
enactment of this Act, the Administrator of the Environ-5
mental Protection Agency (referred to in this subsection as 6
the ‘‘Administrator’’) shall submit to Congress a report de-7
scribing how funds appropriated to the Administrator dur-8
ing the 5 most recent fiscal years have been used to carry 9
out section 103 of the Clean Air Act (42 U.S.C. 7403), in-10
cluding a description of— 11
(1) the amount of funds used to carry out spe-12
cific provisions of that section; and 13
(2) the practices used by the Administrator to 14
differentiate funding used to carry out that section, as 15
compared to funding used to carry out other provi-16
sions of law. 17
(c) INCLUSION OF CARBON CAPTURE INFRASTRUC-18
TURE PROJECTS.—Section 41001(6) of the FAST Act (42 19
U.S.C. 4370m(6)) is amended— 20
(1) in subparagraph (A)— 21
(A) in the matter preceding clause (i), by 22
inserting ‘‘carbon capture,’’ after ‘‘manufac-23
turing,’’; 24
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O:\EDW\EDW19898.xml [file 4 of 5] S.L.C.
(B) in clause (i)(III), by striking ‘‘or’’ at 1
the end; 2
(C) by redesignating clause (ii) as clause 3
(iii); and 4
(D) by inserting after clause (i) the fol-5
lowing: 6
‘‘(ii) is covered by a programmatic 7
plan or environmental review developed for 8
the primary purpose of facilitating develop-9
ment of carbon dioxide pipelines; or’’; and 10
(2) by adding at the end the following: 11
‘‘(C) INCLUSION.—For purposes of subpara-12
graph (A), construction of infrastructure for car-13
bon capture includes construction of— 14
‘‘(i) any facility, technology, or system 15
that captures, utilizes, or sequesters carbon 16
dioxide emissions, including projects for di-17
rect air capture (as defined in paragraph 18
(6)(B)(i) of section 103(g) of the Clean Air 19
Act (42 U.S.C. 7403(g)); and 20
‘‘(ii) carbon dioxide pipelines.’’. 21
(d) DEVELOPMENT OF CARBON CAPTURE, UTILIZA-22
TION, AND SEQUESTRATION REPORT, PERMITTING GUID-23
ANCE, AND REGIONAL PERMITTING TASK FORCE.— 24
(1) DEFINITIONS.—In this subsection: 25
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O:\EDW\EDW19898.xml [file 4 of 5] S.L.C.
(A) CARBON CAPTURE, UTILIZATION, AND 1
SEQUESTRATION PROJECTS.—The term ‘‘carbon 2
capture, utilization, and sequestration projects’’ 3
includes projects for direct air capture (as de-4
fined in paragraph (6)(B)(i) of section 103(g) of 5
the Clean Air Act (42 U.S.C. 7403(g))). 6
(B) EFFICIENT, ORDERLY, AND RESPON-7
SIBLE.—The term ‘‘efficient, orderly, and respon-8
sible’’ means, with respect to development or the 9
permitting process for carbon capture, utiliza-10
tion, and sequestration projects and carbon diox-11
ide pipelines, a process that is completed in an 12
expeditious manner while maintaining environ-13
mental, health, and safety protections. 14
(2) REPORT.— 15
(A) IN GENERAL.—Not later than 180 days 16
after the date of enactment of this Act, the Chair 17
of the Council on Environmental Quality (re-18
ferred to in this subsection as the ‘‘Chair’’), in 19
consultation with the Administrator of the Envi-20
ronmental Protection Agency, the Secretary of 21
Energy, the Secretary of the Interior, the Execu-22
tive Director of the Federal Permitting Improve-23
ment Council, and the head of any other relevant 24
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O:\EDW\EDW19898.xml [file 4 of 5] S.L.C.
Federal agency (as determined by the President), 1
shall prepare a report that— 2
(i) compiles all existing relevant Fed-3
eral permitting and review information and 4
resources for project applicants, agencies, 5
and other stakeholders interested in the de-6
ployment of carbon capture, utilization, and 7
sequestration projects and carbon dioxide 8
pipelines, including— 9
(I) the appropriate points of 10
interaction with Federal agencies; 11
(II) clarification of the permitting 12
responsibilities and authorities among 13
Federal agencies; and 14
(III) best practices and templates 15
for permitting; 16
(ii) inventories current or emerging ac-17
tivities that transform captured carbon di-18
oxide into a product of commercial value, or 19
as an input to products of commercial 20
value; 21
(iii) inventories existing initiatives 22
and recent publications that analyze or 23
identify priority carbon dioxide pipelines 24
needed to enable efficient, orderly, and re-25
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O:\EDW\EDW19898.xml [file 4 of 5] S.L.C.
sponsible development of carbon capture, 1
utilization, and sequestration projects at in-2
creased scale; 3
(iv) identifies gaps in the current Fed-4
eral regulatory framework for the deploy-5
ment of carbon capture, utilization, and se-6
questration projects and carbon dioxide 7
pipelines; and 8
(v) identifies Federal financing mecha-9
nisms available to project developers. 10
(B) SUBMISSION; PUBLICATION.—The Chair 11
shall— 12
(i) submit the report under subpara-13
graph (A) to the Committee on Environ-14
ment and Public Works of the Senate and 15
the Committee on Energy and Commerce of 16
the House of Representatives; and 17
(ii) as soon as practicable, make the 18
report publicly available. 19
(3) GUIDANCE.— 20
(A) IN GENERAL.—After submission of the 21
report under paragraph (2)(B), but not later 22
than 1 year after the date of enactment of this 23
Act, the Chair shall submit guidance consistent 24
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O:\EDW\EDW19898.xml [file 4 of 5] S.L.C.
with that report to all relevant Federal agencies 1
that— 2
(i) facilitates reviews associated with 3
the deployment of carbon capture, utiliza-4
tion, and sequestration projects and carbon 5
dioxide pipelines; and 6
(ii) supports the efficient, orderly, and 7
responsible development of carbon capture, 8
utilization, and sequestration projects and 9
carbon dioxide pipelines. 10
(B) REQUIREMENTS.— 11
(i) IN GENERAL.—The guidance under 12
subparagraph (A) shall address require-13
ments under— 14
(I) the National Environmental 15
Policy Act of 1969 (42 U.S.C. 4321 et 16
seq.); 17
(II) the Federal Water Pollution 18
Control Act (33 U.S.C. 1251 et seq.); 19
(III) the Clean Air Act (42 U.S.C. 20
7401 et seq.); 21
(IV) the Safe Drinking Water Act 22
(42 U.S.C. 300f et seq.); 23
(V) the Endangered Species Act of 24
1973 (16 U.S.C. 1531 et seq.); 25
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(VI) division A of subtitle III of 1
title 54, United States Code (formerly 2
known as the ‘‘National Historic Pres-3
ervation Act’’); 4
(VII) the Migratory Bird Treaty 5
Act (16 U.S.C. 703 et seq.); 6
(VIII) the Act of June 8, 1940 (16 7
U.S.C. 668 et seq.) (commonly known 8
as the ‘‘Bald and Golden Eagle Protec-9
tion Act’’); and 10
(IX) any other Federal law that 11
the Chair determines to be appro-12
priate. 13
(ii) ENVIRONMENTAL REVIEWS.—The 14
guidance under subparagraph (A) shall in-15
clude direction to States and other inter-16
ested parties for the development of pro-17
grammatic environmental reviews under the 18
National Environmental Policy Act of 1969 19
(42 U.S.C. 4321 et seq.) for carbon capture, 20
utilization, and sequestration projects and 21
carbon dioxide pipelines. 22
(iii) PUBLIC INVOLVEMENT.—The 23
guidance under subparagraph (A) shall be 24
subject to the public notice, comment, and 25
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O:\EDW\EDW19898.xml [file 4 of 5] S.L.C.
solicitation of information procedures under 1
section 1506.6 of title 40, Code of Federal 2
Regulations (or a successor regulation). 3
(C) SUBMISSION; PUBLICATION.—The Chair 4
shall— 5
(i) submit the guidance under subpara-6
graph (A) to the Committee on Environ-7
ment and Public Works of the Senate and 8
the Committee on Energy and Commerce of 9
the House of Representatives; and 10
(ii) as soon as practicable, make the 11
guidance publicly available. 12
(D) EVALUATION.—The Chair shall— 13
(i) periodically evaluate the reports of 14
the task forces under paragraph (4)(E) and, 15
as necessary, revise the guidance under sub-16
paragraph (A); and 17
(ii) each year, submit to the Committee 18
on Environment and Public Works of the 19
Senate, the Committee on Energy and Com-20
merce of the House of Representatives, and 21
relevant Federal agencies a report that de-22
scribes any recommendations for legislation, 23
rules, revisions to rules, or other policies 24
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that would address the issues identified by 1
the task forces under paragraph (4)(E). 2
(4) TASK FORCE.— 3
(A) ESTABLISHMENT.—Not later than 18 4
months after the date of enactment of this Act, 5
the Chair shall establish not less than 2 task 6
forces, which shall each cover a different geo-7
graphical area with differing demographic, land 8
use, or geological issues— 9
(i) to identify permitting and other 10
challenges and successes that permitting au-11
thorities and project developers and opera-12
tors face; and 13
(ii) to improve the performance of the 14
permitting process and regional coordina-15
tion for the purpose of promoting the effi-16
cient, orderly, and responsible development 17
of carbon capture, utilization, and seques-18
tration projects and carbon dioxide pipe-19
lines. 20
(B) MEMBERS AND SELECTION.— 21
(i) IN GENERAL.—The Chair shall— 22
(I) develop criteria for the selec-23
tion of members to each task force; and 24
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(II) select members for each task 1
force in accordance with subclause (I) 2
and clause (ii). 3
(ii) MEMBERS.—Each task force— 4
(I) shall include not less than 1 5
representative of each of— 6
(aa) the Environmental Pro-7
tection Agency; 8
(bb) the Department of En-9
ergy; 10
(cc) the Department of the 11
Interior; 12
(dd) any other Federal agen-13
cy the Chair determines to be ap-14
propriate; 15
(ee) any State that requests 16
participation in the geographical 17
area covered by the task force; 18
(ff) developers or operators of 19
carbon capture, utilization, and 20
sequestration projects or carbon 21
dioxide pipelines; and 22
(gg) nongovernmental mem-23
bership organizations, the pri-24
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mary mission of which concerns 1
protection of the environment; and 2
(II) at the request of a Tribal or 3
local government, may include a rep-4
resentative of— 5
(aa) not less than 1 local 6
government in the geographical 7
area covered by the task force; and 8
(bb) not less than 1 Tribal 9
government in the geographical 10
area covered by the task force. 11
(C) MEETINGS.— 12
(i) IN GENERAL.—Each task force shall 13
meet not less than twice each year. 14
(ii) JOINT MEETING.—To the max-15
imum extent practicable, the task forces 16
shall meet collectively not less than once 17
each year. 18
(D) DUTIES.—Each task force shall— 19
(i) inventory existing or potential Fed-20
eral and State approaches to facilitate re-21
views associated with the deployment of car-22
bon capture, utilization, and sequestration 23
projects and carbon dioxide pipelines, in-24
cluding best practices that— 25
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(I) avoid duplicative reviews; 1
(II) engage stakeholders early in 2
the permitting process; and 3
(III) make the permitting process 4
efficient, orderly, and responsible; 5
(ii) develop common models for State- 6
level carbon dioxide pipeline regulation and 7
oversight guidelines that can be shared with 8
States in the geographical area covered by 9
the task force; 10
(iii) provide technical assistance to 11
States in the geographical area covered by 12
the task force in implementing regulatory 13
requirements and any models developed 14
under clause (ii); 15
(iv) inventory current or emerging ac-16
tivities that transform captured carbon di-17
oxide into a product of commercial value, or 18
as an input to products of commercial 19
value; 20
(v) identify any priority carbon diox-21
ide pipelines needed to enable efficient, or-22
derly, and responsible development of car-23
bon capture, utilization, and sequestration 24
projects at increased scale; 25
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(vi) identify gaps in the current Fed-1
eral and State regulatory framework and in 2
existing data for the deployment of carbon 3
capture, utilization, and sequestration 4
projects and carbon dioxide pipelines; 5
(vii) identify Federal and State fi-6
nancing mechanisms available to project de-7
velopers; and 8
(viii) develop recommendations for rel-9
evant Federal agencies on how to develop 10
and research technologies that— 11
(I) can capture carbon dioxide; 12
and 13
(II) would be able to be deployed 14
within the region covered by the task 15
force, including any projects that have 16
received technical or financial assist-17
ance for research under paragraph (6) 18
of section 103(g) of the Clean Air Act 19
(42 U.S.C. 7403(g)). 20
(E) REPORT.—Each year, each task force 21
shall prepare and submit to the Chair and to the 22
other task forces a report that includes— 23
(i) any recommendations for improve-24
ments in efficient, orderly, and responsible 25
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issuance or administration of Federal per-1
mits and other Federal authorizations re-2
quired under a law described in paragraph 3
(3)(B)(i); and 4
(ii) any other nationally relevant in-5
formation that the task force has collected in 6
carrying out the duties under subparagraph 7
(D). 8
(F) EVALUATION.—Not later than 5 years 9
after the date of enactment of this Act, the Chair 10
shall— 11
(i) reevaluate the need for the task 12
forces; and 13
(ii) submit to Congress a recommenda-14
tion as to whether the task forces should 15
continue. 16
SEC. 1407. PROMOTING RESILIENT OPERATIONS FOR 17
TRANSFORMATIVE, EFFICIENT, AND COST- 18
SAVING TRANSPORTATION (PROTECT) GRANT 19
PROGRAM. 20
(a) IN GENERAL.—Chapter 1 of title 23, United States 21
Code (as amended by section 1403(a)), is amended by add-22
ing at the end the following: 23
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‘‘§ 179. Promoting Resilient Operations for Trans-1
formative, Efficient, and Cost-saving 2
Transportation (PROTECT) grant pro-3
gram 4
‘‘(a) DEFINITIONS.—In this section: 5
‘‘(1) EMERGENCY EVENT.—The term ‘emergency 6
event’ means a natural disaster or catastrophic fail-7
ure resulting in— 8
‘‘(A) an emergency declared by the Governor 9
of the State in which the disaster or failure oc-10
curred; or 11
‘‘(B) an emergency or disaster declared by 12
the President. 13
‘‘(2) EVACUATION ROUTE.—The term ‘evacuation 14
route’ means a transportation route or system that— 15
‘‘(A) is owned, operated, or maintained by 16
a Federal, State, Tribal, or local government or 17
a private entity; 18
‘‘(B) is used— 19
‘‘(i) to transport the public away from 20
emergency events; or 21
‘‘(ii) to transport emergency responders 22
and recovery resources; and 23
‘‘(C) is designated by the eligible entity 24
with jurisdiction over the area in which the 25
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route is located for the purposes described in sub-1
paragraph (B). 2
‘‘(3) PROGRAM.—The term ‘program’ means the 3
grant program established under subsection (b)(1). 4
‘‘(4) RESILIENCE IMPROVEMENT.—The term ‘re-5
silience improvement’ means the use of materials or 6
structural or nonstructural techniques, including nat-7
ural infrastructure— 8
‘‘(A) that allow a project— 9
‘‘(i) to better anticipate, prepare for, 10
and adapt to changing conditions and to 11
withstand and respond to disruptions; and 12
‘‘(ii) to be better able to continue to 13
serve the primary function of the project 14
during and after weather events and nat-15
ural disasters for the expected life of the 16
project; or 17
‘‘(B) that— 18
‘‘(i) reduce the magnitude and dura-19
tion of impacts of current and future weath-20
er events and natural disasters to a project; 21
or 22
‘‘(ii) have the absorptive capacity, 23
adaptive capacity, and recoverability to de-24
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crease project vulnerability to current and 1
future weather events or natural disasters. 2
‘‘(b) ESTABLISHMENT.— 3
‘‘(1) IN GENERAL.—The Secretary shall establish 4
a grant program, to be known as the ‘Promoting Re-5
silient Operations for Transformative, Efficient, and 6
Cost-saving Transportation grant program’ or the 7
‘PROTECT grant program’. 8
‘‘(2) PURPOSE.—The purpose of the program is 9
to provide grants for resilience improvements 10
through— 11
‘‘(A) formula funding distributed to States; 12
‘‘(B) competitive planning grants to enable 13
communities to assess vulnerabilities to current 14
and future weather events and natural disasters 15
and changing conditions, including sea level rise, 16
and plan infrastructure improvements and emer-17
gency response strategies to address those 18
vulnerabilities; and 19
‘‘(C) competitive resilience improvement 20
grants to protect— 21
‘‘(i) infrastructure assets by making 22
the assets more resilient to current and fu-23
ture weather events and natural disasters, 24
such as severe storms, flooding, drought, 25
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levee and dam failures, wildfire, rockslides, 1
mudslides, sea level rise, extreme weather, 2
including extreme temperature, and earth-3
quakes; 4
‘‘(ii) communities through resilience 5
improvements and strategies that allow for 6
the continued operation or rapid recovery of 7
surface transportation systems that— 8
‘‘(I) serve critical local, regional, 9
and national needs, including evacu-10
ation routes; and 11
‘‘(II) provide access or service to 12
hospitals and other medical or emer-13
gency service facilities, major employ-14
ers, critical manufacturing centers, 15
ports and intermodal facilities, utili-16
ties, and Federal facilities; 17
‘‘(iii) coastal infrastructure, such as a 18
tide gate, that is at long-term risk to sea 19
level rise; and 20
‘‘(iv) natural infrastructure that pro-21
tects and enhances surface transportation 22
assets while improving ecosystem condi-23
tions, including culverts that ensure ade-24
quate flows in rivers and estuarine systems. 25
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‘‘(c) FORMULA AWARDS.— 1
‘‘(1) DISTRIBUTION OF FUNDS TO STATES.— 2
‘‘(A) IN GENERAL.—For each fiscal year, 3
the Secretary shall distribute among the States 4
the amounts made available to carry out this 5
subsection for that fiscal year in accordance with 6
subparagraph (B). 7
‘‘(B) DISTRIBUTION.—The amount for each 8
State shall be determined by multiplying the 9
total amount made available to carry out this 10
subsection for the applicable fiscal year by the 11
ratio that— 12
‘‘(i) the total base apportionment for 13
the State under section 104(c); bears to 14
‘‘(ii) the total base apportionments for 15
all States under section 104(c). 16
‘‘(2) ELIGIBLE ACTIVITIES.— 17
‘‘(A) IN GENERAL.—Except as provided in 18
subparagraph (B), a State shall use funds made 19
available under paragraph (1) to carry out ac-20
tivities eligible under subparagraph (A), (B), or 21
(C) of subsection (d)(4). 22
‘‘(B) PLANNING SET-ASIDE.—Of the 23
amounts made available to each State under 24
paragraph (1) for each fiscal year, not less than 25
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2 percent shall be for activities described in sub-1
section (d)(3). 2
‘‘(3) REQUIREMENTS.— 3
‘‘(A) PROJECTS IN CERTAIN AREAS.—If a 4
project under this subsection is carried out, in 5
whole or in part, within a base floodplain, the 6
State shall— 7
‘‘(i) identify the base floodplain in 8
which the project is to be located and dis-9
close that information to the Secretary; and 10
‘‘(ii) indicate to the Secretary whether 11
the State plans to implement 1 or more 12
components of the risk mitigation plan 13
under section 322 of the Robert T. Stafford 14
Disaster Relief and Emergency Assistance 15
Act (42 U.S.C. 5165) with respect to the 16
area. 17
‘‘(B) ELIGIBILITIES.—A State shall use 18
funds made available under paragraph (1) for— 19
‘‘(i) a highway project eligible for as-20
sistance under this title; 21
‘‘(ii) a public transportation facility 22
or service eligible for assistance under chap-23
ter 53 of title 49; 24
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‘‘(iii) a facility or service for intercity 1
rail passenger transportation (as defined in 2
section 24102 of title 49); or 3
‘‘(iv) a port facility, including a facil-4
ity that— 5
‘‘(I) connects a port to other 6
modes of transportation; 7
‘‘(II) improves the efficiency of 8
evacuations and disaster relief; or 9
‘‘(III) aids transportation. 10
‘‘(C) SYSTEM RESILIENCE.—A project car-11
ried out by a State with funds made available 12
under this subsection may include the use of nat-13
ural infrastructure or the construction or modi-14
fication of storm surge, flood protection, or 15
aquatic ecosystem restoration elements that are 16
functionally connected to a transportation im-17
provement, such as— 18
‘‘(i) increasing marsh health and total 19
area adjacent to a highway right-of-way to 20
promote additional flood storage; 21
‘‘(ii) upgrades to and installing of cul-22
verts designed to withstand 100-year flood 23
events; 24
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‘‘(iii) upgrades to and installation of 1
tide gates to protect highways; and 2
‘‘(iv) upgrades to and installation of 3
flood gates to protect tunnel entrances. 4
‘‘(D) FEDERAL COST SHARE.— 5
‘‘(i) IN GENERAL.—Except as provided 6
in subsection (f)(1), the Federal share of the 7
cost of a project carried out using funds 8
made available under paragraph (1) shall 9
not exceed 80 percent of the total project 10
cost. 11
‘‘(ii) NON-FEDERAL SHARE.—A State 12
may use Federal funds other than Federal 13
funds made available under this subsection 14
to meet the non-Federal cost share require-15
ment for a project under this subsection. 16
‘‘(E) ELIGIBLE PROJECT COSTS.— 17
‘‘(i) IN GENERAL.—Except as provided 18
in clause (ii), eligible project costs for ac-19
tivities carried out by a State with funds 20
made available under paragraph (1) may 21
include the costs of— 22
‘‘(I) development phase activities, 23
including planning, feasibility anal-24
ysis, revenue forecasting, environ-25
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mental review, preliminary engineer-1
ing and design work, and other 2
preconstruction activities; and 3
‘‘(II) construction, reconstruction, 4
rehabilitation, and acquisition of real 5
property (including land related to the 6
project and improvements to land), en-7
vironmental mitigation, construction 8
contingencies, acquisition of equipment 9
directly related to improving system 10
performance, and operational improve-11
ments. 12
‘‘(ii) ELIGIBLE PLANNING COSTS.—In 13
the case of a planning activity described in 14
subsection (d)(3) that is carried out by a 15
State with funds made available under 16
paragraph (1), eligible costs may include 17
development phase activities, including 18
planning, feasibility analysis, revenue fore-19
casting, environmental review, preliminary 20
engineering and design work, other 21
preconstruction activities, and other activi-22
ties consistent with carrying out the pur-23
poses of subsection (d)(3). 24
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‘‘(F) LIMITATIONS.—In carrying out this 1
subsection, a State— 2
‘‘(i) may use not more than 25 percent 3
of the amounts made available under this 4
subsection for the construction of new ca-5
pacity; and 6
‘‘(ii) may use not more than 10 per-7
cent of the amounts made available under 8
this subsection for activities described in 9
subparagraph (E)(i)(I). 10
‘‘(d) COMPETITIVE AWARDS.— 11
‘‘(1) IN GENERAL.—In addition to funds distrib-12
uted to States under subsection (c)(1), the Secretary 13
shall provide grants on a competitive basis under this 14
subsection to eligible entities described in paragraph 15
(2). 16
‘‘(2) ELIGIBLE ENTITIES.—The Secretary may 17
make a grant under this subsection to any of the fol-18
lowing: 19
‘‘(A) A State or political subdivision of a 20
State. 21
‘‘(B) A metropolitan planning organization. 22
‘‘(C) A unit of local government. 23
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‘‘(D) A special purpose district or public 1
authority with a transportation function, includ-2
ing a port authority. 3
‘‘(E) An Indian tribe (as defined in section 4
207(m)(1)). 5
‘‘(F) A Federal land management agency 6
that applies jointly with a State or group of 7
States. 8
‘‘(G) A multi-State or multijurisdictional 9
group of entities described in subparagraphs (A) 10
through (F). 11
‘‘(3) PLANNING GRANTS.—Using funds made 12
available under this subsection, the Secretary shall 13
provide planning grants to eligible entities for the 14
purpose of— 15
‘‘(A) in the case of a State or metropolitan 16
planning organization, developing a resilience 17
improvement plan under subsection (f)(2); 18
‘‘(B) resilience planning, predesign, design, 19
or the development of data tools to simulate 20
transportation disruption scenarios, including 21
vulnerability assessments; 22
‘‘(C) technical capacity building by the eli-23
gible entity to facilitate the ability of the eligible 24
entity to assess the vulnerabilities of the infra-25
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structure assets and community response strate-1
gies of the eligible entity under current condi-2
tions and a range of potential future conditions; 3
or 4
‘‘(D) evacuation planning and preparation. 5
‘‘(4) RESILIENCE GRANTS.— 6
‘‘(A) RESILIENCE IMPROVEMENT GRANTS.— 7
‘‘(i) IN GENERAL.—Using funds made 8
available under this subsection, the Sec-9
retary shall provide resilience improvement 10
grants to eligible entities to carry out 1 or 11
more eligible activities under clause (ii). 12
‘‘(ii) ELIGIBLE ACTIVITIES.— 13
‘‘(I) IN GENERAL.—An eligible en-14
tity may use a resilience improvement 15
grant under this subparagraph for 1 or 16
more construction activities to enable 17
an existing surface transportation in-18
frastructure asset to withstand 1 or 19
more elements of a weather event or 20
natural disaster, or to increase the re-21
silience of surface transportation infra-22
structure from the impacts of changing 23
conditions, such as sea level rise, flood-24
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ing, extreme weather events, and other 1
natural disasters. 2
‘‘(II) INCLUSIONS.—An activity 3
eligible to be carried out under this 4
subparagraph includes— 5
‘‘(aa) resurfacing, restora-6
tion, rehabilitation, reconstruc-7
tion, replacement, improvement, 8
or realignment of an existing sur-9
face transportation facility eligi-10
ble for assistance under this title; 11
‘‘(bb) the incorporation of 12
natural infrastructure; 13
‘‘(cc) the upgrade of an exist-14
ing surface transportation facility 15
to meet or exceed Federal High-16
way Administration approved de-17
sign standards; 18
‘‘(dd) the installation of 19
mitigation measures that prevent 20
the intrusion of floodwaters into 21
surface transportation systems; 22
‘‘(ee) strengthening systems 23
that remove rainwater from sur-24
face transportation facilities; 25
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‘‘(ff) a resilience project that 1
addresses identified vulnerabilities 2
described in the resilience im-3
provement plan of the eligible en-4
tity, if applicable; 5
‘‘(gg) relocating roadways in 6
a base floodplain to higher ground 7
above projected flood elevation lev-8
els, or away from slide prone 9
areas; 10
‘‘(hh) stabilizing slide areas 11
or slopes; 12
‘‘(ii) installing riprap; 13
‘‘(jj) lengthening or raising 14
bridges to increase waterway 15
openings, including to respond to 16
extreme weather; 17
‘‘(kk) deepening channels to 18
prevent flooding; 19
‘‘(ll) increasing the size or 20
number of drainage structures; 21
‘‘(mm) installing seismic ret-22
rofits on bridges; 23
‘‘(nn) adding scour protec-24
tion at bridges; 25
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‘‘(oo) adding scour, stream 1
stability, coastal, and other hy-2
draulic countermeasures, includ-3
ing spur dikes; and 4
‘‘(pp) any other protective 5
features, including natural infra-6
structure, as determined by the 7
Secretary. 8
‘‘(iii) PRIORITY.—The Secretary shall 9
prioritize a resilience improvement grant to 10
an eligible entity if— 11
‘‘(I) the Secretary determines— 12
‘‘(aa) the benefits of the eligi-13
ble activity proposed to be carried 14
out by the eligible entity exceed 15
the costs of the activity; and 16
‘‘(bb) there is a need to ad-17
dress the vulnerabilities of infra-18
structure assets of the eligible enti-19
ty with a high risk of, and im-20
pacts associated with, failure due 21
to the impacts of weather events, 22
natural disasters, or changing 23
conditions, such as sea level rise 24
and increased flood risk; or 25
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‘‘(II) the eligible activity proposed 1
to be carried out by the eligible entity 2
is included in the applicable resilience 3
improvement plan under subsection 4
(f)(2). 5
‘‘(B) COMMUNITY RESILIENCE AND EVACU-6
ATION ROUTE GRANTS.— 7
‘‘(i) IN GENERAL.—Using funds made 8
available under this subsection, the Sec-9
retary shall provide community resilience 10
and evacuation route grants to eligible enti-11
ties to carry out 1 or more eligible activities 12
under clause (ii). 13
‘‘(ii) ELIGIBLE ACTIVITIES.—An eligi-14
ble entity may use a community resilience 15
and evacuation route grant under this sub-16
paragraph for 1 or more projects that 17
strengthen and protect evacuation routes 18
that are essential for providing and sup-19
porting evacuations caused by emergency 20
events, including a project that— 21
‘‘(I) is an eligible activity under 22
subparagraph (A)(ii), if that eligible 23
activity will improve an evacuation 24
route; 25
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‘‘(II) ensures the ability of the 1
evacuation route to provide safe pas-2
sage during an evacuation and reduces 3
the risk of damage to evacuation routes 4
as a result of future emergency events, 5
including restoring or replacing exist-6
ing evacuation routes that are in poor 7
condition or not designed to meet the 8
anticipated demand during an emer-9
gency event, and including steps to 10
protect routes from mud, rock, or other 11
debris slides; 12
‘‘(III) if the Secretary determines 13
that existing evacuation routes are not 14
sufficient to adequately facilitate evac-15
uations, including the transportation 16
of emergency responders and recovery 17
resources, expands the capacity of evac-18
uation routes to swiftly and safely ac-19
commodate evacuations, including in-20
stallation of— 21
‘‘(aa) communications and 22
intelligent transportation system 23
equipment and infrastructure; 24
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‘‘(bb) counterflow measures; 1
or 2
‘‘(cc) shoulders; 3
‘‘(IV) is for the construction of— 4
‘‘(aa) new or redundant 5
evacuation routes, if the Secretary 6
determines that existing evacu-7
ation routes are not sufficient to 8
adequately facilitate evacuations, 9
including the transportation of 10
emergency responders and recov-11
ery resources; or 12
‘‘(bb) sheltering facilities that 13
are functionally connected to an 14
eligible project; 15
‘‘(V) is for the acquisition of evac-16
uation route or traffic incident man-17
agement equipment, vehicles, or sign-18
age; or 19
‘‘(VI) will ensure access or service 20
to critical destinations, including hos-21
pitals and other medical or emergency 22
service facilities, major employers, crit-23
ical manufacturing centers, ports and 24
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intermodal facilities, utilities, and 1
Federal facilities. 2
‘‘(iii) PRIORITY.—The Secretary shall 3
prioritize community resilience and evacu-4
ation route grants under this subparagraph 5
for eligible activities that are cost-effective, 6
as determined by the Secretary, taking into 7
account— 8
‘‘(I) current and future 9
vulnerabilities to an evacuation route 10
due to future occurrence or recurrence 11
of emergency events that are likely to 12
occur in the geographic area in which 13
the evacuation route is located; and 14
‘‘(II) projected changes in develop-15
ment patterns, demographics, and ex-16
treme weather events based on the best 17
available evidence and analysis. 18
‘‘(iv) CONSULTATION.—In providing 19
grants for community resilience and evacu-20
ation routes under this subparagraph, the 21
Secretary shall consult with the Adminis-22
trator of the Federal Emergency Manage-23
ment Agency, who shall provide technical 24
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assistance to the Secretary and to eligible 1
entities. 2
‘‘(C) AT-RISK COASTAL INFRASTRUCTURE 3
GRANTS.— 4
‘‘(i) DEFINITION OF COASTAL STATE.— 5
In this subparagraph, the term ‘coastal 6
State’ means— 7
‘‘(I) a State in, or bordering on, 8
the Atlantic, Pacific, or Arctic Ocean, 9
the Gulf of Mexico, Long Island Sound, 10
or 1 or more of the Great Lakes; 11
‘‘(II) the United States Virgin Is-12
lands; 13
‘‘(III) Guam; 14
‘‘(IV) American Samoa; and 15
‘‘(V) the Commonwealth of the 16
Northern Mariana Islands. 17
‘‘(ii) GRANTS.—Using funds made 18
available under this subsection, the Sec-19
retary shall provide at-risk coastal infra-20
structure grants to eligible entities in coast-21
al States to carry out 1 or more eligible ac-22
tivities under clause (iii). 23
‘‘(iii) ELIGIBLE ACTIVITIES.—An eligi-24
ble entity may use an at-risk coastal infra-25
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structure grant under this subparagraph for 1
strengthening, stabilizing, hardening, ele-2
vating, relocating, or otherwise enhancing 3
the resilience of highway and non-rail in-4
frastructure, including bridges, roads, pe-5
destrian walkways, and bicycle lanes, and 6
associated infrastructure, such as culverts 7
and tide gates, that are subject to, or face 8
increased long-term future risks of, a weath-9
er event, a natural disaster, or changing 10
conditions, including coastal flooding, coast-11
al erosion, wave action, storm surge, or sea 12
level rise, in order to improve transpor-13
tation and public safety and to reduce costs 14
by avoiding larger future maintenance or 15
rebuilding costs. 16
‘‘(iv) CRITERIA.—The Secretary shall 17
provide at-risk coastal infrastructure grants 18
under this subparagraph for a project— 19
‘‘(I) that addresses the risks from 20
a current or future weather event or 21
natural disaster, including coastal 22
flooding, coastal erosion, wave action, 23
storm surge, or sea level change; and 24
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‘‘(II) that reduces long-term infra-1
structure costs by avoiding larger fu-2
ture maintenance or rebuilding costs. 3
‘‘(v) COASTAL BENEFITS.—In addition 4
to the criteria under clause (iv), for the pur-5
pose of providing at-risk coastal infrastruc-6
ture grants under this subparagraph, the 7
Secretary shall evaluate the extent to which 8
a project will provide— 9
‘‘(I) access to coastal homes, busi-10
nesses, communities, and other critical 11
infrastructure, including access by first 12
responders and other emergency per-13
sonnel; or 14
‘‘(II) access to a designated evacu-15
ation route. 16
‘‘(5) GRANT REQUIREMENTS.— 17
‘‘(A) SOLICITATIONS FOR GRANTS.—In pro-18
viding grants under this subsection, the Sec-19
retary shall conduct a transparent and competi-20
tive national solicitation process to select eligible 21
projects to receive grants under paragraph (3) 22
and subparagraphs (A), (B), and (C) of para-23
graph (4). 24
‘‘(B) APPLICATIONS.— 25
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‘‘(i) IN GENERAL.—To be eligible to re-1
ceive a grant under paragraph (3) or sub-2
paragraph (A), (B), or (C) of paragraph 3
(4), an eligible entity shall submit to the 4
Secretary an application in such form, at 5
such time, and containing such information 6
as the Secretary determines to be necessary. 7
‘‘(ii) PROJECTS IN CERTAIN AREAS.— 8
If a project is proposed to be carried out by 9
the eligible entity, in whole or in part, 10
within a base floodplain, the eligible entity 11
shall— 12
‘‘(I) as part of the application, 13
identify the floodplain in which the 14
project is to be located and disclose 15
that information to the Secretary; and 16
‘‘(II) indicate in the application 17
whether, if selected, the eligible entity 18
will implement 1 or more components 19
of the risk mitigation plan under sec-20
tion 322 of the Robert T. Stafford Dis-21
aster Relief and Emergency Assistance 22
Act (42 U.S.C. 5165) with respect to 23
the area. 24
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‘‘(C) ELIGIBILITIES.—The Secretary may 1
make a grant under paragraph (3) or subpara-2
graph (A), (B), or (C) of paragraph (4) only 3
for— 4
‘‘(i) a highway project eligible for as-5
sistance under this title; 6
‘‘(ii) a public transportation facility 7
or service eligible for assistance under chap-8
ter 53 of title 49; 9
‘‘(iii) a facility or service for intercity 10
rail passenger transportation (as defined in 11
section 24102 of title 49); or 12
‘‘(iv) a port facility, including a facil-13
ity that— 14
‘‘(I) connects a port to other 15
modes of transportation; 16
‘‘(II) improves the efficiency of 17
evacuations and disaster relief; or 18
‘‘(III) aids transportation. 19
‘‘(D) SYSTEM RESILIENCE.—A project for 20
which a grant is provided under paragraph (3) 21
or subparagraph (A), (B), or (C) of paragraph 22
(4) may include the use of natural infrastructure 23
or the construction or modification of storm 24
surge, flood protection, or aquatic ecosystem res-25
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toration elements that the Secretary determines 1
are functionally connected to a transportation 2
improvement, such as— 3
‘‘(i) increasing marsh health and total 4
area adjacent to a highway right-of-way to 5
promote additional flood storage; 6
‘‘(ii) upgrades to and installing of cul-7
verts designed to withstand 100-year flood 8
events; 9
‘‘(iii) upgrades to and installation of 10
tide gates to protect highways; and 11
‘‘(iv) upgrades to and installation of 12
flood gates to protect tunnel entrances. 13
‘‘(E) FEDERAL COST SHARE.— 14
‘‘(i) PLANNING GRANT.—The Federal 15
share of the cost of a planning activity car-16
ried out using a planning grant under 17
paragraph (3) shall be 100 percent. 18
‘‘(ii) RESILIENCE GRANTS.— 19
‘‘(I) IN GENERAL.—Except as pro-20
vided in subclause (II) and subsection 21
(f)(1), the Federal share of the cost of 22
a project carried out using a grant 23
under subparagraph (A), (B), or (C) of 24
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paragraph (4) shall not exceed 80 per-1
cent of the total project cost. 2
‘‘(II) TRIBAL PROJECTS.—On the 3
determination of the Secretary, the 4
Federal share of the cost of a project 5
carried out using a grant under sub-6
paragraph (A), (B), or (C) of para-7
graph (4) by an Indian tribe (as de-8
fined in section 207(m)(1)) may be up 9
to 100 percent. 10
‘‘(iii) NON-FEDERAL SHARE.—The eli-11
gible entity may use Federal funds other 12
than Federal funds provided under this sub-13
section to meet the non-Federal cost share 14
requirement for a project carried out with a 15
grant under this subsection. 16
‘‘(F) ELIGIBLE PROJECT COSTS.— 17
‘‘(i) RESILIENCE GRANT PROJECTS.— 18
Eligible project costs for activities funded 19
with a grant under subparagraph (A), (B), 20
or (C) of paragraph (4) may include the 21
costs of— 22
‘‘(I) development phase activities, 23
including planning, feasibility anal-24
ysis, revenue forecasting, environ-25
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mental review, preliminary engineer-1
ing and design work, and other 2
preconstruction activities; and 3
‘‘(II) construction, reconstruction, 4
rehabilitation, and acquisition of real 5
property (including land related to the 6
project and improvements to land), en-7
vironmental mitigation, construction 8
contingencies, acquisition of equipment 9
directly related to improving system 10
performance, and operational improve-11
ments. 12
‘‘(ii) PLANNING GRANTS.—Eligible 13
project costs for activities funded with a 14
grant under paragraph (3) may include the 15
costs of development phase activities, in-16
cluding planning, feasibility analysis, rev-17
enue forecasting, environmental review, pre-18
liminary engineering and design work, 19
other preconstruction activities, and other 20
activities consistent with carrying out the 21
purposes of that paragraph. 22
‘‘(G) LIMITATIONS.—An eligible entity that 23
receives a grant under subparagraph (A), (B), or 24
(C) of paragraph (4)— 25
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‘‘(i) may use not more than 25 percent 1
of the amount of the grant for the construc-2
tion of new capacity; and 3
‘‘(ii) may use not more than 10 per-4
cent of the amount of the grant for activities 5
described in subparagraph (F)(i)(I). 6
‘‘(H) DISTRIBUTION OF GRANTS.— 7
‘‘(i) IN GENERAL.—Subject to the 8
availability of funds, an eligible entity may 9
request and the Secretary may distribute 10
funds for a grant under this subsection on 11
a multiyear basis, as the Secretary deter-12
mines to be necessary. 13
‘‘(ii) RURAL SET-ASIDE.—Of the 14
amounts made available to carry out this 15
subsection for each fiscal year, the Secretary 16
shall use not less than 25 percent for grants 17
for projects located in areas that are outside 18
an urbanized area with a population of 19
over 200,000. 20
‘‘(iii) TRIBAL SET-ASIDE.—Of the 21
amounts made available to carry out this 22
subsection for each fiscal year, the Secretary 23
shall use not less than 2 percent for grants 24
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to Indian tribes (as defined in section 1
207(m)(1)). 2
‘‘(iv) REALLOCATION.—For any fiscal 3
year, if the Secretary determines that the 4
amount described in clause (ii) or (iii) will 5
not be fully utilized for the grant described 6
in that clause, the Secretary may reallocate 7
the unutilized funds to provide grants to 8
other eligible entities under this subsection. 9
‘‘(e) CONSULTATION.—In carrying out the program, 10
the Secretary shall— 11
‘‘(1) consult with the Assistant Secretary of the 12
Army for Civil Works, the Administrator of the Envi-13
ronmental Protection Agency, the Secretary of the In-14
terior, and the Secretary of Commerce; and 15
‘‘(2) solicit technical support from the Adminis-16
trator of the Federal Emergency Management Agency. 17
‘‘(f) RESILIENCE IMPROVEMENT PLAN AND LOWER 18
NON-FEDERAL SHARE.— 19
‘‘(1) FEDERAL SHARE REDUCTIONS.— 20
‘‘(A) IN GENERAL.—A State that receives 21
funds under subsection (c) or an eligible entity 22
that receives a grant under subsection (d) shall 23
have the non-Federal share of a project carried 24
out with the funds or grant, as applicable, re-25
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duced by an amount described in subparagraph 1
(B) if the State or eligible entity meets the appli-2
cable requirements under that subparagraph. 3
‘‘(B) AMOUNT OF REDUCTIONS.— 4
‘‘(i) RESILIENCE IMPROVEMENT 5
PLAN.—Subject to clause (iii), the amount 6
of the non-Federal share of the costs of a 7
project carried out with funds under sub-8
section (c) or a grant under subsection (d) 9
shall be reduced by 7 percentage points if— 10
‘‘(I) in the case of a State or an 11
eligible entity that is a State or a met-12
ropolitan planning organization, the 13
State or eligible entity has— 14
‘‘(aa) developed a resilience 15
improvement plan in accordance 16
with this subsection; and 17
‘‘(bb) prioritized the project 18
on that resilience improvement 19
plan; and 20
‘‘(II) in the case of an eligible en-21
tity not described in subclause (I), the 22
eligible entity is located in a State or 23
an area served by a metropolitan plan-24
ning organization that has— 25
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‘‘(aa) developed a resilience 1
improvement plan in accordance 2
with this subsection; and 3
‘‘(bb) prioritized the project 4
on that resilience improvement 5
plan. 6
‘‘(ii) INCORPORATION OF RESILIENCE 7
IMPROVEMENT PLAN IN OTHER PLANNING.— 8
Subject to clause (iii), the amount of the 9
non-Federal share of the cost of a project 10
carried out with funds under subsection (c) 11
or a grant under subsection (d) shall be re-12
duced by 3 percentage points if— 13
‘‘(I) in the case of a State or an 14
eligible entity that is a State or a met-15
ropolitan planning organization, the 16
resilience improvement plan developed 17
in accordance with this subsection has 18
been incorporated into the metropoli-19
tan transportation plan under section 20
134 or the long-range statewide trans-21
portation plan under section 135, as 22
applicable; and 23
‘‘(II) in the case of an eligible en-24
tity not described in subclause (I), the 25
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eligible entity is located in a State or 1
an area served by a metropolitan plan-2
ning organization that incorporated a 3
resilience improvement plan into the 4
metropolitan transportation plan 5
under section 134 or the long-range 6
statewide transportation plan under 7
section 135, as applicable. 8
‘‘(iii) LIMITATIONS.— 9
‘‘(I) MAXIMUM REDUCTION.—A 10
State or eligible entity may not receive 11
a reduction under this paragraph of 12
more than 10 percentage points for 13
any single project carried out with 14
funds under subsection (c) or a grant 15
under subsection (d). 16
‘‘(II) NO NEGATIVE NON-FEDERAL 17
SHARE.—A reduction under this para-18
graph shall not reduce the non-Federal 19
share of the costs of a project carried 20
out with funds under subsection (c) or 21
a grant under subsection (d) to an 22
amount that is less than zero. 23
‘‘(2) PLAN CONTENTS.—A resilience improve-24
ment plan referred to in paragraph (1)— 25
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‘‘(A) shall be for the immediate and long- 1
range planning activities and investments of the 2
State or metropolitan planning organization 3
with respect to resilience; 4
‘‘(B) shall demonstrate a systemic approach 5
to transportation system resilience and be con-6
sistent with and complementary of the State and 7
local mitigation plans required under section 8
322 of the Robert T. Stafford Disaster Relief and 9
Emergency Assistance Act (42 U.S.C. 5165); 10
‘‘(C) shall— 11
‘‘(i) include a risk-based assessment of 12
vulnerabilities of transportation assets and 13
systems to current and future weather 14
events and natural disasters, such as severe 15
storms, flooding, drought, levee and dam 16
failures, wildfire, rockslides, mudslides, sea 17
level rise, extreme weather, including ex-18
treme temperatures, and earthquakes; 19
‘‘(ii) designate evacuation routes and 20
strategies, including multimodal facilities, 21
designated with consideration for individ-22
uals without access to personal vehicles; 23
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‘‘(iii) plan for response to anticipated 1
emergencies, including plans for the mobil-2
ity of— 3
‘‘(I) emergency response personnel 4
and equipment; and 5
‘‘(II) access to emergency services, 6
including for vulnerable or disadvan-7
taged populations; 8
‘‘(iv) describe the resilience improve-9
ment policies, including strategies, land-use 10
and zoning changes, investments in natural 11
infrastructure, or performance measures 12
that will inform the transportation invest-13
ment decisions of the State or metropolitan 14
planning organization with the goal of in-15
creasing resilience; 16
‘‘(v) include an investment plan that— 17
‘‘(I) includes a list of priority 18
projects; and 19
‘‘(II) describes how funds provided 20
by a grant under the program would 21
be invested and matched, which shall 22
not be subject to fiscal constraint re-23
quirements; and 24
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‘‘(vi) use science and data and indicate 1
the source of data and methodologies; and 2
‘‘(D) shall, as appropriate— 3
‘‘(i) include a description of how the 4
plan will improve the ability of the State or 5
metropolitan planning organization— 6
‘‘(I) to respond promptly to the 7
impacts of weather events and natural 8
disasters; and 9
‘‘(II) to be prepared for changing 10
conditions, such as sea level rise and 11
increased flood risk; 12
‘‘(ii) describe the codes, standards, and 13
regulatory framework, if any, adopted and 14
enforced to ensure resilience improvements 15
within the impacted area of proposed 16
projects included in the resilience improve-17
ment plan; 18
‘‘(iii) consider the benefits of com-19
bining hard infrastructure assets, and nat-20
ural infrastructure, through coordinated ef-21
forts by the Federal Government and the 22
States; 23
‘‘(iv) assess the resilience of other com-24
munity assets, including buildings and 25
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housing, emergency management assets, and 1
energy, water, and communication infra-2
structure; 3
‘‘(v) use a long-term planning period; 4
and 5
‘‘(vi) include such other information as 6
the eligible entity considers appropriate. 7
‘‘(3) NO NEW PLANNING REQUIREMENTS.—Noth-8
ing in this section requires a metropolitan planning 9
organization or a State to develop a resilience im-10
provement plan or to include a resilience improve-11
ment plan under the metropolitan transportation 12
plan under section 134 or the long-range statewide 13
transportation plan under section 135, as applicable, 14
of the metropolitan planning organization or State. 15
‘‘(g) MONITORING.— 16
‘‘(1) IN GENERAL.—Not later than 18 months 17
after the date of enactment of this section, the Sec-18
retary, in consultation with the officials described in 19
subsection (e), shall— 20
‘‘(A) establish, for the purpose of evaluating 21
the effectiveness and impacts of projects carried 22
out under the program— 23
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‘‘(i) subject to paragraph (2), transpor-1
tation and any other metrics as the Sec-2
retary determines to be necessary; and 3
‘‘(ii) procedures for monitoring and 4
evaluating projects based on those metrics; 5
and 6
‘‘(B) select a representative sample of 7
projects to evaluate based on the metrics and 8
procedures established under subparagraph (A). 9
‘‘(2) NOTICE.—Before adopting any metrics de-10
scribed in paragraph (1), the Secretary shall— 11
‘‘(A) publish the proposed metrics in the 12
Federal Register; and 13
‘‘(B) provide to the public an opportunity 14
for comment on the proposed metrics. 15
‘‘(h) REPORTS.— 16
‘‘(1) REPORTS FROM ELIGIBLE ENTITIES.—Not 17
later than 1 year after the date on which a project 18
carried out under the program is completed, the enti-19
ty that carried out the project shall submit to the Sec-20
retary a report on the results of the project and the 21
use of the funds received under the program. 22
‘‘(2) REPORTS TO CONGRESS.— 23
‘‘(A) ANNUAL REPORTS.—The Secretary 24
shall submit to Congress, and publish on the 25
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website of the Department of Transportation, an 1
annual report that describes the implementation 2
of the program during the preceding calendar 3
year, including— 4
‘‘(i) each project for which a grant was 5
provided under the program; 6
‘‘(ii) information relating to project 7
applications received; 8
‘‘(iii) the manner in which the con-9
sultation requirements were implemented 10
under this section; 11
‘‘(iv) recommendations to improve the 12
administration of the program, including 13
whether assistance from additional or fewer 14
agencies to carry out the program is appro-15
priate; 16
‘‘(v) the period required to disburse 17
grant funds to recipients based on applica-18
ble Federal coordination requirements; and 19
‘‘(vi) a list of facilities that repeatedly 20
require repair or reconstruction due to 21
emergency events. 22
‘‘(B) FINAL REPORT.—Not later than 5 23
years after the date of enactment of the Amer-24
ica’s Transportation Infrastructure Act of 2019, 25
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the Secretary shall submit to Congress a report 1
that includes the results of the reports submitted 2
under subparagraph (A). 3
‘‘(i) ADMINISTRATIVE EXPENSES.—The Secretary 4
shall use not more than 5 percent of the amounts made 5
available to carry out the program for each fiscal year for 6
the costs of administering the program, including moni-7
toring and evaluation under subsection (g).’’. 8
(b) CLERICAL AMENDMENT.—The analysis for chapter 9
1 of title 23, United States Code (as amended by section 10
1403(b)), is amended by inserting after the item relating 11
to section 178 the following: 12
‘‘179. Promoting Resilient Operations for Transformative, Efficient, and Cost-sav-
ing Transportation (PROTECT) grant program.’’.
SEC. 1408. DIESEL EMISSIONS REDUCTION. 13
(a) REAUTHORIZATION OF DIESEL EMISSIONS RE-14
DUCTION PROGRAM.—Section 797(a) of the Energy Policy 15
Act of 2005 (42 U.S.C. 16137(a)) is amended by striking 16
‘‘2016’’ and inserting ‘‘2024’’. 17
(b) RECOGNIZING DIFFERENCES IN DIESEL VEHICLE, 18
ENGINE, EQUIPMENT, AND FLEET USE.— 19
(1) NATIONAL GRANT, REBATE, AND LOAN PRO-20
GRAMS.—Section 792(c)(4)(D) of the Energy Policy 21
Act of 2005 (42 U.S.C. 16132(c)(4)(D)) is amended 22
by inserting ‘‘, recognizing differences in typical vehi-23
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cle, engine, equipment, and fleet use throughout the 1
United States’’ before the semicolon. 2
(2) STATE GRANT, REBATE, AND LOAN PRO-3
GRAMS.—Section 793(b)(1) of the Energy Policy Act 4
of 2005 (42 U.S.C. 16133(b)(1)) is amended— 5
(A) in subparagraph (B), by striking ‘‘; 6
and’’ and inserting a semicolon; and 7
(B) by adding at the end the following: 8
‘‘(D) the recognition, for purposes of imple-9
menting this section, of differences in typical ve-10
hicle, engine, equipment, and fleet use throughout 11
the United States, including expected useful life; 12
and’’. 13
(c) REALLOCATION OF UNUSED STATE FUNDS.—Sec-14
tion 793(c)(2)(C) of the Energy Policy Act of 2005 (42 15
U.S.C. 16133(c)(2)(C)) is amended beginning in the matter 16
preceding clause (i) by striking ‘‘to each remaining’’ and 17
all that follows through ‘‘this paragraph’’ in clause (ii) and 18
inserting ‘‘to carry out section 792’’. 19
Subtitle E—Miscellaneous 20
SEC. 1501. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST 21
FUND. 22
(a) IN GENERAL.—Section 105 of title 23, United 23
States Code, is repealed. 24
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(b) CLERICAL AMENDMENT.—The analysis for chapter 1
1 of title 23, United States Code, is amended by striking 2
the item relating to section 105. 3
SEC. 1502. STOPPING THREATS ON PEDESTRIANS. 4
(a) DEFINITION OF BOLLARD INSTALLATION 5
PROJECT.—In this section, the term ‘‘bollard installation 6
project’’ means a project to install raised concrete or metal 7
posts on a sidewalk adjacent to a roadway that are designed 8
to slow or stop a motor vehicle. 9
(b) ESTABLISHMENT.—Not later than 1 year after the 10
date of enactment of this Act and subject to the availability 11
of appropriations, the Secretary shall establish and carry 12
out a competitive grant pilot program to provide assistance 13
to local government entities for bollard installation projects 14
designed to prevent pedestrian injuries and acts of ter-15
rorism in areas used by large numbers of pedestrians. 16
(c) APPLICATION.—To be eligible to receive a grant 17
under this section, a local government entity shall submit 18
to the Secretary an application at such time, in such form, 19
and containing such information as the Secretary deter-20
mines to be appropriate, which shall include, at a min-21
imum— 22
(1) a description of the proposed bollard installa-23
tion project to be carried out; 24
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(2) a description of the pedestrian injury or ter-1
rorism risks with respect to the proposed installation 2
area; and 3
(3) an analysis of how the proposed bollard in-4
stallation project will mitigate those risks. 5
(d) USE OF FUNDS.—A recipient of a grant under this 6
section may only use the grant funds for a bollard installa-7
tion project. 8
(e) FEDERAL SHARE.—The Federal share of the costs 9
of a bollard installation project carried out with a grant 10
under this section may be up to 100 percent. 11
(f) AUTHORIZATION OF APPROPRIATIONS.—There is 12
authorized to be appropriated to the Secretary to carry out 13
this section $5,000,000 for each of fiscal years 2021 through 14
2025. 15
SEC. 1503. TRANSFER AND SALE OF TOLL CREDITS. 16
(a) DEFINITIONS.—In this section: 17
(1) ORIGINATING STATE.—The term ‘‘originating 18
State’’ means a State that— 19
(A) is eligible to use a credit under section 20
120(i) of title 23, United States Code; and 21
(B) has been selected by the Secretary under 22
subsection (d)(2). 23
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(2) PILOT PROGRAM.—The term ‘‘pilot program’’ 1
means the pilot program established under subsection 2
(b). 3
(3) RECIPIENT STATE.—The term ‘‘recipient 4
State’’ means a State that receives a credit by trans-5
fer or by sale under this section from an originating 6
State. 7
(4) STATE.—The term ‘‘State’’ has the meaning 8
given the term in section 101(a) of title 23, United 9
States Code. 10
(b) ESTABLISHMENT OF PILOT PROGRAM.—The Sec-11
retary shall establish and implement a toll credit exchange 12
pilot program in accordance with this section. 13
(c) PURPOSES.—The purposes of the pilot program 14
are— 15
(1) to identify the extent of the demand to pur-16
chase toll credits; 17
(2) to identify the cash price of toll credits 18
through bilateral transactions between States; 19
(3) to analyze the impact of the purchase or sale 20
of toll credits on transportation expenditures; 21
(4) to test the feasibility of expanding the pilot 22
program to allow all States to participate on a per-23
manent basis; and 24
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(5) to identify any other repercussions of the toll 1
credit exchange. 2
(d) SELECTION OF ORIGINATING STATES.— 3
(1) APPLICATION.—In order to participate in the 4
pilot program as an originating State, a State shall 5
submit to the Secretary an application at such time, 6
in such manner, and containing such information as 7
the Secretary may require, including, at a minimum, 8
such information as is required for the Secretary to 9
verify— 10
(A) the amount of unused toll credits for 11
which the State has submitted certification to the 12
Secretary that are available to be sold or trans-13
ferred under the pilot program, including— 14
(i) toll revenue generated and the 15
sources of that revenue; 16
(ii) toll revenue used by public, quasi- 17
public, and private agencies to build, im-18
prove, or maintain highways, bridges, or 19
tunnels that serve the public purpose of 20
interstate commerce; and 21
(iii) an accounting of any Federal 22
funds used by the public, quasi-public, or 23
private agency to build, improve, or main-24
tain the toll facility, to validate that the 25
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credit has been reduced by a percentage 1
equal to the percentage of the total cost of 2
building, improving, or maintaining the fa-3
cility that was derived from Federal funds; 4
(B) the documentation of maintenance of ef-5
fort for toll credits earned by the originating 6
State; and 7
(C) the accuracy of the accounting system of 8
the State to earn and track toll credits. 9
(2) SELECTION.—Of the States that submit an 10
application under paragraph (1), the Secretary may 11
select not more than 10 States to be designated as an 12
originating State. 13
(3) LIMITATION ON SALES.—At any time, the 14
Secretary may limit the amount of unused toll credits 15
that may be offered for sale under the pilot program. 16
(e) TRANSFER OR SALE OF CREDITS.— 17
(1) IN GENERAL.—In carrying out the pilot pro-18
gram, the Secretary shall provide that an originating 19
State may transfer or sell to a recipient State a cred-20
it not previously used by the originating State under 21
section 120(i) of title 23, United States Code. 22
(2) WEBSITE SUPPORT.—The Secretary shall 23
make available a publicly accessible website on which 24
originating States shall post the amount of toll cred-25
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its, verified under subsection (d)(1)(A), that are 1
available for sale or transfer to a recipient State. 2
(3) BILATERAL TRANSACTIONS.—An originating 3
State and a recipient State may enter into a bilateral 4
transaction to sell or transfer verified toll credits. 5
(4) NOTIFICATION.—Not later than 30 days after 6
the date on which a credit is transferred or sold, the 7
originating State and the recipient State shall jointly 8
submit to the Secretary a written notification of the 9
transfer or sale, including details on— 10
(A) the amount of toll credits that have been 11
sold or transferred; 12
(B) the price paid or other value transferred 13
in exchange for the toll credits; 14
(C) the intended use by the recipient State 15
of the toll credits, if known; 16
(D) the intended use by the originating 17
State of the cash or other value transferred; 18
(E) an update on the toll credit balance of 19
the originating State and the recipient State; 20
and 21
(F) any other information about the trans-22
action that the Secretary may require. 23
(5) USE OF CREDITS BY TRANSFEREE OR PUR-24
CHASER.—A recipient State may use a credit received 25
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under paragraph (1) toward the non-Federal share 1
requirement for any funds made available to carry 2
out title 23 or chapter 53 of title 49, United States 3
Code, in accordance with section 120(i) of title 23, 4
United States Code. 5
(6) USE OF PROCEEDS FROM SALE OF CRED-6
ITS.—An originating State shall use the proceeds 7
from the sale of a credit under paragraph (1) for the 8
construction costs of any project in the originating 9
State that is eligible under title 23, United States 10
Code. 11
(f) REPORTING REQUIREMENTS.— 12
(1) INITIAL REPORT.—Not later than 1 year 13
after the date on which the pilot program is estab-14
lished, the Secretary shall submit to the Committee on 15
Environment and Public Works of the Senate and the 16
Committee on Transportation and Infrastructure of 17
the House of Representatives a report on the progress 18
of the pilot program. 19
(2) FINAL REPORT.—Not later than 3 years after 20
the date on which the pilot program is established, the 21
Secretary shall— 22
(A) submit to the Committee on Environ-23
ment and Public Works of the Senate and the 24
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Committee on Transportation and Infrastructure 1
of the House of Representatives a report that— 2
(i) determines whether a toll credit 3
marketplace is viable and cost-effective; 4
(ii) describes the buying and selling ac-5
tivities under the pilot program; 6
(iii) describes the average sale price of 7
toll credits; 8
(iv) determines whether the pilot pro-9
gram could be expanded to more States or 10
all States or to non-State operators of toll 11
facilities; 12
(v) provides updated information on 13
the toll credit balance accumulated by each 14
State; and 15
(vi) describes the list of projects that 16
were assisted by the pilot program; and 17
(B) make the report under subparagraph 18
(A) publicly available on the website of the De-19
partment. 20
(g) TERMINATION.— 21
(1) IN GENERAL.—The Secretary may terminate 22
the pilot program or the participation of any State 23
in the pilot program if the Secretary determines 24
that— 25
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(A) the pilot program is not serving a pub-1
lic benefit; or 2
(B) it is not cost effective to carry out the 3
pilot program. 4
(2) PROCEDURES.—The termination of the pilot 5
program or the participation of a State in the pilot 6
program shall be carried out consistent with Federal 7
requirements for project closeout, adjustment, and 8
continuing responsibilities. 9
SEC. 1504. FOREST SERVICE LEGACY ROADS AND TRAILS 10
REMEDIATION PROGRAM. 11
Public Law 88–657 (16 U.S.C. 532 et seq.) (commonly 12
known as the ‘‘Forest Roads and Trails Act’’) is amended 13
by adding at the end the following: 14
‘‘SEC. 8. FOREST SERVICE LEGACY ROADS AND TRAILS RE-15
MEDIATION PROGRAM. 16
‘‘(a) IN GENERAL.—Not later than 180 days after the 17
date of enactment of this section, the Secretary, acting 18
through the Chief of the Forest Service, shall establish, and 19
develop a national strategy to carry out, a program, to be 20
known as the ‘Forest Service Legacy Roads and Trails Re-21
mediation Program’, within the National Forest System, 22
to carry out critical maintenance and urgent repairs and 23
improvements on National Forest System roads, trails, and 24
bridges. 25
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‘‘(b) PRIORITY.—In implementing the program under 1
this section, the Secretary may give priority to any project 2
that protects or restores— 3
‘‘(1) water quality; 4
‘‘(2) a watershed that feeds a public drinking 5
water system; 6
‘‘(3) important wildlife habitat, as determined 7
by the Secretary, in consultation with each affected 8
State, including habitat of threatened, endangered, or 9
sensitive fish or wildlife species; or 10
‘‘(4) historic public access for authorized mul-11
tiple uses of National Forest System land in accord-12
ance with the Multiple-Use Sustained-Yield Act of 13
1960 (16 U.S.C. 528 et seq.), including grazing, recre-14
ation, hunting, fishing, forest management, wildfire 15
mitigation, and ecosystem restoration. 16
‘‘(c) NATIONAL FOREST SYSTEM.—Except as author-17
ized under section 323 of the Department of the Interior 18
and Related Agencies Appropriations Act, 1999 (16 U.S.C. 19
1011a), each project carried out under this section shall be 20
on a National Forest System road or trail. 21
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is 22
authorized to be appropriated to the Secretary to carry out 23
this section $50,000,000 for each of fiscal years 2021 24
through 2025, to remain available until expended.’’. 25
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SEC. 1505. DISASTER RELIEF MOBILIZATION PILOT PRO-1
GRAM. 2
(a) DEFINITIONS.—In this section: 3
(1) LOCAL COMMUNITY.—The term ‘‘local com-4
munity’’ means— 5
(A) a unit of local government; 6
(B) a political subdivision of a State or 7
local government; 8
(C) a metropolitan planning organization 9
(as defined in section 134(b) of title 23, United 10
States Code); 11
(D) a rural planning organization; or 12
(E) a Tribal government. 13
(2) PILOT PROGRAM.—The term ‘‘pilot program’’ 14
means the pilot program established by the Secretary 15
under subsection (b). 16
(b) ESTABLISHMENT.—The Secretary shall establish 17
and carry out a pilot program under which the Secretary 18
shall provide grants to local communities to develop disaster 19
preparedness and disaster response plans that include the 20
use of bicycles. 21
(c) APPLICATION AND SELECTION REQUIREMENTS.— 22
(1) PARTNERSHIPS.—To be eligible to receive a 23
grant under the pilot program, a local community 24
shall demonstrate plans to enter into a partnership 25
with— 26
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(A) 1 or more nonprofit community organi-1
zations active in disaster relief or community de-2
velopment; or 3
(B) 1 or more bicycle or pedestrian advo-4
cacy organizations. 5
(2) APPLICATION.—To be eligible to receive a 6
grant under the pilot program, a local community 7
shall submit to the Secretary an application at such 8
time, in such manner, and containing such informa-9
tion as the Secretary may require, including an iden-10
tification of each nonprofit community organization 11
and bicycle or pedestrian advocacy organization with 12
which the local community plans to establish a part-13
nership under paragraph (1). 14
(3) SELECTION.—For each fiscal year, the Sec-15
retary shall select not fewer than 4, and not more 16
than 10, local communities that meet the eligibility 17
requirements to receive a grant under the pilot pro-18
gram. 19
(d) MAXIMUM AMOUNT.—The maximum amount of a 20
grant under the pilot program shall be $125,000. 21
(e) USE OF FUNDS.— 22
(1) VULNERABILITY ASSESSMENT.— 23
(A) IN GENERAL.—Each recipient of a 24
grant under the pilot program shall carry out a 25
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vulnerability assessment of the current infra-1
structure of the applicable community that sup-2
ports active transportation, including bicycling, 3
walking, and personal mobility devices, with a 4
particular focus on areas in the local community 5
that— 6
(i) have low levels of vehicle ownership; 7
and 8
(ii) lack sufficient active transpor-9
tation infrastructure routes to public trans-10
portation. 11
(B) PUBLIC PARTICIPATION.—In carrying 12
out the vulnerability assessment under subpara-13
graph (A), a grant recipient shall— 14
(i) provide an opportunity for public 15
participation and feedback; and 16
(ii) consider public feedback in devel-17
oping or modifying response plans under 18
paragraph (2). 19
(2) DISASTER PREPAREDNESS AND DISASTER 20
RESPONSE PLANS.—Each recipient of a grant under 21
the pilot program shall develop or modify, as applica-22
ble, disaster preparedness and disaster response plans 23
to include the use of bicycles by first responders, 24
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emergency workers, and community organization rep-1
resentatives— 2
(A) during a mandatory or voluntary evac-3
uation ordered by a Federal, State, Tribal, or 4
local government entity— 5
(i) to notify residents of the need to 6
evacuate; 7
(ii) to evacuate individuals and goods; 8
and 9
(iii) to reach individuals who are in 10
need of first aid and medical assistance; 11
and 12
(B) after a disaster or emergency declared 13
by a Federal, State, Tribal, or local government 14
entity— 15
(i) to participate in search and rescue 16
activities; 17
(ii) to carry commodities to be used for 18
life-saving or life-sustaining purposes, in-19
cluding— 20
(I) water; 21
(II) food; 22
(III) first aid and other medical 23
supplies; and 24
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(IV) power sources and electric 1
supplies, such as cell phones, radios, 2
lights, and batteries; 3
(iii) to reach individuals who are in 4
need of the items described in clause (ii); 5
and 6
(iv) to assist with other disaster relief 7
tasks, as appropriate. 8
(3) PREPAREDNESS TRAINING, EXERCISES, AND 9
EQUIPMENT.—Each recipient of a grant under the 10
pilot program shall— 11
(A) provide training for first responders, 12
emergency workers, and community organization 13
representatives regarding— 14
(i) competent bicycle skills, including 15
the use of cargo bicycles and electric bicy-16
cles, as applicable; 17
(ii) basic bicycle maintenance; and 18
(iii) methods to use bicycles to carry 19
out the activities described in subpara-20
graphs (A) and (B) of paragraph (2); 21
(B) conduct exercises for the purpose of— 22
(i) exercising the skills described in 23
subparagraph (A); and 24
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(ii) maintaining bicycles and related 1
equipment; and 2
(C) provide bicycles, as necessary and ap-3
propriate, to each community organization act-4
ing in partnership with the recipient to allow 5
representatives of the organization to assist in 6
disaster preparedness and disaster response ef-7
forts. 8
(f) REPORT.—Not later than 3 years after the date of 9
enactment of this Act, the Secretary shall submit to Con-10
gress a report that— 11
(1) describes the activities carried out under the 12
pilot program; 13
(2) analyzes the effectiveness of the pilot pro-14
gram; and 15
(3) includes recommendations, if any, regarding 16
methods by which to incorporate bicycles into disaster 17
preparedness and disaster response plans in other 18
communities. 19
SEC. 1506. APPALACHIAN REGIONAL DEVELOPMENT. 20
(a) DEFINITION OF APPALACHIAN REGION, NORTH 21
CAROLINA.—Section 14102(a)(1)(G) of title 40, United 22
States Code, is amended— 23
(1) by inserting ‘‘Catawba,’’ after ‘‘Caldwell,’’; 24
and 25
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(2) by inserting ‘‘Cleveland,’’ after ‘‘Clay,’’. 1
(b) APPALACHIAN REGIONAL COMMISSION PLANNING 2
PROCESSES.— 3
(1) MEMBERSHIP.—Section 14301(b)(2) of title 4
40, United States Code, is amended— 5
(A) in the second sentence, by striking 6
‘‘President,,’’ and inserting ‘‘President’’; and 7
(B) by striking the fourth sentence. 8
(2) DECISIONS.— 9
(A) IN GENERAL.—Section 14302 of title 10
40, United States Code, is amended— 11
(i) in subsection (a), by inserting after 12
‘‘Appalachian Regional Commission’’ the 13
following: ‘‘involving Appalachian Regional 14
Commission policy, the approval of State, 15
regional, or subregional development plans 16
or strategy statements, the modification or 17
revision of the Appalachian Regional Com-18
mission Code, the allocation of amounts 19
among the States, or designation of a dis-20
tressed county, an at-risk county, or an eco-21
nomically strong county’’; 22
(ii) by striking subsection (c); and 23
(iii) by redesignating subsection (d) as 24
subsection (c). 25
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(B) CONFORMING AMENDMENT.—Section 1
14301(d)(1) of title 40, United States Code, is 2
amended by striking ‘‘section 14302(c) and (d)’’ 3
and inserting ‘‘subsections (a) and (c) of section 4
14302’’. 5
(3) MEETINGS.—Section 14307 of title 40, 6
United States Code, is amended to read as follows: 7
‘‘§ 14307. Meetings 8
‘‘The Appalachian Regional Commission may conduct 9
meetings by electronic means as the Appalachian Regional 10
Commission considers advisable, including meetings to de-11
cide matters requiring an affirmative vote.’’. 12
(c) APPALACHIAN REGIONAL ENERGY HUB INITIA-13
TIVE.— 14
(1) IN GENERAL.—Subchapter I of chapter 145 15
of subtitle IV of title 40, United States Code, is 16
amended by adding at the end the following: 17
‘‘§ 14511. Appalachian regional energy hub initiative 18
‘‘(a) IN GENERAL.—The Appalachian Regional Com-19
mission may provide technical assistance to, make grants 20
to, enter into contracts with, or otherwise provide amounts 21
to individuals or entities in the Appalachian region for 22
projects and activities— 23
‘‘(1) to conduct research and analysis regarding 24
the economic impact of an ethane storage hub in the 25
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Appalachian region that supports a more-effective en-1
ergy market performance due to the scale of the 2
project, such as a project with the capacity to store 3
and distribute more than 100,000 barrels per day of 4
hydrocarbon feedstock with a minimum gross heating 5
value of 1,700 Btu per standard cubic foot; 6
‘‘(2) with the potential to significantly con-7
tribute to the economic resilience of the area in which 8
the project is located; and 9
‘‘(3) that will help establish a regional energy 10
hub in the Appalachian region for natural gas and 11
natural gas liquids, including storage and associated 12
pipelines. 13
‘‘(b) LIMITATION ON AVAILABLE AMOUNTS.—Of the 14
cost of any activity eligible for a grant under this section— 15
‘‘(1) not more than 50 percent may be provided 16
from amounts made available to carry out this sec-17
tion; 18
‘‘(2) in the case of a project to be carried out in 19
a county for which a distressed county designation is 20
in effect under section 14526, not more than 80 per-21
cent may be provided from amounts made available 22
to carry out this section; and 23
‘‘(3) in the case of a project to be carried out in 24
a county for which an at-risk county designation is 25
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in effect under section 14526, not more than 70 per-1
cent may be provided from amounts made available 2
to carry out this section. 3
‘‘(c) SOURCES OF ASSISTANCE.—Subject to subsection 4
(b), a grant provided under this section may be provided 5
from amounts made available to carry out this section, in 6
combination with amounts made available— 7
‘‘(1) under any other Federal program; or 8
‘‘(2) from any other source. 9
‘‘(d) FEDERAL SHARE.—Notwithstanding any provi-10
sion of law limiting the Federal share under any other Fed-11
eral program, amounts made available to carry out this sec-12
tion may be used to increase that Federal share, as the Ap-13
palachian Regional Commission determines to be appro-14
priate.’’. 15
(2) CLERICAL AMENDMENT.—The analysis for 16
subchapter I of chapter 145 of title 40, United States 17
Code, is amended by inserting after the item relating 18
to section 14510 the following: 19
‘‘14511. Appalachian regional energy hub initiative.’’.
(d) AUTHORIZATIONS.—Section 14703 of title 40, 20
United States Code, is amended— 21
(1) in subsection (a)— 22
(A) in paragraph (4), by striking ‘‘and’’ at 23
the end; 24
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(B) in paragraph (5), by striking ‘‘through 1
2020.’’ and inserting ‘‘through 2020; and’’; and 2
(C) by adding at the end the following: 3
‘‘(6) $180,000,000 for each of fiscal years 2021 4
through 2025.’’; 5
(2) in subsection (c)— 6
(A) by striking ‘‘$10,000,000’’ and inserting 7
‘‘$20,000,000’’; and 8
(B) by striking ‘‘2020’’ and inserting 9
‘‘2025’’; 10
(3) by redesignating subsections (d) and (e) as 11
subsections (e) and (f), respectively; and 12
(4) by inserting after subsection (c) the fol-13
lowing: 14
‘‘(d) APPALACHIAN REGIONAL ENERGY HUB INITIA-15
TIVE.—Of the amounts made available under subsection 16
(a), $5,000,000 shall be used to carry out section 14511 for 17
each of fiscal years 2021 through 2025.’’. 18
(e) TERMINATION.—Section 14704 of title 40, United 19
States Code, is amended by striking ‘‘2020’’ and inserting 20
‘‘2025’’. 21
SEC. 1507. REQUIREMENTS FOR TRANSPORTATION 22
PROJECTS CARRIED OUT THROUGH PUBLIC- 23
PRIVATE PARTNERSHIPS. 24
(a) DEFINITIONS.—In this section: 25
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(1) PROJECT.—The term ‘‘project’’ means a 1
project (as defined in section 101 of title 23, United 2
States Code) that— 3
(A) is carried out, in whole or in part, 4
using Federal financial assistance; and 5
(B) has an estimated total cost of 6
$100,000,000 or more. 7
(2) PUBLIC-PRIVATE PARTNERSHIP.—The term 8
‘‘public-private partnership’’ means an agreement be-9
tween a public agency and a private entity to fi-10
nance, build, and maintain or operate a project. 11
(b) REQUIREMENTS FOR PROJECTS CARRIED OUT 12
THROUGH PUBLIC-PRIVATE PARTNERSHIPS.—With respect 13
to a public-private partnership, as a condition of receiving 14
Federal financial assistance for a project, the Secretary 15
shall require the public partner, not later than 3 years after 16
the date of opening of the project to traffic— 17
(1) to conduct a review of the project, including 18
a review of the compliance of the private partner with 19
the terms of the public-private partnership agreement; 20
(2)(A) to certify to the Secretary that the private 21
partner of the public-private partnership is meeting 22
the terms of the public-private partnership agreement 23
for the project; or 24
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(B) to notify the Secretary that the private part-1
ner of the public-private partnership has not met 1 2
or more of the terms of the public-private partnership 3
agreement for the project, including a brief descrip-4
tion of each violation of the public-private partner-5
ship agreement; and 6
(3) to make publicly available the certification or 7
notification, as applicable, under paragraph (2) in a 8
form that does not disclose any proprietary or con-9
fidential business information. 10
(c) NOTIFICATION.—If the Secretary provides Federal 11
financial assistance to a project carried out through a pub-12
lic-private partnership, not later than 30 days after the 13
date on which the Federal financial assistance is first obli-14
gated, the Secretary shall submit to the Committee on Envi-15
ronment and Public Works of the Senate and the Committee 16
on Transportation and Infrastructure of the House of Rep-17
resentatives a notification of the Federal financial assist-18
ance made available for the project. 19
(d) VALUE FOR MONEY ANALYSIS.— 20
(1) PROJECT APPROVAL AND OVERSIGHT.—Sec-21
tion 106(h)(3) of title 23, United States Code, is 22
amended— 23
(A) in subparagraph (C), by striking ‘‘and’’ 24
at the end; 25
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(B) by redesignating subparagraph (D) as 1
subparagraph (E); and 2
(C) by inserting after subparagraph (C) the 3
following: 4
‘‘(D) for a project in which the project spon-5
sor intends to carry out the project through a 6
public-private partnership agreement, shall in-7
clude a detailed value for money analysis or 8
similar comparative analysis for the project; 9
and’’. 10
(2) SURFACE TRANSPORTATION BLOCK GRANT 11
PROGRAM.—Paragraph (16) of section 133(b) of title 12
23, United States Code (as redesignated by section 13
1109(a)(1)(C)), is amended by inserting ‘‘, including 14
conducting value for money analyses or similar com-15
parative analyses,’’ after ‘‘oversight’’. 16
(3) TIFIA.—Section 602(a) of title 23, United 17
States Code, is amended by adding at the end the fol-18
lowing: 19
‘‘(11) PUBLIC-PRIVATE PARTNERSHIPS.—In the 20
case of a project to be carried out through a public- 21
private partnership, the public partner shall have— 22
‘‘(A) conducted a value for money analysis 23
or similar comparative analysis; and 24
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‘‘(B) determined the appropriateness of the 1
public-private partnership agreement.’’. 2
(e) APPLICABILITY.—This section and the amendments 3
made by this section shall only apply to a public-private 4
partnership agreement entered into on or after the date of 5
enactment of this Act. 6
SEC. 1508. COMMUNITY CONNECTIVITY PILOT PROGRAM. 7
(a) DEFINITION OF ELIGIBLE FACILITY.— 8
(1) IN GENERAL.—In this section, the term ‘‘eli-9
gible facility’’ means a highway or other transpor-10
tation facility that creates a barrier to community 11
connectivity, including barriers to mobility, access, or 12
economic development, due to high speeds, grade sepa-13
rations, or other design factors. 14
(2) INCLUSIONS.—In this section, the term ‘‘eli-15
gible facility’’ may include— 16
(A) a limited access highway; 17
(B) a viaduct; and 18
(C) any other principal arterial facility. 19
(b) ESTABLISHMENT.—The Secretary shall establish a 20
pilot program through which an eligible entity may apply 21
for funding— 22
(1) to study the feasibility and impacts of re-23
moving an existing eligible facility; 24
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(2) to conduct planning activities necessary to 1
design a project to remove an existing eligible facility; 2
and 3
(3) to conduct construction activities necessary 4
to carry out a project to remove an existing eligible 5
facility. 6
(c) PLANNING GRANTS.— 7
(1) ELIGIBLE ENTITIES.—The Secretary may 8
award a grant (referred to in this section as a ‘‘plan-9
ning grant’’) to carry out planning activities de-10
scribed in paragraph (2) to— 11
(A) a State; 12
(B) a unit of local government; 13
(C) a Tribal government; 14
(D) a metropolitan planning organization; 15
and 16
(E) a nonprofit organization. 17
(2) ELIGIBLE ACTIVITIES DESCRIBED.—The 18
planning activities referred to in paragraph (1) are— 19
(A) planning studies to evaluate the feasi-20
bility of removing an eligible facility, including 21
evaluations of— 22
(i) current traffic patterns on the eligi-23
ble facility proposed for removal and the 24
surrounding street network; 25
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(ii) the capacity of existing transpor-1
tation networks to maintain mobility needs; 2
(iii) an analysis of alternative road-3
way designs or other uses for the right-of- 4
way of the eligible facility, including an 5
analysis of whether the available right-of- 6
way would suffice to create an alternative 7
roadway design; 8
(iv) the effect of the removal of the eli-9
gible facility on the mobility of freight and 10
people; 11
(v) the effect of the removal of the eligi-12
ble facility on the safety of the traveling 13
public; 14
(vi) the cost to remove the eligible facil-15
ity and to convert the eligible facility to a 16
different roadway design or use, compared 17
to any expected costs for necessary mainte-18
nance or reconstruction of the eligible facil-19
ity; 20
(vii) the anticipated economic impact 21
of removing and converting the eligible fa-22
cility and any economic development oppor-23
tunities that would be created by removing 24
and converting the eligible facility; and 25
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(viii) the environmental impacts of re-1
taining or reconstructing the eligible facil-2
ity and the anticipated effect of the pro-3
posed alternative use or roadway design; 4
(B) public engagement activities to provide 5
opportunities for public input into a plan to re-6
move and convert an eligible facility; and 7
(C) other transportation planning activities 8
required in advance of a project to remove an ex-9
isting eligible facility, as determined by the Sec-10
retary. 11
(3) TECHNICAL ASSISTANCE PROGRAM.— 12
(A) IN GENERAL.—The Secretary may pro-13
vide technical assistance described in subpara-14
graph (B) to an eligible entity. 15
(B) TECHNICAL ASSISTANCE DESCRIBED.— 16
The technical assistance referred to in subpara-17
graph (A) is technical assistance in building or-18
ganizational or community capacity— 19
(i) to engage in transportation plan-20
ning; and 21
(ii) to identify innovative solutions to 22
infrastructure challenges, including recon-23
necting communities that— 24
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(I) are bifurcated by eligible fa-1
cilities; or 2
(II) lack safe, reliable, and afford-3
able transportation choices. 4
(C) PRIORITIES.—In selecting recipients of 5
technical assistance under subparagraph (A), the 6
Secretary shall give priority to an application 7
from a community that is economically dis-8
advantaged. 9
(4) SELECTION.—The Secretary shall— 10
(A) solicit applications for— 11
(i) planning grants; and 12
(ii) technical assistance under para-13
graph (3); and 14
(B) evaluate applications for a planning 15
grant on the basis of the demonstration by the 16
applicant that— 17
(i) the eligible facility is aged and is 18
likely to need replacement or significant re-19
construction within the 20-year period be-20
ginning on the date of the submission of the 21
application; 22
(ii) the eligible facility— 23
(I) creates barriers to mobility, 24
access, or economic development; or 25
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(II) is not justified by current 1
and forecast future travel demand; and 2
(iii) on the basis of preliminary inves-3
tigations into the feasibility of removing the 4
eligible facility, further investigation is nec-5
essary and likely to be productive. 6
(5) AWARD AMOUNTS.—A planning grant may 7
not exceed $2,000,000 per recipient. 8
(6) FEDERAL SHARE.—The total Federal share 9
of the cost of a planning activity for which a plan-10
ning grant is used shall not exceed 80 percent. 11
(d) CAPITAL CONSTRUCTION GRANTS.— 12
(1) ELIGIBLE ENTITIES.—The Secretary may 13
award a grant (referred to in this section as a ‘‘cap-14
ital construction grant’’) to the owner of an eligible 15
facility to carry out an eligible project described in 16
paragraph (3) for which all necessary feasibility stud-17
ies and other planning activities have been completed. 18
(2) PARTNERSHIPS.—An owner of an eligible fa-19
cility may, for the purposes of submitting an applica-20
tion for a capital construction grant, if applicable, 21
partner with— 22
(A) a State; 23
(B) a unit of local government; 24
(C) a Tribal government; 25
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(D) a metropolitan planning organization; 1
or 2
(E) a nonprofit organization. 3
(3) ELIGIBLE PROJECTS.—A project eligible to be 4
carried out with a capital construction grant in-5
cludes— 6
(A) the removal of an eligible facility; and 7
(B) the replacement of an eligible facility 8
with a new facility that is— 9
(i) sensitive to the context of the sur-10
rounding community; and 11
(ii) otherwise eligible for funding 12
under title 23, United States Code. 13
(4) SELECTION.—The Secretary shall— 14
(A) solicit applications for capital construc-15
tion grants; and 16
(B) evaluate applications on the basis of— 17
(i) the degree to which the project will 18
improve mobility and access through the re-19
moval of barriers; 20
(ii) the appropriateness of removing 21
the eligible facility, based on current traffic 22
patterns and the ability of the replacement 23
facility and the regional transportation net-24
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work to absorb transportation demand and 1
provide safe mobility and access; 2
(iii) the impact of the project on 3
freight movement; 4
(iv) the results of a cost-benefit anal-5
ysis of the project; 6
(v) the opportunities for inclusive eco-7
nomic development; 8
(vi) the degree to which the eligible fa-9
cility is out of context with the current or 10
planned land use; 11
(vii) the results of any feasibility study 12
completed for the project; and 13
(viii) the plan of the applicant for— 14
(I) employing residents in the 15
area impacted by the project through 16
targeted hiring programs, in partner-17
ship with registered apprenticeship 18
programs, if applicable; and 19
(II) contracting and subcon-20
tracting with disadvantaged business 21
enterprises. 22
(5) MINIMUM AWARD AMOUNTS.—A capital con-23
struction grant shall be in an amount not less than 24
$5,000,000 per recipient. 25
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(6) FEDERAL SHARE.— 1
(A) IN GENERAL.—Subject to subparagraph 2
(B), a capital construction grant may not exceed 3
50 percent of the total cost of the project for 4
which the grant is awarded. 5
(B) MAXIMUM FEDERAL INVOLVEMENT.— 6
Federal assistance other than a capital construc-7
tion grant may be used to satisfy the non-Fed-8
eral share of the cost of a project for which the 9
grant is awarded, except that the total Federal 10
assistance provided for a project for which the 11
grant is awarded may not exceed 80 percent of 12
the total cost of the project. 13
(7) COMMUNITY ADVISORY BOARD.— 14
(A) IN GENERAL.—To help achieve inclusive 15
economic development benefits with respect to the 16
project for which a grant is awarded, a grant re-17
cipient may form a community advisory board, 18
which shall— 19
(i) facilitate community engagement 20
with respect to the project; and 21
(ii) track progress with respect to com-22
mitments of the grant recipient to inclusive 23
employment, contracting, and economic de-24
velopment under the project. 25
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(B) MEMBERSHIP.—If a grant recipient 1
forms a community advisory board under sub-2
paragraph (A), the community advisory board 3
shall be composed of representatives of— 4
(i) the community; 5
(ii) owners of businesses that serve the 6
community; 7
(iii) labor organizations that represent 8
workers that serve the community; and 9
(iv) State and local government. 10
(e) REPORTS.— 11
(1) USDOT REPORT ON PILOT PROGRAM.—Not 12
later than January 1, 2025, the Secretary shall sub-13
mit to the Committee on Environment and Public 14
Works of the Senate and the Committee on Transpor-15
tation and Infrastructure of the House of Representa-16
tives a report that evaluates the pilot program under 17
this section, including— 18
(A) information about the level of applicant 19
interest in planning grants, technical assistance 20
under subsection (c)(3), and capital construction 21
grants, including the extent to which overall de-22
mand exceeded available funds; and 23
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(B) for recipients of capital construction 1
grants, the outcomes and impacts of the highway 2
removal project, including— 3
(i) any changes in the overall level of 4
mobility, congestion, access, and safety in 5
the project area; and 6
(ii) environmental impacts and eco-7
nomic development opportunities in the 8
project area. 9
(2) GAO REPORT ON HIGHWAY REMOVALS.—Not 10
later than 2 years after the date of enactment of this 11
Act, the Comptroller General of the United States 12
shall issue a report that— 13
(A) identifies examples of projects to remove 14
highways using Federal highway funds; 15
(B) evaluates the effect of highway removal 16
projects on the surrounding area, including im-17
pacts to the local economy, congestion effects, 18
safety outcomes, and impacts on the movement of 19
freight and people; 20
(C) evaluates the existing Federal-aid pro-21
gram eligibility under title 23, United States 22
Code, for highway removal projects; 23
(D) analyzes the costs and benefits of and 24
barriers to removing underutilized highways that 25
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are nearing the end of their useful life compared 1
to replacing or reconstructing the highway; and 2
(E) provides recommendations for inte-3
grating those assessments into transportation 4
planning and decision-making processes. 5
(f) TECHNICAL ASSISTANCE.—Of the funds made 6
available to carry out this section for planning grants, the 7
Secretary may use not more than $15,000,000 during the 8
period of fiscal years 2021 through 2025 to provide tech-9
nical assistance under subsection (c)(3). 10
SEC. 1509. REPEAL OF RESCISSION. 11
(a) IN GENERAL.—Section 1438 of the FAST Act 12
(Public Law 114–94; 129 Stat. 1432) is repealed. 13
(b) CLERICAL AMENDMENT.—The table of contents in 14
section 1(b) of the FAST Act (Public Law 114–94; 129 Stat. 15
1312) is amended by striking the item relating to section 16
1438. 17
SEC. 1510. FEDERAL INTERAGENCY WORKING GROUP FOR 18
CONVERSION OF FEDERAL FLEET TO HYBRID- 19
ELECTRIC VEHICLES, ELECTRIC VEHICLES, 20
AND ALTERNATIVE FUELED VEHICLES. 21
(a) IN GENERAL.—Not later than 1 year after the date 22
of enactment of this Act, the Chair of the Council on Envi-23
ronmental Quality shall coordinate and chair a Federal 24
interagency working group to develop a strategy to transi-25
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tion the vehicle fleets of the respective Federal agencies to 1
hybrid-electric vehicles, plug-in electric drive vehicles, and 2
alternative fueled vehicles (as defined in section 301 of the 3
Energy Policy Act of 1992 (42 U.S.C. 13211)), to the max-4
imum extent practicable. 5
(b) GOALS.—The goals of the interagency working 6
group established under subsection (a) are— 7
(1) to ensure that the Federal vehicle fleet is at 8
the leading edge of transitioning to clean energy 9
sources; and 10
(2) to develop targets for each year such that the 11
total number of vehicles purchased for the Federal 12
fleet in the applicable year includes a percentage of 13
hybrid-electric vehicles, plug-in electric drive vehicles, 14
and alternative fueled vehicles that is not less than 15
the percentage of hybrid-electric vehicles, plug-in elec-16
tric drive vehicles, and alternative fueled vehicles pur-17
chased in the United States in the previous year. 18
(c) REQUIREMENT.—In developing the strategy under 19
subsection (a), the interagency working group established 20
under that subsection shall consider— 21
(1) cost-effectiveness; and 22
(2) the types of vehicles that are appropriate to 23
the mission of each Federal agency. 24
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(d) REPORT.—Not later than 1 year after the date of 1
enactment of this Act, and annually thereafter, the Federal 2
interagency working group shall submit to the Committee 3
on Environment and Public Works of the Senate and the 4
Committee on Transportation and Infrastructure of the 5
House of Representatives a report that describes the progress 6
made toward implementing the strategy developed under 7
subsection (a). 8
SEC. 1511. CYBERSECURITY TOOL; CYBER COORDINATOR. 9
(a) DEFINITIONS.—In this section: 10
(1) ADMINISTRATOR.—The term ‘‘Adminis-11
trator’’ means the Administrator of the Federal High-12
way Administration. 13
(2) CYBER INCIDENT.—The term ‘‘cyber inci-14
dent’’ has the meaning given the term ‘‘significant 15
cyber incident’’ in Presidential Policy Directive–41 16
(July 26, 2016, relating to cyber incident coordina-17
tion). 18
(3) TRANSPORTATION AUTHORITY.—The term 19
‘‘transportation authority’’ means— 20
(A) a public authority (as defined in section 21
101(a) of title 23, United States Code); 22
(B) an owner or operator of a highway (as 23
defined in section 101(a) of title 23, United 24
States Code); 25
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(C) a manufacturer that manufactures a 1
product related to transportation; and 2
(D) a division office of the Federal High-3
way Administration. 4
(b) CYBERSECURITY TOOL.— 5
(1) IN GENERAL.—Not later than 2 years after 6
the date of enactment of this Act, the Administrator 7
shall develop a tool to assist transportation authori-8
ties in identifying, detecting, protecting against, re-9
sponding to, and recovering from cyber incidents. 10
(2) REQUIREMENTS.—In developing the tool 11
under paragraph (1), the Administrator shall— 12
(A) use the cybersecurity framework estab-13
lished by the National Institute of Standards 14
and Technology and required by Executive Order 15
13636 of February 12, 2013 (78 Fed. Reg. 16
11739; relating to improving critical infrastruc-17
ture cybersecurity); 18
(B) establish a structured cybersecurity as-19
sessment and development program; 20
(C) consult with appropriate transportation 21
authorities, operating agencies, industry stake-22
holders, and cybersecurity experts; and 23
(D) provide for a period of public comment 24
and review on the tool. 25
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(c) DESIGNATION OF CYBER COORDINATOR.— 1
(1) IN GENERAL.—Not later than 2 years after 2
the date of enactment of this Act, the Administrator 3
shall designate an office as a ‘‘cyber coordinator’’, 4
which shall be responsible for monitoring, alerting, 5
and advising transportation authorities of cyber inci-6
dents. 7
(2) REQUIREMENTS.—The office designated 8
under paragraph (1) shall— 9
(A) provide to transportation authorities a 10
secure method of notifying a single Federal enti-11
ty of cyber incidents; 12
(B) monitor cyber incidents that affect 13
transportation authorities; 14
(C) alert transportation authorities to cyber 15
incidents that affect those transportation au-16
thorities; 17
(D) investigate unaddressed cyber incidents 18
that affect transportation authorities; and 19
(E) provide to transportation authorities 20
educational resources, outreach, and awareness 21
on fundamental principles and best practices in 22
cybersecurity for transportation systems. 23
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SEC. 1512. STUDY ON MOST EFFECTIVE UPGRADES TO 1
ROADWAY INFRASTRUCTURE. 2
(a) IN GENERAL.—Not later than 1 year after the date 3
of enactment of this Act, the Secretary shall offer to enter 4
into an agreement with the Transportation Research Board 5
of the National Academies of Sciences, Engineering, and 6
Medicine to conduct a study— 7
(1) to identify specific immediate and specific 8
long-term types of improvements to roadway infra-9
structure that would benefit the largest segment of 10
road users, autonomous vehicles, and automated driv-11
ing systems; and 12
(2) to examine how best to achieve uniformity in 13
roadway infrastructure to facilitate the safe deploy-14
ment of autonomous vehicles and automated driving 15
systems. 16
(b) RECOMMENDATIONS.—The study conducted under 17
subsection (a) shall include recommendations to Congress 18
relating to the matters studied under paragraphs (1) and 19
(2) of that subsection. 20
(c) PUBLIC COMMENT.—Before entering into an agree-21
ment under subsection (a), the Secretary shall provide an 22
opportunity for public comment on the study proposal. 23
(d) REPORT.—If the Transportation Research Board 24
enters into the agreement under subsection (a), to the max-25
imum extent practicable, not later than 2 years after the 26
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date of enactment of this Act, the Secretary shall submit 1
to Congress the study conducted under that subsection. 2
SEC. 1513. STUDY ON VEHICLE-TO-INFRASTRUCTURE COM-3
MUNICATION TECHNOLOGY. 4
(a) IN GENERAL.—Not later than 1 year after the date 5
of enactment of this Act, the Secretary shall offer to enter 6
into an agreement with the Transportation Research Board 7
of the National Academy of Sciences, Engineering, and 8
Medicine to conduct a study to identify immediate and 9
long-term safety benefits of— 10
(1) vehicle-to-infrastructure connectivity tech-11
nologies; and 12
(2) technologies that would allow motor vehicles 13
and roadway infrastructure to communicate using 14
dedicated short-range communications and related 15
safety applications. 16
(b) CONTENTS.—The study conducted under subsection 17
(a) shall include— 18
(1) recommendations to Congress on specific im-19
provements to roadway infrastructure that would be 20
needed to facilitate the implementation of— 21
(A) technologies that would allow motor ve-22
hicles and roadway infrastructure to commu-23
nicate using dedicated short-range communica-24
tions; and 25
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(B) other vehicle-to-infrastructure 1
connectivity technologies; and 2
(2) an evaluation of the safety, mobility, and en-3
vironmental impacts resulting from a delay of the 4
adoption of proven dedicated short-range communica-5
tion technologies for vehicle-to-infrastructure commu-6
nication. 7
(c) PUBLIC COMMENT.—Before entering into an agree-8
ment under subsection (a), the Secretary shall provide an 9
opportunity for public comment on the study proposal. 10
(d) REPORT.—If the Transportation Research Board 11
enters into the agreement under subsection (a), to the max-12
imum extent practicable, not later than 2 years after the 13
date of enactment of this Act, the Secretary shall submit 14
to Congress the study conducted under this section. 15
SEC. 1514. NONHIGHWAY RECREATIONAL FUEL STUDY. 16
(a) DEFINITIONS.—In this section: 17
(1) HIGHWAY TRUST FUND.—The term ‘‘High-18
way Trust Fund’’ means the Highway Trust Fund es-19
tablished by section 9503(a) of the Internal Revenue 20
Code of 1986. 21
(2) NONHIGHWAY RECREATIONAL FUEL TAXES.— 22
The term ‘‘nonhighway recreational fuel taxes’’ means 23
taxes under section 4041 and 4081 of the Internal 24
Revenue Code of 1986 with respect to fuel used in ve-25
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hicles on recreational trails or back country terrain 1
(including vehicles registered for highway use when 2
used on recreational trails, trail access roads not eli-3
gible for funding under title 23, United States Code, 4
or back country terrain). 5
(3) RECREATIONAL TRAILS PROGRAM.—The term 6
‘‘recreational trails program’’ means the recreational 7
trails program under section 206 of title 23, United 8
States Code. 9
(b) ASSESSMENT; REPORT.— 10
(1) ASSESSMENT.—Not later than 1 year after 11
the date of enactment of this Act and not less fre-12
quently than once every 5 years thereafter, as deter-13
mined by the Secretary, the Secretary shall carry out 14
an assessment of the best available estimate of the 15
total amount of nonhighway recreational fuel taxes 16
received by the Secretary of the Treasury and trans-17
ferred to the Highway Trust Fund for the period cov-18
ered by the assessment. 19
(2) REPORT.—After carrying out each assess-20
ment under paragraph (1), the Secretary shall submit 21
to the Committees on Finance and Environment and 22
Public Works of the Senate and the Committees on 23
Ways and Means and Transportation and Infrastruc-24
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ture of the House of Representatives a report that in-1
cludes— 2
(A) to assist Congress in determining an 3
appropriate funding level for the recreational 4
trails program— 5
(i) a description of the results of the 6
assessment; and 7
(ii) an evaluation of whether the cur-8
rent recreational trails program funding 9
level reflects the amount of nonhighway rec-10
reational fuel taxes collected and transferred 11
to the Highway Trust Fund; and 12
(B) in the case of the first report submitted 13
under this paragraph, an estimate of the fre-14
quency with which the Secretary anticipates car-15
rying out the assessment under paragraph (1), 16
subject to the condition that such an assessment 17
shall be carried out not less frequently than once 18
every 5 years. 19
(c) CONSULTATION.—In carrying out an assessment 20
under subsection (b)(1), the Secretary may consult with, as 21
the Secretary determines to be appropriate— 22
(1) the heads of— 23
(A) State agencies designated by Governors 24
pursuant to section 206(c)(1) of title 23, United 25
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States Code, to administer the recreational trails 1
program; and 2
(B) division offices of the Department; 3
(2) the Secretary of the Treasury; 4
(3) the Administrator of the Federal Highway 5
Administration; and 6
(4) groups representing recreational activities 7
and interests, including hiking, biking and mountain 8
biking, horseback riding, water trails, snowshoeing, 9
cross-country skiing, snowmobiling, off-highway 10
motorcycling, all-terrain vehicles and other offroad 11
motorized vehicle activities, and recreational trail ad-12
vocates. 13
SEC. 1515. BUY AMERICA. 14
Section 313 of title 23, United States Code, is amend-15
ed— 16
(1) by redesignating subsection (g) as subsection 17
(h); and 18
(2) by inserting after subsection (f) the following: 19
‘‘(g) WAIVERS.— 20
‘‘(1) IN GENERAL.—Not less than 15 days before 21
issuing a waiver under this section, the Secretary 22
shall provide to the public— 23
‘‘(A) notice of the proposed waiver; 24
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‘‘(B) an opportunity for comment on the 1
proposed waiver; and 2
‘‘(C) the reasons for the proposed waiver. 3
‘‘(2) REPORT.—Not less frequently than annu-4
ally, the Secretary shall submit to the Committee on 5
Environment and Public Works of the Senate and the 6
Committee on Transportation and Infrastructure of 7
the House of Representatives a report on the waivers 8
provided under this section.’’. 9
SEC. 1516. REPORT ON DATA-DRIVEN INFRASTRUCTURE 10
TRAFFIC SAFETY IMPROVEMENTS. 11
The Administrator of the Federal Highway Adminis-12
tration shall— 13
(1) conduct a study to identify data-driven in-14
frastructure traffic safety improvements for priority 15
focus areas identified by the Administrator, including 16
improvements that would benefit older drivers, teen-17
age drivers, commercial drivers, and other vulnerable 18
drivers; 19
(2) on completion of the study under paragraph 20
(1), submit to the Committee on Environment and 21
Public Works of the Senate and the Committee on 22
Transportation and Infrastructure of the House of 23
Representatives a report that— 24
(A) describes the results of the study; and 25
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(B) includes recommendations for data- 1
driven infrastructure traffic safety improvements 2
that could be implemented; and 3
(3) based on the results of the study, promote the 4
use of the data-driven infrastructure traffic safety im-5
provements recommended under paragraph (2)(B). 6
SEC. 1517. HIGH PRIORITY CORRIDORS ON THE NATIONAL 7
HIGHWAY SYSTEM. 8
(a) HIGH PRIORITY CORRIDORS.—Section 1105(c) of 9
the Intermodal Surface Transportation Efficiency Act of 10
1991 (Public Law 102–240; 105 Stat. 2032; 131 Stat. 797) 11
is amended by adding at the end the following: 12
‘‘(91) United States Route 421 from the inter-13
change with Interstate Route 85 in Greensboro, North 14
Carolina, to the interchange with Interstate Route 95 15
in Dunn, North Carolina. 16
‘‘(92) The Wendell H. Ford (Western Kentucky) 17
Parkway from the interchange with the William H. 18
Natcher Parkway in Ohio County, Kentucky, west to 19
the interchange of the Western Kentucky Parkway 20
with the Edward T. Breathitt (Pennyrile) Parkway. 21
‘‘(93) The South Mississippi Corridor from the 22
Louisiana and Mississippi border near Natchez, Mis-23
sissippi, to Gulfport, Mississippi, shall generally fol-24
low— 25
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‘‘(A) United States Route 84 from the Lou-1
isiana border at the Mississippi River passing in 2
the vicinity of Natchez, Brookhaven, Monticello, 3
Prentiss, and Collins, Mississippi, to the logical 4
terminus with Interstate Route 59 in the vicin-5
ity of Laurel, Mississippi, and continuing on 6
Interstate Route 59 south to the vicinity of Hat-7
tiesburg, Mississippi; and 8
‘‘(B) United States Route 49 from the vicin-9
ity of Hattiesburg, Mississippi, south to Inter-10
state Route 10 in the vicinity of Gulfport, Mis-11
sissippi, following Mississippi Route 601 south 12
and terminating near the Mississippi State Port 13
at Gulfport. 14
‘‘(94) The Kosciusko to Gulf Coast corridor com-15
mencing at the logical terminus of Interstate Route 16
55 near Vaiden, Mississippi, running south and pass-17
ing east of the vicinity of the Jackson Urbanized 18
Area, connecting to United States Route 49 north of 19
Hattiesburg, Mississippi, and generally following 20
United States Route 49 to a logical connection with 21
Interstate Route 10 in the vicinity of Gulfport, Mis-22
sissippi. 23
‘‘(95) The Interstate Route 22 spur from the vi-24
cinity of Tupelo, Mississippi, running south generally 25
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along United States Route 45 to the vicinity of Shan-1
non, Mississippi.’’. 2
(b) DESIGNATION AS FUTURE INTERSTATES.—Section 3
1105(e)(5)(A) of the Intermodal Surface Transportation Ef-4
ficiency Act of 1991 (Public Law 102–240; 109 Stat. 597; 5
131 Stat. 797) is amended in the first sentence by striking 6
‘‘and subsection (c)(90)’’ and inserting ‘‘subsection (c)(90), 7
subsection (c)(91), subsection (c)(92), subsection (c)(93)(A), 8
subsection (c)(94), and subsection (c)(95)’’. 9
(c) NUMBERING OF PARKWAY.—Section 10
1105(e)(5)(C)(i) of the Intermodal Surface Transportation 11
Efficiency Act of 1991 (Public Law 102–240; 109 Stat. 598; 12
126 Stat. 426; 131 Stat. 797) is amended by adding at the 13
end the following: ‘‘The route referred to in subsection 14
(c)(92) is designated as Interstate Route I–569.’’. 15
(d) GAO REPORT ON DESIGNATION OF SEGMENTS AS 16
PART OF INTERSTATE SYSTEM.— 17
(1) DEFINITION OF APPLICABLE SEGMENT.—In 18
this subsection, the term ‘‘applicable segment’’ means 19
a route described in paragraph (91) or (92) of section 20
1105(c) of the Intermodal Surface Transportation Ef-21
ficiency Act of 1991 (Public Law 102–240; 105 Stat. 22
2032). 23
(2) REPORT.— 24
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(A) IN GENERAL.—Not later than 2 years 1
after the date on which the applicable segments 2
are open for operations as part of the Interstate 3
System, the Comptroller General of the United 4
States shall submit to Congress a report on the 5
impact, if any, during that 2-year period of al-6
lowing the continuation of weight limits that ap-7
plied before the designation of the applicable seg-8
ment as a route on the Interstate System. 9
(B) REQUIREMENTS.—The report under 10
subparagraph (A) shall— 11
(i) be informed by the views and docu-12
mentation provided by the State highway 13
agency (or equivalent agency) in each State 14
in which an applicable segment is located; 15
(ii) describe any impacts on safety and 16
infrastructure on the applicable segments; 17
(iii) describe any view of the State 18
highway agency (or equivalent agency) in 19
each State in which an applicable segment 20
is located on the impact of the applicable 21
segment; and 22
(iv) focus only on the applicable seg-23
ments. 24
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SEC. 1518. INTERSTATE WEIGHT LIMITS. 1
Section 127 of title 23, United States Code, is amend-2
ed— 3
(1) in subsection (l)(3)(A)— 4
(A) in the matter preceding clause (i), in 5
the first sentence, by striking ‘‘clause (i) or (ii)’’ 6
and inserting ‘‘clauses (i) through (iv)’’; and 7
(B) by adding at the end the following: 8
‘‘(iii) The Wendell H. Ford (Western 9
Kentucky) Parkway (to be designated as a 10
spur of Interstate Route 69) from the inter-11
change with the William H. Natcher Park-12
way in Ohio County, Kentucky, west to the 13
interchange of the Western Kentucky Park-14
way with the Edward T. Breathitt 15
(Pennyrile) Parkway. 16
‘‘(iv) The Edward T. Breathitt Park-17
way (to be designated as a spur of Inter-18
state Route 69) from Interstate 24 to Inter-19
state 69.’’; and 20
(2) by adding at the end the following: 21
‘‘(v) OPERATION OF VEHICLES ON CERTAIN NORTH 22
CAROLINA HIGHWAYS.—If any segment in the State of 23
North Carolina of United States Route 17, United States 24
Route 29, United States Route 52, United States Route 64, 25
United States Route 70, United States Route 74, United 26
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States Route 117, United States Route 220, United States 1
Route 264, or United States Route 421 is designated as a 2
route on the Interstate System, a vehicle that could operate 3
legally on that segment before the date of such designation 4
may continue to operate on that segment, without regard 5
to any requirement under subsection (a).’’. 6
SEC. 1519. INTERSTATE EXEMPTION. 7
Notwithstanding section 111 of title 23, United States 8
Code, if the segment of highway described in paragraph (92) 9
of section 1105(c) of the Intermodal Surface Transportation 10
Efficiency Act of 1991 (Public Law 102–240; 105 Stat. 11
2032) is designated as a route on the Interstate System, 12
any commercial establishment operating legally in a rest 13
area on that segment before the date of that designation 14
may continue to operate in the Interstate right-of-way, sub-15
ject to the Interstate access standards established under sec-16
tion 111 of that title. 17
SEC. 1520. REPORT ON AIR QUALITY IMPROVEMENTS. 18
(a) IN GENERAL.—Not later than 3 years after the 19
date of enactment of this Act, the Comptroller General of 20
the United States shall submit a report that evaluates the 21
congestion mitigation and air quality improvement pro-22
gram under section 149 of title 23, United States Code (re-23
ferred to in this section as the ‘‘program’’), to— 24
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(1) the Committee on Environment and Public 1
Works of the Senate; and 2
(2) the Committee on Transportation and Infra-3
structure of the House of Representatives. 4
(b) CONTENTS.—The evaluation under subsection (a) 5
shall include an evaluation of— 6
(1) the reductions of ozone, carbon monoxide, 7
and particulate matter that result from projects under 8
the program; 9
(2) the cost-effectiveness of the reductions de-10
scribed in paragraph (1); 11
(3) the result of investments of funding under the 12
program in minority and low-income communities 13
that are disproportionately affected by ozone, carbon 14
monoxide, and particulate matter; 15
(4) the effectiveness, with respect to the attain-16
ment or maintenance of national ambient air quality 17
standards under section 109 of the Clean Air Act (42 18
U.S.C. 7409) for ozone, carbon monoxide, and partic-19
ulate matter, of performance measures established 20
under section 150(c)(5) of title 23, United States 21
Code, and performance targets established under sub-22
section (d) of that section for traffic congestion and 23
on-road mobile source emissions; 24
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(5) the extent to which there are any types of 1
projects that are not eligible funding under the pro-2
gram that would be likely to contribute to the attain-3
ment or maintenance of the national ambient air 4
quality standards described in paragraph (4); and 5
(6) the extent to which projects under the pro-6
gram reduce sulfur dioxide, nitrogen dioxide, and 7
lead. 8
SEC. 1521. ROADSIDE HIGHWAY SAFETY HARDWARE. 9
(a) IN GENERAL.—Not later than 2 years after the 10
date of enactment of this Act, the Secretary shall implement 11
the following recommendations from the report of the Gov-12
ernment Accountability Office entitled ‘‘Highway Safety: 13
More Robust DOT Oversight of Guardrails and Other Road-14
side Hardware Could Further Enhance Safety’’ published 15
in June 2016 and numbered GAO–16–575: 16
(1) Develop a process for third party verification 17
of full-scale crash testing results from crash test labs 18
to include a process for— 19
(A) formally verifying the testing outcomes; 20
and 21
(B) providing for an independent pass/fail 22
determination. 23
(2) Establish a process to enhance the independ-24
ence of crash test labs by ensuring that those labs have 25
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a clear separation between device development and 1
testing in cases in which lab employees test devices 2
that were developed within the parent organization of 3
the employee. 4
(b) CONTINUED ISSUANCE OF ELIGIBILITY LET-5
TERS.—Until the implementation of the recommendations 6
described in subsection (a) is complete, the Secretary shall 7
ensure that the Administrator of the Federal Highway Ad-8
ministration continues to issue Federal-aid reimbursement 9
eligibility letters as a service to States. 10
SEC. 1522. PERMEABLE PAVEMENTS STUDY. 11
(a) IN GENERAL.—Not later than 1 year after the date 12
of enactment of this Act, the Secretary shall carry out a 13
study— 14
(1) to gather existing information on the effects 15
of permeable pavements on flood control in different 16
contexts, including in urban areas, and over the life-17
time of the permeable pavement; 18
(2) to perform research to fill gaps in the exist-19
ing information gathered under paragraph (1); and 20
(3) to develop— 21
(A) models for the performance of permeable 22
pavements in flood control; and 23
(B) best practices for designing permeable 24
pavement to meet flood control requirements. 25
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(b) DATA SURVEY.—In carrying out the study under 1
subsection (a), the Secretary shall develop— 2
(1) a summary, based on available literature 3
and models, of localized flood control capabilities of 4
permeable pavement that considers long-term per-5
formance and cost information; and 6
(2) best practices for the design of localized flood 7
control using permeable pavement that considers long- 8
term performance and cost information. 9
(c) PUBLICATION.—The Secretary shall make a report 10
describing the results of the study under subsection (a) 11
available to States and units of local government. 12
SEC. 1523. EMERGENCY RELIEF PROJECTS. 13
(a) DEFINITION OF EMERGENCY RELIEF PROJECT.— 14
In this section, the term ‘‘emergency relief project’’ means 15
a project carried out under the emergency relief program 16
under section 125 of title 23, United States Code. 17
(b) IMPROVING THE EMERGENCY RELIEF PROGRAM.— 18
Not later than 90 days after the date of enactment of this 19
Act, the Secretary shall— 20
(1) revise the emergency relief manual of the 21
Federal Highway Administration— 22
(A) to include and reflect the definition of 23
the term ‘‘resilience’’ (as defined in section 24
101(a) of title 23, United States Code); 25
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(B) to identify procedures that States may 1
use to incorporate resilience into emergency relief 2
projects; and 3
(C) to encourage the use of Complete Streets 4
design principles and consideration of access for 5
moderate- and low-income families impacted by 6
a declared disaster; 7
(2) develop best practices for improving the use 8
of resilience in— 9
(A) the emergency relief program under sec-10
tion 125 of title 23, United States Code; and 11
(B) emergency relief efforts; 12
(3) provide to division offices of the Federal 13
Highway Administration and State departments of 14
transportation information on the best practices de-15
veloped under paragraph (2); and 16
(4) develop and implement a process to track— 17
(A) the consideration of resilience as part of 18
the emergency relief program under section 125 19
of title 23, United States Code; and 20
(B) the costs of emergency relief projects. 21
SEC. 1524. CERTAIN GATHERING LINES LOCATED ON FED-22
ERAL LAND AND INDIAN LAND. 23
(a) DEFINITIONS.—In this section: 24
(1) FEDERAL LAND.— 25
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(A) IN GENERAL.—The term ‘‘Federal land’’ 1
means land the title to which is held by the 2
United States. 3
(B) EXCLUSIONS.—The term ‘‘Federal 4
land’’ does not include— 5
(i) a unit of the National Park Sys-6
tem; 7
(ii) a unit of the National Wildlife 8
Refuge System; 9
(iii) a component of the National Wil-10
derness Preservation System; 11
(iv) a wilderness study area within the 12
National Forest System; or 13
(v) Indian land. 14
(2) GATHERING LINE AND ASSOCIATED FIELD 15
COMPRESSION OR PUMPING UNIT.— 16
(A) IN GENERAL.—The term ‘‘gathering line 17
and associated field compression or pumping 18
unit’’ means— 19
(i) a pipeline that is installed to trans-20
port oil, natural gas and related constitu-21
ents, or produced water from 1 or more 22
wells drilled and completed to produce oil or 23
gas; and 24
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(ii) if necessary, 1 or more compressors 1
or pumps to raise the pressure of the trans-2
ported oil, natural gas and related constitu-3
ents, or produced water to higher pressures 4
necessary to enable the oil, natural gas and 5
related constituents, or produced water to 6
flow into pipelines and other facilities. 7
(B) INCLUSIONS.—The term ‘‘gathering line 8
and associated field compression or pumping 9
unit’’ includes a pipeline or associated compres-10
sion or pumping unit that is installed to trans-11
port oil or natural gas from a processing plant 12
to a common carrier pipeline or facility. 13
(C) EXCLUSIONS.—The term ‘‘gathering 14
line and associated field compression or pump-15
ing unit’’ does not include a common carrier 16
pipeline. 17
(3) INDIAN LAND.—The term ‘‘Indian land’’ 18
means land the title to which is held by— 19
(A) the United States in trust for an In-20
dian Tribe or an individual Indian; or 21
(B) an Indian Tribe or an individual In-22
dian subject to a restriction by the United States 23
against alienation. 24
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(4) PRODUCED WATER.—The term ‘‘produced 1
water’’ means water produced from an oil or gas well 2
bore that is not a fluid prepared at, or transported 3
to, the well site to resolve a specific oil or gas well 4
bore or reservoir condition. 5
(5) SECRETARY.—The term ‘‘Secretary’’ means 6
the Secretary of the Interior. 7
(b) CERTAIN GATHERING LINES.— 8
(1) IN GENERAL.—Subject to paragraph (2), the 9
issuance of a sundry notice or right-of-way for a 10
gathering line and associated field compression or 11
pumping unit that is located on Federal land or In-12
dian land and that services any oil or gas well may 13
be considered by the Secretary to be an action that is 14
categorically excluded (as defined in section 1508.4 of 15
title 40, Code of Federal Regulations (as in effect on 16
the date of enactment of this Act)) for purposes of the 17
National Environmental Policy Act of 1969 (42 18
U.S.C. 4321 et seq.) if the gathering line and associ-19
ated field compression or pumping unit— 20
(A) are within a field or unit for which an 21
approved land use plan or an environmental 22
document prepared pursuant to the National 23
Environmental Policy Act of 1969 (42 U.S.C. 24
4321 et seq.) analyzed transportation of oil, nat-25
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ural gas, or produced water from 1 or more oil 1
or gas wells in the field or unit as a reasonably 2
foreseeable activity; 3
(B) are located adjacent to or within— 4
(i) any existing disturbed area; or 5
(ii) an existing corridor for a right-of- 6
way; and 7
(C) would reduce— 8
(i) in the case of a gathering line and 9
associated field compression or pumping 10
unit transporting methane, the total quan-11
tity of methane that would otherwise be 12
vented, flared, or unintentionally emitted 13
from the field or unit; or 14
(ii) in the case of a gathering line and 15
associated field compression or pumping 16
unit not transporting methane, the vehic-17
ular traffic that would otherwise service the 18
field or unit. 19
(2) APPLICABILITY.—Paragraph (1) shall apply 20
to Indian land, or a portion of Indian land— 21
(A) to which the National Environmental 22
Policy Act of 1969 (42 U.S.C. 4321 et seq.) ap-23
plies; and 24
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(B) for which the Indian Tribe with juris-1
diction over the Indian land submits to the Sec-2
retary a written request that paragraph (1) 3
apply to that Indian land (or portion of Indian 4
land). 5
(c) EFFECT ON OTHER LAW.—Nothing in this sec-6
tion— 7
(1) affects or alters any requirement— 8
(A) relating to prior consent under— 9
(i) section 2 of the Act of February 5, 10
1948 (62 Stat. 18, chapter 45; 25 U.S.C. 11
324); or 12
(ii) section 16(e) of the Act of June 18, 13
1934 (48 Stat. 987, chapter 576; 102 Stat. 14
2939; 114 Stat. 47; 25 U.S.C. 5123(e)) 15
(commonly known as the ‘‘Indian Reorga-16
nization Act’’); 17
(B) under section 306108 of title 54, United 18
States Code; or 19
(C) under any other Federal law (including 20
regulations) relating to Tribal consent for rights- 21
of-way across Indian land; or 22
(2) makes the National Environmental Policy 23
Act of 1969 (42 U.S.C. 4321 et seq.) applicable to 24
land to which that Act otherwise would not apply. 25
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SEC. 1525. SENSE OF SENATE RELATING TO OFFSETS. 1
It is the sense of the Senate that— 2
(1) the Highway Trust Fund shall achieve long- 3
term solvency through user fees; and 4
(2) any spending beyond current Highway Trust 5
Fund revenues and balances during the reauthoriza-6
tion period under this Act shall be fully offset. 7
SEC. 1526. STUDY ON STORMWATER BEST MANAGEMENT 8
PRACTICES. 9
(a) STUDY.—Not later than 180 days after the date 10
of enactment of this Act, the Secretary and the Adminis-11
trator of the Environment Protection Agency shall offer to 12
enter into an agreement with the Transportation Research 13
Board of the National Academy of Sciences to conduct a 14
study— 15
(1) to estimate pollutant loads from stormwater 16
runoff from highways and pedestrian facilities eligible 17
for assistance under title 23, United States Code, to 18
inform the development of appropriate total max-19
imum daily load (as defined in section 130.2 of title 20
40, Code of Federal Regulations (or successor regula-21
tions)) requirements; 22
(2) to provide recommendations regarding the 23
evaluation and selection by State departments of 24
transportation of potential stormwater management 25
and total maximum daily load compliance strategies 26
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within a watershed, including environmental restora-1
tion and pollution abatement carried out under sec-2
tion 328 of title 23, United States Code (including 3
any revisions to law (including regulations) that the 4
Transportation Research Board determines to be ap-5
propriate); and 6
(3) to examine the potential for the Secretary to 7
assist State departments of transportation in car-8
rying out and communicating stormwater manage-9
ment practices for highways and pedestrian facilities 10
that are eligible for assistance under title 23, United 11
States Code, through information-sharing agreements, 12
database assistance, or an administrative platform to 13
provide the information described in paragraphs (1) 14
and (2) to entities issued permits under the Federal 15
Water Pollution Control Act (33 U.S.C. 1251 et seq.). 16
(b) REQUIREMENTS.—If the Transportation Research 17
Board enters into an agreement under subsection (a), in 18
conducting the study under that subsection, the Transpor-19
tation Research Board shall— 20
(1) review and supplement, as appropriate, the 21
methodologies examined and recommended in the re-22
port of the National Academies of Sciences, Engineer-23
ing, and Medicine entitled ‘‘Approaches for Deter-24
mining and Complying with TMDL Requirements 25
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Related to Roadway Stormwater Runoff’’ and dated 1
2019; 2
(2) consult with— 3
(A) the Secretary; 4
(B) the Administrator of the Environmental 5
Protection Agency; 6
(C) the Secretary of the Army, acting 7
through the Chief of Engineers; and 8
(D) State departments of transportation; 9
and 10
(3) solicit input from— 11
(A) stakeholders with experience in imple-12
menting stormwater management practices for 13
projects; and 14
(B) educational and technical stormwater 15
management groups. 16
(c) REPORT.—If the Transportation Research Board 17
enters into an agreement under subsection (a), not later 18
than 18 months after the date of enactment of this Act, the 19
Transportation Research Board shall submit to the Sec-20
retary, the Committee on Environment and Public Works 21
of the Senate, and the Committee on Transportation and 22
Infrastructure of the House of Representatives a report de-23
scribing the results of the study. 24
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SEC. 1527. STORMWATER BEST MANAGEMENT PRACTICES 1
REPORTS. 2
(a) DEFINITIONS.—In this section: 3
(1) ADMINISTRATOR.—The term ‘‘Adminis-4
trator’’ means the Administrator of the Federal High-5
way Administration. 6
(2) BEST MANAGEMENT PRACTICES REPORT.— 7
The term ‘‘best management practices report’’ 8
means— 9
(A) the 2014 report sponsored by the Ad-10
ministrator entitled ‘‘Determining the State of 11
the Practice in Data Collection and Performance 12
Measurement of Stormwater Best Management 13
Practices’’; and 14
(B) the 1997 report sponsored by the Ad-15
ministrator entitled ‘‘Stormwater Best Manage-16
ment Practices in an Ultra-Urban Setting: Se-17
lection and Monitoring’’. 18
(b) REISSUANCE.—Not later than 1 year after the date 19
of enactment of this Act, the Administrator shall update 20
and reissue each best management practices report to reflect 21
new information and advancements in stormwater manage-22
ment. 23
(c) UPDATES.—Not less frequently than once every 5 24
years after the date on which the Administrator reissues 25
a best management practices report described in subsection 26
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(b), the Administrator shall update and reissue the best 1
management practices report until the earlier of the date 2
on which— 3
(1) the best management practices report is with-4
drawn; or 5
(2) the contents of the best management practices 6
report are incorporated (including by reference) into 7
applicable regulations of the Administrator. 8
SEC. 1528. INVASIVE PLANT ELIMINATION PROGRAM. 9
(a) DEFINITIONS.—In this section: 10
(1) INVASIVE PLANT.—The term ‘‘invasive plant’’ 11
means a nonnative plant, tree, grass, or weed species, 12
including, at a minimum, cheatgrass, Ventenata 13
dubia, medusahead, bulbous bluegrass, Japanese 14
brome, rattail fescue, Japanese honeysuckle, 15
phragmites, autumn olive, Bradford pear, wild pars-16
nip, sericea lespedeza, spotted knapweed, garlic mus-17
tard, and palmer amaranth. 18
(2) PROGRAM.—The term ‘‘program’’ means the 19
grant program established under subsection (b). 20
(3) TRANSPORTATION CORRIDOR.—The term 21
‘‘transportation corridor’’ means a road, highway, 22
railroad, or other surface transportation route. 23
(b) ESTABLISHMENT.—The Secretary shall carry out 24
a program to provide grants to States to eliminate or con-25
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trol existing invasive plants or prevent introduction of or 1
encroachment by new invasive plants along and in areas 2
adjacent to transportation corridor rights-of-way. 3
(c) APPLICATION.—To be eligible to receive a grant 4
under the program, a State shall submit to the Secretary 5
an application at such time, in such manner, and con-6
taining such information as the Secretary may require. 7
(d) ELIGIBLE ACTIVITIES.— 8
(1) IN GENERAL.—Subject to this subsection, a 9
State that receives a grant under the program may 10
use the grant funds to carry out activities to elimi-11
nate or control existing invasive plants or prevent in-12
troduction of or encroachment by new invasive plants 13
along and in areas adjacent to transportation cor-14
ridor rights-of-way. 15
(2) PRIORITIZATION OF PROJECTS.—In carrying 16
out the program, the Secretary shall give priority to 17
projects that utilize revegetation with native plants 18
and wildflowers, including those that are pollinator- 19
friendly. 20
(3) PROHIBITION ON CERTAIN USES OF 21
FUNDS.—Amounts provided to a State under the pro-22
gram may not be used for costs relating to mowing 23
a transportation corridor right-of-way or the adjacent 24
area unless— 25
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(A) mowing is identified as the best means 1
of treatment according to best management prac-2
tices; or 3
(B) mowing is used in conjunction with an-4
other treatment. 5
(4) LIMITATION.—Not more than 10 percent of 6
the amounts provided to a State under the program 7
may be used for the purchase of equipment. 8
(5) ADMINISTRATIVE AND INDIRECT COSTS.—Not 9
more than 5 percent of the amounts provided to a 10
State under the program may be used for the admin-11
istrative and other indirect costs (such as full time 12
employee salaries, rent, insurance, subscriptions, util-13
ities, and office supplies) of carrying out eligible ac-14
tivities. 15
(e) REQUIREMENTS.— 16
(1) COORDINATION.—In carrying out eligible ac-17
tivities with a grant under the program, a State shall 18
coordinate with— 19
(A) units of local government, political sub-20
divisions of the State, and Tribal authorities 21
that are carrying out eligible activities in the 22
areas to be treated; 23
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(B) local regulatory authorities, in the case 1
of a treatment along or adjacent to a railroad 2
right-of-way; and 3
(C) with respect to the most effective road-4
side control methods, State and Federal land 5
management agencies and any relevant Tribal 6
authorities. 7
(2) ANNUAL REPORT.—Not later than 1 year 8
after the date on which a State receives a grant under 9
the program, and annually thereafter, that State shall 10
provide to the Secretary an annual report on the 11
treatments carried out using funds from the grant. 12
(f) FEDERAL SHARE.— 13
(1) IN GENERAL.—The Federal share of the cost 14
of an eligible activity carried out using funds from a 15
grant under the program shall be— 16
(A) in the case of a project that utilizes re-17
vegetation with native plants and wildflowers, 18
including those that are pollinator-friendly, 75 19
percent; and 20
(B) in the case of any other project not de-21
scribed in subparagraph (A), 50 percent. 22
(2) CERTAIN FUNDS COUNTED TOWARD NON-FED-23
ERAL SHARE.—A State may include amounts ex-24
pended by the State or a unit of local government in 25
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the State to address current invasive plant popu-1
lations and prevent future infestation along or in 2
areas adjacent to transportation corridor rights-of- 3
way in calculating the non-Federal share required 4
under the program. 5
(g) FUNDING.—There is authorized to be appropriated 6
to carry out the program $50,000,000 for each of fiscal 7
years 2021 through 2025. 8
SEC. 1529. OVER-THE-ROAD BUS TOLLING EQUITY. 9
Section 129(a) of title 23, United States Code, is 10
amended— 11
(1) in paragraph (3)(B)(i), by inserting ‘‘, to-12
gether with the results of the audit under paragraph 13
(9)(C),’’ after ‘‘the audits’’; and 14
(2) in paragraph (9)— 15
(A) by striking ‘‘An over-the-road’’ and in-16
serting the following: 17
‘‘(A) IN GENERAL.—An over-the-road’’; 18
(B) in subparagraph (A) (as so designated), 19
by striking ‘‘public transportation buses’’ and 20
inserting ‘‘public transportation vehicles’’; and 21
(C) by adding at the end the following: 22
‘‘(B) REPORTS.— 23
‘‘(i) IN GENERAL.—Not later than 90 24
days after the date of enactment of this sub-25
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paragraph, a public authority that operates 1
a toll facility shall report to the Secretary 2
any rates, terms, or conditions for access to 3
the toll facility by public transportation ve-4
hicles that differ from the rates, terms, or 5
conditions applicable to over-the-road buses. 6
‘‘(ii) UPDATES.—A public authority 7
that operates a toll facility shall report to 8
the Secretary any change to the rates, 9
terms, or conditions for access to the toll fa-10
cility by public transportation vehicles that 11
differ from the rates, terms, or conditions 12
applicable to over-the-road buses by not 13
later than 30 days after the date on which 14
the change takes effect. 15
‘‘(iii) PUBLICATION.—The Secretary 16
shall publish information reported to the 17
Secretary under clauses (i) and (ii) on a 18
publicly accessible internet website. 19
‘‘(C) ANNUAL AUDIT.— 20
‘‘(i) IN GENERAL.—A public authority 21
(as defined in section 101(a)) with jurisdic-22
tion over a toll facility shall— 23
‘‘(I) conduct or have an inde-24
pendent auditor conduct an annual 25
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audit of toll facility records to verify 1
compliance with this paragraph; and 2
‘‘(II) report the results of the 3
audit, together with the results of the 4
audit under paragraph (3)(B), to the 5
Secretary. 6
‘‘(ii) RECORDS.—After providing rea-7
sonable notice, a public authority described 8
in clause (i) shall make all records of the 9
public authority pertaining to the toll facil-10
ity available for audit by the Secretary. 11
‘‘(iii) NONCOMPLIANCE.—If the Sec-12
retary determines that a public authority 13
described in clause (i) has not complied 14
with this paragraph, the Secretary may re-15
quire the public authority to discontinue 16
collecting tolls until an agreement with the 17
Secretary is reached to achieve compli-18
ance.’’. 19
SEC. 1530. BRIDGE TERMINOLOGY. 20
(a) CONDITION OF NHS BRIDGES.—Section 119(f)(2) 21
of title 23, United States Code, is amended by striking 22
‘‘structurally deficient’’ each place it appears and inserting 23
‘‘in poor condition’’. 24
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(b) NATIONAL BRIDGE AND TUNNEL INVENTORIES.— 1
Section 144(b)(5) of title 23, United States Code, is amend-2
ed by striking ‘‘structurally deficient bridge’’ and inserting 3
‘‘bridge classified as in poor condition’’. 4
(c) TRIBAL TRANSPORTATION FACILITY BRIDGES.— 5
Section 202(d) of title 23, United States Code, is amend-6
ed— 7
(1) in paragraph (1), by striking ‘‘deficient 8
bridges eligible for the tribal transportation program’’ 9
and inserting ‘‘bridges eligible for the tribal transpor-10
tation program classified as in poor condition, hav-11
ing low load capacity, or needing geometric improve-12
ments’’; and 13
(2) in paragraph (3)(C), by striking ‘‘struc-14
turally deficient or functionally obsolete’’ and insert-15
ing ‘‘classified as in poor condition, having a low 16
load capacity, or needing geometric improvements’’. 17
SEC. 1531. TECHNICAL CORRECTIONS. 18
(a) Section 101(b)(1) of title 23, United States Code, 19
is amended by inserting ‘‘Highways’’ after ‘‘and Defense’’. 20
(b) Section 104(f)(3) of title 23, United States Code, 21
is amended— 22
(1) in the paragraph heading, by striking ‘‘FED-23
ERAL HIGHWAY ADMINISTRATION’’ and inserting ‘‘AN 24
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OPERATING ADMINISTRATION OF THE DEPARTMENT 1
OF TRANSPORTATION’’; and 2
(2) in subparagraph (A), by striking ‘‘the Fed-3
eral Highway Administration’’ and inserting ‘‘an op-4
erating administration of the Department of Trans-5
portation’’. 6
(c) Section 108(c)(3)(F) of title 23, United States 7
Code, is amended— 8
(1) by inserting ‘‘of 1969 (42 U.S.C. 4321 et 9
seq.)’’ after ‘‘Policy Act’’; and 10
(2) by striking ‘‘this Act’’ and inserting ‘‘this 11
title’’. 12
(d) Section 112(b)(2) of title 23, United States Code, 13
is amended by striking ‘‘(F) (F) Subparagraphs’’ and in-14
serting the following: 15
‘‘(F) EXCLUSION.—Subparagraphs’’. 16
(e) Section 115(c) of title 23, United States Code, is 17
amended by striking ‘‘section 135(f)’’ and inserting ‘‘section 18
135(g)’’. 19
(f) Section 130(g) of title 23, United States Code, is 20
amended— 21
(1) in the third sentence— 22
(A) by striking ‘‘and Transportation,’’ and 23
inserting ‘‘and Transportation’’; and 24
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(B) by striking ‘‘thereafter,,’’ and inserting 1
‘‘thereafter,’’; and 2
(2) in the fifth sentence, by striking ‘‘railroad 3
highway’’ and inserting ‘‘railway-highway’’. 4
(g) Section 135(g) of title 23, United States Code, is 5
amended— 6
(1) in paragraph (3), by striking ‘‘operators),,’’ 7
and inserting ‘‘operators),’’; and 8
(2) in paragraph (6)(B), by striking ‘‘5310, 9
5311, 5316, and 5317’’ and inserting ‘‘5310 and 10
5311’’. 11
(h) Section 139 of title 23, United States Code (as 12
amended by section 1301), is amended— 13
(1) in subsection (b)(1), by inserting ‘‘(42 U.S.C. 14
4321 et seq.)’’ after ‘‘of 1969’’; 15
(2) in subsection (c), by inserting ‘‘(42 U.S.C. 16
4321 et seq.)’’ after ‘‘of 1969’’ each place it appears; 17
and 18
(3) in subsection (k)(2), by inserting ‘‘(42 U.S.C. 19
4321 et seq.)’’ after ‘‘of 1969’’. 20
(i) Section 140(a) of title 23, United States Code, is 21
amended, in the third sentence, by inserting a comma after 22
‘‘Secretary’’. 23
(j) Section 142 of title 23, United States Code, is 24
amended by striking subsection (i). 25
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(k) Section 148(i)(2)(D) of title 23, United States 1
Code, is amended by striking ‘‘safety safety’’ and inserting 2
‘‘safety’’. 3
(l) Section 166(a)(1) of title 23, United States Code, 4
is amended by striking the paragraph designation and 5
heading and all that follows through ‘‘A public authority’’ 6
and inserting the following: 7
‘‘(1) AUTHORITY OF PUBLIC AUTHORITIES.—A 8
public authority’’. 9
(m) Section 201(c)(6)(A)(ii) of title 23, United States 10
Code, is amended by striking ‘‘(25 U.S.C. 450 et seq.)’’ and 11
inserting ‘‘(25 U.S.C. 5301 et seq.)’’. 12
(n) Section 202 of title 23, United States Code, is 13
amended— 14
(1) by striking ‘‘(25 U.S.C. 450 et seq.)’’ each 15
place it appears and inserting ‘‘(25 U.S.C. 5301 et 16
seq.)’’; 17
(2) in subsection (a)(10)(B), by striking ‘‘(25 18
U.S.C. 450e(b))’’ and inserting ‘‘(25 U.S.C. 19
5307(b))’’; and 20
(3) in subsection (b)(5), in the matter preceding 21
subparagraph (A), by inserting ‘‘the’’ after ‘‘agree-22
ment under’’. 23
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(o) Section 206(d)(2)(G) of title 23, United States 1
Code, is amended by striking ‘‘use of recreational trails’’ 2
and inserting ‘‘uses of recreational trails’’. 3
(p) Section 207 of title 23, United States Code, is 4
amended— 5
(1) in subsection (g)— 6
(A) by striking ‘‘(25 U.S.C. 450j–1)’’ and 7
inserting ‘‘(25 U.S.C. 5325)’’; and 8
(B) by striking ‘‘(25 U.S.C. 450j–1(f))’’ and 9
inserting ‘‘(25 U.S.C. 5325(f))’’; 10
(2) in subsection (l)— 11
(A) in paragraph (1), by striking ‘‘(25 12
U.S.C. 458aaa–5)’’ and inserting ‘‘(25 U.S.C. 13
5386)’’; 14
(B) in paragraph (2), by striking ‘‘(25 15
U.S.C. 458aaa–6)’’ and inserting ‘‘(25 U.S.C. 16
5387)’’; 17
(C) in paragraph (3), by striking ‘‘(25 18
U.S.C. 458aaa–7)’’ and inserting ‘‘(25 U.S.C. 19
5388)’’; 20
(D) in paragraph (4), by striking ‘‘(25 21
U.S.C. 458aaa–9)’’ and inserting ‘‘(25 U.S.C. 22
5390)’’; 23
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(E) in paragraph (5), by striking ‘‘(25 1
U.S.C. 458aaa–10)’’ and inserting ‘‘(25 U.S.C. 2
5391)’’; 3
(F) in paragraph (6), by striking ‘‘(25 4
U.S.C. 458aaa–11)’’ and inserting ‘‘(25 U.S.C. 5
5392)’’; 6
(G) in paragraph (7), by striking ‘‘(25 7
U.S.C. 458aaa–14)’’ and inserting ‘‘(25 U.S.C. 8
5395)’’; 9
(H) in paragraph (8), by striking ‘‘(25 10
U.S.C. 458aaa–15)’’ and inserting ‘‘(25 U.S.C. 11
5396)’’; and 12
(I) in paragraph (9), by striking ‘‘(25 13
U.S.C. 458aaa–17)’’ and inserting ‘‘(25 U.S.C. 14
5398)’’; and 15
(3) in subsection (m)(2)— 16
(A) by striking ‘‘505’’ and inserting ‘‘501’’; 17
and 18
(B) by striking ‘‘(25 U.S.C. 450b; 458aaa)’’ 19
and inserting ‘‘(25 U.S.C. 5304; 5381)’’. 20
(q) Section 217(d) of title 23, United States Code, is 21
amended by striking ‘‘104(b)(3)’’ and inserting 22
‘‘104(b)(4)’’. 23
(r) Section 323(d) of title 23, United States Code, is 24
amended in the matter preceding paragraph (1), in the sec-25
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ond sentence, by inserting ‘‘(42 U.S.C. 4321 et seq.)’’ after 1
‘‘of 1969’’. 2
(s) Section 325 of title 23, United States Code, is re-3
pealed. 4
(t) Section 504(g)(6) of title 23, United States Code, 5
is amended by striking ‘‘make grants or to’’ and inserting 6
‘‘make grants to’’. 7
(u) The analysis for chapter 3 of title 23, United States 8
Code, is amended by striking the item relating to section 9
325. 10
SEC. 1532. STUDY OF IMPACTS ON ROADS FROM SELF-DRIV-11
ING VEHICLES. 12
(a) IN GENERAL.—Not later than 60 days after the 13
date of enactment of this Act, the Administrator of the Fed-14
eral Highway Administration (referred to in this section 15
as the ‘‘Administrator’’) shall initiate a study on the exist-16
ing and future impacts of self-driving vehicles to transpor-17
tation infrastructure, mobility, the environment, and safe-18
ty, including impacts on— 19
(1) the Interstate System (as defined in section 20
101(a) of title 23, United States Code); 21
(2) urban roads; 22
(3) rural roads; 23
(4) corridors with heavy traffic congestion; 24
(5) transportation systems optimization; and 25
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(6) any other areas or issues relevant to oper-1
ations of the Federal Highway Administration that 2
the Administrator determines to be appropriate. 3
(b) CONTENTS OF STUDY.—The study under subsection 4
(a) shall include specific recommendations for both rural 5
and urban communities regarding the impacts of self-driv-6
ing vehicles on existing transportation system capacity. 7
(c) CONSIDERATIONS.—In carrying out the study 8
under subsection (a), the Administrator shall— 9
(1) consider the need for and recommend any 10
policy changes to be undertaken by the Federal High-11
way Administration on the impacts of self-driving ve-12
hicles as identified under paragraph (2); and 13
(2) for both rural and urban communities, in-14
clude a discussion of— 15
(A) the impacts that self-driving vehicles 16
will have on existing transportation infrastruc-17
ture, such as signage and markings, traffic 18
lights, and highway capacity and design; 19
(B) the impact on commercial and private 20
traffic flows; 21
(C) infrastructure improvement needs that 22
may be necessary for transportation infrastruc-23
ture to accommodate self-driving vehicles; 24
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(D) the impact of self-driving vehicles on 1
the environment, congestion, and vehicle miles 2
traveled; and 3
(E) the impact of self-driving vehicles on 4
mobility. 5
(d) COORDINATION.—In carrying out the study under 6
subsection (a), the Administrator shall consider and incor-7
porate relevant current and ongoing research of the Depart-8
ment. 9
(e) CONSULTATION.—In carrying out the study under 10
subsection (a), the Administrator shall convene and consult 11
with a panel of national experts in both rural and urban 12
transportation, including— 13
(1) operators and users of the Interstate System 14
(as defined in section 101(a) of title 23, United States 15
Code), including private sector stakeholders; 16
(2) States and State departments of transpor-17
tation; 18
(3) metropolitan planning organizations; 19
(4) the motor carrier industry; 20
(5) representatives of public transportation agen-21
cies or organizations; 22
(6) highway safety and academic groups; 23
(7) nonprofit entities with experience in trans-24
portation policy; 25
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(8) National Laboratories (as defined in section 1
2 of the Energy Policy Act of 2005 (42 U.S.C. 2
15801)); 3
(9) environmental stakeholders; and 4
(10) self-driving vehicle producers, manufactur-5
ers, and technology developers. 6
(f) REPORT.—Not later than 1 year after the date on 7
which the study under subsection (a) is initiated, the Ad-8
ministrator shall submit a report on the results of the study 9
to— 10
(1) the Committee on Environment and Public 11
Works of the Senate; and 12
(2) the Committee on Transportation and Infra-13
structure of the House of Representatives. 14
TITLE II—TRANSPORTATION IN-15
FRASTRUCTURE FINANCE 16
AND INNOVATION 17
SEC. 2001. TRANSPORTATION INFRASTRUCTURE FINANCE 18
AND INNOVATION ACT OF 1998 AMENDMENTS. 19
(a) DEFINITIONS.—Section 601(a) of title 23, United 20
States Code, is amended— 21
(1) by redesignating paragraphs (1) through (22) 22
as paragraphs (2) through (23), respectively; 23
(2) by inserting before paragraph (2) (as so re-24
designated) the following: 25
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‘‘(1) ADMINISTRATIVELY ALLOCATED.—The term 1
‘administratively allocated’ means the allocation by 2
the Secretary of budget authority for a project under 3
the TIFIA program that occurs when— 4
‘‘(A) a potential applicant has been invited 5
into the creditworthiness phase for a project 6
under the TIFIA program; or 7
‘‘(B) the project is subject to a master credit 8
agreement, in accordance with section 9
602(b)(2).’’; 10
(3) in subparagraph (E) of paragraph (11) (as 11
so redesignated), by striking ‘‘3 years’’ and inserting 12
‘‘5 years’’; and 13
(4) in paragraph (13) (as so redesignated)— 14
(A) by striking subparagraph (E) and in-15
serting the following: 16
‘‘(E) a project to improve or construct pub-17
lic infrastructure— 18
‘‘(i) that— 19
‘‘(I) is located within walking dis-20
tance of, and accessible to, a fixed 21
guideway transit facility, passenger 22
rail station, intercity bus station, or 23
intermodal facility, including a trans-24
portation, public utility, or capital 25
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project described in section 1
5302(3)(G)(v) of title 49, and related 2
infrastructure; or 3
‘‘(II) is a project for economic de-4
velopment, including commercial and 5
residential development, and related 6
infrastructure and activities— 7
‘‘(aa) that incorporates pri-8
vate investment; 9
‘‘(bb) that is physically or 10
functionally related to a passenger 11
rail station or multimodal station 12
that includes rail service; 13
‘‘(cc) for which the project 14
sponsor has a high probability of 15
commencing the contracting proc-16
ess for construction by not later 17
than 90 days after the date on 18
which credit assistance under the 19
TIFIA program is provided for 20
the project; and 21
‘‘(dd) that has a high prob-22
ability of reducing the need for fi-23
nancial assistance under any 24
other Federal program for the rel-25
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evant passenger rail station or 1
service by increasing ridership, 2
tenant lease payments, or other 3
activities that generate revenue 4
exceeding costs; and 5
‘‘(ii) for which, by not later than Sep-6
tember 30, 2025, the Secretary has— 7
‘‘(I) received a letter of interest; 8
and 9
‘‘(II) determined that the project 10
is eligible for assistance;’’; 11
(B) in subparagraph (F), by striking the 12
period at the end and inserting a semicolon; and 13
(C) by adding at the end the following: 14
‘‘(G) an eligible airport-related project (as 15
defined in section 40117(a) of title 49) for which, 16
not later than September 30, 2024, the Secretary 17
has— 18
‘‘(i) received a letter of interest; and 19
‘‘(ii) determined that the project is eli-20
gible for assistance; and 21
‘‘(H) a project for the acquisition of plant 22
and wildlife habitat pursuant to a conservation 23
plan that— 24
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‘‘(i) has been approved by the Sec-1
retary of the Interior pursuant to section 10 2
of the Endangered Species Act of 1973 (16 3
U.S.C. 1539); and 4
‘‘(ii) in the judgment of the Secretary, 5
would mitigate the environmental impacts 6
of transportation infrastructure projects 7
otherwise eligible for assistance under this 8
title.’’. 9
(b) ELIGIBILITY.—Section 602(a) of title 23, United 10
States Code, is amended— 11
(1) in paragraph (2)— 12
(A) in subparagraph (A)(iv)— 13
(i) by striking ‘‘a rating’’ and insert-14
ing ‘‘an investment-grade rating’’; and 15
(ii) by striking ‘‘$75,000,000’’ and in-16
serting ‘‘$150,000,000’’; and 17
(B) in subparagraph (B)— 18
(i) by striking ‘‘the senior debt’’ and 19
inserting ‘‘senior debt’’; and 20
(ii) by striking ‘‘credit instrument is 21
for an amount less than $75,000,000’’ and 22
inserting ‘‘total amount of other senior debt 23
and the Federal credit instrument is less 24
than $150,000,000’’; and 25
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(2) in paragraph (5)(B)(ii), by striking ‘‘section 1
601(a)(12)(E)’’ and inserting ‘‘section 2
601(a)(13)(E)’’. 3
(c) PROCESSING TIMELINES.—Section 602(d) of title 4
23, United States Code, is amended— 5
(1) by redesignating paragraphs (1) and (2) as 6
paragraphs (2) and (3), respectively; 7
(2) in paragraph (3) (as so redesignated), by 8
striking ‘‘paragraph (1)’’ and inserting ‘‘paragraph 9
(2)’’; and 10
(3) by inserting before paragraph (2) (as so re-11
designated) the following: 12
‘‘(1) PROCESSING TIMELINES.—Except in the 13
case of an application described in subsection (a)(8) 14
and to the maximum extent practicable, the Secretary 15
shall provide an applicant with a specific estimate of 16
the timeline for the approval or disapproval of the 17
application of the applicant, which, to the maximum 18
extent practicable, the Secretary shall endeavor to 19
complete by not later than 150 days after the date on 20
which the applicant submits a letter of interest to the 21
Secretary.’’. 22
(d) SECURED LOANS.—Section 603(c)(4)(A) of title 23
23, United States Code, is amended— 24
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(1) by striking ‘‘Any excess’’ and inserting the 1
following: 2
‘‘(i) IN GENERAL.—Except as provided 3
in clause (ii), any excess’’; and 4
(2) by adding at the end the following: 5
‘‘(ii) CERTAIN APPLICANTS.—In the 6
case of a secured loan or other secured Fed-7
eral credit instrument provided after the 8
date of enactment of the America’s Trans-9
portation Infrastructure Act of 2019, if the 10
obligor is a governmental entity, agency, or 11
instrumentality, the obligor shall not be re-12
quired to prepay the secured loan or other 13
secured Federal credit instrument with any 14
excess revenues described in clause (i) if the 15
obligor enters into an agreement to use those 16
excess revenues only for purposes authorized 17
under this title or title 49.’’. 18
(e) TECHNICAL AMENDMENT.—Section 602(e) of title 19
23, United States Code, is amended by striking ‘‘section 20
601(a)(1)(A)’’ and inserting ‘‘section 601(a)(3)(A)’’. 21
(f) STREAMLINED APPLICATION PROCESS.—Section 22
603(f) of title 23, United States Code, is amended by adding 23
at the end the following: 24
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‘‘(3) ADDITIONAL TERMS FOR EXPEDITED DECI-1
SIONS.— 2
‘‘(A) IN GENERAL.—Not later than 120 3
days after the date of enactment of this para-4
graph, the Secretary shall implement an expe-5
dited decision timeline for public agency bor-6
rowers seeking secured loans that meet— 7
‘‘(i) the terms under paragraph (2); 8
and 9
‘‘(ii) the additional criteria described 10
in subparagraph (B). 11
‘‘(B) ADDITIONAL CRITERIA.—The addi-12
tional criteria referred to in subparagraph 13
(A)(ii) are the following: 14
‘‘(i) The secured loan is made on terms 15
and conditions that substantially conform 16
to the conventional terms and conditions es-17
tablished by the National Surface Transpor-18
tation Innovative Finance Bureau. 19
‘‘(ii) The secured loan is rated in the 20
A category or higher. 21
‘‘(iii) The TIFIA program share of eli-22
gible project costs is 33 percent or less. 23
‘‘(iv) The applicant demonstrates a 24
reasonable expectation that the contracting 25
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process for the project can commence by not 1
later than 90 days after the date on which 2
a Federal credit instrument is obligated for 3
the project under the TIFIA program. 4
‘‘(v) The project has received a categor-5
ical exclusion, a finding of no significant 6
impact, or a record of decision under the 7
National Environmental Policy Act of 1969 8
(42 U.S.C. 4321 et seq.). 9
‘‘(C) WRITTEN NOTICE.—The Secretary 10
shall provide to an applicant seeking a secured 11
loan under the expedited decision process under 12
this paragraph a written notice informing the 13
applicant whether the Secretary has approved or 14
disapproved the application by not later than 15
180 days after the date on which the Secretary 16
submits to the applicant a letter indicating that 17
the National Surface Transportation Innovative 18
Finance Bureau has commenced the credit-19
worthiness review of the project.’’. 20
(g) FUNDING.— 21
(1) IN GENERAL.—Section 608(a) of title 23, 22
United States Code, is amended— 23
(A) by redesignating paragraphs (4) and 24
(5) as paragraphs (5) and (6), respectively; 25
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(B) by inserting after paragraph (3) the fol-1
lowing: 2
‘‘(4) LIMITATION FOR CERTAIN PROJECTS.— 3
‘‘(A) TRANSIT-ORIENTED DEVELOPMENT 4
PROJECTS.—For each fiscal year, the Secretary 5
may use to carry out projects described in sec-6
tion 601(a)(13)(E) not more than 15 percent of 7
the amounts made available to carry out the 8
TIFIA program for that fiscal year. 9
‘‘(B) AIRPORT-RELATED PROJECTS.—The 10
Secretary may use to carry out projects described 11
in section 601(a)(13)(G)— 12
‘‘(i) for each fiscal year, not more than 13
15 percent of the amounts made available to 14
carry out the TIFIA program under the 15
America’s Transportation Infrastructure 16
Act of 2019 for that fiscal year; and 17
‘‘(ii) for the period of fiscal years 2021 18
through 2025, not more than 15 percent of 19
the unobligated carryover balances (as of 20
October 1, 2020) made available to carry 21
out the TIFIA program, less the total 22
amount administratively allocated by the 23
Secretary as of that date.’’; and 24
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(C) by striking paragraph (6) (as so redes-1
ignated) and inserting the following: 2
‘‘(6) ADMINISTRATIVE COSTS.—Of the amounts 3
made available to carry out the TIFIA program, the 4
Secretary may use not more than $10,000,000 for 5
each of fiscal years 2021 through 2025 for the admin-6
istration of the TIFIA program.’’. 7
(2) CONFORMING AMENDMENT.—Section 8
605(f)(1) of title 23, United States Code, is amended 9
by striking ‘‘section 608(a)(5)’’ and inserting ‘‘section 10
608(a)(6)’’. 11
(h) STATUS REPORTS.—Section 609 of title 23, United 12
States Code, is amended by adding at the end the following: 13
‘‘(c) STATUS REPORTS.— 14
‘‘(1) IN GENERAL.—The Secretary shall publish 15
on the website for the TIFIA program— 16
‘‘(A) on a monthly basis, a current status 17
report on all submitted letters of interest and ap-18
plications received for assistance under the 19
TIFIA program; and 20
‘‘(B) on a quarterly basis, a current status 21
report on all approved applications for assist-22
ance under the TIFIA program. 23
‘‘(2) INCLUSIONS.—Each monthly and quarterly 24
status report under paragraph (1) shall include, at a 25
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minimum, with respect to each project included in the 1
status report— 2
‘‘(A) the name of the party submitting the 3
letter of interest or application; 4
‘‘(B) the name of the project; 5
‘‘(C) the date on which the letter of interest 6
or application was received; 7
‘‘(D) the estimated project eligible costs; 8
‘‘(E) the type of credit assistance sought; 9
and 10
‘‘(F) the anticipated fiscal year and quarter 11
for closing of the credit assistance.’’. 12
(i) STATE INFRASTRUCTURE BANK PROGRAM.—Sec-13
tion 610 of title 23, United States Code, is amended— 14
(1) in subsection (d)— 15
(A) in paragraph (1)(A), by striking ‘‘fiscal 16
years 2016 through 2020’’ and inserting ‘‘fiscal 17
years 2021 through 2025’’; 18
(B) in paragraph (2), by striking ‘‘fiscal 19
years 2016 through 2020’’ and inserting ‘‘fiscal 20
years 2021 through 2025’’; and 21
(C) in paragraph (3), by striking ‘‘fiscal 22
years 2016 through 2020’’ and inserting ‘‘fiscal 23
years 2021 through 2025’’; and 24
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(2) in subsection (k), by striking ‘‘fiscal years 1
2016 through 2020’’ and inserting ‘‘fiscal years 2021 2
through 2025’’. 3
(j) REPORT.—Not later than September 30, 2024, the 4
Secretary shall submit to the Committee on Environment 5
and Public Works of the Senate and the Committee on 6
Transportation and Infrastructure of the House of Rep-7
resentatives a report on the impact of the amendment relat-8
ing to airport-related projects under subsection (a)(4)(C) 9
and subsection (g)(1)(B), including— 10
(1) information on the use of TIFIA program (as 11
defined in section 601(a) of title 23, United States 12
Code) funds for eligible airport-related projects (as de-13
fined in section 40117(a) of title 49, United States 14
Code); and 15
(2) recommendations for modifications to the 16
TIFIA program. 17
TITLE III—RESEARCH, 18
TECHNOLOGY, AND EDUCATION 19
SEC. 3001. SURFACE TRANSPORTATION SYSTEM FUNDING 20
ALTERNATIVES. 21
(a) IN GENERAL.—The Secretary shall establish a pro-22
gram to test the feasibility of a road usage fee and other 23
user-based alternative revenue mechanisms to maintain the 24
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long-term solvency of the Highway Trust Fund, through 1
pilot projects at the State, regional, and national level. 2
(b) STATE GRANTS.— 3
(1) IN GENERAL.—The Secretary shall provide 4
grants to States and groups of States to carry out 5
pilot projects under this subsection. 6
(2) APPLICATIONS.—To be eligible for a grant 7
under this subsection, a State or group of States shall 8
submit to the Secretary an application at such time, 9
in such manner, and containing such information as 10
the Secretary may require. 11
(3) OBJECTIVES.—The Secretary shall ensure 12
that the activities carried out using funds provided 13
under this subsection meet the following objectives: 14
(A) To test the design, acceptance, equity, 15
and implementation of user-based alternative 16
revenue mechanisms, including among— 17
(i) differing income groups; and 18
(ii) rural and urban drivers. 19
(B) To provide recommendations regarding 20
adoption and implementation of user-based al-21
ternative revenue mechanisms. 22
(C) To quantify and minimize the adminis-23
trative costs of any potential user-based alter-24
native revenue mechanisms. 25
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(D) To test a variety of solutions, including 1
the use of third-party vendors, for the collection 2
of data and road usage fees, including the reli-3
ability and security of those solutions and ven-4
dors. 5
(E) To test solutions to ensure the privacy 6
and security of data collected for the purpose of 7
implementing a user-based alternative revenue 8
mechanism. 9
(F) To conduct public education and out-10
reach to increase public awareness regarding the 11
need for road usage fees or other user-based alter-12
native revenue mechanisms for surface transpor-13
tation programs. 14
(G) To evaluate the ease of compliance and 15
enforcement of a variety of implementation ap-16
proaches for different users of the transportation 17
system. 18
(4) USE OF FUNDS.—A State or group of States 19
that receives a grant under this subsection shall use 20
the grant to carry out activities to address the objec-21
tives described in paragraph (3). 22
(5) CONSIDERATION.—The Secretary shall con-23
sider geographic diversity in awarding grants under 24
this subsection. 25
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(6) FEDERAL SHARE.—The Federal share of the 1
cost of an activity carried out under this subsection 2
may not exceed 70 percent of the total cost of the ac-3
tivity. 4
(c) NATIONAL RESEARCH PROGRAM.— 5
(1) IN GENERAL.—The Secretary shall carry out 6
a research program to develop and test the feasibility 7
of a nationwide alternative roadway funding mecha-8
nism to expand Federal funding for highway im-9
provements. 10
(2) CONSULTATION.—In conducting the research 11
program under this subsection, the Secretary shall co-12
ordinate with— 13
(A) appropriate State and Federal agencies; 14
and 15
(B) the Federal System Funding Alter-16
native Advisory Board established under sub-17
section (d). 18
(3) PARTICIPANTS.—The research program under 19
this subsection shall include voluntary participation 20
by drivers or owners of commercial vehicles from a di-21
versity of States and vehicle classes. 22
(4) OBJECTIVES.—The Secretary shall ensure 23
that the research program under this subsection is de-24
signed to meet the following objectives: 25
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(A) To evaluate the cost and feasibility of 1
implementing a nationwide alternative roadway 2
funding mechanism. 3
(B) To evaluate options for deployment of a 4
nationwide alternative roadway funding mecha-5
nism, including options for— 6
(i) collection and enforcement mecha-7
nisms; 8
(ii) protection of privacy and data se-9
curity; and 10
(iii) the structure for the implementa-11
tion of a potential future nationwide pro-12
gram. 13
(C) To evaluate the impacts of the imposi-14
tion of a nationwide alternative roadway fund-15
ing mechanism on— 16
(i) transportation revenues; 17
(ii) personal mobility, driving pat-18
terns, and transportation costs; and 19
(iii) freight movement and costs. 20
(D) To evaluate options for the integration 21
of a nationwide alternative roadway funding 22
mechanism with— 23
(i) State-based transportation revenue 24
collections and regulations; 25
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(ii) toll revenue collection platforms; 1
(iii) transportation network company 2
fees; and 3
(iv) any other relevant transportation 4
revenue mechanisms. 5
(5) SAVINGS PROVISION.— 6
(A) IN GENERAL.—Except as provided in 7
subparagraph (B), nothing in this subsection au-8
thorizes the Secretary to impose a Federal road 9
usage fee. 10
(B) EXCLUSION.—As part of the research 11
program under this subsection, the Secretary 12
may test collection mechanisms for a nationwide 13
alternative roadway funding mechanism, which 14
may include the imposition on voluntary par-15
ticipants of fees that are— 16
(i)(I) for testing purposes only; and 17
(II) refunded to the pilot participant 18
in a timely manner; or 19
(ii) commensurate, on net, with incen-20
tives provided for participation in the re-21
search program. 22
(d) FEDERAL SYSTEM FUNDING ALTERNATIVE ADVI-23
SORY BOARD.— 24
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(1) IN GENERAL.—The Secretary shall establish 1
an advisory board, to be known as the ‘‘Federal Sys-2
tem Funding Alternative Advisory Board’’ (referred 3
to in this subsection as the ‘‘advisory board’’), to as-4
sist with— 5
(A) advancing and implementing the na-6
tional research program under subsection (c); 7
and 8
(B) developing the recommendations and re-9
ports under subsection (f). 10
(2) MEMBERS.—The advisory board shall, at a 11
minimum, be composed of representatives of the fol-12
lowing entities, to be appointed by the Secretary: 13
(A) State departments of transportation. 14
(B) Local transportation agencies located 15
within a transportation management area (as 16
identified or designated under section 134(k) of 17
title 23, United States Code). 18
(C) Any public or nonprofit entity that led 19
a surface transportation system funding alter-20
natives pilot project under section 6020 of the 21
FAST Act (23 U.S.C. 503 note; Public Law 114– 22
94) (as in effect on the day before the date of en-23
actment of this Act). 24
(D) Owners and operators of toll facilities. 25
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(E) Fleet operators of light-duty and heavy- 1
duty vehicles. 2
(e) LIMITATION ON REVENUE COLLECTED.—Any rev-3
enue collected through a user-based alternative revenue 4
mechanism established using funds provided under this sec-5
tion shall not be considered a toll under section 301 of title 6
23, United States Code. 7
(f) RECOMMENDATIONS AND REPORT.—Not later than 8
3 years after the date of enactment of this Act, the Sec-9
retary, in coordination with the Secretary of the Treasury 10
and the Federal System Funding Alternative Advisory 11
Board established under subsection (d) shall submit to Con-12
gress a report that— 13
(1) summarizes the results of the State pilot 14
projects under subsection (b) and the national re-15
search program under subsection (c); and 16
(2) provides recommendations, if applicable, to 17
enable potential implementation of a nationwide al-18
ternative roadway funding mechanism. 19
(g) FUNDING.— 20
(1) IN GENERAL.—Of the funds made available 21
to carry out section 503(b) of title 23, United States 22
Code, for each of fiscal years 2021 through 2025— 23
(A) $15,000,000 shall be used for State pilot 24
projects under subsection (b); and 25
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(B) $10,000,000 shall be used for the na-1
tional research program under subsection (c). 2
(2) EXCESS FUNDS.— 3
(A) EXCESS STATE PILOT PROJECT 4
FUNDS.—Any excess funds remaining after mak-5
ing grants for State pilot projects under sub-6
section (b) shall be available for the national re-7
search program under subsection (c). 8
(B) EXCESS NATIONAL RESEARCH PROGRAM 9
FUNDS.—Any excess funds remaining after car-10
rying out the national research program under 11
subsection (c) shall be available to make grants 12
for State pilot projects under subsection (b). 13
(h) REPEAL.— 14
(1) IN GENERAL.—Section 6020 of the FAST Act 15
(23 U.S.C. 503 note; Public Law 114–94) is repealed. 16
(2) CLERICAL AMENDMENT.—The table of con-17
tents in section 1(b) of the FAST Act (Public Law 18
114–94; 129 Stat. 1312) is amended by striking the 19
item relating to section 6020. 20
SEC. 3002. PERFORMANCE MANAGEMENT DATA SUPPORT 21
PROGRAM. 22
Section 6028(c) of the FAST Act (23 U.S.C. 150 note; 23
Public Law 114–94) is amended by striking ‘‘fiscal years 24
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2016 through 2020’’ and inserting ‘‘fiscal years 2021 1
through 2025’’. 2
SEC. 3003. DATA INTEGRATION PILOT PROGRAM. 3
(a) ESTABLISHMENT.—The Secretary shall establish a 4
pilot program— 5
(1) to provide research and develop models that 6
integrate, in near-real-time, data from multiple 7
sources, including geolocated— 8
(A) weather conditions; 9
(B) roadway conditions; 10
(C) incidents, work zones, and other non-11
recurring events related to emergency planning; 12
and 13
(D) information from emergency responders; 14
and 15
(2) to facilitate data integration between the De-16
partment, the National Weather Service, and other 17
sources of data that provide real-time data with re-18
spect to roadway conditions during or as a result of 19
severe weather events, including, at a minimum— 20
(A) winter weather; 21
(B) heavy rainfall; and 22
(C) tropical weather events. 23
(b) REQUIREMENTS.—In carrying out subsection 24
(a)(1), the Secretary shall— 25
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(1) address the safety, resiliency, and vulner-1
ability of the transportation system to disasters; and 2
(2) develop tools for decisionmakers and other 3
end-users who could use or benefit from the integrated 4
data described in that subsection to improve public 5
safety and mobility. 6
(c) TREATMENT.—Except as otherwise provided in this 7
section, the Secretary shall carry out activities under the 8
pilot program under this section as if— 9
(1) those activities were authorized under chap-10
ter 5 of title 23, United States Code; and 11
(2) the funds made available to carry out the 12
pilot program were made available under that chap-13
ter. 14
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 15
authorized to be appropriated to carry out this section 16
$2,500,000 for each of fiscal years 2021 through 2025, to 17
remain available until expended. 18
SEC. 3004. EMERGING TECHNOLOGY RESEARCH PILOT PRO-19
GRAM. 20
(a) ESTABLISHMENT.—The Secretary shall establish a 21
pilot program to conduct emerging technology research in 22
accordance with this section. 23
(b) ACTIVITIES.—The pilot program under this section 24
shall include— 25
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(1) research and development activities relating 1
to leveraging advanced and additive manufacturing 2
technologies to increase the structural integrity and 3
cost-effectiveness of surface transportation infrastruc-4
ture; and 5
(2) research and development activities (includ-6
ing laboratory and test track supported accelerated 7
pavement testing research regarding the impacts of 8
connected, autonomous, and platooned vehicles on 9
pavement and infrastructure performance)— 10
(A) to reduce the impact of automated and 11
connected driving systems and advanced driver- 12
assistance systems on pavement and infrastruc-13
ture performance; and 14
(B) to improve transportation infrastruc-15
ture design in anticipation of increased usage of 16
automated driving systems and advanced driver- 17
assistance systems. 18
(c) TREATMENT.—Except as otherwise provided in this 19
section, the Secretary shall carry out activities under the 20
pilot program under this section as if— 21
(1) those activities were authorized under chap-22
ter 5 of title 23, United States Code; and 23
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(2) the funds made available to carry out the 1
pilot program were made available under that chap-2
ter. 3
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 4
authorized to be appropriated to carry out this section 5
$5,000,000 for each of fiscal years 2021 through 2025, to 6
remain available until expended. 7
SEC. 3005. RESEARCH AND TECHNOLOGY DEVELOPMENT 8
AND DEPLOYMENT. 9
(a) IN GENERAL.—Section 503 of title 23, United 10
States Code, is amended— 11
(1) in subsection (a)(2), by striking ‘‘section 12
508’’ and inserting ‘‘section 6503 of title 49’’; 13
(2) in subsection (b)— 14
(A) in paragraph (1)— 15
(i) in subparagraph (C), by striking 16
‘‘and’’ at the end; 17
(ii) in subparagraph (D), by striking 18
the period at the end and inserting a semi-19
colon; and 20
(iii) by adding at the end the fol-21
lowing: 22
‘‘(E) engage with public and private enti-23
ties to spur advancement of emerging trans-24
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formative innovations through accelerated mar-1
ket readiness; and 2
‘‘(F) consult frequently with public and pri-3
vate entities on new transportation tech-4
nologies.’’; 5
(B) in paragraph (2)(C)— 6
(i) by redesignating clauses (x) through 7
(xv) as clauses (xi) through (xvi), respec-8
tively; and 9
(ii) by inserting after clause (ix) the 10
following: 11
‘‘(x) safety measures to reduce the 12
number of wildlife-vehicle collisions;’’; 13
(C) in paragraph (3)— 14
(i) in subparagraph (B)(viii), by in-15
serting ‘‘weather’’ after ‘‘extreme’’; and 16
(ii) in subparagraph (C)— 17
(I) in clause (xv), by inserting 18
‘‘extreme weather events and’’ after 19
‘‘withstand’’; 20
(II) in clause (xviii), by striking 21
‘‘and’’ at the end; 22
(III) in clause (xix), by striking 23
the period at the end and inserting ‘‘; 24
and’’; and 25
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(IV) by adding at the end the fol-1
lowing: 2
‘‘(xx) studies on the deployment and 3
revenue potential of the deployment of en-4
ergy and broadband infrastructure in high-5
way rights-of-way, including potential ad-6
verse impacts of the use or nonuse of those 7
rights-of-way.’’; 8
(D) in paragraph (6)— 9
(i) in subparagraph (A), by striking 10
‘‘and’’ at the end; 11
(ii) in subparagraph (B), by striking 12
the period at the end and inserting ‘‘; and’’; 13
and 14
(iii) by adding at the end the fol-15
lowing: 16
‘‘(C) to support research on non-market- 17
ready technologies in consultation with public 18
and private entities.’’; 19
(E) in paragraph (7)(B)— 20
(i) in the matter preceding clause (i), 21
by inserting ‘‘innovations by leading’’ after 22
‘‘support’’; 23
(ii) in clause (iii), by striking ‘‘and’’ 24
at the end; 25
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(iii) in clause (iv), by striking the pe-1
riod at the end and inserting ‘‘; and’’; and 2
(iv) by adding at the end the following: 3
‘‘(v) the evaluation of information 4
from accelerated market readiness efforts, 5
including non-market-ready technologies, in 6
consultation with other offices of the Federal 7
Highway Administration and key part-8
ners.’’; 9
(F) in paragraph (8)(A), by striking ‘‘fu-10
ture highway’’ and all that follows through 11
‘‘needs.’’ and inserting the following: ‘‘current 12
conditions and future needs of highways, bridges, 13
and tunnels of the United States, including— 14
‘‘(i) the conditions and performance of 15
the highway network for freight movement; 16
‘‘(ii) intelligent transportation systems; 17
‘‘(iii) resilience needs; and 18
‘‘(iv) the backlog of current highway, 19
bridge, and tunnel needs.’’; and 20
(G) by adding at the end the following: 21
‘‘(9) ANALYSIS TOOLS.—The Secretary may de-22
velop interactive modeling tools and databases that— 23
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‘‘(A) track the full condition of highway as-1
sets, including interchanges, and the reconstruc-2
tion history of those assets; 3
‘‘(B) can be used to assess transportation 4
options; 5
‘‘(C) allow for the monitoring and modeling 6
of network-level traffic flows on highways; and 7
‘‘(D) further Federal and State under-8
standing of the importance of national and re-9
gional connectivity and the need for long-dis-10
tance and interregional passenger and freight 11
travel by highway and other surface transpor-12
tation modes.’’; and 13
(3) in subsection (c)— 14
(A) in paragraph (1)— 15
(i) in the matter preceding subpara-16
graph (A), by inserting ‘‘use of rights-of- 17
way permissible under applicable law,’’ 18
after ‘‘structures,’’; 19
(ii) in subparagraph (D), by striking 20
‘‘and’’ at the end; 21
(iii) in subparagraph (E), by striking 22
the period at the end and inserting ‘‘; and’’; 23
and 24
(iv) by adding at the end the following: 25
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‘‘(F) disseminating and evaluating infor-1
mation from accelerated market readiness efforts, 2
including non-market-ready technologies, to pub-3
lic and private entities.’’; 4
(B) in paragraph (2)— 5
(i) in subparagraph (B)(iii), by strik-6
ing ‘‘improved tools and methods to accel-7
erate the adoption’’ and inserting ‘‘and de-8
ploy improved tools and methods to accel-9
erate the adoption of early-stage and proven 10
innovative practices and technologies and, 11
as the Secretary determines to be appro-12
priate, support continued implementation’’; 13
and 14
(ii) by adding at the end the following: 15
‘‘(D) REPORT.—Not later than 2 years after 16
the date of enactment of this subparagraph and 17
every 2 years thereafter, the Secretary shall sub-18
mit to the Committee on Environment and Pub-19
lic Works of the Senate and the Committee on 20
Transportation and Infrastructure of the House 21
of Representatives and make publicly available 22
on an internet website a report that describes— 23
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‘‘(i) the activities the Secretary has un-1
dertaken to carry out the program estab-2
lished under paragraph (1); and 3
‘‘(ii) how and to what extent the Sec-4
retary has worked to disseminate non-mar-5
ket-ready technologies to public and private 6
entities.’’; 7
(C) in paragraph (3)— 8
(i) by redesignating subparagraphs (C) 9
and (D) as subparagraphs (D) and (E), re-10
spectively; 11
(ii) by inserting after subparagraph 12
(B) the following: 13
‘‘(C) HIGH-FRICTION SURFACE TREATMENT 14
APPLICATION STUDY.— 15
‘‘(i) DEFINITION OF INSTITUTION.—In 16
this subparagraph, the term ‘institution’ 17
means a private sector entity, public agen-18
cy, research university or other research in-19
stitution, or organization representing 20
transportation and technology leaders or 21
other transportation stakeholders that, as 22
determined by the Secretary, is capable of 23
working with State highway agencies, the 24
Federal Highway Administration, and the 25
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highway construction industry to develop 1
and evaluate new products, design tech-2
nologies, and construction methods that 3
quickly lead to pavement improvements. 4
‘‘(ii) STUDY.—The Secretary shall seek 5
to enter into an agreement with an institu-6
tion to carry out a study on the use of nat-7
ural and synthetic calcined bauxite as a 8
high-friction surface treatment application 9
on pavement. 10
‘‘(iii) REPORT.—Not later than 18 11
months after the date of enactment of the 12
America’s Transportation Infrastructure 13
Act of 2019, the Secretary shall submit a re-14
port on the results of the study under clause 15
(ii) to— 16
‘‘(I) the Committee on Environ-17
ment and Public Works of the Senate; 18
‘‘(II) the Committee on Transpor-19
tation and Infrastructure of the House 20
of Representatives; 21
‘‘(III) the Federal Highway Ad-22
ministration; and 23
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‘‘(IV) the American Association of 1
State Highway and Transportation 2
Officials.’’; 3
(iii) in subparagraph (D) (as so redes-4
ignated), by striking ‘‘fiscal years 2016 5
through 2020’’ and inserting ‘‘fiscal years 6
2021 through 2025’’; and 7
(iv) in subparagraph (E) (as so redes-8
ignated)— 9
(I) in clause (i), by striking ‘‘an-10
nually’’ and inserting ‘‘once every 3 11
years’’; and 12
(II) in clause (ii)— 13
(aa) in subclause (III), by 14
striking ‘‘and’’ at the end; 15
(bb) in subclause (IV), by 16
striking the period at the end and 17
inserting a semicolon; and 18
(cc) by adding at the end the 19
following: 20
‘‘(V) pavement monitoring and 21
data collection practices; 22
‘‘(VI) pavement durability and re-23
silience; 24
‘‘(VII) stormwater management; 25
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‘‘(VIII) impacts on vehicle effi-1
ciency; 2
‘‘(IX) the energy efficiency of the 3
production of paving materials and the 4
ability of paving materials to enhance 5
the environment and promote sustain-6
ability; and 7
‘‘(X) integration of renewable en-8
ergy in pavement designs.’’; and 9
(D) by adding at the end the following: 10
‘‘(5) ACCELERATED IMPLEMENTATION AND DE-11
PLOYMENT OF ADVANCED DIGITAL CONSTRUCTION 12
MANAGEMENT SYSTEMS.— 13
‘‘(A) IN GENERAL.—The Secretary shall es-14
tablish and implement a program under the 15
technology and innovation deployment program 16
established under paragraph (1) to promote, im-17
plement, deploy, demonstrate, showcase, support, 18
and document the application of advanced dig-19
ital construction management systems, practices, 20
performance, and benefits. 21
‘‘(B) GOALS.—The goals of the accelerated 22
implementation and deployment of advanced 23
digital construction management systems pro-24
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gram established under subparagraph (A) shall 1
include— 2
‘‘(i) accelerated State adoption of ad-3
vanced digital construction management 4
systems applied throughout the construction 5
lifecycle (including through the design and 6
engineering, construction, and operations 7
phases) that— 8
‘‘(I) maximize interoperability 9
with other systems, products, tools, or 10
applications; 11
‘‘(II) boost productivity; 12
‘‘(III) manage complexity; 13
‘‘(IV) reduce project delays and 14
cost overruns; and 15
‘‘(V) enhance safety and quality; 16
‘‘(ii) more timely and productive infor-17
mation-sharing among stakeholders through 18
reduced reliance on paper to manage con-19
struction processes and deliverables such as 20
blueprints, design drawings, procurement 21
and supply-chain orders, equipment logs, 22
daily progress reports, and punch lists; 23
‘‘(iii) deployment of digital manage-24
ment systems that enable and leverage the 25
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use of digital technologies on construction 1
sites by contractors, such as state-of-the-art 2
automated and connected machinery and 3
optimized routing software that allows con-4
struction workers to perform tasks faster, 5
safer, more accurately, and with minimal 6
supervision; 7
‘‘(iv) the development and deployment 8
of best practices for use in digital construc-9
tion management; 10
‘‘(v) increased technology adoption and 11
deployment by States and units of local 12
government that enables project sponsors— 13
‘‘(I) to integrate the adoption of 14
digital management systems and tech-15
nologies in contracts; and 16
‘‘(II) to weigh the cost of 17
digitization and technology in setting 18
project budgets; 19
‘‘(vi) technology training and work-20
force development to build the capabilities of 21
project managers and sponsors that enables 22
States and units of local government— 23
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‘‘(I) to better manage projects 1
using advanced construction manage-2
ment technologies; and 3
‘‘(II) to properly measure and re-4
ward technology adoption across 5
projects of the State or unit of local 6
government; 7
‘‘(vii) development of guidance to assist 8
States in updating regulations of the State 9
to allow project sponsors and contractors— 10
‘‘(I) to report data relating to the 11
project in digital formats; and 12
‘‘(II) to fully capture the effi-13
ciencies and benefits of advanced dig-14
ital construction management systems 15
and related technologies; 16
‘‘(viii) reduction in the environmental 17
footprint of construction projects using ad-18
vanced digital construction management 19
systems resulting from elimination of con-20
gestion through more efficient projects; and 21
‘‘(ix) enhanced worker and pedestrian 22
safety resulting from increased trans-23
parency. 24
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‘‘(C) FUNDING.—For each of fiscal years 1
2021 through 2025, the Secretary shall obligate 2
from funds made available to carry out this sub-3
section $20,000,000 to accelerate the deployment 4
and implementation of advanced digital con-5
struction management systems. 6
‘‘(D) PUBLICATION.— 7
‘‘(i) IN GENERAL.—Not less frequently 8
than annually, the Secretary shall issue and 9
make available to the public on a website a 10
report on— 11
‘‘(I) progress made in the imple-12
mentation of advanced digital manage-13
ment systems by States; and 14
‘‘(II) the costs and benefits of the 15
deployment of new technology and in-16
novations that substantially and di-17
rectly resulted from the program estab-18
lished under this paragraph. 19
‘‘(ii) INCLUSIONS.—The report under 20
clause (i) may include an analysis of— 21
‘‘(I) Federal, State, and local cost 22
savings; 23
‘‘(II) project delivery time im-24
provements; 25
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‘‘(III) congestion impacts; and 1
‘‘(IV) safety improvements for 2
roadway users and construction work-3
ers.’’. 4
(b) ADVANCED TRANSPORTATION TECHNOLOGIES AND 5
INNOVATIVE MOBILITY DEPLOYMENT.—Section 503(c)(4) of 6
title 23, United States Code, is amended— 7
(1) in the heading, by inserting ‘‘AND INNOVA-8
TIVE MOBILITY’’ before ‘‘DEPLOYMENT’’; 9
(2) by striking subparagraph (A) and inserting 10
the following: 11
‘‘(A) IN GENERAL.—The Secretary shall 12
provide grants to eligible entities to deploy, in-13
stall, and operate advanced transportation tech-14
nologies to improve safety, mobility, efficiency, 15
system performance, intermodal connectivity, 16
and infrastructure return on investment.’’; 17
(3) in subparagraph (B)— 18
(A) in clause (i), by striking ‘‘the enhanced 19
use’’ and inserting ‘‘optimization’’; 20
(B) in clause (v)— 21
(i) by striking ‘‘transit,’’ and inserting 22
‘‘work zone, weather, transit, paratransit,’’; 23
and 24
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(ii) by striking ‘‘and accessible trans-1
portation’’ and inserting ‘‘, accessible, and 2
integrated transportation and transpor-3
tation services’’; 4
(C) by redesignating clauses (vi) through 5
(viii) as clauses (vii), (viii), and (x), respec-6
tively; 7
(D) by inserting after clause (v) the fol-8
lowing: 9
‘‘(vi) facilitate account-based payments 10
for transportation access and services and 11
integrate payment systems across modes;’’; 12
(E) in clause (viii) (as so redesignated), by 13
striking ‘‘or’’ at the end; and 14
(F) by inserting after clause (viii) (as so re-15
designated) the following: 16
‘‘(ix) incentivize travelers— 17
‘‘(I) to share trips during periods 18
in which travel demand exceeds system 19
capacity; or 20
‘‘(II) to shift trips to periods in 21
which travel demand does not exceed 22
system capacity; or’’; 23
(4) in subparagraph (C)— 24
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(A) in clause (i), by striking ‘‘Not later’’ 1
and all that follows through ‘‘thereafter’’ and in-2
serting ‘‘Each fiscal year for which funding is 3
made available for activities under this para-4
graph’’; and 5
(B) in clause (ii)— 6
(i) in subclause (I), by inserting ‘‘mo-7
bility,’’ after ‘‘safety,’’; and 8
(ii) in subclause (II)— 9
(I) in item (bb), by striking 10
‘‘and’’ at the end; 11
(II) in item (cc), by striking the 12
period at the end and inserting ‘‘; 13
and’’; and 14
(III) by adding at the end the fol-15
lowing: 16
‘‘(dd) facilitating payment 17
for transportation services.’’; 18
(5) in subparagraph (D)— 19
(A) in clause (i), by striking ‘‘Not later’’ 20
and all that follows through ‘‘thereafter’’ and in-21
serting ‘‘Each fiscal year for which funding is 22
made available for activities under this para-23
graph’’; and 24
(B) in clause (ii)— 25
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(i) by striking ‘‘In awarding’’ and in-1
serting the following: 2
‘‘(I) IN GENERAL.—Subject to 3
subclause (II), in awarding’’; and 4
(ii) by adding at the end the following: 5
‘‘(II) RURAL SET-ASIDE.—Not less 6
than 20 percent of the amounts made 7
available to carry out this paragraph 8
shall be reserved for projects serving 9
rural areas.’’; 10
(6) in subparagraph (E)— 11
(A) by redesignating clauses (iii) through 12
(ix) as clauses (iv), (v), (vi), (vii), (viii), (xi), 13
and (xiv), respectively; 14
(B) by inserting after clause (ii) the fol-15
lowing: 16
‘‘(iii) advanced transportation tech-17
nologies to improve emergency evacuation 18
and response by Federal, State, and local 19
authorities;’’; 20
(C) by inserting after clause (viii) (as so re-21
designated) the following: 22
‘‘(ix) integrated corridor management 23
systems; 24
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‘‘(x) advanced parking reservation or 1
variable pricing systems;’’; 2
(D) in clause (xi) (as so redesignated)— 3
(i) by inserting ‘‘, toll collection,’’ after 4
‘‘pricing’’; and 5
(ii) by striking ‘‘or’’ at the end; 6
(E) by inserting after clause (xi) (as so re-7
designated) the following: 8
‘‘(xii) technology that enhances high 9
occupancy vehicle toll lanes, cordon pricing, 10
or congestion pricing; 11
‘‘(xiii) integration of transportation 12
service payment systems; or’’; and 13
(F) in clause (xiv) (as so redesignated)— 14
(i) by striking ‘‘and access’’ and in-15
serting ‘‘, access, and on-demand transpor-16
tation service’’; and 17
(ii) by inserting ‘‘and other shared-use 18
mobility applications’’ after ‘‘ridesharing’’; 19
(7) in subparagraph (F)(ii)(IV), by striking ‘‘ef-20
ficiency and multimodal system performance’’ and 21
inserting ‘‘mobility, efficiency, multimodal system 22
performance, and payment system performance’’; 23
(8) in subparagraph (G)— 24
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(A) by redesignating clauses (vi) through 1
(viii) as clauses (vii) through (ix), respectively; 2
and 3
(B) by inserting after clause (v) the fol-4
lowing: 5
‘‘(vi) improved integration of payment 6
systems;’’; 7
(9) in subparagraph (I)(i), by striking ‘‘fiscal 8
years 2016 through 2020’’ and inserting ‘‘fiscal years 9
2021 through 2025’’; and 10
(10) in subparagraph (N)— 11
(A) in clause (i), by striking ‘‘representing 12
a population of over 200,000’’; and 13
(B) in clause (iii), in the matter preceding 14
subclause (I), by striking ‘‘a any’’ and inserting 15
‘‘any’’. 16
(c) CENTER OF EXCELLENCE ON NEW MOBILITY AND 17
AUTOMATED VEHICLES.—Section 503(c) of title 23, United 18
States Code (as amended by subsection (a)(3)(D)), is 19
amended by adding at the end the following: 20
‘‘(6) CENTER OF EXCELLENCE.— 21
‘‘(A) DEFINITIONS.—In this paragraph: 22
‘‘(i) AUTOMATED VEHICLE.—The term 23
‘automated vehicle’ means a motor vehicle 24
that— 25
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‘‘(I) has a taxable gross weight (as 1
defined in section 41.4482(b)–1 of title 2
26, Code of Federal Regulations (or 3
successor regulations)) of 10,000 4
pounds or less; and 5
‘‘(II) is capable of performing the 6
entire task of driving (including steer-7
ing, accelerating and decelerating, and 8
reacting to external stimulus) without 9
human intervention. 10
‘‘(ii) NEW MOBILITY.—The term ‘new 11
mobility’ includes shared services such as— 12
‘‘(I) docked and dockless bicycles; 13
‘‘(II) docked and dockless electric 14
scooters; and 15
‘‘(III) transportation network 16
companies. 17
‘‘(B) ESTABLISHMENT.—Not later than 1 18
year after the date of enactment of the America’s 19
Transportation Infrastructure Act of 2019, the 20
Secretary shall establish a Center of Excellence 21
to collect, conduct, and fund research on the im-22
pacts of new mobility and automated vehicles on 23
land use, urban design, transportation, real es-24
tate, equity, and municipal budgets. 25
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‘‘(C) PARTNERSHIPS.—In establishing the 1
Center of Excellence under subparagraph (B), 2
the Secretary shall enter into appropriate part-3
nerships with any institution of higher education 4
(as defined in section 101 of the Higher Edu-5
cation Act of 1965 (20 U.S.C. 1001)) or public 6
or private research entity.’’. 7
(d) ACCELERATED IMPLEMENTATION AND DEPLOY-8
MENT OF ADVANCED DIGITAL CONSTRUCTION MANAGE-9
MENT SYSTEMS.—Not later than 1 year after the date of 10
enactment of this Act, the Secretary shall submit to the 11
Committee on Environment and Public Works of the Senate 12
and the Committee on Transportation and Infrastructure 13
of the House of Representatives a report that includes— 14
(1) a description of— 15
(A) the current status of the use of advanced 16
digital construction management systems in each 17
State; and 18
(B) the progress of each State toward accel-19
erating the adoption of advanced digital con-20
struction management systems; and 21
(2) an analysis of the savings in project delivery 22
time and project costs that can be achieved through 23
the use of advanced digital construction management 24
systems. 25
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(e) OPEN CHALLENGE AND RESEARCH INITIATIVE 1
PILOT PROGRAM.— 2
(1) IN GENERAL.—The Secretary shall establish 3
an open challenge and research proposal pilot pro-4
gram under which eligible entities may propose open 5
highway challenges and research proposals that are 6
linked to identified or potential research needs. 7
(2) REQUIREMENTS.—A research proposal sub-8
mitted to the Secretary by an eligible entity shall ad-9
dress— 10
(A) a research need identified by the Sec-11
retary or the Administrator of the Federal High-12
way Administration; or 13
(B) an issue or challenge that the Secretary 14
determines to be important. 15
(3) ELIGIBLE ENTITIES.—An entity eligible to 16
submit a research proposal under the pilot program 17
under paragraph (1) is— 18
(A) a State; 19
(B) a unit of local government; 20
(C) a university transportation center 21
under section 5505 of title 49, United States 22
Code; 23
(D) a private nonprofit organization; 24
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(E) a private sector organization working 1
in collaboration with an entity described in sub-2
paragraphs (A) through (D); and 3
(F) any other individual or entity that the 4
Secretary determines to be appropriate. 5
(4) PROJECT REVIEW.—The Secretary shall— 6
(A) review each research proposal submitted 7
under the pilot program under paragraph (1); 8
and 9
(B) provide to the eligible entity a written 10
notice that— 11
(i) if the research proposal is not se-12
lected— 13
(I) notifies the eligible entity that 14
the research proposal has not been se-15
lected for funding; 16
(II) provides an explanation as to 17
why the research proposal was not se-18
lected, including if the research pro-19
posal does not cover an area of need; 20
and 21
(III) if applicable, recommend 22
that the research proposal be submitted 23
to another research program and pro-24
vide guidance and direction to the eli-25
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gible entity and the proposed research 1
program office; and 2
(ii) if the research proposal is selected, 3
notifies the eligible entity that the research 4
proposal has been selected for funding. 5
(5) FEDERAL SHARE.— 6
(A) IN GENERAL.—The Federal share of the 7
cost of an activity carried out under this sub-8
section shall not exceed 80 percent. 9
(B) NON-FEDERAL SHARE.—All costs di-10
rectly incurred by the non-Federal partners, in-11
cluding personnel, travel, facility, and hardware 12
development costs, shall be credited toward the 13
non-Federal share of the cost of an activity car-14
ried out under this subsection. 15
(f) CONFORMING AMENDMENT.—Section 167 of title 16
23, United States Code, is amended— 17
(1) by striking subsection (h); and 18
(2) by redesignating subsections (i) through (l) 19
as subsections (h) through (k), respectively. 20
SEC. 3006. WORKFORCE DEVELOPMENT, TRAINING, AND 21
EDUCATION. 22
(a) SURFACE TRANSPORTATION WORKFORCE DEVEL-23
OPMENT, TRAINING, AND EDUCATION.—Section 504(e) of 24
title 23, United States Code, is amended— 25
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(1) in paragraph (1)— 1
(A) by redesignating subparagraphs (D) 2
through (G) as subparagraphs (E), (F), (H), and 3
(I), respectively; 4
(B) by inserting after subparagraph (C) the 5
following: 6
‘‘(D) pre-apprenticeships, apprenticeships, 7
and career opportunities for on-the-job train-8
ing;’’; 9
(C) in subparagraph (E) (as so redesig-10
nated), by striking ‘‘or community college’’ and 11
inserting ‘‘, college, community college, or voca-12
tional school’’; and 13
(D) by inserting after subparagraph (F) (as 14
so redesignated) the following: 15
‘‘(G) activities associated with workforce 16
training and employment services, such as tar-17
geted outreach and partnerships with industry, 18
economic development organizations, workforce 19
development boards, and labor organizations;’’; 20
(2) in paragraph (2), by striking ‘‘paragraph 21
(1)(G)’’ and inserting ‘‘paragraph (1)(I)’’; and 22
(3) in paragraph (3)— 23
(A) by striking the period at the end and 24
inserting a semicolon; 25
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(B) by striking ‘‘including activities’’ and 1
inserting the following: ‘‘including— 2
‘‘(A) activities’’; and 3
(C) by adding at the end the following: 4
‘‘(B) activities that address current work-5
force gaps, such as work on construction projects, 6
of State and local transportation agencies; 7
‘‘(C) activities to develop a robust surface 8
transportation workforce with new skills result-9
ing from emerging transportation technologies; 10
and 11
‘‘(D) activities to attract new sources of job- 12
creating investment.’’. 13
(b) TRANSPORTATION EDUCATION AND TRAINING DE-14
VELOPMENT AND DEPLOYMENT PROGRAM.—Section 504(f) 15
of title 23, United States Code, is amended— 16
(1) in the subsection heading, by striking ‘‘DE-17
VELOPMENT’’ and inserting ‘‘AND TRAINING DEVEL-18
OPMENT AND DEPLOYMENT’’; 19
(2) by striking paragraph (1) and inserting the 20
following: 21
‘‘(1) ESTABLISHMENT.—The Secretary shall es-22
tablish a program to make grants to educational in-23
stitutions or State departments of transportation, in 24
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partnership with industry and relevant Federal de-1
partments and agencies— 2
‘‘(A) to develop, test, and review new cur-3
ricula and education programs to train individ-4
uals at all levels of the transportation workforce; 5
or 6
‘‘(B) to implement the new curricula and 7
education programs to provide for hands-on ca-8
reer opportunities to meet current and future 9
needs.’’; 10
(3) in paragraph (2)— 11
(A) in the matter preceding subparagraph 12
(A), by striking ‘‘shall’’ and inserting ‘‘may’’; 13
(B) in subparagraph (A), by inserting ‘‘cur-14
rent or future’’ after ‘‘specific’’; and 15
(C) in subparagraph (E)— 16
(i) by striking ‘‘in nontraditional de-17
partments’’; 18
(ii) by inserting ‘‘construction,’’ after 19
‘‘such as’’; and 20
(iii) by inserting ‘‘or emerging’’ after 21
‘‘industrial’’; 22
(4) by redesignating paragraph (3) as para-23
graph (4); and 24
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(5) by inserting after paragraph (2) the fol-1
lowing: 2
‘‘(3) REPORTING.—The Secretary shall establish 3
minimum reporting requirements for grant recipients 4
under this subsection, which may include, with re-5
spect to a program carried out with a grant under 6
this subsection— 7
‘‘(A) the percentage or number of program 8
participants that are employed during the sec-9
ond quarter after exiting the program; 10
‘‘(B) the percentage or number of program 11
participants that are employed during the fourth 12
quarter after exiting the program; 13
‘‘(C) the median earnings of program par-14
ticipants that are employed during the second 15
quarter after exiting the program; 16
‘‘(D) the percentage or number of program 17
participants that obtain a recognized postsec-18
ondary credential or a secondary school diploma 19
(or a recognized equivalent) during participation 20
in the program or by not later than 1 year after 21
exiting the program; and 22
‘‘(E) the percentage or number of program 23
participants that, during a program year— 24
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‘‘(i) are in an education or training 1
program that leads to a recognized postsec-2
ondary credential or employment; and 3
‘‘(ii) are achieving measurable skill 4
gains toward such a credential or employ-5
ment.’’. 6
(c) USE OF FUNDS.—Section 504 of title 23, United 7
States Code, is amended by adding at the end the following: 8
‘‘(i) USE OF FUNDS.—The Secretary may use funds 9
made available to carry out this section to carry out activi-10
ties related to workforce development and technical assist-11
ance and training if— 12
‘‘(1) the activities are authorized by another pro-13
vision of this title; and 14
‘‘(2) the activities are for entities other than em-15
ployees of the Secretary, such as States, units of local 16
government, Federal land management agencies, and 17
Tribal governments.’’. 18
SEC. 3007. WILDLIFE-VEHICLE COLLISION RESEARCH. 19
(a) GENERAL AUTHORITIES AND REQUIREMENTS RE-20
GARDING WILDLIFE AND HABITAT.—Section 515(h)(2) of 21
title 23, United States Code, is amended— 22
(1) in subparagraph (K), by striking ‘‘and’’ at 23
the end; 24
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(2) by redesignating subparagraphs (D), (E), 1
(F), (G), (H), (I), (J), (K), and (L) as subparagraphs 2
(E), (F), (G), (H), (I), (K), (L), (M), and (O), respec-3
tively; 4
(3) by inserting after subparagraph (C) the fol-5
lowing: 6
‘‘(D) a representative from a State, local, or 7
regional wildlife, land use, or resource manage-8
ment agency;’’; 9
(4) by inserting after subparagraph (I) (as so re-10
designated) the following: 11
‘‘(J) an academic researcher who is a bio-12
logical or ecological scientist with expertise in 13
transportation issues;’’; and 14
(5) by inserting after subparagraph (M) (as so 15
redesignated) the following: 16
‘‘(N) a representative from a public interest 17
group concerned with the impact of the transpor-18
tation system on terrestrial and aquatic species 19
and the habitat of those species; and’’. 20
(b) ANIMAL DETECTION SYSTEMS RESEARCH AND DE-21
VELOPMENT.—Section 516(b)(6) of title 23, United States 22
Code, is amended by inserting ‘‘, including animal detec-23
tion systems to reduce the number of wildlife-vehicle colli-24
sions’’ after ‘‘systems’’. 25
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TITLE IV—INDIAN AFFAIRS 1
SEC. 4001. DEFINITION OF SECRETARY. 2
In this title, the term ‘‘Secretary’’ means the Secretary 3
of the Interior. 4
SEC. 4002. ENVIRONMENTAL REVIEWS FOR CERTAIN TRIB-5
AL TRANSPORTATION FACILITIES. 6
(a) DEFINITION OF TRIBAL TRANSPORTATION SAFETY 7
PROJECT.— 8
(1) IN GENERAL.—In this section, the term ‘‘trib-9
al transportation safety project’’ means a project de-10
scribed in paragraph (2) that is eligible for funding 11
under section 202 of title 23, United States Code. 12
(2) PROJECT DESCRIBED.—A project described 13
in this paragraph is a project that corrects or im-14
proves a hazardous road location or feature or ad-15
dresses a highway safety problem through 1 or more 16
of the activities described in any of the clauses under 17
section 148(a)(4)(B) of title 23, United States Code. 18
(b) REVIEWS OF TRIBAL TRANSPORTATION SAFETY 19
PROJECTS.— 20
(1) IN GENERAL.—The Secretary or the Sec-21
retary of Transportation, as applicable, or the head 22
of another Federal agency responsible for a decision 23
related to a tribal transportation safety project shall 24
complete any approval or decision for the review of 25
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the tribal transportation safety project required under 1
the National Environmental Policy Act of 1969 (42 2
U.S.C. 4321 et seq.) or any other applicable Federal 3
law on an expeditious basis using the shortest existing 4
applicable process. 5
(2) REVIEW OF APPLICATIONS.—Not later than 6
45 days after the date of receipt of a complete appli-7
cation by an Indian tribe for approval of a tribal 8
transportation safety project, the Secretary or the 9
Secretary of Transportation, as applicable, shall— 10
(A) take final action on the application; or 11
(B) provide the Indian tribe a schedule for 12
completion of the review described in paragraph 13
(1), including the identification of any other 14
Federal agency that has jurisdiction with respect 15
to the project. 16
(3) DECISIONS UNDER OTHER FEDERAL LAWS.— 17
In any case in which a decision under any other Fed-18
eral law relating to a tribal transportation safety 19
project (including the issuance or denial of a permit 20
or license) is required, not later than 45 days after 21
the Secretary or the Secretary of Transportation, as 22
applicable, has made all decisions of the lead agency 23
under the National Environmental Policy Act of 1969 24
(42 U.S.C. 4321 et seq.) with respect to the project, 25
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the head of the Federal agency responsible for the de-1
cision shall— 2
(A) make the applicable decision; or 3
(B) provide the Indian tribe a schedule for 4
making the decision. 5
(4) EXTENSIONS.—The Secretary or the Sec-6
retary of Transportation, as applicable, or the head 7
of the Federal agency may extend the period under 8
paragraph (2) or (3), as applicable, by an additional 9
30 days by providing the Indian tribe notice of the 10
extension, including a statement of the need for the 11
extension. 12
(5) NOTIFICATION AND EXPLANATION.—In any 13
case in which a required action is not completed by 14
the deadline under paragraph (2), (3), or (4), as ap-15
plicable, the Secretary, the Secretary of Transpor-16
tation, or the head of a Federal agency, as applicable, 17
shall— 18
(A) notify the Committees on Indian Affairs 19
and Environment and Public Works of the Sen-20
ate and the Committee on Natural Resources of 21
the House of Representatives of the failure to 22
comply with the deadline; and 23
(B) provide to the Committees described in 24
subparagraph (A) a detailed explanation of the 25
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reasons for the failure to comply with the dead-1
line. 2
SEC. 4003. PROGRAMMATIC AGREEMENTS FOR TRIBAL CAT-3
EGORICAL EXCLUSIONS. 4
(a) IN GENERAL.—The Secretary and the Secretary of 5
Transportation shall enter into programmatic agreements 6
with Indian tribes that establish efficient administrative 7
procedures for carrying out environmental reviews for 8
projects eligible for assistance under section 202 of title 23, 9
United States Code. 10
(b) INCLUSIONS.—A programmatic agreement under 11
subsection (a)— 12
(1) may include an agreement that allows an In-13
dian tribe to determine, on behalf of the Secretary 14
and the Secretary of Transportation, whether a 15
project is categorically excluded from the preparation 16
of an environmental assessment or environmental im-17
pact statement under the National Environmental 18
Policy Act of 1969 (42 U.S.C. 4321 et seq.); and 19
(2) shall— 20
(A) require that the Indian tribe maintain 21
adequate capability in terms of personnel and 22
other resources to carry out applicable agency re-23
sponsibilities pursuant to section 1507.2 of title 24
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40, Code of Federal Regulations (or successor 1
regulations); 2
(B) set forth the responsibilities of the In-3
dian tribe for making categorical exclusion deter-4
minations, documenting the determinations, and 5
achieving acceptable quality control and quality 6
assurance; 7
(C) allow— 8
(i) the Secretary and the Secretary of 9
Transportation to monitor compliance of 10
the Indian tribe with the terms of the agree-11
ment; and 12
(ii) the Indian tribe to execute any 13
needed corrective action; 14
(D) contain stipulations for amendments, 15
termination, and public availability of the agree-16
ment once the agreement has been executed; and 17
(E) have a term of not more than 5 years, 18
with an option for renewal based on a review by 19
the Secretary and the Secretary of Transpor-20
tation of the performance of the Indian tribe. 21
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SEC. 4004. USE OF CERTAIN TRIBAL TRANSPORTATION 1
FUNDS. 2
Section 202(d) of title 23, United States Code, is 3
amended by striking paragraph (2) and inserting the fol-4
lowing: 5
‘‘(2) USE OF FUNDS.—Funds made available to 6
carry out this subsection shall be used— 7
‘‘(A) to carry out any planning, design, en-8
gineering, preconstruction, construction, and in-9
spection of new or replacement tribal transpor-10
tation facility bridges; 11
‘‘(B) to replace, rehabilitate, seismically ret-12
rofit, paint, apply calcium magnesium acetate, 13
sodium acetate/formate, or other environmentally 14
acceptable, minimally corrosive anti-icing and 15
deicing composition; or 16
‘‘(C) to implement any countermeasure for 17
tribal transportation facility bridges classified as 18
in poor condition, having a low load capacity, 19
or needing geometric improvements, including 20
multiple-pipe culverts.’’. 21
SEC. 4005. BUREAU OF INDIAN AFFAIRS ROAD MAINTE-22
NANCE PROGRAM. 23
There are authorized to be appropriated to the Director 24
of the Bureau of Indian Affairs to carry out the road main-25
tenance program of the Bureau— 26
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(1) $50,000,000 for fiscal year 2021; 1
(2) $52,000,000 for fiscal year 2022; 2
(3) $54,000,000 for fiscal year 2023; 3
(4) $56,000,000 for fiscal year 2024; and 4
(5) $58,000,000 for fiscal year 2025. 5
SEC. 4006. STUDY OF ROAD MAINTENANCE ON INDIAN 6
LAND. 7
(a) DEFINITIONS.—In this section: 8
(1) INDIAN LAND.—The term ‘‘Indian land’’ has 9
the meaning given the term ‘‘Indian lands’’ in section 10
3 of the Native American Business Development, 11
Trade Promotion, and Tourism Act of 2000 (25 12
U.S.C. 4302). 13
(2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has 14
the meaning given the term in section 4 of the Indian 15
Self-Determination and Education Assistance Act (25 16
U.S.C. 5304). 17
(3) ROAD.—The term ‘‘road’’ means a road 18
managed in whole or in part by the Bureau of Indian 19
Affairs. 20
(4) SECRETARY.—The term ‘‘Secretary’’ means 21
the Secretary, acting through the Assistant Secretary 22
for Indian Affairs. 23
(b) STUDY.—Not later than 2 years after the date of 24
enactment of this Act, the Secretary, in consultation with 25
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the Secretary of Transportation, shall carry out a study 1
to evaluate— 2
(1) the long-term viability and useful life of ex-3
isting roads on Indian land; 4
(2) any steps necessary to achieve the goal of ad-5
dressing the deferred maintenance backlog of existing 6
roads on Indian land; 7
(3) programmatic reforms and performance en-8
hancements necessary to achieve the goal of restruc-9
turing and streamlining road maintenance programs 10
on existing or future roads located on Indian land; 11
and 12
(4) recommendations on how to implement ef-13
forts to coordinate with States, counties, municipali-14
ties, and other units of local government to maintain 15
roads on Indian land. 16
(c) TRIBAL CONSULTATION AND INPUT.—Before begin-17
ning the study under subsection (b), the Secretary shall— 18
(1) consult with any Indian tribes that have ju-19
risdiction over roads eligible for funding under the 20
road maintenance program of the Bureau of Indian 21
Affairs; and 22
(2) solicit and consider the input, comments, and 23
recommendations of the Indian tribes described in 24
paragraph (1). 25
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(d) REPORT.—On completion of the study under sub-1
section (b), the Secretary, in consultation with the Sec-2
retary of Transportation, shall submit to the Committees 3
on Indian Affairs and Environment and Public Works of 4
the Senate and the Committees on Natural Resources and 5
Transportation and Infrastructure of the House of Rep-6
resentatives a report on the results and findings of the 7
study. 8
(e) STATUS REPORT.—Not later than 2 years after the 9
date of enactment of this Act, and not less frequently than 10
every 2 years thereafter, the Secretary, in consultation with 11
the Secretary of Transportation, shall submit to the Com-12
mittees on Indian Affairs and Environment and Public 13
Works of the Senate and the Committees on Natural Re-14
sources and Transportation and Infrastructure of the House 15
of Representatives a report that includes a description of— 16
(1) the progress made toward addressing the de-17
ferred maintenance needs of the roads on Indian land, 18
including a list of projects funded during the fiscal 19
period covered by the report; 20
(2) the outstanding needs of the roads that have 21
been provided funding to address the deferred mainte-22
nance needs; 23
(3) the remaining needs of any of the projects re-24
ferred to in paragraph (1); 25
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(4) how the goals described in subsection (b) have 1
been met, including— 2
(A) an identification and assessment of any 3
deficiencies or shortfalls in meeting the goals; 4
and 5
(B) a plan to address the deficiencies or 6
shortfalls in meeting the goals; and 7
(5) any other issues or recommendations pro-8
vided by an Indian tribe under the consultation and 9
input process under subsection (c) that the Secretary 10
determines to be appropriate. 11
SEC. 4007. MAINTENANCE OF CERTAIN INDIAN RESERVA-12
TION ROADS. 13
The Commissioner of U.S. Customs and Border Protec-14
tion may transfer funds to the Director of the Bureau of 15
Indian Affairs to maintain, repair, or reconstruct roads 16
under the jurisdiction of the Director, subject to the condi-17
tion that the Commissioner and the Director shall mutually 18
agree that the primary user of the subject road is U.S. Cus-19
toms and Border Protection. 20
SEC. 4008. TRIBAL TRANSPORTATION SAFETY NEEDS. 21
(a) DEFINITIONS.—In this section: 22
(1) ALASKA NATIVE.—The term ‘‘Alaska Native’’ 23
has the meaning given the term ‘‘Native’’ in section 24
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3 of the Alaska Native Claims Settlement Act (43 1
U.S.C. 1602). 2
(2) ALASKA NATIVE VILLAGE.—The term ‘‘Alaska 3
Native village’’ has the meaning given the term ‘‘Na-4
tive village’’ in section 3 of the Alaska Native Claims 5
Settlement Act (43 U.S.C. 1602). 6
(3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has 7
the meaning given the term in section 4 of the Indian 8
Self-Determination and Education Assistance Act (25 9
U.S.C. 5304). 10
(b) BEST PRACTICES, STANDARDIZED CRASH REPORT 11
FORM.— 12
(1) IN GENERAL.—Not later than 1 year after 13
the date of enactment of this Act, the Secretary of 14
Transportation, in consultation with the Secretary, 15
Indian tribes, Alaska Native villages, and State de-16
partments of transportation shall develop— 17
(A) best practices for the compiling, anal-18
ysis, and sharing of motor vehicle crash data for 19
crashes occurring on Indian reservations and in 20
Alaska Native communities; and 21
(B) a standardized form for use by Indian 22
tribes and Alaska Native communities to carry 23
out those best practices. 24
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(2) PURPOSE.—The purpose of the best practices 1
and standardized form developed under paragraph 2
(1) shall be to improve the quality and quantity of 3
crash data available to and used by the Federal High-4
way Administration, State departments of transpor-5
tation, Indian tribes, and Alaska Native villages. 6
(3) REPORT.—On completion of the development 7
of the best practices and standardized form under 8
paragraph (1), the Secretary of Transportation shall 9
submit to the Committee on Indian Affairs of the 10
Senate and the Committee on Natural Resources of 11
the House of Representatives a report describing the 12
best practices and standardized form. 13
(c) USE OF IMARS.—The Director of the Bureau of 14
Indian Affairs shall require all law enforcement offices of 15
the Bureau, for the purpose of reporting motor vehicle crash 16
data for crashes occurring on Indian reservations and in 17
Alaska Native communities— 18
(1) to use the crash report form of the applicable 19
State; and 20
(2) to upload the information on that form to the 21
Incident Management Analysis and Reporting Sys-22
tem (IMARS) of the Department of the Interior. 23
(d) TRIBAL TRANSPORTATION PROGRAM SAFETY 24
FUNDING.—Section 202(e)(1) of title 23, United States 25
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Code, is amended by striking ‘‘2 percent’’ and inserting ‘‘4 1
percent’’. 2
SEC. 4009. OFFICE OF TRIBAL GOVERNMENT AFFAIRS. 3
Section 102 of title 49, United States Code, is amend-4
ed— 5
(1) in subsection (e)(1)— 6
(A) in the matter preceding subparagraph 7
(A), by striking ‘‘6 Assistant’’ and inserting ‘‘7 8
Assistant’’; 9
(B) in subparagraph (C), by striking ‘‘and’’ 10
after the semicolon; 11
(C) by redesignating subparagraph (D) as 12
subparagraph (E); and 13
(D) by inserting after subparagraph (C) the 14
following: 15
‘‘(D) an Assistant Secretary for Tribal Gov-16
ernment Affairs, who shall be appointed by the 17
President; and’’; and 18
(2) in subsection (f), by striking the subsection 19
designation and heading and all that follows through 20
the end of paragraph (1) and inserting the following: 21
‘‘(f) OFFICE OF TRIBAL GOVERNMENT AFFAIRS.— 22
‘‘(1) ESTABLISHMENT.—There is established in 23
the Department an Office of Tribal Government Af-24
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fairs, under the Assistant Secretary for Tribal Gov-1
ernment Affairs— 2
‘‘(A) to oversee the tribal self-governance 3
program under section 207 of title 23; 4
‘‘(B) to plan, coordinate, and implement 5
policies and programs serving Indian Tribes and 6
Tribal organizations; 7
‘‘(C) to coordinate Tribal transportation 8
programs and activities in all offices and ad-9
ministrations of the Department; and 10
‘‘(D) to be a participant in any negotiated 11
rulemakings relating to, or having an impact on, 12
projects, programs, or funding associated with 13
the Tribal transportation program under section 14
202 of title 23.’’. 15