H.R. 3684, Infrastructure Investment and Jobs Act
Summary
A Senate resolution dated August 10, 2021 states that the bill from the House of Representatives (H.R. 3684) shall pass with an amendment striking all after the enacting clause and inserting new text. The inserted text carries the short title Infrastructure Investment and Jobs Act. The table of contents begins with Division A, Surface Transportation, and Title I, Federal-Aid Highways, whose Subtitle A, Authorizations and Programs, opens with Section 11101, Authorization of appropriations.
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Cite this document
“H.R. 3684, Infrastructure Investment and Jobs Act.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117hr3684eas-bills-117hr3684eas/
, SHA-256 f8306567c11e0bf05201999ad5260d742500d3ad51d2cf30ae7948dab103400e.Full text
In the Senate of the United States,
August 10, 2021.
Resolved, That the bill from the House of Representa-
tives (H.R. 3684) entitled ‘‘An Act to authorize funds for
Federal-aid highways, highway safety programs, and transit
programs, and for other purposes.’’, do pass with the fol-
lowing
AMENDMENT:
Strike all after the enacting clause and insert the
following:
1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
2 (a) SHORT TITLE.—This Act may be cited as the ‘‘In-
3 frastructure Investment and Jobs Act’’.
4 (b) TABLE OF CONTENTS.—The table of contents for
5 this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References.
DIVISION A—SURFACE TRANSPORTATION
Sec. 10001. Short title.
Sec. 10002. Definitions.
Sec. 10003. Effective date.
2
TITLE I—FEDERAL-AID HIGHWAYS
Subtitle A—Authorizations and Programs
Sec. 11101. Authorization of appropriations.
Sec. 11102. Obligation ceiling.
Sec. 11103. Definitions.
Sec. 11104. Apportionment.
Sec. 11105. National highway performance program.
Sec. 11106. Emergency relief.
Sec. 11107. Federal share payable.
Sec. 11108. Railway-highway grade crossings.
Sec. 11109. Surface transportation block grant program.
Sec. 11110. Nationally significant freight and highway projects.
Sec. 11111. Highway safety improvement program.
Sec. 11112. Federal lands transportation program.
Sec. 11113. Federal lands access program.
Sec. 11114. National highway freight program.
Sec. 11115. Congestion mitigation and air quality improvement program.
Sec. 11116. Alaska Highway.
Sec. 11117. Toll roads, bridges, tunnels, and ferries.
Sec. 11118. Bridge investment program.
Sec. 11119. Safe routes to school.
Sec. 11120. Highway use tax evasion projects.
Sec. 11121. Construction of ferry boats and ferry terminal facilities.
Sec. 11122. Vulnerable road user research.
Sec. 11123. Wildlife crossing safety.
Sec. 11124. Consolidation of programs.
Sec. 11125. GAO report.
Sec. 11126. Territorial and Puerto Rico highway program.
Sec. 11127. Nationally significant Federal lands and Tribal projects program.
Sec. 11128. Tribal high priority projects program.
Sec. 11129. Standards.
Sec. 11130. Public transportation.
Sec. 11131. Reservation of certain funds.
Sec. 11132. Rural surface transportation grant program.
Sec. 11133. Bicycle transportation and pedestrian walkways.
Sec. 11134. Recreational trails program.
Sec. 11135. Updates to Manual on Uniform Traffic Control Devices.
Subtitle B—Planning and Performance Management
Sec. 11201. Transportation planning.
Sec. 11202. Fiscal constraint on long-range transportation plans.
Sec. 11203. State human capital plans.
Sec. 11204. Prioritization process pilot program.
Sec. 11205. Travel demand data and modeling.
Sec. 11206. Increasing safe and accessible transportation options.
Subtitle C—Project Delivery and Process Improvement
Sec. 11301. Codification of One Federal Decision.
Sec. 11302. Work zone process reviews.
Sec. 11303. Transportation management plans.
Sec. 11304. Intelligent transportation systems.
Sec. 11305. Alternative contracting methods.
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Sec. 11306. Flexibility for projects.
Sec. 11307. Improved Federal-State stewardship and oversight agreements.
Sec. 11308. Geomatic data.
Sec. 11309. Evaluation of projects within an operational right-of-way.
Sec. 11310. Preliminary engineering.
Sec. 11311. Efficient implementation of NEPA for Federal land management
projects.
Sec. 11312. National Environmental Policy Act of 1969 reporting program.
Sec. 11313. Surface transportation project delivery program written agreements.
Sec. 11314. State assumption of responsibility for categorical exclusions.
Sec. 11315. Early utility relocation prior to transportation project environmental
review.
Sec. 11316. Streamlining of section 4(f) reviews.
Sec. 11317. Categorical exclusion for projects of limited Federal assistance.
Sec. 11318. Certain gathering lines located on Federal land and Indian land.
Sec. 11319. Annual report.
Subtitle D—Climate Change
Sec. 11401. Grants for charging and fueling infrastructure.
Sec. 11402. Reduction of truck emissions at port facilities.
Sec. 11403. Carbon reduction program.
Sec. 11404. Congestion relief program.
Sec. 11405. Promoting Resilient Operations for Transformative, Efficient, and
Cost-saving Transportation (PROTECT) program.
Sec. 11406. Healthy Streets program.
Subtitle E—Miscellaneous
Sec. 11501. Additional deposits into Highway Trust Fund.
Sec. 11502. Stopping threats on pedestrians.
Sec. 11503. Transfer and sale of toll credits.
Sec. 11504. Study of impacts on roads from self-driving vehicles.
Sec. 11505. Disaster relief mobilization study.
Sec. 11506. Appalachian Regional Commission.
Sec. 11507. Denali Commission.
Sec. 11508. Requirements for transportation projects carried out through public-
private partnerships.
Sec. 11509. Reconnecting communities pilot program.
Sec. 11510. Cybersecurity tool; cyber coordinator.
Sec. 11511. Report on emerging alternative fuel vehicles and infrastructure.
Sec. 11512. Nonhighway recreational fuel study.
Sec. 11513. Buy America.
Sec. 11514. High priority corridors on the National Highway System.
Sec. 11515. Interstate weight limits.
Sec. 11516. Report on air quality improvements.
Sec. 11517. Roadside highway safety hardware.
Sec. 11518. Permeable pavements study.
Sec. 11519. Emergency relief projects.
Sec. 11520. Study on stormwater best management practices.
Sec. 11521. Stormwater best management practices reports.
Sec. 11522. Invasive plant elimination program.
Sec. 11523. Over-the-road bus tolling equity.
Sec. 11524. Bridge terminology.
Sec. 11525. Technical corrections.
Sec. 11526. Working group on covered resources.
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Sec. 11527. Blood transport vehicles.
Sec. 11528. Pollinator-friendly practices on roadsides and highway rights-of-way.
Sec. 11529. Active transportation infrastructure investment program.
Sec. 11530. Highway cost allocation study.
TITLE II—TRANSPORTATION INFRASTRUCTURE FINANCE AND
INNOVATION
Sec. 12001. Transportation Infrastructure Finance and Innovation Act of 1998
amendments.
Sec. 12002. Federal requirements for TIFIA eligibility and project selection.
TITLE III—RESEARCH, TECHNOLOGY, AND EDUCATION
Sec. 13001. Strategic innovation for revenue collection.
Sec. 13002. National motor vehicle per-mile user fee pilot.
Sec. 13003. Performance management data support program.
Sec. 13004. Data integration pilot program.
Sec. 13005. Emerging technology research pilot program.
Sec. 13006. Research and technology development and deployment.
Sec. 13007. Workforce development, training, and education.
Sec. 13008. Wildlife-vehicle collision research.
Sec. 13009. Transportation Resilience and Adaptation Centers of Excellence.
Sec. 13010. Transportation access pilot program.
TITLE IV—INDIAN AFFAIRS
Sec. 14001. Definition of Secretary.
Sec. 14002. Environmental reviews for certain tribal transportation facilities.
Sec. 14003. Programmatic agreements for tribal categorical exclusions.
Sec. 14004. Use of certain tribal transportation funds.
Sec. 14005. Bureau of Indian Affairs road maintenance program.
Sec. 14006. Study of road maintenance on Indian land.
Sec. 14007. Maintenance of certain Indian reservation roads.
Sec. 14008. Tribal transportation safety needs.
Sec. 14009. Office of Tribal Government Affairs.
DIVISION B—SURFACE TRANSPORTATION INVESTMENT ACT OF 2021
Sec. 20001. Short title.
Sec. 20002. Definitions.
TITLE I—MULTIMODAL AND FREIGHT TRANSPORTATION
Subtitle A—Multimodal Freight Policy
Sec. 21101. Office of Multimodal Freight Infrastructure and Policy.
Sec. 21102. Updates to National Freight Plan.
Sec. 21103. State collaboration with National Multimodal Freight Network.
Sec. 21104. Improving State freight plans.
Sec. 21105. Implementation of National Multimodal Freight Network.
Sec. 21106. Multi-State freight corridor planning.
Sec. 21107. State freight advisory committees.
Subtitle B—Multimodal Investment
Sec. 21201. National infrastructure project assistance.
Sec. 21202. Local and regional project assistance.
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Sec. 21203. National culvert removal, replacement, and restoration grant pro-
gram.
Sec. 21204. National multimodal cooperative freight research program.
Sec. 21205. Rural and Tribal infrastructure advancement.
Subtitle C—Railroad Rehabilitation and Improvement Financing Reforms
Sec. 21301. RRIF codification and reforms.
Sec. 21302. Substantive criteria and standards.
Sec. 21303. Semiannual report on transit-oriented development eligibility.
TITLE II—RAIL
Sec. 22001. Short title.
Subtitle A—Authorization of Appropriations
Sec. 22101. Grants to Amtrak.
Sec. 22102. Federal Railroad Administration.
Sec. 22103. Consolidated rail infrastructure and safety improvements grants.
Sec. 22104. Railroad crossing elimination program.
Sec. 22105. Restoration and enhancement grants.
Sec. 22106. Federal-State partnership for intercity passenger rail grants.
Sec. 22107. Amtrak Office of Inspector General.
Subtitle B—Amtrak Reforms
Sec. 22201. Amtrak findings, mission, and goals.
Sec. 22202. Composition of Amtrak’s Board of Directors.
Sec. 22203. Station agents.
Sec. 22204. Increasing oversight of changes to Amtrak long-distance routes and
other intercity services.
Sec. 22205. Improved oversight of Amtrak accounting.
Sec. 22206. Improved oversight of Amtrak spending.
Sec. 22207. Increasing service line and asset line plan transparency.
Sec. 22208. Passenger experience enhancement.
Sec. 22209. Amtrak smoking policy.
Sec. 22210. Protecting Amtrak routes through rural communities.
Sec. 22211. State-Supported Route Committee.
Sec. 22212. Enhancing cross border service.
Sec. 22213. Creating quality jobs.
Sec. 22214. Amtrak daily long-distance service study.
Subtitle C—Intercity Passenger Rail Policy
Sec. 22301. Northeast Corridor planning.
Sec. 22302. Northeast Corridor Commission.
Sec. 22303. Consolidated rail infrastructure and safety improvements.
Sec. 22304. Restoration and enhancement grants.
Sec. 22305. Railroad crossing elimination program.
Sec. 22306. Interstate rail compacts.
Sec. 22307. Federal-State partnership for intercity passenger rail grants.
Sec. 22308. Corridor identification and development program.
Sec. 22309. Surface Transportation Board passenger rail program.
Subtitle D—Rail Safety
Sec. 22401. Railway-highway crossings program evaluation.
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Sec. 22402. Grade crossing accident prediction model.
Sec. 22403. Periodic updates to highway-rail crossing reports and plans.
Sec. 22404. Blocked crossing portal.
Sec. 22405. Data accessibility.
Sec. 22406. Emergency lighting.
Sec. 22407. Comprehensive rail safety review of Amtrak.
Sec. 22408. Completion of hours of service and fatigue studies.
Sec. 22409. Positive train control study.
Sec. 22410. Operating crew member training, qualification, and certification.
Sec. 22411. Transparency and safety.
Sec. 22412. Research and development.
Sec. 22413. Rail research and development center of excellence.
Sec. 22414. Quarterly report on positive train control system performance.
Sec. 22415. Speed limit action plans.
Sec. 22416. New passenger service pre-revenue safety validation plan.
Sec. 22417. Federal Railroad Administration accident and incident investiga-
tions.
Sec. 22418. Civil penalty enforcement authority.
Sec. 22419. Advancing safety and innovative technology.
Sec. 22420. Passenger rail vehicle occupant protection systems.
Sec. 22421. Federal Railroad Administration reporting requirements.
Sec. 22422. National Academies study on trains longer than 7,500 feet.
Sec. 22423. High-speed train noise emissions.
Sec. 22424. Critical incident stress plans.
Sec. 22425. Requirements for railroad freight cars placed into service in the
United States.
Sec. 22426. Railroad point of contact for public safety issues.
Sec. 22427. Controlled substances testing for mechanical employees.
TITLE III—MOTOR CARRIER SAFETY
Sec. 23001. Authorization of appropriations.
Sec. 23002. Motor carrier safety advisory committee.
Sec. 23003. Combating human trafficking.
Sec. 23004. Immobilization grant program.
Sec. 23005. Commercial motor vehicle enforcement training and support.
Sec. 23006. Study of commercial motor vehicle crash causation.
Sec. 23007. Promoting women in the trucking workforce.
Sec. 23008. State inspection of passenger-carrying commercial motor vehicles.
Sec. 23009. Truck Leasing Task Force.
Sec. 23010. Automatic emergency braking.
Sec. 23011. Underride protection.
Sec. 23012. Providers of recreational activities.
Sec. 23013. Amendments to regulations relating to transportation of household
goods in interstate commerce.
Sec. 23014. Improving Federal-State motor carrier safety enforcement coordina-
tion.
Sec. 23015. Limousine research.
Sec. 23016. National Consumer Complaint Database.
Sec. 23017. Electronic logging device oversight.
Sec. 23018. Transportation of agricultural commodities and farm supplies.
Sec. 23019. Modification of restrictions on certain commercial driver’s licenses.
Sec. 23020. Report on human trafficking violations involving commercial motor
vehicles.
Sec. 23021. Broker guidance relating to Federal motor carrier safety regulations.
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Sec. 23022. Apprenticeship pilot program.
Sec. 23023. Limousine compliance with Federal safety standards.
TITLE IV—HIGHWAY AND MOTOR VEHICLE SAFETY
Subtitle A—Highway Traffic Safety
Sec. 24101. Authorization of appropriations.
Sec. 24102. Highway safety programs.
Sec. 24103. Highway safety research and development.
Sec. 24104. High-visibility enforcement programs.
Sec. 24105. National priority safety programs.
Sec. 24106. Multiple substance-impaired driving prevention.
Sec. 24107. Minimum penalties for repeat offenders for driving while intoxicated
or driving under the influence.
Sec. 24108. Crash data.
Sec. 24109. Review of Move Over or Slow Down Law public awareness.
Sec. 24110. Review of laws, safety measures, and technologies relating to school
buses.
Sec. 24111. Motorcyclist Advisory Council.
Sec. 24112. Safe Streets and Roads for All grant program.
Sec. 24113. Implementation of GAO recommendations.
Subtitle B—Vehicle Safety
Sec. 24201. Authorization of appropriations.
Sec. 24202. Recall completion.
Sec. 24203. Recall engagement.
Sec. 24204. Motor vehicle seat back safety standards.
Sec. 24205. Automatic shutoff.
Sec. 24206. Petitions by interested persons for standards and enforcement.
Sec. 24207. Child safety seat accessibility study.
Sec. 24208. Crash avoidance technology.
Sec. 24209. Reduction of driver distraction.
Sec. 24210. Rulemaking report.
Sec. 24211. Global harmonization.
Sec. 24212. Headlamps.
Sec. 24213. New Car Assessment Program.
Sec. 24214. Hood and bumper standards.
Sec. 24215. Emergency medical services and 9–1–1.
Sec. 24216. Early warning reporting.
Sec. 24217. Improved vehicle safety databases.
Sec. 24218. National Driver Register Advisory Committee repeal.
Sec. 24219. Research on connected vehicle technology.
Sec. 24220. Advanced impaired driving technology.
Sec. 24221. GAO report on crash dummies.
Sec. 24222. Child safety.
TITLE V—RESEARCH AND INNOVATION
Sec. 25001. Intelligent Transportation Systems Program Advisory Committee.
Sec. 25002. Smart Community Resource Center.
Sec. 25003. Federal support for local decisionmaking.
Sec. 25004. Bureau of Transportation Statistics.
Sec. 25005. Strengthening mobility and revolutionizing transportation grant pro-
gram.
Sec. 25006. Electric vehicle working group.
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Sec. 25007. Risk and system resilience.
Sec. 25008. Coordination on emerging transportation technology.
Sec. 25009. Interagency Infrastructure Permitting Improvement Center.
Sec. 25010. Rural opportunities to use transportation for economic success initia-
tive.
Sec. 25011. Safety data initiative.
Sec. 25012. Advanced transportation research.
Sec. 25013. Open research initiative.
Sec. 25014. Transportation research and development 5-year strategic plan.
Sec. 25015. Research planning modifications.
Sec. 25016. Incorporation of Department of Transportation research.
Sec. 25017. University transportation centers program.
Sec. 25018. National travel and tourism infrastructure strategic plan.
Sec. 25019. Local hiring preference for construction jobs.
Sec. 25020. Transportation workforce development.
Sec. 25021. Intermodal Transportation Advisory Board repeal.
Sec. 25022. GAO cybersecurity recommendations.
Sec. 25023. Volpe oversight.
Sec. 25024. Modifications to grant program.
Sec. 25025. Drug-impaired driving data collection.
Sec. 25026. Report on marijuana research.
Sec. 25027. GAO study on improving the efficiency of traffic systems.
TITLE VI—HAZARDOUS MATERIALS
Sec. 26001. Authorization of appropriations.
Sec. 26002. Assistance for local emergency response training grant program.
Sec. 26003. Real-time emergency response information.
TITLE VII—GENERAL PROVISIONS
Sec. 27001. Performance measurement, transparency, and accountability.
Sec. 27002. Coordination regarding forced labor.
Sec. 27003. Department of Transportation spectrum audit.
Sec. 27004. Study and reports on the travel and tourism activities of the Depart-
ment.
TITLE VIII—SPORT FISH RESTORATION AND RECREATIONAL
BOATING SAFETY
Sec. 28001. Sport fish restoration and recreational boating safety.
DIVISION C—TRANSIT
Sec. 30001. Definitions.
Sec. 30002. Metropolitan transportation planning.
Sec. 30003. Statewide and nonmetropolitan transportation planning.
Sec. 30004. Planning programs.
Sec. 30005. Fixed guideway capital investment grants.
Sec. 30006. Formula grants for rural areas.
Sec. 30007. Public transportation innovation.
Sec. 30008. Bus testing facilities.
Sec. 30009. Transit-oriented development.
Sec. 30010. General provisions.
Sec. 30011. Public transportation emergency relief program.
Sec. 30012. Public transportation safety program.
Sec. 30013. Administrative provisions.
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Sec. 30014. National transit database.
Sec. 30015. Apportionment of appropriations for formula grants.
Sec. 30016. State of good repair grants.
Sec. 30017. Authorizations.
Sec. 30018. Grants for buses and bus facilities.
Sec. 30019. Washington Metropolitan Area Transit Authority safety, account-
ability, and investment.
DIVISION D—ENERGY
Sec. 40001. Definitions.
TITLE I—GRID INFRASTRUCTURE AND RESILIENCY
Subtitle A—Grid Infrastructure Resilience and Reliability
Sec. 40101. Preventing outages and enhancing the resilience of the electric grid.
Sec. 40102. Hazard mitigation using disaster assistance.
Sec. 40103. Electric grid reliability and resilience research, development, and
demonstration.
Sec. 40104. Utility demand response.
Sec. 40105. Siting of interstate electric transmission facilities.
Sec. 40106. Transmission facilitation program.
Sec. 40107. Deployment of technologies to enhance grid flexibility.
Sec. 40108. State energy security plans.
Sec. 40109. State energy program.
Sec. 40110. Power marketing administration transmission borrowing authority.
Sec. 40111. Study of codes and standards for use of energy storage systems across
sectors.
Sec. 40112. Demonstration of electric vehicle battery second-life applications for
grid services.
Sec. 40113. Columbia Basin power management.
Subtitle B—Cybersecurity
Sec. 40121. Enhancing grid security through public-private partnerships.
Sec. 40122. Energy Cyber Sense program.
Sec. 40123. Incentives for advanced cybersecurity technology investment.
Sec. 40124. Rural and municipal utility advanced cybersecurity grant and tech-
nical assistance program.
Sec. 40125. Enhanced grid security.
Sec. 40126. Cybersecurity plan.
Sec. 40127. Savings provision.
TITLE II—SUPPLY CHAINS FOR CLEAN ENERGY TECHNOLOGIES
Sec. 40201. Earth Mapping Resources Initiative.
Sec. 40202. National Cooperative Geologic Mapping Program.
Sec. 40203. National Geological and Geophysical Data Preservation Program.
Sec. 40204. USGS energy and minerals research facility.
Sec. 40205. Rare earth elements demonstration facility.
Sec. 40206. Critical minerals supply chains and reliability.
Sec. 40207. Battery processing and manufacturing.
Sec. 40208. Electric drive vehicle battery recycling and second-life applications
program.
Sec. 40209. Advanced energy manufacturing and recycling grant program.
Sec. 40210. Critical minerals mining and recycling research.
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Sec. 40211. 21st Century Energy Workforce Advisory Board.
TITLE III—FUELS AND TECHNOLOGY INFRASTRUCTURE
INVESTMENTS
Subtitle A—Carbon Capture, Utilization, Storage, and Transportation
Infrastructure
Sec. 40301. Findings.
Sec. 40302. Carbon utilization program.
Sec. 40303. Carbon capture technology program.
Sec. 40304. Carbon dioxide transportation infrastructure finance and innovation.
Sec. 40305. Carbon storage validation and testing.
Sec. 40306. Secure geologic storage permitting.
Sec. 40307. Geologic carbon sequestration on the outer Continental Shelf.
Sec. 40308. Carbon removal.
Subtitle B—Hydrogen Research and Development
Sec. 40311. Findings; purpose.
Sec. 40312. Definitions.
Sec. 40313. Clean hydrogen research and development program.
Sec. 40314. Additional clean hydrogen programs.
Sec. 40315. Clean hydrogen production qualifications.
Subtitle C—Nuclear Energy Infrastructure
Sec. 40321. Infrastructure planning for micro and small modular nuclear reac-
tors.
Sec. 40322. Property interests relating to certain projects and protection of infor-
mation relating to certain agreements.
Sec. 40323. Civil nuclear credit program.
Subtitle D—Hydropower
Sec. 40331. Hydroelectric production incentives.
Sec. 40332. Hydroelectric efficiency improvement incentives.
Sec. 40333. Maintaining and enhancing hydroelectricity incentives.
Sec. 40334. Pumped storage hydropower wind and solar integration and system
reliability initiative.
Sec. 40335. Authority for pumped storage hydropower development using mul-
tiple Bureau of Reclamation reservoirs.
Sec. 40336. Limitations on issuance of certain leases of power privilege.
Subtitle E—Miscellaneous
Sec. 40341. Solar energy technologies on current and former mine land.
Sec. 40342. Clean energy demonstration program on current and former mine
land.
Sec. 40343. Leases, easements, and rights-of-way for energy and related purposes
on the outer Continental Shelf.
TITLE IV—ENABLING ENERGY INFRASTRUCTURE INVESTMENT AND
DATA COLLECTION
Subtitle A—Department of Energy Loan Program
Sec. 40401. Department of Energy loan programs.
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Subtitle B—Energy Information Administration
Sec. 40411. Definitions.
Sec. 40412. Data collection in the electricity sector.
Sec. 40413. Expansion of energy consumption surveys.
Sec. 40414. Data collection on electric vehicle integration with the electricity
grids.
Sec. 40415. Plan for the modeling and forecasting of demand for minerals used
in the energy sector.
Sec. 40416. Expansion of international energy data.
Sec. 40417. Plan for the National Energy Modeling System.
Sec. 40418. Report on costs of carbon abatement in the electricity sector.
Sec. 40419. Harmonization of efforts and data.
Subtitle C—Miscellaneous
Sec. 40431. Consideration of measures to promote greater electrification of the
transportation sector.
Sec. 40432. Office of public participation.
Sec. 40433. Digital climate solutions report.
Sec. 40434. Study and report by the Secretary of Energy on job loss and impacts
on consumer energy costs due to the revocation of the permit for
the Keystone XL pipeline.
Sec. 40435. Study on impact of electric vehicles.
Sec. 40436. Study on impact of forced labor in China on the electric vehicle sup-
ply chain.
TITLE V—ENERGY EFFICIENCY AND BUILDING INFRASTRUCTURE
Subtitle A—Residential and Commercial Energy Efficiency
Sec. 40501. Definitions.
Sec. 40502. Energy efficiency revolving loan fund capitalization grant program.
Sec. 40503. Energy auditor training grant program.
Subtitle B—Buildings
Sec. 40511. Cost-effective codes implementation for efficiency and resilience.
Sec. 40512. Building, training, and assessment centers.
Sec. 40513. Career skills training.
Sec. 40514. Commercial building energy consumption information sharing.
Subtitle C—Industrial Energy Efficiency
PART I—INDUSTRY
Sec. 40521. Future of industry program and industrial research and assessment
centers.
Sec. 40522. Sustainable manufacturing initiative.
PART II—SMART MANUFACTURING
Sec. 40531. Definitions.
Sec. 40532. Leveraging existing agency programs to assist small and medium
manufacturers.
Sec. 40533. Leveraging smart manufacturing infrastructure at National Labora-
tories.
Sec. 40534. State manufacturing leadership.
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Sec. 40535. Report.
Subtitle D—Schools and Nonprofits
Sec. 40541. Grants for energy efficiency improvements and renewable energy im-
provements at public school facilities.
Sec. 40542. Energy efficiency materials pilot program.
Subtitle E—Miscellaneous
Sec. 40551. Weatherization assistance program.
Sec. 40552. Energy Efficiency and Conservation Block Grant Program.
Sec. 40553. Survey, analysis, and report on employment and demographics in the
energy, energy efficiency, and motor vehicle sectors of the United
States.
Sec. 40554. Assisting Federal Facilities with Energy Conservation Technologies
grant program.
Sec. 40555. Rebates.
Sec. 40556. Model guidance for combined heat and power systems and waste heat
to power systems.
TITLE VI—METHANE REDUCTION INFRASTRUCTURE
Sec. 40601. Orphaned well site plugging, remediation, and restoration.
TITLE VII—ABANDONED MINE LAND RECLAMATION
Sec. 40701. Abandoned Mine Reclamation Fund authorization of appropriations.
Sec. 40702. Abandoned mine reclamation fee.
Sec. 40703. Amounts distributed from Abandoned Mine Reclamation Fund.
Sec. 40704. Abandoned hardrock mine reclamation.
TITLE VIII—NATURAL RESOURCES-RELATED INFRASTRUCTURE,
WILDFIRE MANAGEMENT, AND ECOSYSTEM RESTORATION
Sec. 40801. Forest Service Legacy Road and Trail Remediation Program.
Sec. 40802. Study and report on feasibility of revegetating reclaimed mine sites.
Sec. 40803. Wildfire risk reduction.
Sec. 40804. Ecosystem restoration.
Sec. 40805. GAO study.
Sec. 40806. Establishment of fuel breaks in forests and other wildland vegetation.
Sec. 40807. Emergency actions.
Sec. 40808. Joint Chiefs Landscape Restoration Partnership program.
TITLE IX—WESTERN WATER INFRASTRUCTURE
Sec. 40901. Authorizations of appropriations.
Sec. 40902. Water storage, groundwater storage, and conveyance projects.
Sec. 40903. Small water storage and groundwater storage projects.
Sec. 40904. Critical maintenance and repair.
Sec. 40905. Competitive grant program for large-scale water recycling and reuse
program.
Sec. 40906. Drought contingency plan funding requirements.
Sec. 40907. Multi-benefit projects to improve watershed health.
Sec. 40908. Eligible desalination projects.
Sec. 40909. Clarification of authority to use coronavirus fiscal recovery funds to
meet a non-Federal matching requirement for authorized Bureau
of Reclamation water projects.
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Sec. 40910. Federal assistance for groundwater recharge, aquifer storage, and
water source substitution projects.
TITLE X—AUTHORIZATION OF APPROPRIATIONS FOR ENERGY ACT
OF 2020
Sec. 41001. Energy storage demonstration projects.
Sec. 41002. Advanced reactor demonstration program.
Sec. 41003. Mineral security projects.
Sec. 41004. Carbon capture demonstration and pilot programs.
Sec. 41005. Direct air capture technologies prize competitions.
Sec. 41006. Water power projects.
Sec. 41007. Renewable energy projects.
Sec. 41008. Industrial emissions demonstration projects.
TITLE XI—WAGE RATE REQUIREMENTS
Sec. 41101. Wage rate requirements.
TITLE XII—MISCELLANEOUS
Sec. 41201. Office of Clean Energy Demonstrations.
Sec. 41202. Extension of Secure Rural Schools and Community Self-Determina-
tion Act of 2000.
DIVISION E—DRINKING WATER AND WASTEWATER
INFRASTRUCTURE
Sec. 50001. Short title.
Sec. 50002. Definition of Administrator.
TITLE I—DRINKING WATER
Sec. 50101. Technical assistance and grants for emergencies affecting public
water systems.
Sec. 50102. Drinking water State revolving loan funds.
Sec. 50103. Source water petition program.
Sec. 50104. Assistance for small and disadvantaged communities.
Sec. 50105. Reducing lead in drinking water.
Sec. 50106. Operational sustainability of small public water systems.
Sec. 50107. Midsize and large drinking water system infrastructure resilience and
sustainability program.
Sec. 50108. Needs assessment for nationwide rural and urban low-income commu-
nity water assistance.
Sec. 50109. Rural and low-income water assistance pilot program.
Sec. 50110. Lead contamination in school drinking water.
Sec. 50111. Indian reservation drinking water program.
Sec. 50112. Advanced drinking water technologies.
Sec. 50113. Cybersecurity support for public water systems.
Sec. 50114. State response to contaminants.
Sec. 50115. Annual study on boil water advisories.
TITLE II—CLEAN WATER
Sec. 50201. Research, investigations, training, and information.
Sec. 50202. Wastewater efficiency grant pilot program.
Sec. 50203. Pilot program for alternative water source projects.
Sec. 50204. Sewer overflow and stormwater reuse municipal grants.
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Sec. 50205. Clean water infrastructure resiliency and sustainability program.
Sec. 50206. Small and medium publicly owned treatment works circuit rider pro-
gram.
Sec. 50207. Small publicly owned treatment works efficiency grant program.
Sec. 50208. Grants for construction and refurbishing of individual household de-
centralized wastewater systems for individuals with low or mod-
erate income.
Sec. 50209. Connection to publicly owned treatment works.
Sec. 50210. Clean water State revolving funds.
Sec. 50211. Water infrastructure and workforce investment.
Sec. 50212. Grants to Alaska to improve sanitation in rural and Native villages.
Sec. 50213. Water data sharing pilot program.
Sec. 50214. Final rating opinion letters.
Sec. 50215. Water infrastructure financing reauthorization.
Sec. 50216. Small and disadvantaged community analysis.
Sec. 50217. Stormwater infrastructure technology.
Sec. 50218. Water Reuse Interagency Working Group.
Sec. 50219. Advanced clean water technologies study.
Sec. 50220. Clean watersheds needs survey.
Sec. 50221. Water Resources Research Act amendments.
Sec. 50222. Enhanced aquifer use and recharge.
DIVISION F—BROADBAND
TITLE I—BROADBAND GRANTS FOR STATES, DISTRICT OF
COLUMBIA, PUERTO RICO, AND TERRITORIES
Sec. 60101. Findings.
Sec. 60102. Grants for broadband deployment.
Sec. 60103. Broadband DATA maps.
Sec. 60104. Report on future of Universal Service Fund.
Sec. 60105. Broadband deployment locations map.
TITLE II—TRIBAL CONNECTIVITY TECHNICAL AMENDMENTS.
Sec. 60201. Tribal connectivity technical amendments.
TITLE III—DIGITAL EQUITY ACT OF 2021
Sec. 60301. Short title.
Sec. 60302. Definitions.
Sec. 60303. Sense of Congress.
Sec. 60304. State Digital Equity Capacity Grant Program.
Sec. 60305. Digital Equity Competitive Grant Program.
Sec. 60306. Policy research, data collection, analysis and modeling, evaluation,
and dissemination.
Sec. 60307. General provisions.
TITLE IV—ENABLING MIDDLE MILE BROADBAND INFRASTRUCTURE
Sec. 60401. Enabling middle mile broadband infrastructure.
TITLE V—BROADBAND AFFORDABILITY
Sec. 60501. Definitions.
Sec. 60502. Broadband affordability.
Sec. 60503. Coordination with certain other Federal agencies.
Sec. 60504. Adoption of consumer broadband labels.
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Sec. 60505. GAO report.
Sec. 60506. Digital discrimination.
TITLE VI—TELECOMMUNICATIONS INDUSTRY WORKFORCE
Sec. 60601. Short title.
Sec. 60602. Telecommunications interagency working group.
Sec. 60603. Telecommunications workforce guidance.
Sec. 60604. GAO assessment of workforce needs of the telecommunications indus-
try.
DIVISION G—OTHER AUTHORIZATIONS
TITLE I—INDIAN WATER RIGHTS SETTLEMENT COMPLETION FUND
Sec. 70101. Indian Water Rights Settlement Completion Fund.
TITLE II—WILDFIRE MITIGATION
Sec. 70201. Short title.
Sec. 70202. Definitions.
Sec. 70203. Establishment of Commission.
Sec. 70204. Duties of Commission.
Sec. 70205. Powers of Commission.
Sec. 70206. Commission personnel matters.
Sec. 70207. Termination of Commission.
TITLE III—REFORESTATION
Sec. 70301. Short title.
Sec. 70302. Reforestation following wildfires and other unplanned events.
Sec. 70303. Report.
TITLE IV—RECYCLING PRACTICES
Sec. 70401. Best practices for battery recycling and labeling guidelines.
Sec. 70402. Consumer recycling education and outreach grant program; Federal
procurement.
TITLE V—BIOPRODUCT PILOT PROGRAM
Sec. 70501. Pilot program on use of agricultural commodities in construction and
consumer products.
TITLE VI—CYBERSECURITY
Subtitle A—Cyber Response and Recovery Act
Sec. 70601. Short title.
Sec. 70602. Declaration of a significant incident.
Subtitle B—State and Local Cybersecurity Improvement Act
Sec. 70611. Short title.
Sec. 70612. State and Local Cybersecurity Grant Program.
TITLE VII—PUBLIC-PRIVATE PARTNERSHIPS
Sec. 70701. Value for money analysis.
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TITLE VIII—FEDERAL PERMITTING IMPROVEMENT
Sec. 70801. Federal permitting improvement.
TITLE IX—BUILD AMERICA, BUY AMERICA
Subtitle A—Build America, Buy America
Sec. 70901. Short title.
PART I—BUY AMERICA SOURCING REQUIREMENTS
Sec. 70911. Findings.
Sec. 70912. Definitions.
Sec. 70913. Identification of deficient programs.
Sec. 70914. Application of Buy America preference.
Sec. 70915. OMB guidance and standards.
Sec. 70916. Technical assistance partnership and consultation supporting De-
partment of Transportation Buy America requirements.
Sec. 70917. Application.
PART II—MAKE IT IN AMERICA
Sec. 70921. Regulations relating to Buy American Act.
Sec. 70922. Amendments relating to Buy American Act.
Sec. 70923. Made in America Office.
Sec. 70924. Hollings Manufacturing Extension Partnership activities.
Sec. 70925. United States obligations under international agreements.
Sec. 70926. Definitions.
Sec. 70927. Prospective amendments to internal cross-references.
Subtitle B—BuyAmerican.gov
Sec. 70931. Short title.
Sec. 70932. Definitions.
Sec. 70933. Sense of Congress on buying American.
Sec. 70934. Assessment of impact of free trade agreements.
Sec. 70935. Judicious use of waivers.
Sec. 70936. Establishment of BuyAmerican.gov website.
Sec. 70937. Waiver Transparency and Streamlining for contracts.
Sec. 70938. Comptroller General report.
Sec. 70939. Rules of construction.
Sec. 70940. Consistency with international agreements.
Sec. 70941. Prospective amendments to internal cross-references.
Subtitle C—Make PPE in America
Sec. 70951. Short title.
Sec. 70952. Findings.
Sec. 70953. Requirement of long-term contracts for domestically manufactured
personal protective equipment.
TITLE X—ASSET CONCESSIONS
Sec. 71001. Asset concessions.
TITLE XI—CLEAN SCHOOL BUSES AND FERRIES
Sec. 71101. Clean school bus program.
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Sec. 71102. Electric or low-emitting ferry pilot program.
Sec. 71103. Ferry service for rural communities.
Sec. 71104. Expanding the funding authority for renovating, constructing, and
expanding certain facilities.
DIVISION H—REVENUE PROVISIONS
TITLE I—HIGHWAY TRUST FUND
Sec. 80101. Extension of Highway Trust Fund expenditure authority.
Sec. 80102. Extension of highway-related taxes.
Sec. 80103. Further additional transfers to trust fund.
TITLE II—CHEMICAL SUPERFUND
Sec. 80201. Extension and modification of certain superfund excise taxes.
TITLE III—CUSTOMS USER FEES
Sec. 80301. Extension of customs user fees.
TITLE IV—BOND PROVISIONS
Sec. 80401. Private activity bonds for qualified broadband projects.
Sec. 80402. Carbon dioxide capture facilities.
Sec. 80403. Increase in national limitation amount for qualified highway or sur-
face freight transportation facilities.
TITLE V—RELIEF FOR TAXPAYERS AFFECTED BY DISASTERS OR
OTHER CRITICAL EVENTS
Sec. 80501. Modification of automatic extension of certain deadlines in the case
of taxpayers affected by Federally declared disasters.
Sec. 80502. Modifications of rules for postponing certain acts by reason of service
in combat zone or contingency operation.
Sec. 80503. Tolling of time for filing a petition with the tax court.
Sec. 80504. Authority to postpone certain tax deadlines by reason of significant
fires.
TITLE VI—OTHER PROVISIONS
Sec. 80601. Modification of tax treatment of contributions to the capital of a cor-
poration.
Sec. 80602. Extension of interest rate stabilization.
Sec. 80603. Information reporting for brokers and digital assets.
Sec. 80604. Termination of employee retention credit for employers subject to clo-
sure due to COVID–19.
DIVISION I—OTHER MATTERS
Sec. 90001. Extension of direct spending reductions through fiscal year 2031.
Sec. 90002. Strategic Petroleum Reserve drawdown and sale.
Sec. 90003. Findings regarding unused unemployment insurance funds.
Sec. 90004. Requiring manufacturers of certain single-dose container or single-use
package drugs payable under part B of the Medicare program
to provide refunds with respect to discarded amounts of such
drugs.
Sec. 90005. Extension of enterprise guarantee fees.
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Sec. 90006. Moratorium on implementation of rule relating to eliminating the
anti-kickback statute safe harbor protection for prescription drug
rebates.
Sec. 90007. Rescission of COVID–19 appropriations.
Sec. 90008. Spectrum auctions.
DIVISION J—APPROPRIATIONS
TITLE I—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES
TITLE II—COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
TITLE III—ENERGY AND WATER DEVELOPMENT AND RELATED
AGENCIES
TITLE IV—FINANCIAL SERVICES AND GENERAL GOVERNMENT
TITLE V—DEPARTMENT OF HOMELAND SECURITY
TITLE VI—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND
RELATED AGENCIES
TITLE VII—LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES
TITLE VIII—TRANSPORTATION, HOUSING AND URBAN
DEVELOPMENT, AND RELATED AGENCIES
TITLE IX—GENERAL PROVISIONS—THIS DIVISION
DIVISION K—MINORITY BUSINESS DEVELOPMENT
Sec. 100001. Short title.
Sec. 100002. Definitions.
Sec. 100003. Minority Business Development Agency.
TITLE I—EXISTING INITIATIVES
Subtitle A—Market Development, Research, and Information
Sec. 100101. Private sector development.
Sec. 100102. Public sector development.
Sec. 100103. Research and information.
Subtitle B—Minority Business Development Agency Business Center Program
Sec. 100111. Definition.
Sec. 100112. Purpose.
Sec. 100113. Establishment.
Sec. 100114. Grants and cooperative agreements.
Sec. 100115. Minimizing disruptions to existing MBDA Business Center pro-
gram.
Sec. 100116. Publicity.
TITLE II—NEW INITIATIVES TO PROMOTE ECONOMIC RESILIENCY
FOR MINORITY BUSINESSES
Sec. 100201. Annual diverse business forum on capital formation.
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Sec. 100202. Agency study on alternative financing solutions.
Sec. 100203. Educational development relating to management and entrepreneur-
ship.
TITLE III—RURAL MINORITY BUSINESS CENTER PROGRAM
Sec. 100301. Definitions.
Sec. 100302. Business centers.
Sec. 100303. Report to Congress.
Sec. 100304. Study and report.
TITLE IV—MINORITY BUSINESS DEVELOPMENT GRANTS
Sec. 100401. Grants to nonprofit organizations that support minority business
enterprises.
TITLE V—MINORITY BUSINESS ENTERPRISES ADVISORY COUNCIL
Sec. 100501. Purpose.
Sec. 100502. Composition and term.
Sec. 100503. Duties.
TITLE VI—FEDERAL COORDINATION OF MINORITY BUSINESS
PROGRAMS
Sec. 100601. General duties.
Sec. 100602. Participation of Federal departments and agencies.
TITLE VII—ADMINISTRATIVE POWERS OF THE AGENCY;
MISCELLANEOUS PROVISIONS
Sec. 100701. Administrative powers.
Sec. 100702. Federal assistance.
Sec. 100703. Recordkeeping.
Sec. 100704. Review and report by Comptroller General.
Sec. 100705. Biannual reports; recommendations.
Sec. 100706. Separability.
Sec. 100707. Executive Order 11625.
Sec. 100708. Authorization of appropriations.
1 SEC. 2. REFERENCES.
2 Except as expressly provided otherwise, any reference
3 to ‘‘this Act’’ contained in any division of this Act shall
4 be treated as referring only to the provisions of that divi-
5 sion.
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1 DIVISION A—SURFACE
2 TRANSPORTATION
3 SEC. 10001. SHORT TITLE.
4 This division may be cited as the ‘‘Surface Transpor-
5 tation Reauthorization Act of 2021’’.
6 SEC. 10002. DEFINITIONS.
7 In this division:
8 (1) DEPARTMENT.—The term ‘‘Department’’
9 means the Department of Transportation.
10 (2) SECRETARY.—The term ‘‘Secretary’’ means
11 the Secretary of Transportation.
12 SEC. 10003. EFFECTIVE DATE.
13 Except as otherwise provided, this division and the
14 amendments made by this division take effect on October
15 1, 2021.
16 TITLE I—FEDERAL-AID
17 HIGHWAYS
18 Subtitle A—Authorizations and
19 Programs
20 SEC. 11101. AUTHORIZATION OF APPROPRIATIONS.
21 (a) IN GENERAL.—The following amounts are author-
22 ized to be appropriated out of the Highway Trust Fund
23 (other than the Mass Transit Account):
24 (1) FEDERAL-AID HIGHWAY PROGRAM.—For the
25 national highway performance program under section
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1 119 of title 23, United States Code, the surface trans-
2 portation block grant program under section 133 of
3 that title, the highway safety improvement program
4 under section 148 of that title, the congestion mitiga-
5 tion and air quality improvement program under sec-
6 tion 149 of that title, the national highway freight
7 program under section 167 of that title, the carbon re-
8 duction program under section 175 of that title, to
9 carry out subsection (c) of the PROTECT program
10 under section 176 of that title, and to carry out sec-
11 tion 134 of that title—
12 (A) $52,488,065,375 for fiscal year 2022;
13 (B) $53,537,826,683 for fiscal year 2023;
14 (C) $54,608,583,217 for fiscal year 2024;
15 (D) $55,700,754,881 for fiscal year 2025;
16 and
17 (E) $56,814,769,844 for fiscal year 2026.
18 (2) TRANSPORTATION INFRASTRUCTURE FINANCE
19 AND INNOVATION PROGRAM.—For credit assistance
20 under the transportation infrastructure finance and
21 innovation program under chapter 6 of title 23,
22 United States Code, $250,000,000 for each of fiscal
23 years 2022 through 2026.
24 (3) FEDERAL LANDS AND TRIBAL TRANSPOR-
25 TATION PROGRAMS.—
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1 (A) TRIBAL TRANSPORTATION PROGRAM.—
2 For the tribal transportation program under sec-
3 tion 202 of title 23, United States Code—
4 (i) $578,460,000 for fiscal year 2022;
5 (ii) $589,960,000 for fiscal year 2023;
6 (iii) $602,460,000 for fiscal year 2024;
7 (iv) $612,960,000 for fiscal year 2025;
8 and
9 (v) $627,960,000 for fiscal year 2026.
10 (B) FEDERAL LANDS TRANSPORTATION PRO-
11 GRAM.—
12 (i) IN GENERAL.—For the Federal
13 lands transportation program under section
14 203 of title 23, United States Code—
15 (I) $421,965,000 for fiscal year
16 2022;
17 (II) $429,965,000 for fiscal year
18 2023;
19 (III) $438,965,000 for fiscal year
20 2024;
21 (IV) $447,965,000 for fiscal year
22 2025; and
23 (V) $455,965,000 for fiscal year
24 2026.
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1 (ii) ALLOCATION.—Of the amount
2 made available for a fiscal year under
3 clause (i)—
4 (I) the amount for the National
5 Park Service is—
6 (aa) $332,427,450 for fiscal
7 year 2022;
8 (bb) $338,867,450 for fiscal
9 year 2023;
10 (cc) $346,237,450 for fiscal
11 year 2024;
12 (dd) $353,607,450 for fiscal
13 year 2025; and
14 (ee) $360,047,450 for fiscal
15 year 2026;
16 (II) the amount for the United
17 States Fish and Wildlife Service is
18 $36,000,000 for each of fiscal years
19 2022 through 2026; and
20 (III) the amount for the Forest
21 Service is—
22 (aa) $24,000,000 for fiscal
23 year 2022;
24 (bb) $25,000,000 for fiscal
25 year 2023;
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1 (cc) $26,000,000 for fiscal
2 year 2024;
3 (dd) $27,000,000 for fiscal
4 year 2025; and
5 (ee) $28,000,000 for fiscal
6 year 2026.
7 (C) FEDERAL LANDS ACCESS PROGRAM.—
8 For the Federal lands access program under sec-
9 tion 204 of title 23, United States Code—
10 (i) $285,975,000 for fiscal year 2022;
11 (ii) $291,975,000 for fiscal year 2023;
12 (iii) $296,975,000 for fiscal year 2024;
13 (iv) $303,975,000 for fiscal year 2025;
14 and
15 (v) $308,975,000 for fiscal year 2026.
16 (4) TERRITORIAL AND PUERTO RICO HIGHWAY
17 PROGRAM.—For the territorial and Puerto Rico high-
18 way program under section 165 of title 23, United
19 States Code—
20 (A) $219,000,000 for fiscal year 2022;
21 (B) $224,000,000 for fiscal year 2023;
22 (C) $228,000,000 for fiscal year 2024;
23 (D) $232,500,000 for fiscal year 2025; and
24 (E) $237,000,000 for fiscal year 2026.
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1 (5) NATIONALLY SIGNIFICANT FREIGHT AND
2 HIGHWAY PROJECTS.—For nationally significant
3 freight and highway projects under section 117 of title
4 23, United States Code—
5 (A) $1,000,000,000 for fiscal year 2022;
6 (B) $1,000,000,000 for fiscal year 2023;
7 (C) $1,000,000,000 for fiscal year 2024;
8 (D) $900,000,000 for fiscal year 2025; and
9 (E) $900,000,000 for fiscal year 2026.
10 (b) OTHER PROGRAMS.—
11 (1) IN GENERAL.—The following amounts are
12 authorized to be appropriated out of the Highway
13 Trust Fund (other than the Mass Transit Account):
14 (A) BRIDGE INVESTMENT PROGRAM.—To
15 carry out the bridge investment program under
16 section 124 of title 23, United States Code—
17 (i) $600,000,000 for fiscal year 2022;
18 (ii) $640,000,000 for fiscal year 2023;
19 (iii) $650,000,000 for fiscal year 2024;
20 (iv) $675,000,000 for fiscal year 2025;
21 and
22 (v) $700,000,000 for fiscal year 2026.
23 (B) CONGESTION RELIEF PROGRAM.—To
24 carry out the congestion relief program under
25 section 129(d) of title 23, United States Code,
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1 $50,000,000 for each of fiscal years 2022 through
2 2026.
3 (C) CHARGING AND FUELING INFRASTRUC-
4 TURE GRANTS.—To carry out section 151(f) of
5 title 23, United States Code—
6 (i) $300,000,000 for fiscal year 2022;
7 (ii) $400,000,000 for fiscal year 2023;
8 (iii) $500,000,000 for fiscal year 2024;
9 (iv) $600,000,000 for fiscal year 2025;
10 and
11 (v) $700,000,000 for fiscal year 2026.
12 (D) RURAL SURFACE TRANSPORTATION
13 GRANT PROGRAM.—To carry out the rural sur-
14 face transportation grant program under section
15 173 of title 23, United States Code—
16 (i) $300,000,000 for fiscal year 2022;
17 (ii) $350,000,000 for fiscal year 2023;
18 (iii) $400,000,000 for fiscal year 2024;
19 (iv) $450,000,000 for fiscal year 2025;
20 and
21 (v) $500,000,000 for fiscal year 2026.
22 (E) PROTECT GRANTS.—
23 (i) IN GENERAL.—To carry out sub-
24 section (d) of the PROTECT program
25 under section 176 of title 23, United States
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1 Code, for each of fiscal years 2022 through
2 2026—
3 (I) $250,000,000 for fiscal year
4 2022;
5 (II) $250,000,000 for fiscal year
6 2023;
7 (III) $300,000,000 for fiscal year
8 2024;
9 (IV) $300,000,000 for fiscal year
10 2025; and
11 (V) $300,000,000 for fiscal year
12 2026.
13 (ii) ALLOCATION.—Of the amounts
14 made available under clause (i)—
15 (I) for planning grants under
16 paragraph (3) of that subsection—
17 (aa) $25,000,000 for fiscal
18 year 2022;
19 (bb) $25,000,000 for fiscal
20 year 2023;
21 (cc) $30,000,000 for fiscal
22 year 2024;
23 (dd) $30,000,000 for fiscal
24 year 2025; and
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1 (ee) $30,000,000 for fiscal
2 year 2026;
3 (II) for resilience improvement
4 grants under paragraph (4)(A) of that
5 subsection—
6 (aa) $175,000,000 for fiscal
7 year 2022;
8 (bb) $175,000,000 for fiscal
9 year 2023;
10 (cc) $210,000,000 for fiscal
11 year 2024;
12 (dd) $210,000,000 for fiscal
13 year 2025; and
14 (ee) $210,000,000 for fiscal
15 year 2026;
16 (III) for community resilience
17 and evacuation route grants under
18 paragraph (4)(B) of that subsection—
19 (aa) $25,000,000 for fiscal
20 year 2022;
21 (bb) $25,000,000 for fiscal
22 year 2023;
23 (cc) $30,000,000 for fiscal
24 year 2024;
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1 (dd) $30,000,000 for fiscal
2 year 2025; and
3 (ee) $30,000,000 for fiscal
4 year 2026; and
5 (IV) for at-risk coastal infrastruc-
6 ture grants under paragraph (4)(C) of
7 that subsection—
8 (aa) $25,000,000 for fiscal
9 year 2022;
10 (bb) $25,000,000 for fiscal
11 year 2023;
12 (cc) $30,000,000 for fiscal
13 year 2024;
14 (dd) $30,000,000 for fiscal
15 year 2025; and
16 (ee) $30,000,000 for fiscal
17 year 2026.
18 (F) REDUCTION OF TRUCK EMISSIONS AT
19 PORT FACILITIES.—
20 (i) IN GENERAL.—To carry out the re-
21 duction of truck emissions at port facilities
22 under section 11402, $50,000,000 for each of
23 fiscal years 2022 through 2026.
24 (ii) TREATMENT.—Amounts made
25 available under clause (i) shall be available
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1 for obligation in the same manner as if
2 those amounts were apportioned under
3 chapter 1 of title 23, United States Code.
4 (G) NATIONALLY SIGNIFICANT FEDERAL
5 LANDS AND TRIBAL PROJECTS.—
6 (i) IN GENERAL.—To carry out the na-
7 tionally significant Federal lands and trib-
8 al projects program under section 1123 of
9 the FAST Act (23 U.S.C. 201 note; Public
10 Law 114–94), $55,000,000 for each of fiscal
11 years 2022 through 2026.
12 (ii) TREATMENT.—Amounts made
13 available under clause (i) shall be available
14 for obligation in the same manner as if
15 those amounts were apportioned under
16 chapter 1 of title 23, United States Code.
17 (2) GENERAL FUND.—
18 (A) BRIDGE INVESTMENT PROGRAM.—
19 (i) IN GENERAL.—In addition to
20 amounts made available under paragraph
21 (1)(A), there are authorized to be appro-
22 priated to carry out the bridge investment
23 program under section 124 of title 23,
24 United States Code—
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1 (I) $600,000,000 for fiscal year
2 2022;
3 (II) $640,000,000 for fiscal year
4 2023;
5 (III) $650,000,000 for fiscal year
6 2024;
7 (IV) $675,000,000 for fiscal year
8 2025; and
9 (V) $700,000,000 for fiscal year
10 2026.
11 (ii) ALLOCATION.—Amounts made
12 available under clause (i) shall be allocated
13 in the same manner as if made available
14 under paragraph (1)(A).
15 (B) NATIONALLY SIGNIFICANT FEDERAL
16 LANDS AND TRIBAL PROJECTS PROGRAM.—In ad-
17 dition to amounts made available under para-
18 graph (1)(G), there is authorized to be appro-
19 priated to carry out section 1123 of the FAST
20 Act (23 U.S.C. 201 note; Public Law 114–94)
21 $300,000,000 for each of fiscal years 2022
22 through 2026.
23 (C) HEALTHY STREETS PROGRAM.—There
24 is authorized to be appropriated to carry out the
25 Healthy Streets program under section 11406
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1 $100,000,000 for each of fiscal years 2022
2 through 2026.
3 (D) TRANSPORTATION RESILIENCE AND AD-
4 APTATION CENTERS OF EXCELLENCE.—There is
5 authorized to be appropriated to carry out sec-
6 tion 520 of title 23, United States Code,
7 $100,000,000 for each of fiscal years 2022
8 through 2026.
9 (E) OPEN CHALLENGE AND RESEARCH PRO-
10 POSAL PILOT PROGRAM.—There is authorized to
11 be appropriated to carry out the open challenge
12 and research proposal pilot program under sec-
13 tion 13006(e) $15,000,000 for each of fiscal years
14 2022 through 2026.
15 (c) RESEARCH, TECHNOLOGY, AND EDUCATION AU-
16 THORIZATIONS.—
17 (1) IN GENERAL.—The following amounts are
18 authorized to be appropriated out of the Highway
19 Trust Fund (other than the Mass Transit Account):
20 (A) HIGHWAY RESEARCH AND DEVELOP-
21 MENT PROGRAM.—To carry out section 503(b) of
22 title 23, United States Code, $147,000,000 for
23 each of fiscal years 2022 through 2026.
24 (B) TECHNOLOGY AND INNOVATION DEPLOY-
25 MENT PROGRAM.—To carry out section 503(c) of
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1 title 23, United States Code, $110,000,000 for
2 each of fiscal years 2022 through 2026.
3 (C) TRAINING AND EDUCATION.—To carry
4 out section 504 of title 23, United States Code—
5 (i) $25,000,000 for fiscal year 2022;
6 (ii) $25,250,000 for fiscal year 2023;
7 (iii) $25,500,000 for fiscal year 2024;
8 (iv) $25,750,000 for fiscal year 2025;
9 and
10 (v) $26,000,000 for fiscal year 2026.
11 (D) INTELLIGENT TRANSPORTATION SYS-
12 TEMS PROGRAM.—To carry out sections 512
13 through 518 of title 23, United States Code,
14 $110,000,000 for each of fiscal years 2022
15 through 2026.
16 (E) UNIVERSITY TRANSPORTATION CENTERS
17 PROGRAM.—To carry out section 5505 of title 49,
18 United States Code—
19 (i) $80,000,000 for fiscal year 2022;
20 (ii) $80,500,000 for fiscal year 2023;
21 (iii) $81,000,000 for fiscal year 2024;
22 (iv) $81,500,000 for fiscal year 2025;
23 and
24 (v) $82,000,000 for fiscal year 2026.
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1 (F) BUREAU OF TRANSPORTATION STATIS-
2 TICS.—To carry out chapter 63 of title 49,
3 United States Code—
4 (i) $26,000,000 for fiscal year 2022;
5 (ii) $26,250,000 for fiscal year 2023;
6 (iii) $26,500,000 for fiscal year 2024;
7 (iv) $26,750,000 for fiscal year 2025;
8 and
9 (v) $27,000,000 for fiscal year 2026.
10 (2) ADMINISTRATION.—The Federal Highway
11 Administration shall—
12 (A) administer the programs described in
13 subparagraphs (A), (B), and (C) of paragraph
14 (1); and
15 (B) in consultation with relevant modal ad-
16 ministrations, administer the programs described
17 in paragraph (1)(D).
18 (3) APPLICABILITY OF TITLE 23, UNITED STATES
19 CODE.—Amounts authorized to be appropriated by
20 paragraph (1) shall—
21 (A) be available for obligation in the same
22 manner as if those funds were apportioned under
23 chapter 1 of title 23, United States Code, except
24 that the Federal share of the cost of a project or
25 activity carried out using those funds shall be 80
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1 percent, unless otherwise expressly provided by
2 this division (including the amendments by this
3 division) or otherwise determined by the Sec-
4 retary; and
5 (B) remain available until expended and
6 not be transferable, except as otherwise provided
7 by this division.
8 (d) PILOT PROGRAMS.—The following amounts are
9 authorized to be appropriated out of the Highway Trust
10 Fund (other than the Mass Transit Account):
11 (1) WILDLIFE CROSSINGS PILOT PROGRAM.—For
12 the wildlife crossings pilot program under section 171
13 of title 23, United States Code—
14 (A) $60,000,000 for fiscal year 2022;
15 (B) $65,000,000 for fiscal year 2023;
16 (C) $70,000,000 for fiscal year 2024;
17 (D) $75,000,000 for fiscal year 2025; and
18 (E) $80,000,000 for fiscal year 2026.
19 (2) PRIORITIZATION PROCESS PILOT PRO-
20 GRAM.—
21 (A) IN GENERAL.—For the prioritization
22 process pilot program under section 11204,
23 $10,000,000 for each of fiscal years 2022 through
24 2026.
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1 (B) TREATMENT.—Amounts made available
2 under subparagraph (A) shall be available for
3 obligation in the same manner as if those
4 amounts were apportioned under chapter 1 of
5 title 23, United States Code.
6 (3) RECONNECTING COMMUNITIES PILOT PRO-
7 GRAM.—
8 (A) PLANNING GRANTS.—For planning
9 grants under the reconnecting communities pilot
10 program under section 11509(c), $30,000,000 for
11 each of fiscal years 2022 through 2026.
12 (B) CAPITAL CONSTRUCTION GRANTS.—For
13 capital construction grants under the recon-
14 necting communities pilot program under section
15 11509(d)—
16 (i) $65,000,000 for fiscal year 2022;
17 (ii) $68,000,000 for fiscal year 2023;
18 (iii) $70,000,000 for fiscal year 2024;
19 (iv) $72,000,000 for fiscal year 2025;
20 and
21 (v) $75,000,000 for fiscal year 2026.
22 (C) TREATMENT.—Amounts made available
23 under subparagraph (A) or (B) shall be available
24 for obligation in the same manner as if those
25 amounts were apportioned under chapter 1 of
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1 title 23, United States Code, except that those
2 amounts shall remain available until expended.
3 (e) DISADVANTAGED BUSINESS ENTERPRISES.—
4 (1) FINDINGS.—Congress finds that—
5 (A) while significant progress has occurred
6 due to the establishment of the disadvantaged
7 business enterprise program, discrimination and
8 related barriers continue to pose significant ob-
9 stacles for minority- and women-owned busi-
10 nesses seeking to do business in Federally as-
11 sisted surface transportation markets across the
12 United States;
13 (B) the continuing barriers described in
14 subparagraph (A) merit the continuation of the
15 disadvantaged business enterprise program;
16 (C) Congress has received and reviewed tes-
17 timony and documentation of race and gender
18 discrimination from numerous sources, including
19 congressional hearings and roundtables, scientific
20 reports, reports issued by public and private
21 agencies, news stories, reports of discrimination
22 by organizations and individuals, and discrimi-
23 nation lawsuits, which show that race- and gen-
24 der-neutral efforts alone are insufficient to ad-
25 dress the problem;
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1 (D) the testimony and documentation de-
2 scribed in subparagraph (C) demonstrate that
3 discrimination across the United States poses a
4 barrier to full and fair participation in surface
5 transportation-related businesses of women busi-
6 ness owners and minority business owners and
7 has impacted firm development and many as-
8 pects of surface transportation-related business
9 in the public and private markets; and
10 (E) the testimony and documentation de-
11 scribed in subparagraph (C) provide a strong
12 basis that there is a compelling need for the con-
13 tinuation of the disadvantaged business enter-
14 prise program to address race and gender dis-
15 crimination in surface transportation-related
16 business.
17 (2) DEFINITIONS.—In this subsection:
18 (A) SMALL BUSINESS CONCERN.—
19 (i) IN GENERAL.—The term ‘‘small
20 business concern’’ means a small business
21 concern (as the term is used in section 3 of
22 the Small Business Act (15 U.S.C. 632)).
23 (ii) EXCLUSIONS.—The term ‘‘small
24 business concern’’ does not include any con-
25 cern or group of concerns controlled by the
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1 same socially and economically disadvan-
2 taged individual or individuals that have
3 average annual gross receipts during the
4 preceding 3 fiscal years in excess of
5 $26,290,000, as adjusted annually by the
6 Secretary for inflation.
7 (B) SOCIALLY AND ECONOMICALLY DIS-
8 ADVANTAGED INDIVIDUALS.—The term ‘‘socially
9 and economically disadvantaged individuals’’
10 has the meaning given the term in section 8(d)
11 of the Small Business Act (15 U.S.C. 637(d))
12 and relevant subcontracting regulations issued
13 pursuant to that Act, except that women shall be
14 presumed to be socially and economically dis-
15 advantaged individuals for purposes of this sub-
16 section.
17 (3) AMOUNTS FOR SMALL BUSINESS CON-
18 CERNS.—Except to the extent that the Secretary deter-
19 mines otherwise, not less than 10 percent of the
20 amounts made available for any program under this
21 division (other than section 14004), division C, and
22 section 403 of title 23, United States Code, shall be
23 expended through small business concerns owned and
24 controlled by socially and economically disadvantaged
25 individuals.
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1 (4) ANNUAL LISTING OF DISADVANTAGED BUSI-
2 NESS ENTERPRISES.—Each State shall annually—
3 (A) survey and compile a list of the small
4 business concerns referred to in paragraph (3) in
5 the State, including the location of the small
6 business concerns in the State; and
7 (B) notify the Secretary, in writing, of the
8 percentage of the small business concerns that
9 are controlled by—
10 (i) women;
11 (ii) socially and economically dis-
12 advantaged individuals (other than
13 women); and
14 (iii) individuals who are women and
15 are otherwise socially and economically dis-
16 advantaged individuals.
17 (5) UNIFORM CERTIFICATION.—
18 (A) IN GENERAL.—The Secretary shall es-
19 tablish minimum uniform criteria for use by
20 State governments in certifying whether a con-
21 cern qualifies as a small business concern for the
22 purpose of this subsection.
23 (B) INCLUSIONS.—The minimum uniform
24 criteria established under subparagraph (A) shall
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1 include, with respect to a potential small busi-
2 ness concern—
3 (i) on-site visits;
4 (ii) personal interviews with personnel;
5 (iii) issuance or inspection of licenses;
6 (iv) analyses of stock ownership;
7 (v) listings of equipment;
8 (vi) analyses of bonding capacity;
9 (vii) listings of work completed;
10 (viii) examination of the resumes of
11 principal owners;
12 (ix) analyses of financial capacity;
13 and
14 (x) analyses of the type of work pre-
15 ferred.
16 (6) REPORTING.—The Secretary shall establish
17 minimum requirements for use by State governments
18 in reporting to the Secretary—
19 (A) information concerning disadvantaged
20 business enterprise awards, commitments, and
21 achievements; and
22 (B) such other information as the Secretary
23 determines to be appropriate for the proper mon-
24 itoring of the disadvantaged business enterprise
25 program.
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1 (7) COMPLIANCE WITH COURT ORDERS.—Noth-
2 ing in this subsection limits the eligibility of an indi-
3 vidual or entity to receive funds made available
4 under this division, division C, and section 403 of
5 title 23, United States Code, if the entity or person
6 is prevented, in whole or in part, from complying
7 with paragraph (3) because a Federal court issues a
8 final order in which the court finds that a require-
9 ment or the implementation of paragraph (3) is un-
10 constitutional.
11 (8) SENSE OF CONGRESS ON PROMPT PAYMENT
12 OF DBE SUBCONTRACTORS.—It is the sense of Con-
13 gress that—
14 (A) the Secretary should take additional
15 steps to ensure that recipients comply with sec-
16 tion 26.29 of title 49, Code of Federal Regula-
17 tions (the disadvantaged business enterprises
18 prompt payment rule), or any corresponding
19 regulation, in awarding Federally funded trans-
20 portation contracts under laws and regulations
21 administered by the Secretary; and
22 (B) such additional steps should include in-
23 creasing the ability of the Department to track
24 and keep records of complaints and to make that
25 information publicly available.
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1 SEC. 11102. OBLIGATION CEILING.
2 (a) GENERAL LIMITATION.—Subject to subsection (e),
3 and notwithstanding any other provision of law, the obliga-
4 tions for Federal-aid highway and highway safety construc-
5 tion programs shall not exceed—
6 (1) $57,473,430,072 for fiscal year 2022;
7 (2) $58,764,510,674 for fiscal year 2023;
8 (3) $60,095,782,888 for fiscal year 2024;
9 (4) $61,314,170,545 for fiscal year 2025; and
10 (5) $62,657,105,821 for fiscal year 2026.
11 (b) EXCEPTIONS.—The limitations under subsection
12 (a) shall not apply to obligations under or for—
13 (1) section 125 of title 23, United States Code;
14 (2) section 147 of the Surface Transportation As-
15 sistance Act of 1978 (23 U.S.C. 144 note; 92 Stat.
16 2714);
17 (3) section 9 of the Federal-Aid Highway Act of
18 1981 (95 Stat. 1701);
19 (4) subsections (b) and (j) of section 131 of the
20 Surface Transportation Assistance Act of 1982 (96
21 Stat. 2119);
22 (5) subsections (b) and (c) of section 149 of the
23 Surface Transportation and Uniform Relocation As-
24 sistance Act of 1987 (101 Stat. 198);
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1 (6) sections 1103 through 1108 of the Intermodal
2 Surface Transportation Efficiency Act of 1991 (105
3 Stat. 2027);
4 (7) section 157 of title 23, United States Code
5 (as in effect on June 8, 1998);
6 (8) section 105 of title 23, United States Code
7 (as in effect for fiscal years 1998 through 2004, but
8 only in an amount equal to $639,000,000 for each of
9 those fiscal years);
10 (9) Federal-aid highway programs for which ob-
11 ligation authority was made available under the
12 Transportation Equity Act for the 21st Century (112
13 Stat. 107) or subsequent Acts for multiple years or to
14 remain available until expended, but only to the ex-
15 tent that the obligation authority has not lapsed or
16 been used;
17 (10) section 105 of title 23, United States Code
18 (as in effect for fiscal years 2005 through 2012, but
19 only in an amount equal to $639,000,000 for each of
20 those fiscal years);
21 (11) section 1603 of SAFETEA–LU (23 U.S.C.
22 118 note; 119 Stat. 1248), to the extent that funds ob-
23 ligated in accordance with that section were not sub-
24 ject to a limitation on obligations at the time at
† HR 3684 EAS
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1 which the funds were initially made available for ob-
2 ligation;
3 (12) section 119 of title 23, United States Code
4 (as in effect for fiscal years 2013 through 2015, but
5 only in an amount equal to $639,000,000 for each of
6 those fiscal years);
7 (13) section 119 of title 23, United States Code
8 (as in effect for fiscal years 2016 through 2021, but
9 only in an amount equal to $639,000,000 for each of
10 those fiscal years); and
11 (14) section 119 of title 23, United States Code
12 (but, for fiscal years 2022 through 2026, only in an
13 amount equal to $639,000,000 for each of those fiscal
14 years).
15 (c) DISTRIBUTION OF OBLIGATION AUTHORITY.—For
16 each of fiscal years 2022 through 2026, the Secretary—
17 (1) shall not distribute obligation authority pro-
18 vided by subsection (a) for the fiscal year for—
19 (A) amounts authorized for administrative
20 expenses and programs by section 104(a) of title
21 23, United States Code; and
22 (B) amounts authorized for the Bureau of
23 Transportation Statistics;
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1 (2) shall not distribute an amount of obligation
2 authority provided by subsection (a) that is equal to
3 the unobligated balance of amounts—
4 (A) made available from the Highway Trust
5 Fund (other than the Mass Transit Account) for
6 Federal-aid highway and highway safety con-
7 struction programs for previous fiscal years the
8 funds for which are allocated by the Secretary
9 (or apportioned by the Secretary under section
10 202 or 204 of title 23, United States Code); and
11 (B) for which obligation authority was pro-
12 vided in a previous fiscal year;
13 (3) shall determine the proportion that—
14 (A) the obligation authority provided by
15 subsection (a) for the fiscal year, less the aggre-
16 gate of amounts not distributed under para-
17 graphs (1) and (2) of this subsection; bears to
18 (B) the total of the sums authorized to be
19 appropriated for the Federal-aid highway and
20 highway safety construction programs (other
21 than sums authorized to be appropriated for pro-
22 visions of law described in paragraphs (1)
23 through (13) of subsection (b) and sums author-
24 ized to be appropriated for section 119 of title
25 23, United States Code, equal to the amount re-
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1 ferred to in subsection (b)(14) for the fiscal
2 year), less the aggregate of the amounts not dis-
3 tributed under paragraphs (1) and (2) of this
4 subsection;
5 (4) shall distribute the obligation authority pro-
6 vided by subsection (a), less the aggregate amounts
7 not distributed under paragraphs (1) and (2), for
8 each of the programs (other than programs to which
9 paragraph (1) applies) that are allocated by the Sec-
10 retary under this division and title 23, United States
11 Code, or apportioned by the Secretary under section
12 202 or 204 of that title, by multiplying—
13 (A) the proportion determined under para-
14 graph (3); by
15 (B) the amounts authorized to be appro-
16 priated for each such program for the fiscal year;
17 and
18 (5) shall distribute the obligation authority pro-
19 vided by subsection (a), less the aggregate amounts
20 not distributed under paragraphs (1) and (2) and the
21 amounts distributed under paragraph (4), for Fed-
22 eral-aid highway and highway safety construction
23 programs that are apportioned by the Secretary
24 under title 23, United States Code (other than the
25 amounts apportioned for the national highway per-
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1 formance program in section 119 of title 23, United
2 States Code, that are exempt from the limitation
3 under subsection (b)(14) and the amounts appor-
4 tioned under sections 202 and 204 of that title) in the
5 proportion that—
6 (A) amounts authorized to be appropriated
7 for the programs that are apportioned under title
8 23, United States Code, to each State for the fis-
9 cal year; bears to
10 (B) the total of the amounts authorized to
11 be appropriated for the programs that are ap-
12 portioned under title 23, United States Code, to
13 all States for the fiscal year.
14 (d) REDISTRIBUTION OF UNUSED OBLIGATION AU-
15 THORITY.—Notwithstanding subsection (c), the Secretary
16 shall, after August 1 of each of fiscal years 2022 through
17 2026—
18 (1) revise a distribution of the obligation author-
19 ity made available under subsection (c) if an amount
20 distributed cannot be obligated during that fiscal
21 year; and
22 (2) redistribute sufficient amounts to those States
23 able to obligate amounts in addition to those pre-
24 viously distributed during that fiscal year, giving pri-
25 ority to those States having large unobligated bal-
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1 ances of funds apportioned under sections 144 (as in
2 effect on the day before the date of enactment of
3 MAP–21 (Public Law 112–141; 126 Stat. 405)) and
4 104 of title 23, United States Code.
5 (e) APPLICABILITY OF OBLIGATION LIMITATIONS TO
6 TRANSPORTATION RESEARCH PROGRAMS.—
7 (1) IN GENERAL.—Except as provided in para-
8 graph (2), obligation limitations imposed by sub-
9 section (a) shall apply to contract authority for trans-
10 portation research programs carried out under chap-
11 ter 5 of title 23, United States Code.
12 (2) EXCEPTION.—Obligation authority made
13 available under paragraph (1) shall—
14 (A) remain available for a period of 4 fiscal
15 years; and
16 (B) be in addition to the amount of any
17 limitation imposed on obligations for Federal-
18 aid highway and highway safety construction
19 programs for future fiscal years.
20 (f) REDISTRIBUTION OF CERTAIN AUTHORIZED
21 FUNDS.—
22 (1) IN GENERAL.—Not later than 30 days after
23 the date of distribution of obligation authority under
24 subsection (c) for each of fiscal years 2022 through
25 2026, the Secretary shall distribute to the States any
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1 funds (excluding funds authorized for the program
2 under section 202 of title 23, United States Code)
3 that—
4 (A) are authorized to be appropriated for
5 the fiscal year for Federal-aid highway pro-
6 grams; and
7 (B) the Secretary determines will not be al-
8 located to the States (or will not be apportioned
9 to the States under section 204 of title 23,
10 United States Code), and will not be available
11 for obligation, for the fiscal year because of the
12 imposition of any obligation limitation for the
13 fiscal year.
14 (2) RATIO.—Funds shall be distributed under
15 paragraph (1) in the same proportion as the distribu-
16 tion of obligation authority under subsection (c)(5).
17 (3) AVAILABILITY.—Funds distributed to each
18 State under paragraph (1) shall be available for any
19 purpose described in section 133(b) of title 23, United
20 States Code.
21 SEC. 11103. DEFINITIONS.
22 Section 101(a) of title 23, United States Code, is
23 amended—
24 (1) in paragraph (4)—
† HR 3684 EAS
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1 (A) in subparagraph (A), by inserting ‘‘as-
2 sessing resilience,’’ after ‘‘surveying,’’;
3 (B) in subparagraph (G), by striking ‘‘and’’
4 at the end;
5 (C) by redesignating subparagraph (H) as
6 subparagraph (I); and
7 (D) by inserting after subparagraph (G) the
8 following:
9 ‘‘(H) improvements that reduce the number
10 of wildlife-vehicle collisions, such as wildlife
11 crossing structures; and’’;
12 (2) by redesignating paragraphs (17) through
13 (34) as paragraphs (18), (19), (20), (21), (22), (23),
14 (25), (26), (27), (28), (29), (30), (31), (32), (33), (34),
15 (35), and (36), respectively;
16 (3) by inserting after paragraph (16) the fol-
17 lowing:
18 ‘‘(17) NATURAL INFRASTRUCTURE.—The term
19 ‘natural infrastructure’ means infrastructure that
20 uses, restores, or emulates natural ecological processes
21 and—
22 ‘‘(A) is created through the action of nat-
23 ural physical, geological, biological, and chem-
24 ical processes over time;
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1 ‘‘(B) is created by human design, engineer-
2 ing, and construction to emulate or act in con-
3 cert with natural processes; or
4 ‘‘(C) involves the use of plants, soils, and
5 other natural features, including through the cre-
6 ation, restoration, or preservation of vegetated
7 areas using materials appropriate to the region
8 to manage stormwater and runoff, to attenuate
9 flooding and storm surges, and for other related
10 purposes.’’;
11 (4) by inserting after paragraph (23) (as so re-
12 designated) the following:
13 ‘‘(24) RESILIENCE.—The term ‘resilience’, with
14 respect to a project, means a project with the ability
15 to anticipate, prepare for, or adapt to conditions or
16 withstand, respond to, or recover rapidly from dis-
17 ruptions, including the ability—
18 ‘‘(A)(i) to resist hazards or withstand im-
19 pacts from weather events and natural disasters;
20 or
21 ‘‘(ii) to reduce the magnitude or duration of
22 impacts of a disruptive weather event or natural
23 disaster on a project; and
24 ‘‘(B) to have the absorptive capacity, adapt-
25 ive capacity, and recoverability to decrease
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1 project vulnerability to weather events or other
2 natural disasters.’’; and
3 (5) in subparagraph (A) of paragraph (32) (as
4 so redesignated)—
5 (A) by striking the period at the end and
6 inserting ‘‘; and’’;
7 (B) by striking ‘‘through the implementa-
8 tion’’ and inserting the following: ‘‘through—
9 ‘‘(i) the implementation’’; and
10 (C) by adding at the end the following:
11 ‘‘(ii) the consideration of incorporating
12 natural infrastructure.’’.
13 SEC. 11104. APPORTIONMENT.
14 (a) ADMINISTRATIVE EXPENSES.—Section 104(a)(1)
15 of title 23, United States Code, is amended by striking sub-
16 paragraphs (A) through (E) and inserting the following:
17 ‘‘(A) $490,964,697 for fiscal year 2022;
18 ‘‘(B) $500,783,991 for fiscal year 2023;
19 ‘‘(C) $510,799,671 for fiscal year 2024;
20 ‘‘(D) $521,015,664 for fiscal year 2025; and
21 ‘‘(E) $531,435,977 for fiscal year 2026.’’.
22 (b) DIVISION AMONG PROGRAMS OF STATE SHARE.—
23 Section 104(b) of title 23, United States Code, is amended
24 in subsection (b)—
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1 (1) in the matter preceding paragraph (1), by
2 inserting ‘‘the carbon reduction program under sec-
3 tion 175, to carry out subsection (c) of the PROTECT
4 program under section 176,’’ before ‘‘and to carry out
5 section 134’’;
6 (2) in paragraph (1), by striking ‘‘63.7 percent’’
7 and inserting ‘‘59.0771195921461 percent’’;
8 (3) in paragraph (2), by striking ‘‘29.3 percent’’
9 and inserting ‘‘28.7402203421251 percent’’;
10 (4) in paragraph (3), by striking ‘‘7 percent’’
11 and inserting ‘‘6.70605141316253 percent’’;
12 (5) by striking paragraph (4) and inserting the
13 following:
14 ‘‘(4) CONGESTION MITIGATION AND AIR QUALITY
15 IMPROVEMENT PROGRAM.—
16 ‘‘(A) IN GENERAL.—For the congestion
17 mitigation and air quality improvement pro-
18 gram, an amount determined for the State under
19 subparagraphs (B) and (C).
20 ‘‘(B) TOTAL AMOUNT.—The total amount
21 for the congestion mitigation and air quality im-
22 provement program for all States shall be—
23 ‘‘(i) $2,536,490,803 for fiscal year
24 2022;
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1 ‘‘(ii) $2,587,220,620 for fiscal year
2 2023;
3 ‘‘(iii) $2,638,965,032 for fiscal year
4 2024;
5 ‘‘(iv) $2,691,744,332 for fiscal year
6 2025; and
7 ‘‘(v) $2,745,579,213 for fiscal year
8 2026.
9 ‘‘(C) STATE SHARE.—For each fiscal year,
10 the Secretary shall distribute among the States
11 the total amount for the congestion mitigation
12 and air quality improvement program under
13 subparagraph (B) so that each State receives an
14 amount equal to the proportion that—
15 ‘‘(i) the amount apportioned to the
16 State for the congestion mitigation and air
17 quality improvement program for fiscal
18 year 2020; bears to
19 ‘‘(ii) the total amount of funds appor-
20 tioned to all States for that program for fis-
21 cal year 2020.’’;
22 (6) in paragraph (5)—
23 (A) by striking subparagraph (B) and in-
24 serting the following:
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1 ‘‘(B) TOTAL AMOUNT.—The total amount
2 set aside for the national highway freight pro-
3 gram for all States shall be—
4 ‘‘(i) $1,373,932,519 for fiscal year
5 2022;
6 ‘‘(ii) $1,401,411,169 for fiscal year
7 2023;
8 ‘‘(iii) $1,429,439,392 for fiscal year
9 2024;
10 ‘‘(iv) $1,458,028,180 for fiscal year
11 2025; and
12 ‘‘(v) $1,487,188,740 for fiscal year
13 2026.’’; and
14 (B) by striking subparagraph (D); and
15 (7) by striking paragraph (6) and inserting the
16 following:
17 ‘‘(6) METROPOLITAN PLANNING.—
18 ‘‘(A) IN GENERAL.—To carry out section
19 134, an amount determined for the State under
20 subparagraphs (B) and (C).
21 ‘‘(B) TOTAL AMOUNT.—The total amount
22 for metropolitan planning for all States shall
23 be—
24 ‘‘(i) $ 438,121,139 for fiscal year 2022;
25 ‘‘(ii) $446,883,562 for fiscal year 2023;
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1 ‘‘(iii) $455,821,233 for fiscal year
2 2024;
3 ‘‘(iv) $464,937,657 for fiscal year 2025;
4 and
5 ‘‘(v) $474,236,409 for fiscal year 2026.
6 ‘‘(C) STATE SHARE.—For each fiscal year,
7 the Secretary shall distribute among the States
8 the total amount to carry out section 134 under
9 subparagraph (B) so that each State receives an
10 amount equal to the proportion that—
11 ‘‘(i) the amount apportioned to the
12 State to carry out section 134 for fiscal
13 year 2020; bears to
14 ‘‘(ii) the total amount of funds appor-
15 tioned to all States to carry out section 134
16 for fiscal year 2020.
17 ‘‘(7) CARBON REDUCTION PROGRAM.—For the
18 carbon reduction program under section 175,
19 2.56266964565637 percent of the amount remaining
20 after distributing amounts under paragraphs (4), (5),
21 and (6).
22 ‘‘(8) PROTECT FORMULA PROGRAM.—To carry
23 out subsection (c) of the PROTECT program under
24 section 176, 2.91393900690991 percent of the amount
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1 remaining after distributing amounts under para-
2 graphs (4), (5), and (6).’’.
3 (c) CALCULATION OF AMOUNTS.—Section 104(c) of
4 title 23, United States Code, is amended—
5 (1) in paragraph (1)—
6 (A) in the matter preceding subparagraph
7 (A), by striking ‘‘each of fiscal years 2016
8 through 2020’’ and inserting ‘‘fiscal year 2022
9 and each fiscal year thereafter’’;
10 (B) in subparagraph (A)—
11 (i) by striking clause (i) and inserting
12 the following:
13 ‘‘(i) the base apportionment; by’’; and
14 (ii) in clause (ii)(I), by striking ‘‘fiscal
15 year 2015’’ and inserting ‘‘fiscal year
16 2021’’; and
17 (C) by striking subparagraph (B) and in-
18 serting the following:
19 ‘‘(B) GUARANTEED AMOUNTS.—The initial
20 amounts resulting from the calculation under
21 subparagraph (A) shall be adjusted to ensure
22 that each State receives an aggregate apportion-
23 ment that is—
24 ‘‘(i) equal to at least 95 percent of the
25 estimated tax payments paid into the High-
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1 way Trust Fund (other than the Mass
2 Transit Account) in the most recent fiscal
3 year for which data are available that
4 are—
5 ‘‘(I) attributable to highway users
6 in the State; and
7 ‘‘(II) associated with taxes in ef-
8 fect on July 1, 2019, and only up to
9 the rate those taxes were in effect on
10 that date;
11 ‘‘(ii) at least 2 percent greater than the
12 apportionment that the State received for
13 fiscal year 2021; and
14 ‘‘(iii) at least 1 percent greater than
15 the apportionment that the State received
16 for the previous fiscal year.’’; and
17 (2) in paragraph (2)—
18 (A) by striking ‘‘fiscal years 2016 through
19 2020’’ and inserting ‘‘fiscal year 2022 and each
20 fiscal year thereafter’’; and
21 (B) by inserting ‘‘the carbon reduction pro-
22 gram under section 175, to carry out subsection
23 (c) of the PROTECT program under section
24 176,’’ before ‘‘and to carry out section 134’’.
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1 (d) METROPOLITAN PLANNING.—Section 104(d)(1)(A)
2 of title 23, United States Code, is amended by striking
3 ‘‘paragraphs (5)(D) and (6) of subsection (b)’’ each place
4 it appears and inserting ‘‘subsection (b)(6)’’.
5 (e) SUPPLEMENTAL FUNDS.—Section 104 of title 23,
6 United States Code, is amended by striking subsection (h).
7 (f) BASE APPORTIONMENT DEFINED.—Section 104 of
8 title 23, United States Code, is amended—
9 (1) by redesignating subsection (i) as subsection
10 (h); and
11 (2) in subsection (h) (as so redesignated)—
12 (A) by striking ‘‘means’’ in the matter pre-
13 ceding paragraph (1) and all that follows
14 through ‘‘the combined amount’’ in paragraph
15 (1) and inserting ‘‘means the combined amount’’;
16 (B) by striking ‘‘and to carry out section
17 134; minus’’ and inserting ‘‘the carbon reduction
18 program under section 175, to carry out sub-
19 section (c) of the PROTECT program under sec-
20 tion 176, and to carry out section 134.’’; and
21 (C) by striking paragraph (2).
22 SEC. 11105. NATIONAL HIGHWAY PERFORMANCE PROGRAM.
23 Section 119 of title 23, United States Code, is amend-
24 ed—
25 (1) in subsection (b)—
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1 (A) in paragraph (2), by striking ‘‘and’’ at
2 the end;
3 (B) in paragraph (3), by striking the period
4 at the end and inserting ‘‘; and’’; and
5 (C) by adding at the end the following:
6 ‘‘(4) to provide support for activities to increase
7 the resiliency of the National Highway System to
8 mitigate the cost of damages from sea level rise, ex-
9 treme weather events, flooding, wildfires, or other nat-
10 ural disasters.’’;
11 (2) in subsection (d)(2), by adding at the end the
12 following:
13 ‘‘(Q) Undergrounding public utility infra-
14 structure carried out in conjunction with a
15 project otherwise eligible under this section.
16 ‘‘(R) Resiliency improvements on the Na-
17 tional Highway System, including protective
18 features described in subsection (k)(2).
19 ‘‘(S) Implement activities to protect seg-
20 ments of the National Highway System from cy-
21 bersecurity threats.’’;
22 (3) in subsection (e)(4)(D), by striking ‘‘anal-
23 ysis’’ and inserting ‘‘analyses, both of which shall
24 take into consideration extreme weather and resil-
25 ience’’; and
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1 (4) by adding at the end the following:
2 ‘‘(k) PROTECTIVE FEATURES.—
3 ‘‘(1) IN GENERAL.—A State may use not more
4 than 15 percent of the funds apportioned to the State
5 under section 104(b)(1) for each fiscal year for 1 or
6 more protective features on a Federal-aid highway or
7 bridge not on the National Highway System, if the
8 protective feature is designed to mitigate the risk of
9 recurring damage or the cost of future repairs from
10 extreme weather events, flooding, or other natural dis-
11 asters.
12 ‘‘(2) PROTECTIVE FEATURES DESCRIBED.—A
13 protective feature referred to in paragraph (1) in-
14 cludes—
15 ‘‘(A) raising roadway grades;
16 ‘‘(B) relocating roadways in a base flood-
17 plain to higher ground above projected flood ele-
18 vation levels or away from slide prone areas;
19 ‘‘(C) stabilizing slide areas;
20 ‘‘(D) stabilizing slopes;
21 ‘‘(E) lengthening or raising bridges to in-
22 crease waterway openings;
23 ‘‘(F) increasing the size or number of drain-
24 age structures;
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1 ‘‘(G) replacing culverts with bridges or
2 upsizing culverts;
3 ‘‘(H) installing seismic retrofits on bridges;
4 ‘‘(I) adding scour protection at bridges, in-
5 stalling riprap, or adding other scour, stream
6 stability, coastal, or other hydraulic counter-
7 measures, including spur dikes; and
8 ‘‘(J) the use of natural infrastructure to
9 mitigate the risk of recurring damage or the cost
10 of future repair from extreme weather events,
11 flooding, or other natural disasters.
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. 11106. 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 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 of a bridge that has been permanently closed to all vehicular
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1 traffic by the State or responsible local official because of
2 imminent danger of collapse due to a structural deficiency
3 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 that will mitigate the
16 risk of recurring damage from extreme
17 weather, flooding, and other natural disas-
18 ters.’’;
19 (B) by redesignating paragraph (3) as
20 paragraph (4); and
21 (C) by inserting after paragraph (2) the fol-
22 lowing:
23 ‘‘(3) PROTECTIVE FEATURES.—
24 ‘‘(A) IN GENERAL.—The cost of an improve-
25 ment that is part of a project under this section
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1 shall be an eligible expense under this section if
2 the improvement is a protective feature that will
3 mitigate the risk of recurring damage or the cost
4 of future repair from extreme weather, flooding,
5 and other natural disasters.
6 ‘‘(B) PROTECTIVE FEATURES DESCRIBED.—
7 A protective feature referred to in subparagraph
8 (A) includes—
9 ‘‘(i) raising roadway grades;
10 ‘‘(ii) relocating roadways in a flood-
11 plain to higher ground above projected flood
12 elevation levels or away from slide prone
13 areas;
14 ‘‘(iii) stabilizing slide areas;
15 ‘‘(iv) stabilizing slopes;
16 ‘‘(v) lengthening or raising bridges to
17 increase waterway openings;
18 ‘‘(vi) increasing the size or number of
19 drainage structures;
20 ‘‘(vii) replacing culverts with bridges
21 or upsizing culverts;
22 ‘‘(viii) installing seismic retrofits on
23 bridges;
24 ‘‘(ix) adding scour protection at
25 bridges, installing riprap, or adding other
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1 scour, stream stability, coastal, or other hy-
2 draulic countermeasures, including spur
3 dikes; and
4 ‘‘(x) the use of natural infrastructure
5 to mitigate the risk of recurring damage or
6 the cost of future repair from extreme
7 weather, flooding, and other natural disas-
8 ters.’’.
9 SEC. 11107. FEDERAL SHARE PAYABLE.
10 Section 120 of title 23, United States Code, is amend-
11 ed—
12 (1) in subsection (c)—
13 (A) in paragraph (1), in the first sentence,
14 by inserting ‘‘vehicle-to-infrastructure commu-
15 nication equipment,’’ after ‘‘breakaway utility
16 poles,’’;
17 (B) in subparagraph (3)(B)—
18 (i) in clause (v), by striking ‘‘or’’ at
19 the end;
20 (ii) by redesignating clause (vi) as
21 clause (vii); and
22 (iii) by inserting after clause (v) the
23 following:
24 ‘‘(vi) contractual provisions that pro-
25 vide safety contingency funds to incorporate
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1 safety enhancements to work zones prior to
2 or during roadway construction activities;
3 or’’; and
4 (C) by adding at the end the following:
5 ‘‘(4) POOLED FUNDING.—Notwithstanding any
6 other provision of law, the Secretary may waive the
7 non-Federal share of the cost of a project or activity
8 under section 502(b)(6) that is carried out with
9 amounts apportioned under section 104(b)(2) after
10 considering appropriate factors, including whether—
11 ‘‘(A) decreasing or eliminating the non-Fed-
12 eral share would best serve the interests of the
13 Federal-aid highway program; and
14 ‘‘(B) the project or activity addresses na-
15 tional or regional high priority research, devel-
16 opment, and technology transfer problems in a
17 manner that would benefit multiple States or
18 metropolitan planning organizations.’’;
19 (2) in subsection (e)—
20 (A) in paragraph (1), by striking ‘‘180
21 days’’ and inserting ‘‘270 days’’; and
22 (B) in paragraph (4), by striking ‘‘perma-
23 nent’’; and
24 (3) by adding at the end the following:
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1 ‘‘(l) FEDERAL SHARE FLEXIBILITY PILOT PRO-
2 GRAM.—
3 ‘‘(1) ESTABLISHMENT.—Not later than 180 days
4 after the date of enactment of the Surface Transpor-
5 tation Reauthorization Act of 2021, the Secretary
6 shall establish a pilot program (referred to in this
7 subsection as the ‘pilot program’) to give States addi-
8 tional flexibility with respect to the Federal require-
9 ments under this section.
10 ‘‘(2) PROGRAM.—
11 ‘‘(A) IN GENERAL.—Notwithstanding any
12 other provision of law, a State participating in
13 the pilot program (referred to in this subsection
14 as a ‘participating State’) may determine the
15 Federal share on a project, multiple-project, or
16 program basis for projects under any of the fol-
17 lowing:
18 ‘‘(i) The national highway perform-
19 ance program under section 119.
20 ‘‘(ii) The surface transportation block
21 grant program under section 133.
22 ‘‘(iii) The highway safety improvement
23 program under section 148.
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1 ‘‘(iv) The congestion mitigation and
2 air quality improvement program under
3 section 149.
4 ‘‘(v) The national highway freight pro-
5 gram under section 167.
6 ‘‘(vi) The carbon reduction program
7 under section 175.
8 ‘‘(vii) Subsection (c) of the PROTECT
9 program under section 176.
10 ‘‘(B) REQUIREMENTS.—
11 ‘‘(i) MAXIMUM FEDERAL SHARE.—Sub-
12 ject to clause (iii), the Federal share of the
13 cost of an individual project carried out
14 under a program described in subparagraph
15 (A) by a participating State and to which
16 the participating State is applying the Fed-
17 eral share requirements under the pilot pro-
18 gram may be up to 100 percent.
19 ‘‘(ii) MINIMUM FEDERAL SHARE.—No
20 individual project carried out under a pro-
21 gram described in subparagraph (A) by a
22 participating State and to which the par-
23 ticipating State is applying the Federal
24 share requirements under the pilot program
25 shall have a Federal share of 0 percent.
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1 ‘‘(iii) DETERMINATION.—The average
2 annual Federal share of the total cost of all
3 projects authorized under a program de-
4 scribed in subparagraph (A) to which a
5 participating State is applying the Federal
6 share requirements under the pilot program
7 shall be not more than the average of the
8 maximum Federal share of those projects if
9 those projects were not carried out under the
10 pilot program.
11 ‘‘(C) SELECTION.—
12 ‘‘(i) APPLICATION.—A State seeking to
13 be a participating State shall—
14 ‘‘(I) submit to the Secretary an
15 application in such form, at such time,
16 and containing such information as
17 the Secretary may require; and
18 ‘‘(II) have in place adequate fi-
19 nancial controls to allow the State to
20 determine the average annual Federal
21 share requirements under the pilot pro-
22 gram.
23 ‘‘(ii) REQUIREMENT.—For each of fis-
24 cal years 2022 through 2026, the Secretary
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1 shall select not more than 10 States to be
2 participating States.’’.
3 SEC. 11108. RAILWAY-HIGHWAY GRADE CROSSINGS.
4 (a) IN GENERAL.—Section 130(e) of title 23, United
5 States Code, is amended—
6 (1) in the heading, by striking ‘‘PROTECTIVE
7 DEVICES’’ and inserting ‘‘RAILWAY-HIGHWAY GRADE
8 CROSSINGS’’; and
9 (2) in paragraph (1)—
10 (A) in subparagraph (A), by striking ‘‘and
11 the installation of protective devices at railway-
12 highway crossings’’ in the matter preceding
13 clause (i) and all that follows through ‘‘2020.’’ in
14 clause (v) and inserting the following: ‘‘, the in-
15 stallation of protective devices at railway-high-
16 way crossings, the replacement of functionally
17 obsolete warning devices, and as described in
18 subparagraph (B), not less than $245,000,000 for
19 each of fiscal years 2022 through 2026.’’; and
20 (B) by striking subparagraph (B) and in-
21 serting the following:
22 ‘‘(B) REDUCING TRESPASSING FATALITIES
23 AND INJURIES.—A State may use funds set aside
24 under subparagraph (A) for projects to reduce
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1 pedestrian fatalities and injuries from tres-
2 passing at grade crossings.’’.
3 (b) FEDERAL SHARE.—Section 130(f)(3) of title 23,
4 United States Code, is amended by striking ‘‘90 percent’’
5 and inserting ‘‘100 percent’’.
6 (c) INCENTIVE PAYMENTS FOR AT-GRADE CROSSING
7 CLOSURES.—Section 130(i)(3)(B) of title 23, United States
8 Code, is amended by striking ‘‘$7,500’’ and inserting
9 ‘‘$100,000’’.
10 (d) EXPENDITURE OF FUNDS.—Section 130(k) of title
11 23, United States Code, is amended by striking ‘‘2 percent’’
12 and inserting ‘‘8 percent’’.
13 (e) GAO STUDY.—Not later than 3 years after the date
14 of enactment of this Act, the Comptroller General of the
15 United States shall submit to Congress a report that in-
16 cludes an analysis of the effectiveness of the railway-high-
17 way crossings program under section 130 of title 23, United
18 States Code.
19 (f) SENSE OF CONGRESS RELATING TO TRESPASSER
20 DEATHS ALONG RAILROAD RIGHTS-OF-WAY.—It is the
21 sense of Congress that the Department should, where fea-
22 sible, coordinate departmental efforts to prevent or reduce
23 trespasser deaths along railroad rights-of-way and at or
24 near railway-highway crossings.
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1 SEC. 11109. SURFACE TRANSPORTATION BLOCK GRANT
2 PROGRAM.
3 (a) IN GENERAL.—Section 133 of title 23, United
4 States Code, is amended—
5 (1) in subsection (b)—
6 (A) in paragraph (1)—
7 (i) in subparagraph (B)—
8 (I) by adding ‘‘or’’ at the end;
9 (II) by striking ‘‘facilities eligi-
10 ble’’ and inserting the following: ‘‘fa-
11 cilities—
12 ‘‘(i) that are eligible’’; and
13 (III) by adding at the end the fol-
14 lowing:
15 ‘‘(ii) that are privately or majority-
16 privately owned, but that the Secretary de-
17 termines provide a substantial public trans-
18 portation benefit or otherwise meet the fore-
19 most needs of the surface transportation sys-
20 tem described in section 101(b)(3)(D);’’;
21 (ii) in subparagraph (E), by striking
22 ‘‘and’’ at the end;
23 (iii) in subparagraph (F), by striking
24 the period at the end and inserting ‘‘; and’’;
25 and
26 (iv) by adding at the end the following:
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1 ‘‘(G) wildlife crossing structures.’’;
2 (B) in paragraph (3), by inserting
3 ‘‘148(a)(4)(B)(xvii),’’ after ‘‘119(g),’’;
4 (C) by redesignating paragraphs (4)
5 through (15) as paragraphs (5), (6), (7), (8), (9),
6 (10), (11), (12), (13), (20), (21), and (22), re-
7 spectively;
8 (D) in paragraph (5) (as so redesignated),
9 by striking ‘‘railway-highway grade crossings’’
10 and inserting ‘‘projects eligible under section 130
11 and installation of safety barriers and nets on
12 bridges’’;
13 (E) in paragraph (7) (as so redesignated)—
14 (i) by inserting ‘‘including the mainte-
15 nance and restoration of existing rec-
16 reational trails,’’ after ‘‘section 206’’; and
17 (ii) by striking ‘‘the safe routes to
18 school program under section 1404 of
19 SAFETEA–LU (23 U.S.C. 402 note)’’ and
20 inserting ‘‘the safe routes to school program
21 under section 208’’;
22 (F) by inserting after paragraph (13) (as so
23 redesignated) the following:
24 ‘‘(14) Projects and strategies designed to reduce
25 the number of wildlife-vehicle collisions, including
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1 project-related planning, design, construction, moni-
2 toring, and preventative maintenance.
3 ‘‘(15) The installation of electric vehicle charging
4 infrastructure and vehicle-to-grid infrastructure.
5 ‘‘(16) The installation and deployment of current
6 and emerging intelligent transportation technologies,
7 including the ability of vehicles to communicate with
8 infrastructure, buildings, and other road users.
9 ‘‘(17) Planning and construction of projects that
10 facilitate intermodal connections between emerging
11 transportation technologies, such as magnetic levita-
12 tion and hyperloop.
13 ‘‘(18) Protective features, including natural in-
14 frastructure, to enhance the resilience of a transpor-
15 tation facility otherwise eligible for assistance under
16 this section.
17 ‘‘(19) Measures to protect a transportation facil-
18 ity otherwise eligible for assistance under this section
19 from cybersecurity threats.’’; and
20 (G) by adding at the end the following:
21 ‘‘(23) Rural barge landing, dock, and waterfront
22 infrastructure projects in accordance with subsection
23 (j).
24 ‘‘(24) Projects to enhance travel and tourism.’’;
25 (2) in subsection (c)—
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1 (A) in paragraph (2), by striking ‘‘para-
2 graphs (4) through (11)’’ and inserting ‘‘para-
3 graphs (5) through (15) and paragraph (23)’’;
4 (B) in paragraph (3), by striking ‘‘and’’ at
5 the end;
6 (C) by redesignating paragraph (4) as
7 paragraph (5); and
8 (D) by inserting after paragraph (3) the fol-
9 lowing:
10 ‘‘(4) for a bridge project for the replacement of
11 a low water crossing (as defined by the Secretary)
12 with a bridge; and’’;
13 (3) in subsection (d)—
14 (A) in paragraph (1)—
15 (i) in the matter preceding subpara-
16 graph (A), by striking ‘‘reservation’’ and
17 inserting ‘‘set aside’’; and
18 (ii) in subparagraph (A)—
19 (I) in the matter preceding clause
20 (i), by striking ‘‘the percentage speci-
21 fied in paragraph (6) for a fiscal year’’
22 and inserting ‘‘55 percent for each of
23 fiscal years 2022 through 2026’’; and
24 (II) by striking clauses (ii) and
25 (iii) and inserting the following:
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1 ‘‘(ii) in urbanized areas of the State
2 with an urbanized area population of not
3 less than 50,000 and not more than
4 200,000;
5 ‘‘(iii) in urban areas of the State with
6 a population not less than 5,000 and not
7 more than 49,999; and
8 ‘‘(iv) in other areas of the State with
9 a population less than 5,000; and’’;
10 (B) by striking paragraph (3) and inserting
11 the following:
12 ‘‘(3) LOCAL CONSULTATION.—
13 ‘‘(A) CONSULTATION WITH METROPOLITAN
14 PLANNING ORGANIZATIONS.—For purposes of
15 clause (ii) of paragraph (1)(A), a State shall—
16 ‘‘(i) establish a process to consult with
17 all metropolitan planning organizations in
18 the State that represent an urbanized area
19 described in that clause; and
20 ‘‘(ii) describe how funds allocated for
21 areas described in that clause will be allo-
22 cated equitably among the applicable ur-
23 banized areas during the period of fiscal
24 years 2022 through 2026.
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1 ‘‘(B) CONSULTATION WITH REGIONAL
2 TRANSPORTATION PLANNING ORGANIZATIONS.—
3 For purposes of clauses (iii) and (iv) of para-
4 graph (1)(A), before obligating funding attrib-
5 uted to an area with a population less than
6 50,000, a State shall consult with the regional
7 transportation planning organizations that rep-
8 resent the area, if any.’’; and
9 (C) by striking paragraph (6);
10 (4) in subsection (e)(1), in the matter preceding
11 subparagraph (A), by striking ‘‘fiscal years 2016
12 through 2020’’ and inserting ‘‘fiscal years 2022
13 through 2026’’;
14 (5) in subsection (f)—
15 (A) in paragraph (1)—
16 (i) by inserting ‘‘or low water crossing
17 (as defined by the Secretary)’’ after ‘‘a high-
18 way bridge’’; and
19 (ii) by inserting ‘‘or low water crossing
20 (as defined by the Secretary)’’ after ‘‘other
21 than a bridge’’;
22 (B) in paragraph (2)(A)—
23 (i) by striking ‘‘activities described in
24 subsection (b)(2) for off-system bridges’’ and
25 inserting ‘‘activities described in para-
† HR 3684 EAS
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1 graphs (1)(A) and (10) of subsection (b) for
2 off-system bridges, projects and activities
3 described in subsection (b)(1)(A) for the re-
4 placement of low water crossings with
5 bridges, and projects and activities de-
6 scribed in subsection (b)(10) for low water
7 crossings (as defined by the Secretary),’’;
8 and
9 (ii) by striking ‘‘15 percent’’ and in-
10 serting ‘‘20 percent’’; and
11 (C) in paragraph (3), in the matter pre-
12 ceding subparagraph (A)—
13 (i) by striking ‘‘bridge or rehabilita-
14 tion of a bridge’’ and inserting ‘‘bridge, re-
15 habilitation of a bridge, or replacement of a
16 low water crossing (as defined by the Sec-
17 retary) with a bridge’’; and
18 (ii) by inserting ‘‘or, in the case of a
19 replacement of a low water crossing with a
20 bridge, is determined by the Secretary on
21 completion to have improved the safety of
22 the location’’ after ‘‘no longer a deficient
23 bridge’’;
24 (6) in subsection (g)—
† HR 3684 EAS
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1 (A) in the subsection heading, by striking
2 ‘‘LESS THAN 5,000’’ and inserting ‘‘LESS THAN
3 50,000’’; and
4 (B) by striking paragraph (1) and inserting
5 the following:
6 ‘‘(1) IN GENERAL.—Notwithstanding subsection
7 (c), and except as provided in paragraph (2), up to
8 15 percent of the amounts required to be obligated by
9 a State under clauses (iii) and (iv) of subsection
10 (d)(1)(A) for each fiscal year may be obligated on—
11 ‘‘(A) roads functionally classified as rural
12 minor collectors or local roads; or
13 ‘‘(B) on critical rural freight corridors des-
14 ignated under section 167(e).’’; and
15 (7) by adding at the end the following:
16 ‘‘(j) RURAL BARGE LANDING, DOCK, AND WATER-
17 FRONT INFRASTRUCTURE PROJECTS.—
18 ‘‘(1) IN GENERAL.—A State may use not more
19 than 5 percent of the funds apportioned to the State
20 under section 104(b)(2) for eligible rural barge land-
21 ing, dock, and waterfront infrastructure projects de-
22 scribed in paragraph (2).
23 ‘‘(2) ELIGIBLE PROJECTS.—An eligible rural
24 barge landing, dock, or waterfront infrastructure
25 project referred to in paragraph (1) is a project for
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1 the planning, designing, engineering, or construction
2 of a barge landing, dock, or other waterfront infra-
3 structure in a rural community or a Native village
4 (as defined in section 3 of the Alaska Native Claims
5 Settlement Act (43 U.S.C. 1602)) that is off the road
6 system.
7 ‘‘(k) PROJECTS IN RURAL AREAS.—
8 ‘‘(1) SET ASIDE.—Notwithstanding subsection
9 (c), in addition to the activities described in sub-
10 sections (b) and (g), of the amounts apportioned to a
11 State for each fiscal year to carry out this section, not
12 more than 15 percent may be—
13 ‘‘(A) used on eligible projects under sub-
14 section (b) or maintenance activities on roads
15 functionally classified as rural minor collectors
16 or local roads, ice roads, or seasonal roads; or
17 ‘‘(B) transferred to—
18 ‘‘(i) the Appalachian Highway System
19 Program under 14501 of title 40; or
20 ‘‘(ii) the Denali access system program
21 under section 309 of the Denali Commission
22 Act of 1998 (42 U.S.C. 3121 note; Public
23 Law 105–277).
24 ‘‘(2) SAVINGS CLAUSE.—Amounts allocated
25 under subsection (d) shall not be used to carry out
† HR 3684 EAS
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1 this subsection, except at the request of the applicable
2 metropolitan planning organization.’’.
3 (b) SET-ASIDE.—
4 (1) IN GENERAL.—Section 133(h) of title 23,
5 United States Code, is amended—
6 (A) in paragraph (1)—
7 (i) in the heading, by striking ‘‘RES-
8 ERVATION OF FUNDS’’ and inserting ‘‘IN
9 GENERAL’’; and
10 (ii) in the matter preceding subpara-
11 graph (A), by striking ‘‘for each fiscal year’’
12 and all that follows through ‘‘and’’ at the
13 end of subparagraph (A)(ii) and inserting
14 the following: ‘‘for fiscal year 2022 and each
15 fiscal year thereafter—
16 ‘‘(A) the Secretary shall set aside an
17 amount equal to 10 percent to carry out this
18 subsection; and’’;
19 (B) by striking paragraph (2) and inserting
20 the following:
21 ‘‘(2) ALLOCATION WITHIN A STATE.—
22 ‘‘(A) IN GENERAL.—Except as provided in
23 subparagraph (B), funds set aside for a State
24 under paragraph (1) shall be obligated within
25 that State in the manner described in subsection
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1 (d), except that, for purposes of this paragraph
2 (after funds are made available under paragraph
3 (5))—
4 ‘‘(i) for fiscal year 2022 and each fis-
5 cal year thereafter, the percentage referred
6 to in paragraph (1)(A) of that subsection
7 shall be deemed to be 59 percent; and
8 ‘‘(ii) paragraph (3) of subsection (d)
9 shall not apply.
10 ‘‘(B) LOCAL CONTROL.—A State may allo-
11 cate up to 100 percent of the funds referred to in
12 subparagraph (A)(i) if—
13 ‘‘(i) the State submits to the Secretary
14 a plan that describes—
15 ‘‘(I) how funds will be allocated to
16 counties, metropolitan planning orga-
17 nizations, regional transportation
18 planning organizations as described in
19 section 135(m), or local governments;
20 ‘‘(II) how the entities described in
21 subclause (I) will carry out a competi-
22 tive process to select projects for fund-
23 ing and report selected projects to the
24 State;
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1 ‘‘(III) the legal, financial, and
2 technical capacity of the entities de-
3 scribed in subclause (I);
4 ‘‘(IV) how input was gathered
5 from the entities described in subclause
6 (I) to ensure those entities will be able
7 to comply with the requirements of this
8 subsection; and
9 ‘‘(V) how the State will comply
10 with paragraph (8); and
11 ‘‘(ii) the Secretary approves the plan
12 submitted under clause (i).’’;
13 (C) by striking paragraph (3) and inserting
14 the following:
15 ‘‘(3) ELIGIBLE PROJECTS.—Funds set aside
16 under this subsection may be obligated for—
17 ‘‘(A) projects or activities described in sec-
18 tion 101(a)(29) or 213, as those provisions were
19 in effect on the day before the date of enactment
20 of the FAST Act (Public Law 114–94; 129 Stat.
21 1312);
22 ‘‘(B) projects and activities under the safe
23 routes to school program under section 208; and
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1 ‘‘(C) activities in furtherance of a vulner-
2 able road user safety assessment (as defined in
3 section 148(a)).’’;
4 (D) in paragraph (4)—
5 (i) by striking subparagraph (A);
6 (ii) by redesignating subparagraph (B)
7 as subparagraph (A);
8 (iii) in subparagraph (A) (as so redes-
9 ignated)—
10 (I) by redesignating clauses (vii)
11 and (viii) as clauses (viii) and (ix), re-
12 spectively;
13 (II) by inserting after clause (vi)
14 the following:
15 ‘‘(vii) a metropolitan planning organi-
16 zation that serves an urbanized area with a
17 population of 200,000 or fewer;’’;
18 (III) in clause (viii) (as so redes-
19 ignated), by striking ‘‘responsible’’ and
20 all that follows through ‘‘programs;
21 and’’ and inserting a semicolon;
22 (IV) in clause (ix) (as so redesig-
23 nated)—
24 (aa) by inserting ‘‘that serves
25 an urbanized area with a popu-
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1 lation of over 200,000’’ after
2 ‘‘metropolitan planning organiza-
3 tion’’; and
4 (bb) by striking the period at
5 the end and inserting ‘‘; and’’;
6 and
7 (V) by adding at the end the fol-
8 lowing:
9 ‘‘(x) a State, at the request of an entity
10 described in clauses (i) through (ix).’’; and
11 (iv) by adding at the end the following:
12 ‘‘(B) COMPETITIVE PROCESS.—A State or
13 metropolitan planning organization required to
14 obligate funds in accordance with paragraph (2)
15 shall develop a competitive process to allow eligi-
16 ble entities to submit projects for funding that
17 achieve the objectives of this subsection.
18 ‘‘(C) SELECTION.—A metropolitan plan-
19 ning organization for an area described in sub-
20 section (d)(1)(A)(i) shall select projects under the
21 competitive process described in subparagraph
22 (B) in consultation with the relevant State.
23 ‘‘(D) PRIORITIZATION.—The competitive
24 process described in subparagraph (B) shall in-
25 clude prioritization of project location and im-
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1 pact in high-need areas as defined by the State,
2 such as low-income, transit-dependent, rural, or
3 other areas.’’;
4 (E) in paragraph (5)(A), by striking ‘‘re-
5 served under this section’’ and inserting ‘‘set
6 aside under this subsection’’;
7 (F) in paragraph (6)—
8 (i) in subparagraph (B), by striking
9 ‘‘reserved’’ and inserting ‘‘set aside’’; and
10 (ii) by adding at the end the following:
11 ‘‘(C) IMPROVING ACCESSIBILITY AND EFFI-
12 CIENCY.—
13 ‘‘(i) IN GENERAL.—A State may use
14 an amount equal to not more than 5 per-
15 cent of the funds set aside for the State
16 under this subsection, after allocating funds
17 in accordance with paragraph (2)(A), to
18 improve the ability of applicants to access
19 funding for projects under this subsection in
20 an efficient and expeditious manner by pro-
21 viding—
22 ‘‘(I) to applicants for projects
23 under this subsection application as-
24 sistance, technical assistance, and as-
25 sistance in reducing the period of time
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1 between the selection of the project and
2 the obligation of funds for the project;
3 and
4 ‘‘(II) funding for 1 or more full-
5 time State employee positions to ad-
6 minister this subsection.
7 ‘‘(ii) USE OF FUNDS.—Amounts used
8 under clause (i) may be expended—
9 ‘‘(I) directly by the State; or
10 ‘‘(II) through contracts with State
11 agencies, private entities, or nonprofit
12 entities.’’;
13 (G) by redesignating paragraph (7) as
14 paragraph (8);
15 (H) by inserting after paragraph (6) the
16 following:
17 ‘‘(7) FEDERAL SHARE.—
18 ‘‘(A) REQUIRED AGGREGATE NON-FEDERAL
19 SHARE.—The average annual non-Federal share
20 of the total cost of all projects for which funds
21 are obligated under this subsection in a State for
22 a fiscal year shall be not less than the average
23 non-Federal share of the cost of the projects that
24 would otherwise apply.
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1 ‘‘(B) FLEXIBLE FINANCING.—Subject to sub-
2 paragraph (A), notwithstanding section 120—
3 ‘‘(i) funds made available to carry out
4 section 148 may be credited toward the non-
5 Federal share of the costs of a project under
6 this subsection if the project—
7 ‘‘(I) is an eligible project de-
8 scribed in section 148(e)(1); and
9 ‘‘(II) is consistent with the State
10 strategic highway safety plan (as de-
11 fined in section 148(a));
12 ‘‘(ii) the non-Federal share for a
13 project under this subsection may be cal-
14 culated on a project, multiple-project, or
15 program basis; and
16 ‘‘(iii) the Federal share of the cost of
17 an individual project in this section may be
18 up to 100 percent.
19 ‘‘(C) REQUIREMENT.—Subparagraph (B)
20 shall only apply to a State if the State has ade-
21 quate financial controls, as certified by the Sec-
22 retary, to account for the average annual non-
23 Federal share under this paragraph.’’; and
24 (I) in subparagraph (A) of paragraph (8)
25 (as so redesignated)—
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1 (i) in the matter preceding clause (i),
2 by striking ‘‘describes’’ and inserting ‘‘in-
3 cludes’’; and
4 (ii) by striking clause (ii) and insert-
5 ing the following:
6 ‘‘(ii) a list of each project selected for
7 funding for each fiscal year, including, for
8 each project—
9 ‘‘(I) the fiscal year during which
10 the project was selected;
11 ‘‘(II) the fiscal year in which the
12 project is anticipated to be funded;
13 ‘‘(III) the recipient;
14 ‘‘(IV) the location, including the
15 congressional district;
16 ‘‘(V) the type;
17 ‘‘(VI) the cost; and
18 ‘‘(VII) a brief description.’’.
19 (2) STATE TRANSFERABILITY.—Section 126(b)(2)
20 of title 23, United States Code, is amended—
21 (A) by striking the period at the end and
22 inserting ‘‘; and’’;
23 (B) by striking ‘‘reserved for a State under
24 section 133(h) for a fiscal year may’’ and insert-
† HR 3684 EAS
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1 ing the following: ‘‘set aside for a State under
2 section 133(h) for a fiscal year—
3 ‘‘(A) may’’; and
4 (C) by adding at the end the following:
5 ‘‘(B) may only be transferred if the Sec-
6 retary certifies that the State—
7 ‘‘(i) held a competition in compliance
8 with the guidance issued to carry out sec-
9 tion 133(h) and provided sufficient time for
10 applicants to apply;
11 ‘‘(ii) offered to each eligible entity, and
12 provided on request of an eligible entity,
13 technical assistance; and
14 ‘‘(iii) demonstrates that there were not
15 sufficiently suitable applications from eligi-
16 ble entities to use the funds to be trans-
17 ferred.’’.
18 SEC. 11110. NATIONALLY SIGNIFICANT FREIGHT AND HIGH-
19 WAY PROJECTS.
20 (a) IN GENERAL.—Section 117 of title 23, United
21 States Code, is amended—
22 (1) in the section heading, by inserting
23 ‘‘multimodal’’ before ‘‘freight’’;
24 (2) in subsection (a)(2)—
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1 (A) in subparagraph (A), by inserting ‘‘in
2 and across rural and urban areas’’ after ‘‘peo-
3 ple’’;
4 (B) in subparagraph (C), by inserting ‘‘or
5 freight’’ after ‘‘highway’’;
6 (C) in subparagraph (E), by inserting ‘‘or
7 freight’’ after ‘‘highway’’; and
8 (D) in subparagraph (F), by inserting ‘‘,
9 including highways that support movement of
10 energy equipment’’ after ‘‘security’’;
11 (3) 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 retained
21 under subparagraph (A) to the relevant Admin-
22 istrators to fund the award and oversight of
23 grants provided under this section.’’;
24 (4) in subsection (c)(1)—
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1 (A) by redesignating subparagraph (H) as
2 subparagraph (I); and
3 (B) by inserting after subparagraph (G) the
4 following:
5 ‘‘(H) A multistate corridor organization.’’;
6 (5) in subsection (d)—
7 (A) in paragraph (1)(A)—
8 (i) in clause (iii)(II), by striking ‘‘or’’
9 at the end;
10 (ii) in clause (iv), by striking ‘‘and’’ at
11 the end; and
12 (iii) by adding at the end the fol-
13 lowing:
14 ‘‘(v) a wildlife crossing project;
15 ‘‘(vi) a surface transportation infra-
16 structure project that—
17 ‘‘(I) is located within the bound-
18 aries of or functionally connected to an
19 international border crossing area in
20 the United States;
21 ‘‘(II) improves a transportation
22 facility owned by a Federal, State, or
23 local government entity; and
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1 ‘‘(III) increases throughput effi-
2 ciency of the border crossing described
3 in subclause (I), including—
4 ‘‘(aa) a project to add lanes;
5 ‘‘(bb) a project to add tech-
6 nology; and
7 ‘‘(cc) other surface transpor-
8 tation improvements;
9 ‘‘(vii) a project for a marine highway
10 corridor designated by the Secretary under
11 section 55601(c) of title 46 (including an
12 inland waterway corridor), if the Secretary
13 determines 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; or
19 ‘‘(viii) a highway, bridge, or freight
20 project carried out on the National
21 Multimodal Freight Network established
22 under section 70103 of title 49; and’’; and
23 (B) in paragraph (2)(A), in the matter pre-
24 ceding clause (i)—
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1 (i) by striking ‘‘$600,000,000’’ and in-
2 serting ‘‘30 percent’’; and
3 (ii) by striking ‘‘fiscal years 2016
4 through 2020, in the aggregate,’’ and insert-
5 ing ‘‘each of fiscal years 2022 through
6 2026’’;
7 (6) in subsection (e)—
8 (A) in paragraph (1), by striking ‘‘10 per-
9 cent’’ and inserting ‘‘not less than 15 percent’’;
10 (B) in paragraph (3)—
11 (i) in subparagraph (A), by striking
12 ‘‘and’’ at the end;
13 (ii) in subparagraph (B), by striking
14 the period at the end and inserting ‘‘; and’’;
15 and
16 (iii) by adding at the end the fol-
17 lowing:
18 ‘‘(C) the effect of the proposed project on
19 safety on freight corridors with significant haz-
20 ards, such as high winds, heavy snowfall, flood-
21 ing, rockslides, mudslides, wildfire, wildlife cross-
22 ing onto the roadway, or steep grades.’’; and
23 (C) by adding at the end the following:
24 ‘‘(4) REQUIREMENT.—Of the amounts reserved
25 under paragraph (1), not less than 30 percent shall
† HR 3684 EAS
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1 be used for projects in rural areas (as defined in sub-
2 section (i)(3)).’’;
3 (7) in subsection (f)(2), by inserting ‘‘(including
4 a project to replace or rehabilitate a culvert, or to re-
5 duce stormwater runoff for the purpose of improving
6 habitat for aquatic species)’’ after ‘‘environmental
7 mitigation’’;
8 (8) in subsection (h)—
9 (A) in paragraph (2), by striking ‘‘and’’ at
10 the end;
11 (B) in paragraph (3), by striking the period
12 at the end and inserting a semicolon; and
13 (C) by adding at the end the following:
14 ‘‘(4) enhancement of freight resilience to natural
15 hazards or disasters, including high winds, heavy
16 snowfall, flooding, rockslides, mudslides, wildfire,
17 wildlife crossing onto the roadway, or steep grades;
18 ‘‘(5) whether the project will improve the shared
19 transportation corridor of a multistate corridor orga-
20 nization, if applicable; and
21 ‘‘(6) prioritizing projects located in States in
22 which neither the State nor an eligible entity in that
23 State has been awarded a grant under this section.’’;
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1 (9) in subsection (i)(2), by striking ‘‘other grants
2 under this section’’ and inserting ‘‘grants under sub-
3 section (e)’’;
4 (10) in subsection (j)—
5 (A) by striking the subsection designation
6 and heading and all that follows through ‘‘The
7 Federal share’’ in paragraph (1) and inserting
8 the following:
9 ‘‘(j) FEDERAL ASSISTANCE.—
10 ‘‘(1) FEDERAL SHARE.—
11 ‘‘(A) IN GENERAL.—Except as provided in
12 subparagraph (B) or for a grant under sub-
13 section (q), the Federal share’’;
14 (B) in paragraph (1), by adding at the end
15 the following:
16 ‘‘(B) SMALL PROJECTS.—In the case of a
17 project described in subsection (e)(1), the Federal
18 share of the cost of the project shall be 80 per-
19 cent.’’; and
20 (C) in paragraph (2)—
21 (i) by striking ‘‘Federal assistance
22 other’’ and inserting ‘‘Except for grants
23 under subsection (q), Federal assistance
24 other’’; and
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1 (ii) by striking ‘‘except that the total
2 Federal’’ and inserting the following: ‘‘ex-
3 cept that—
4 ‘‘(A) for a State with a population density
5 of not more than 80 persons per square mile of
6 land area, based on the 2010 census, the max-
7 imum share of the total Federal assistance pro-
8 vided for a project receiving a grant under this
9 section shall be the applicable share under sec-
10 tion 120(b); and
11 ‘‘(B) for a State not described in subpara-
12 graph (A), the total Federal’’;
13 (11) by redesignating subsections (k) through (n)
14 as subsections (l), (m), (n), and (p), respectively;
15 (12) by inserting after subsection (j) the fol-
16 lowing:
17 ‘‘(k) EFFICIENT USE OF NON-FEDERAL FUNDS.—
18 ‘‘(1) IN GENERAL.—Notwithstanding any other
19 provision of law and subject to approval by the Sec-
20 retary under paragraph (2)(B), in the case of any
21 grant for a project under this section, during the pe-
22 riod beginning on the date on which the grant recipi-
23 ent is selected and ending on the date on which the
24 grant agreement is signed—
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1 ‘‘(A) the grant recipient may obligate and
2 expend non-Federal funds with respect to the
3 project for which the grant is provided; and
4 ‘‘(B) any non-Federal funds obligated or ex-
5 pended in accordance with subparagraph (A)
6 shall be credited toward the non-Federal cost
7 share for the project for which the grant is pro-
8 vided.
9 ‘‘(2) REQUIREMENTS.—
10 ‘‘(A) APPLICATION.—In order to obligate
11 and expend non-Federal funds under paragraph
12 (1), the grant recipient shall submit to the Sec-
13 retary a request to obligate and expend non-Fed-
14 eral funds under that paragraph, including—
15 ‘‘(i) a description of the activities the
16 grant recipient intends to fund;
17 ‘‘(ii) a justification for advancing the
18 activities described in clause (i), including
19 an assessment of the effects to the project
20 scope, schedule, and budget if the request is
21 not approved; and
22 ‘‘(iii) the level of risk of the activities
23 described in clause (i).
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1 ‘‘(B) APPROVAL.—The Secretary shall ap-
2 prove or disapprove each request submitted
3 under subparagraph (A).
4 ‘‘(C) COMPLIANCE WITH APPLICABLE RE-
5 QUIREMENTS.—Any non-Federal funds obligated
6 or expended under paragraph (1) shall comply
7 with all applicable requirements, including any
8 requirements included in the grant agreement.
9 ‘‘(3) EFFECT.—The obligation or expenditure of
10 any non-Federal funds in accordance with this sub-
11 section shall not—
12 ‘‘(A) affect the signing of a grant agreement
13 or other applicable grant procedures with respect
14 to the applicable grant;
15 ‘‘(B) create an obligation on the part of the
16 Federal Government to repay any non-Federal
17 funds if the grant agreement is not signed; or
18 ‘‘(C) affect the ability of the recipient of the
19 grant to obligate or expend non-Federal funds to
20 meet the non-Federal cost share for the project
21 for which the grant is provided after the period
22 described in paragraph (1).’’;
23 (13) in subsection (n) (as so redesignated), by
24 striking paragraph (1) and inserting the following:
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1 ‘‘(1) IN GENERAL.—Not later than 60 days be-
2 fore the date on which a grant is provided for a
3 project under this section, the Secretary shall submit
4 to the Committees on Commerce, Science, and Trans-
5 portation and Environment and Public Works of the
6 Senate and the Committee on Transportation and In-
7 frastructure of the House of Representatives a report
8 describing the proposed grant, including—
9 ‘‘(A) an evaluation and justification for the
10 applicable project; and
11 ‘‘(B) a description of the amount of the pro-
12 posed grant award.’’;
13 (14) by inserting after subsection (n) (as so re-
14 designated) the following:
15 ‘‘(o) APPLICANT NOTIFICATION.—
16 ‘‘(1) IN GENERAL.—Not later than 60 days after
17 the date on which a grant recipient for a project
18 under this section is selected, the Secretary shall pro-
19 vide to each eligible applicant not selected for that
20 grant a written notification that the eligible appli-
21 cant was not selected.
22 ‘‘(2) INCLUSION.—A written notification under
23 paragraph (1) shall include an offer for a written or
24 telephonic debrief by the Secretary that will pro-
25 vide—
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1 ‘‘(A) detail on the evaluation of the applica-
2 tion of the eligible applicant; and
3 ‘‘(B) an explanation of and guidance on the
4 reasons the application was not selected for a
5 grant under this section.
6 ‘‘(3) RESPONSE.—
7 ‘‘(A) IN GENERAL.—Not later than 30 days
8 after the eligible applicant receives a written no-
9 tification under paragraph (1), if the eligible ap-
10 plicant opts to receive a debrief described in
11 paragraph (2), the eligible applicant shall notify
12 the Secretary that the eligible applicant is re-
13 questing a debrief.
14 ‘‘(B) DEBRIEF.—If the eligible applicant
15 submits a request for a debrief under subpara-
16 graph (A), the Secretary shall provide the debrief
17 by not later than 60 days after the date on which
18 the Secretary receives the request for a debrief.’’;
19 and
20 (15) by striking subsection (p) (as so redesig-
21 nated) and inserting the following:
22 ‘‘(p) REPORTS.—
23 ‘‘(1) ANNUAL REPORT.—
24 ‘‘(A) IN GENERAL.—Notwithstanding any
25 other provision of law, not later than 30 days
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1 after the date on which the Secretary selects a
2 project for funding under this section, the Sec-
3 retary shall submit to the Committee on Envi-
4 ronment and Public Works of the Senate and the
5 Committee on Transportation and Infrastructure
6 of the House of Representatives a report that de-
7 scribes the reasons for selecting the project, based
8 on any criteria established by the Secretary in
9 accordance with this section.
10 ‘‘(B) INCLUSIONS.—The report submitted
11 under subparagraph (A) shall specify each cri-
12 terion established by the Secretary that the
13 project meets.
14 ‘‘(C) AVAILABILITY.—The Secretary shall
15 make available on the website of the Department
16 of Transportation the report submitted under
17 subparagraph (A).
18 ‘‘(D) APPLICABILITY.—This paragraph ap-
19 plies to all projects described in subparagraph
20 (A) that the Secretary selects on or after October
21 1, 2021.
22 ‘‘(2) COMPTROLLER GENERAL.—
23 ‘‘(A) ASSESSMENT.—The Comptroller Gen-
24 eral of the United States shall conduct an assess-
25 ment of the establishment, solicitation, selection,
† HR 3684 EAS
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1 and justification process with respect to the
2 funding of projects under this section.
3 ‘‘(B) REPORT.—Not later than 1 year after
4 the date of enactment of the Surface Transpor-
5 tation Reauthorization Act of 2021 and annually
6 thereafter, the Comptroller General of the United
7 States shall submit to the Committee on Envi-
8 ronment and Public Works of the Senate and the
9 Committee on Transportation and Infrastructure
10 of the House of Representatives a report that de-
11 scribes, for each project selected to receive fund-
12 ing under this section—
13 ‘‘(i) the process by which each project
14 was selected;
15 ‘‘(ii) the factors that went into the se-
16 lection of each project; and
17 ‘‘(iii) the justification for the selection
18 of each project based on any criteria estab-
19 lished by the Secretary in accordance with
20 this section.
21 ‘‘(3) INSPECTOR GENERAL.—Not later than 1
22 year after the date of enactment of the Surface Trans-
23 portation Reauthorization Act of 2021 and annually
24 thereafter, the Inspector General of the Department of
25 Transportation shall—
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1 ‘‘(A) conduct an assessment of the establish-
2 ment, solicitation, selection, and justification
3 process with respect to the funding of projects
4 under this section; and
5 ‘‘(B) submit to the Committee on Environ-
6 ment and Public Works of the Senate and the
7 Committee on Transportation and Infrastructure
8 of the House of Representatives a final report
9 that describes the findings of the Inspector Gen-
10 eral of the Department of Transportation with
11 respect to the assessment conducted under sub-
12 paragraph (A).
13 ‘‘(q) STATE INCENTIVES PILOT PROGRAM.—
14 ‘‘(1) ESTABLISHMENT.—There is established a
15 pilot program to award grants to eligible applicants
16 for projects eligible for grants under this section (re-
17 ferred to in this subsection as the ‘pilot program’).
18 ‘‘(2) PRIORITY.—In awarding grants under the
19 pilot program, the Secretary shall give priority to an
20 application that offers a greater non-Federal share of
21 the cost of a project relative to other applications
22 under the pilot program.
23 ‘‘(3) FEDERAL SHARE.—
24 ‘‘(A) IN GENERAL.—Notwithstanding any
25 other provision of law, the Federal share of the
† HR 3684 EAS
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1 cost of a project assisted with a grant under the
2 pilot program may not exceed 50 percent.
3 ‘‘(B) NO FEDERAL INVOLVEMENT.—
4 ‘‘(i) IN GENERAL.—For grants award-
5 ed under the pilot program, except as pro-
6 vided in clause (ii), an eligible applicant
7 may not use Federal assistance to satisfy
8 the non-Federal share of the cost under sub-
9 paragraph (A).
10 ‘‘(ii) EXCEPTION.—An eligible appli-
11 cant may use funds from a secured loan (as
12 defined in section 601(a)) to satisfy the
13 non-Federal share of the cost under sub-
14 paragraph (A) if the loan is repayable from
15 non-Federal funds.
16 ‘‘(4) RESERVATION.—
17 ‘‘(A) IN GENERAL.—Of the amounts made
18 available to provide grants under this section,
19 the Secretary shall reserve for each fiscal year
20 $150,000,000 to provide grants under the pilot
21 program.
22 ‘‘(B) UNUTILIZED AMOUNTS.—In any fiscal
23 year during which applications under this sub-
24 section are insufficient to effect an award or al-
25 location of the entire amount reserved under sub-
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1 paragraph (A), the Secretary shall use the unuti-
2 lized amounts to provide other grants under this
3 section.
4 ‘‘(5) SET-ASIDES.—
5 ‘‘(A) SMALL PROJECTS.—
6 ‘‘(i) IN GENERAL.—Of the amounts re-
7 served under paragraph (4)(A), the Sec-
8 retary shall reserve for each fiscal year not
9 less than 10 percent for projects eligible for
10 a grant under subsection (e).
11 ‘‘(ii) REQUIREMENT.—For a grant
12 awarded from the amount reserved under
13 clause (i)—
14 ‘‘(I) the requirements of subsection
15 (e) shall apply; and
16 ‘‘(II) the requirements of sub-
17 section (g) shall not apply.
18 ‘‘(B) RURAL PROJECTS.—
19 ‘‘(i) IN GENERAL.—Of the amounts re-
20 served under paragraph (4)(A), the Sec-
21 retary shall reserve for each fiscal year not
22 less than 25 percent for projects eligible for
23 a grant under subsection (i).
24 ‘‘(ii) REQUIREMENT.—For a grant
25 awarded from the amount reserved under
† HR 3684 EAS
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1 clause (i), the requirements of subsection (i)
2 shall apply.
3 ‘‘(6) REPORT TO CONGRESS.—Not later than 2
4 years after the date of enactment of this subsection,
5 the Secretary shall submit to the Committee on Envi-
6 ronment and Public Works and the Committee on
7 Commerce, Science, and Transportation of the Senate
8 and the Committee on Transportation and Infrastruc-
9 ture of the House of Representatives a report that de-
10 scribes the administration of the pilot program, in-
11 cluding—
12 ‘‘(A) the number, types, and locations of eli-
13 gible applicants that have applied for grants
14 under the pilot program;
15 ‘‘(B) the number, types, and locations of
16 grant recipients under the pilot program;
17 ‘‘(C) an assessment of whether implementa-
18 tion of the pilot program has incentivized eligi-
19 ble applicants to offer a greater non-Federal
20 share for grants under the pilot program; and
21 ‘‘(D) any recommendations for modifica-
22 tions to the pilot program.
23 ‘‘(r) MULTISTATE CORRIDOR ORGANIZATION DE-
24 FINED.—For purposes of this section, the term ‘multistate
25 corridor organization’ means an organization of a group
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1 of States developed through cooperative agreements, coali-
2 tions, or other arrangements to promote regional coopera-
3 tion, planning, and shared project implementation for pro-
4 grams and projects to improve transportation system man-
5 agement and operations for a shared transportation cor-
6 ridor.
7 ‘‘(s) ADDITIONAL AUTHORIZATION OF APPROPRIA-
8 TIONS.—In addition to amounts made available from the
9 Highway Trust Fund, there are authorized to be appro-
10 priated to carry out this section, to remain available for
11 a period of 3 fiscal years following the fiscal year for which
12 the amounts are appropriated—
13 ‘‘(1) $1,000,000,000 for fiscal year 2022;
14 ‘‘(2) $1,100,000,000 for fiscal year 2023;
15 ‘‘(3) $1,200,000,000 for fiscal year 2024;
16 ‘‘(4) $1,300,000,000 for fiscal year 2025; and
17 ‘‘(5) $1,400,000,000 for fiscal year 2026.’’.
18 (b) CLERICAL AMENDMENT.—The analysis for chapter
19 1 of title 23, United States Code, is amended by striking
20 the item relating to section 117 and inserting the following:
‘‘117. Nationally significant multimodal freight and highway projects.’’.
21 (c) EFFICIENT USE OF NON-FEDERAL FUNDS.—
22 (1) IN GENERAL.—Notwithstanding any other
23 provision of law, in the case of a grant described in
24 paragraph (2), section 117(k) of title 23, United
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1 States Code, shall apply to the grant as if the grant
2 was a grant provided under that section.
3 (2) GRANT DESCRIBED.—A grant referred to in
4 paragraph (1) is a grant that is—
5 (A) provided under a competitive discre-
6 tionary grant program administered by the Fed-
7 eral Highway Administration;
8 (B) for a project eligible under title 23,
9 United States Code; and
10 (C) in an amount greater than $5,000,000.
11 SEC. 11111. HIGHWAY SAFETY IMPROVEMENT PROGRAM.
12 (a) IN GENERAL.—Section 148 of title 23, United
13 States Code, is amended—
14 (1) in subsection (a)—
15 (A) in paragraph (4)(B)—
16 (i) in clause (i), by inserting ‘‘that
17 provides for the safety of all road users, as
18 appropriate, including a multimodal
19 roundabout’’ after ‘‘improvement’’;
20 (ii) in clause (vi), by inserting ‘‘or a
21 grade separation project’’ after ‘‘devices’’;
22 (iii) by striking clause (viii) and in-
23 serting the following:
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1 ‘‘(viii) Construction or installation of
2 features, measures, and road designs to
3 calm traffic and reduce vehicle speeds.’’;
4 (iv) by striking clause (xxvi) and in-
5 serting the following:
6 ‘‘(xxvi) Installation or upgrades of
7 traffic control devices for pedestrians and
8 bicyclists, including pedestrian hybrid bea-
9 cons and the addition of bicycle movement
10 phases to traffic signals.’’; and
11 (v) by striking clauses (xxvii) and
12 (xxviii) and inserting the following:
13 ‘‘(xxvii) Roadway improvements that
14 provide separation between pedestrians and
15 motor vehicles or between bicyclists and
16 motor vehicles, including medians, pedes-
17 trian crossing islands, protected bike lanes,
18 and protected intersection features.
19 ‘‘(xxviii) A pedestrian security feature
20 designed to slow or stop a motor vehicle.
21 ‘‘(xxix) A physical infrastructure safe-
22 ty project not described in clauses (i)
23 through (xxviii).’’;
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1 (B) by redesignating paragraphs (9)
2 through (12) as paragraphs (10), (12), (13), and
3 (14), respectively;
4 (C) by inserting after paragraph (8) the fol-
5 lowing:
6 ‘‘(9) SAFE SYSTEM APPROACH.—The term ‘safe
7 system approach’ means a roadway design—
8 ‘‘(A) that emphasizes minimizing the risk of
9 injury or fatality to road users; and
10 ‘‘(B) that—
11 ‘‘(i) takes into consideration the possi-
12 bility and likelihood of human error;
13 ‘‘(ii) accommodates human injury tol-
14 erance by taking into consideration likely
15 accident types, resulting impact forces, and
16 the ability of the human body to withstand
17 impact forces; and
18 ‘‘(iii) takes into consideration vulner-
19 able road users.’’;
20 (D) by inserting after paragraph (10) (as so
21 redesignated) the following:
22 ‘‘(11) SPECIFIED SAFETY PROJECT.—
23 ‘‘(A) IN GENERAL.—The term ‘specified
24 safety project’ means a project carried out for the
25 purpose of safety under any other section of this
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1 title that is consistent with the State strategic
2 highway safety plan.
3 ‘‘(B) INCLUSION.—The term ‘specified safe-
4 ty project’ includes a project that—
5 ‘‘(i) promotes public awareness and in-
6 forms the public regarding highway safety
7 matters (including safety for motorcyclists,
8 bicyclists, pedestrians, individuals with dis-
9 abilities, and other road users);
10 ‘‘(ii) facilitates enforcement of traffic
11 safety laws;
12 ‘‘(iii) provides infrastructure and in-
13 frastructure-related equipment to support
14 emergency services;
15 ‘‘(iv) conducts safety-related research to
16 evaluate experimental safety counter-
17 measures or equipment; or
18 ‘‘(v) supports safe routes to school non-
19 infrastructure-related activities described in
20 section 208(g)(2).’’;
21 (E) in paragraph (13) (as so redesig-
22 nated)—
23 (i) by redesignating subparagraphs
24 (G), (H), and (I) as subparagraphs (H),
25 (I), and (J), respectively; and
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1 (ii) by inserting after subparagraph
2 (F) the following;
3 ‘‘(G) includes a vulnerable road user safety
4 assessment;’’; and
5 (F) by adding at the end the following:
6 ‘‘(15) VULNERABLE ROAD USER.—The term ‘vul-
7 nerable road user’ means a nonmotorist—
8 ‘‘(A) with a fatality analysis reporting sys-
9 tem person attribute code that is included in the
10 definition of the term ‘number of non-motorized
11 fatalities’ in section 490.205 of title 23, Code of
12 Federal Regulations (or successor regulations); or
13 ‘‘(B) described in the term ‘number of non-
14 motorized serious injuries’ in that section.
15 ‘‘(16) VULNERABLE ROAD USER SAFETY ASSESS-
16 MENT.—The term ‘vulnerable road user safety assess-
17 ment’ means an assessment of the safety performance
18 of the State with respect to vulnerable road users and
19 the plan of the State to improve the safety of vulner-
20 able road users as described in subsection (l).’’;
21 (2) in subsection (c)—
22 (A) in paragraph (1)(A), by striking ‘‘sub-
23 sections (a)(11)’’ and inserting ‘‘subsections
24 (a)(13)’’; and
25 (B) in paragraph (2)—
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1 (i) in subparagraph (A)(vi), by insert-
2 ing ‘‘and to differentiate the safety data for
3 vulnerable road users, including bicyclists,
4 motorcyclists, and pedestrians, from other
5 road users’’ after ‘‘crashes’’;
6 (ii) in subparagraph (B)(i), by strik-
7 ing ‘‘(including motorcyclists), bicyclists,
8 pedestrians,’’ and inserting ‘‘, vulnerable
9 road users (including motorcyclists,
10 bicyclists, pedestrians),’’; and
11 (iii) in subparagraph (D)—
12 (I) in clause (iv), by striking
13 ‘‘and’’ at the end;
14 (II) in clause (v), by striking the
15 semicolon at the end and inserting ‘‘;
16 and’’; and
17 (III) by adding at the end the fol-
18 lowing:
19 ‘‘(vi) improves the ability of the State
20 to differentiate the fatalities and serious in-
21 juries of vulnerable road users, including
22 bicyclists, motorcyclists, and pedestrians,
23 from other road users;’’;
24 (3) in subsection (d)(2)(B)(i), by striking ‘‘sub-
25 section (a)(11)’’ and inserting ‘‘subsection (a)(13)’’;
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1 (4) in subsection (e), by adding at the end the
2 following:
3 ‘‘(3) FLEXIBLE FUNDING FOR SPECIFIED SAFETY
4 PROJECTS.—
5 ‘‘(A) IN GENERAL.—To advance the imple-
6 mentation of a State strategic highway safety
7 plan, a State may use not more than 10 percent
8 of the amounts apportioned to the State under
9 section 104(b)(3) for a fiscal year to carry out
10 specified safety projects.
11 ‘‘(B) RULE OF CONSTRUCTION.—Nothing in
12 this paragraph requires a State to revise any
13 State process, plan, or program in effect on the
14 date of enactment of this paragraph.
15 ‘‘(C) EFFECT OF PARAGRAPH.—
16 ‘‘(i) REQUIREMENTS.—A project car-
17 ried out under this paragraph shall be sub-
18 ject to all requirements under this section
19 that apply to a highway safety improve-
20 ment project.
21 ‘‘(ii) OTHER APPORTIONED PRO-
22 GRAMS.—Nothing in this paragraph pro-
23 hibits the use of funds made available under
24 other provisions of this title for a specified
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1 safety project that is a noninfrastructure
2 project.’’;
3 (5) in subsection (g), by adding at the end the
4 following:
5 ‘‘(3) VULNERABLE ROAD USER SAFETY.—If the
6 total annual fatalities of vulnerable road users in a
7 State represents not less than 15 percent of the total
8 annual crash fatalities in the State, that State shall
9 be required to obligate not less than 15 percent of the
10 amounts apportioned to the State under section
11 104(b)(3) for the following fiscal year for highway
12 safety improvement projects to address the safety of
13 vulnerable road users.’’; and
14 (6) by adding at the end the following:
15 ‘‘(l) VULNERABLE ROAD USER SAFETY ASSESS-
16 MENT.—
17 ‘‘(1) IN GENERAL.—Not later than 2 years after
18 the date of enactment of this subsection, each State
19 shall complete a vulnerable road user safety assess-
20 ment.
21 ‘‘(2) CONTENTS.—A vulnerable road user safety
22 assessment under paragraph (1) shall include—
23 ‘‘(A) a quantitative analysis of vulnerable
24 road user fatalities and serious injuries that—
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1 ‘‘(i) includes data such as location,
2 roadway functional classification, design
3 speed, speed limit, and time of day;
4 ‘‘(ii) considers the demographics of the
5 locations of fatalities and serious injuries,
6 including race, ethnicity, income, and age;
7 and
8 ‘‘(iii) based on the data, identifies
9 areas as ‘high-risk’ to vulnerable road users;
10 and
11 ‘‘(B) a program of projects or strategies to
12 reduce safety risks to vulnerable road users in
13 areas identified as high-risk under subparagraph
14 (A)(iii).
15 ‘‘(3) USE OF DATA.—In carrying out a vulner-
16 able road user safety assessment under paragraph (1),
17 a State shall use data from the most recent 5-year pe-
18 riod for which data is available.
19 ‘‘(4) REQUIREMENTS.—In carrying out a vulner-
20 able road user safety assessment under paragraph (1),
21 a State shall—
22 ‘‘(A) take into consideration a safe system
23 approach; and
24 ‘‘(B) consult with local governments, metro-
25 politan planning organizations, and regional
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1 transportation planning organizations that rep-
2 resent a high-risk area identified under para-
3 graph (2)(A)(iii).
4 ‘‘(5) UPDATE.—A State shall update the vulner-
5 able road user safety assessment of the State in ac-
6 cordance with the updates required to the State stra-
7 tegic highway safety plan under subsection (d).
8 ‘‘(6) REQUIREMENT FOR TRANSPORTATION SYS-
9 TEM ACCESS.—The program of projects developed
10 under paragraph (2)(B) may not degrade transpor-
11 tation system access for vulnerable road users.
12 ‘‘(7) GUIDANCE.—
13 ‘‘(A) IN GENERAL.—Not later than 1 year
14 after the date of enactment of this subsection, the
15 Secretary shall develop guidance for States to
16 carry out this subsection.
17 ‘‘(B) CONSULTATION.—In developing the
18 guidance under this paragraph, the Secretary
19 shall consult with the States and relevant safety
20 stakeholders.’’.
21 (b) HIGH-RISK RURAL ROADS.—
22 (1) STUDY.—Not later than 2 years after the
23 date of enactment of this Act, the Secretary shall up-
24 date the study under section 1112(b)(1) of MAP–21
25 (23 U.S.C. 148 note; Public Law 112–141).
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1 (2) PUBLICATION OF REPORT.—Not later than 2
2 years after the date of enactment of this Act, the Sec-
3 retary shall publish on the website of the Department
4 of Transportation an update to the report described
5 in section 1112(b)(2) of MAP–21 (23 U.S.C. 148 note;
6 Public Law 112–141).
7 (3) BEST PRACTICES MANUAL.—Not later than
8 180 days after the date on which the report is pub-
9 lished under paragraph (2), the Secretary shall up-
10 date the best practices manual described in section
11 1112(b)(3) of MAP–21 (23 U.S.C. 148 note; Public
12 Law 112–141).
13 SEC. 11112. FEDERAL LANDS TRANSPORTATION PROGRAM.
14 Section 203(a) of title 23, United States Code, is
15 amended—
16 (1) in paragraph (1)(D), by striking
17 ‘‘$10,000,000’’ and inserting ‘‘$20,000,000’’; and
18 (2) by adding at the end the following:
19 ‘‘(6) NATIVE PLANT MATERIALS.—In carrying
20 out an activity described in paragraph (1), the entity
21 carrying out the activity shall consider, to the max-
22 imum extent practicable—
23 ‘‘(A) the use of locally adapted native plant
24 materials; and
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1 ‘‘(B) designs that minimize runoff and heat
2 generation.’’.
3 SEC. 11113. FEDERAL LANDS ACCESS PROGRAM.
4 (a) FEDERAL SHARE.—Section 201 of title 23, United
5 States Code, is amended—
6 (1) in subsection (b)(7)(B), by striking ‘‘deter-
7 mined in accordance with section 120’’, and inserting
8 ‘‘be up to 100 percent’’; and
9 (2) in subsection (c)(8)(A), by striking ‘‘5 per-
10 cent’’ and inserting ‘‘20 percent’’.
11 (b) FEDERAL LANDS ACCESS PROGRAM.—Section
12 204(a) of title 23, United States Code, is amended—
13 (1) in paragraph (1)(A)—
14 (A) in the matter preceding clause (i), by
15 inserting ‘‘context-sensitive solutions,’’ after ‘‘res-
16 toration,’’;
17 (B) in clause (i), by inserting ‘‘, including
18 interpretive panels in or adjacent to those areas’’
19 after ‘‘areas’’;
20 (C) in clause (v), by striking ‘‘and’’ at the
21 end;
22 (D) by redesignating clause (vi) as clause
23 (ix); and
24 (E) by inserting after clause (v) the fol-
25 lowing:
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1 ‘‘(vi) contextual wayfinding markers;
2 ‘‘(vii) landscaping;
3 ‘‘(viii) cooperative mitigation of visual
4 blight, including screening or removal;
5 and’’; and
6 (2) by adding at the end the following:
7 ‘‘(6) NATIVE PLANT MATERIALS.—In carrying
8 out an activity described in paragraph (1), the Sec-
9 retary shall ensure that the entity carrying out the
10 activity considers, to the maximum extent prac-
11 ticable—
12 ‘‘(A) the use of locally adapted native plant
13 materials; and
14 ‘‘(B) designs that minimize runoff and heat
15 generation.’’.
16 SEC. 11114. NATIONAL HIGHWAY FREIGHT PROGRAM.
17 Section 167 of title 23, United States Code, is amend-
18 ed—
19 (1) in subsection (e)—
20 (A) in paragraph (2), by striking ‘‘150
21 miles’’ and inserting ‘‘300 miles’’; and
22 (B) by adding at the end the following:
23 ‘‘(3) RURAL STATES.—Notwithstanding para-
24 graph (2), a State with a population per square mile
25 of area that is less than the national average, based
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1 on the 2010 census, may designate as critical rural
2 freight corridors a maximum of 600 miles of highway
3 or 25 percent of the primary highway freight system
4 mileage in the State, whichever is greater.’’;
5 (2) in subsection (f)(4), by striking ‘‘75 miles’’
6 and inserting ‘‘150 miles’’; and
7 (3) in subsection (i)(5)(B)—
8 (A) in the matter preceding clause (i), by
9 striking ‘‘10 percent’’ and inserting ‘‘30 per-
10 cent’’;
11 (B) in clause (i), by striking ‘‘and’’ at the
12 end;
13 (C) in clause (ii), by striking the period at
14 the end and inserting a semicolon; and
15 (D) by adding at the end the following:
16 ‘‘(iii) for the modernization or reha-
17 bilitation of a lock and dam, if the Sec-
18 retary determines that the project—
19 ‘‘(I) is functionally connected to
20 the National Highway Freight Net-
21 work; and
22 ‘‘(II) is likely to reduce on-road
23 mobile source emissions; and
24 ‘‘(iv) on a marine highway corridor,
25 connector, or crossing designated by the Sec-
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1 retary under section 55601(c) of title 46
2 (including an inland waterway corridor,
3 connector, or crossing), if the Secretary de-
4 termines that the project—
5 ‘‘(I) is functionally connected to
6 the National Highway Freight Net-
7 work; and
8 ‘‘(II) is likely to reduce on-road
9 mobile source emissions.’’.
10 SEC. 11115. CONGESTION MITIGATION AND AIR QUALITY IM-
11 PROVEMENT PROGRAM.
12 Section 149 of title 23, United States Code, is amend-
13 ed—
14 (1) in subsection (b)—
15 (A) in the matter preceding paragraph (1),
16 by striking ‘‘subsection (d)’’ and inserting ‘‘sub-
17 sections (d) and (m)(1)(B)(ii)’’
18 (B) in paragraph (7), by inserting ‘‘shared
19 micromobility (including bikesharing and shared
20 scooter systems),’’ after ‘‘carsharing,’’;
21 (C) in paragraph (8)—
22 (i) in subparagraph (A)—
23 (I) in the matter preceding clause
24 (i), by inserting ‘‘replacements or’’ be-
25 fore ‘‘retrofits’’;
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1 (II) by striking clause (i) and in-
2 serting the following:
3 ‘‘(i) verified technologies (as defined in
4 section 791 of the Energy Policy Act of
5 2005 (42 U.S.C. 16131)) for motor vehicles
6 (as defined in section 216 of the Clean Air
7 Act (42 U.S.C. 7550)); or’’; and
8 (III) in clause (ii)(II), by striking
9 ‘‘or’’ at the end; and
10 (ii) in subparagraph (B), by inserting
11 ‘‘replacements or’’ before ‘‘retrofits’’; and
12 (iii) by adding at the end the fol-
13 lowing:
14 ‘‘(C) the purchase of medium- or heavy-duty
15 zero emission vehicles and related charging
16 equipment;’’;
17 (D) in paragraph (9), by striking the pe-
18 riod at the end and inserting a semicolon; and
19 (E) by adding at the end the following:
20 ‘‘(10) if the project is for the modernization or
21 rehabilitation of a lock and dam that—
22 ‘‘(A) is functionally connected to the Fed-
23 eral-aid highway system; and
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1 ‘‘(B) the Secretary determines is likely to
2 contribute to the attainment or maintenance of
3 a national ambient air quality standard; or
4 ‘‘(11) if the project is on a marine highway cor-
5 ridor, connector, or crossing designated by the Sec-
6 retary under section 55601(c) of title 46 (including
7 an inland waterway corridor, connector, or crossing)
8 that—
9 ‘‘(A) is functionally connected to the Fed-
10 eral-aid highway system; and
11 ‘‘(B) the Secretary determines is likely to
12 contribute to the attainment or maintenance of
13 a national ambient air quality standard.’’;
14 (2) in subsection (c), by adding at the end the
15 following:
16 ‘‘(4) LOCKS AND DAMS; MARINE HIGHWAYS.—For
17 each fiscal year, a State may not obligate more than
18 10 percent of the funds apportioned to the State
19 under section 104(b)(4) for projects described in para-
20 graphs (10) and (11) of subsection (b).’’;
21 (3) in subsection (f)(4)(A), by inserting ‘‘and
22 nonroad vehicles and nonroad engines used in con-
23 struction projects or port-related freight operations’’
24 after ‘‘motor vehicles’’;
25 (4) in subsection (g)—
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1 (A) in paragraph (1)(B)—
2 (i) in the subparagraph heading, by
3 inserting ‘‘REPLACEMENT OR’’ before ‘‘RET-
4 ROFIT’’;
5 (ii) by striking ‘‘The term ‘diesel ret-
6 rofit’ ’’ and inserting ‘‘The term ‘diesel re-
7 placement or retrofit’ ’’; and
8 (iii) by inserting ‘‘or retrofit’’ after
9 ‘‘replacement’’;
10 (B) in paragraph (2), in the matter pre-
11 ceding subparagraph (A), by inserting ‘‘replace-
12 ment or’’ before ‘‘retrofit’’; and
13 (C) in paragraph (3), by inserting ‘‘replace-
14 ments or’’ before ‘‘retrofits’’;
15 (5) in subsection (k)(1), by striking ‘‘that reduce
16 such fine particulate matter emissions in such area,
17 including diesel retrofits.’’ and inserting ‘‘that—
18 ‘‘(A) reduce such fine particulate matter
19 emissions in such area, including diesel replace-
20 ments or retrofits; and
21 ‘‘(B) to the extent practicable, prioritize
22 benefits to disadvantaged communities or low-in-
23 come populations living in, or immediately adja-
24 cent to, such area.’’;
25 (6) in subsection (l), by adding at the following:
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1 ‘‘(3) ASSISTANCE TO METROPOLITAN PLANNING
2 ORGANIZATIONS.—
3 ‘‘(A) IN GENERAL.—On the request of a
4 metropolitan planning organization, the Sec-
5 retary may assist the metropolitan planning or-
6 ganization tracking progress made in minority
7 or low-income populations as part of a perform-
8 ance plan under this subsection.
9 ‘‘(B) SAVINGS PROVISION.—Nothing in this
10 paragraph provides the Secretary the author-
11 ity—
12 ‘‘(i) to change the performance meas-
13 ures under section 150(c)(5) or the perform-
14 ance targets established under section
15 134(h)(2) or 150(d); or
16 ‘‘(ii) to establish any other Federal re-
17 quirement.’’; and
18 (7) by striking subsection (m) and inserting the
19 following:
20 ‘‘(m) OPERATING ASSISTANCE.—
21 ‘‘(1) IN GENERAL.—A State may obligate funds
22 apportioned under section 104(b)(4) in an area of the
23 State that is otherwise eligible for obligations of such
24 funds for operating costs—
25 ‘‘(A) under chapter 53 of title 49; or
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1 ‘‘(B) on—
2 ‘‘(i) a system for which CMAQ funding
3 was eligible, made available, obligated, or
4 expended in fiscal year 2012; or
5 ‘‘(ii) a State-supported Amtrak route
6 with a valid cost-sharing agreement under
7 section 209 of the Passenger Rail Invest-
8 ment and Improvement Act of 2008 (49
9 U.S.C. 24101 note; Public Law 110–432)
10 and no current nonattainment areas under
11 subsection (d).
12 ‘‘(2) NO TIME LIMITATION.—Operating assist-
13 ance provided under paragraph (1) shall have no im-
14 posed time limitation if the operating assistance is
15 for—
16 ‘‘(A) a route described in subparagraph (B)
17 of that paragraph; or
18 ‘‘(B) a transit system that is located in—
19 ‘‘(i) a non-urbanized area; or
20 ‘‘(ii) an urbanized area with a popu-
21 lation of 200,000 or fewer.’’.
22 SEC. 11116. ALASKA HIGHWAY.
23 Section 218 of title 23, United States Code, is amended
24 to read as follows:
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1 ‘‘§ 218. Alaska Highway
2 ‘‘(a) Recognizing the benefits that will accrue to the
3 State of Alaska and to the United States from the recon-
4 struction of the Alaska Highway from the Alaskan border
5 at Beaver Creek, Yukon Territory, to Haines Junction in
6 Canada and the Haines Cutoff Highway from Haines
7 Junction in Canada to Haines, Alaska, the Secretary may
8 provide for the necessary reconstruction of the highway
9 using funds awarded through an applicable competitive
10 grant program, if the highway meets all applicable eligi-
11 bility requirements for the program, except for the specific
12 requirements established by the agreement for the Alaska
13 Highway Project between the Government of the United
14 States and the Government of Canada. In addition to the
15 funds described in the previous sentence, notwithstanding
16 any other provision of law and on agreement with the State
17 of Alaska, the Secretary is authorized to expend on such
18 highway or the Alaska Marine Highway System any Fed-
19 eral-aid highway funds apportioned to the State of Alaska
20 under this title at a Federal share of 100 per centum. No
21 expenditures shall be made for the construction of the por-
22 tion of such highways that are in Canada unless an agree-
23 ment is in place between the Government of Canada and
24 the Government of the United States (including an agree-
25 ment in existence on the date of enactment of the Surface
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1 Transportation Reauthorization Act of 2021) that provides,
2 in part, that the Canadian Government—
3 ‘‘(1) will provide, without participation of funds
4 authorized under this title, all necessary right-of-way
5 for the reconstruction of such highways;
6 ‘‘(2) will not impose any highway toll, or permit
7 any such toll to be charged for the use of such high-
8 ways by vehicles or persons;
9 ‘‘(3) will not levy or assess, directly or indi-
10 rectly, any fee, tax, or other charge for the use of such
11 highways by vehicles or persons from the United
12 States that does not apply equally to vehicles or per-
13 sons of Canada;
14 ‘‘(4) will continue to grant reciprocal recognition
15 of vehicle registration and driver’s licenses in accord-
16 ance with agreements between the United States and
17 Canada; and
18 ‘‘(5) will maintain such highways after their
19 completion in proper condition adequately to serve
20 the needs of present and future traffic.
21 ‘‘(b) The survey and construction work undertaken in
22 Canada pursuant to this section shall be under the general
23 supervision of the Secretary.
24 ‘‘(c) For purposes of this section, the term ‘Alaska Ma-
25 rine Highway System’ includes all existing or planned
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1 transportation facilities and equipment in Alaska, includ-
2 ing the lease, purchase, or construction of vessels, terminals,
3 docks, floats, ramps, staging areas, parking lots, bridges
4 and approaches thereto, and necessary roads.
5 ‘‘(d) Notwithstanding any other provision of law, a
6 project assisted under this section in the State of Alaska
7 shall be treated as a project on a Federal-aid highway under
8 chapter 1.’’.
9 SEC. 11117. TOLL ROADS, BRIDGES, TUNNELS, AND FER-
10 RIES.
11 (a) IN GENERAL.—Section 129(c) of title 23, United
12 States Code, is amended in the matter preceding paragraph
13 (1) by striking ‘‘the construction of ferry boats and ferry
14 terminal facilities, whether toll or free,’’ and inserting ‘‘the
15 construction of ferry boats and ferry terminal facilities (in-
16 cluding ferry maintenance facilities), whether toll or free,
17 and the procurement of transit vehicles used exclusively as
18 an integral part of an intermodal ferry trip,’’.
19 (b) DIESEL FUEL FERRY VESSELS.—
20 (1) IN GENERAL.—Notwithstanding section
21 147(b), in the case of a project to replace or retrofit
22 a diesel fuel ferry vessel that provides substantial
23 emissions reductions, the Federal share of the cost of
24 the project may be up to 85 percent, as determined
25 by the State.
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1 (2) SUNSET.—The authority provided by para-
2 graph (1) shall terminate on September 30, 2025.
3 SEC. 11118. BRIDGE INVESTMENT PROGRAM.
4 (a) IN GENERAL.—Chapter 1 of title 23, United States
5 Code, is amended by inserting after section 123 the fol-
6 lowing:
7 ‘‘§ 124. Bridge investment program
8 ‘‘(a) DEFINITIONS.—In this section:
9 ‘‘(1) ELIGIBLE PROJECT.—
10 ‘‘(A) IN GENERAL.—The term ‘eligible
11 project’ means a project to replace, rehabilitate,
12 preserve, or protect 1 or more bridges on the Na-
13 tional Bridge Inventory under section 144(b).
14 ‘‘(B) INCLUSIONS.—The term ‘eligible
15 project’ includes—
16 ‘‘(i) a bundle of projects described in
17 subparagraph (A), regardless of whether the
18 bundle of projects meets the requirements of
19 section 144(j)(5); and
20 ‘‘(ii) a project to replace or rehabilitate
21 culverts for the purpose of improving flood
22 control and improved habitat connectivity
23 for aquatic species.
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1 ‘‘(2) LARGE PROJECT.—The term ‘large project’
2 means an eligible project with total eligible project
3 costs of greater than $100,000,000.
4 ‘‘(3) PROGRAM.—The term ‘program’ means the
5 bridge investment program established by subsection
6 (b)(1).
7 ‘‘(b) ESTABLISHMENT OF BRIDGE INVESTMENT PRO-
8 GRAM.—
9 ‘‘(1) IN GENERAL.—There is established a bridge
10 investment program to provide financial assistance
11 for eligible projects under this section.
12 ‘‘(2) GOALS.—The goals of the program shall
13 be—
14 ‘‘(A) to improve the safety, efficiency, and
15 reliability of the movement of people and freight
16 over bridges;
17 ‘‘(B) to improve the condition of bridges in
18 the United States by reducing—
19 ‘‘(i) the number of bridges—
20 ‘‘(I) in poor condition; or
21 ‘‘(II) in fair condition and at risk
22 of falling into poor condition within
23 the next 3 years;
24 ‘‘(ii) the total person miles traveled
25 over bridges—
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1 ‘‘(I) in poor condition; or
2 ‘‘(II) in fair condition and at risk
3 of falling into poor condition within
4 the next 3 years;
5 ‘‘(iii) the number of bridges that—
6 ‘‘(I) do not meet current geometric
7 design standards; or
8 ‘‘(II) cannot meet the load and
9 traffic requirements typical of the re-
10 gional transportation network; and
11 ‘‘(iv) the total person miles traveled
12 over bridges that—
13 ‘‘(I) do not meet current geometric
14 design standards; or
15 ‘‘(II) cannot meet the load and
16 traffic requirements typical of the re-
17 gional transportation network; and
18 ‘‘(C) to provide financial assistance that
19 leverages and encourages non-Federal contribu-
20 tions from sponsors and stakeholders involved in
21 the planning, design, and construction of eligible
22 projects.
23 ‘‘(c) GRANT AUTHORITY.—
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1 ‘‘(1) IN GENERAL.—In carrying out the pro-
2 gram, the Secretary may award grants, on a competi-
3 tive basis, in accordance with this section.
4 ‘‘(2) GRANT AMOUNTS.—Except as otherwise pro-
5 vided, a grant under the program shall be—
6 ‘‘(A) in the case of a large project, in an
7 amount that is—
8 ‘‘(i) adequate to fully fund the project
9 (in combination with other financial re-
10 sources identified in the application); and
11 ‘‘(ii) not less than $50,000,000; and
12 ‘‘(B) in the case of any other eligible
13 project, in an amount that is—
14 ‘‘(i) adequate to fully fund the project
15 (in combination with other financial re-
16 sources identified in the application); and
17 ‘‘(ii) not less than $2,500,000.
18 ‘‘(3) MAXIMUM AMOUNT.—Except as otherwise
19 provided, for an eligible project receiving assistance
20 under the program, the amount of assistance provided
21 by the Secretary under this section, as a share of eli-
22 gible project costs, shall be—
23 ‘‘(A) in the case of a large project, not more
24 than 50 percent; and
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1 ‘‘(B) in the case of any other eligible
2 project, not more than 80 percent.
3 ‘‘(4) FEDERAL SHARE.—
4 ‘‘(A) MAXIMUM FEDERAL INVOLVEMENT.—
5 Federal assistance other than a grant under the
6 program may be used to satisfy the non-Federal
7 share of the cost of a project for which a grant
8 is made, except that the total Federal assistance
9 provided for a project receiving a grant under
10 the program may not exceed the Federal share
11 for the project under section 120.
12 ‘‘(B) OFF-SYSTEM BRIDGES.—In the case of
13 an eligible project for an off-system bridge (as
14 defined in section 133(f)(1))—
15 ‘‘(i) Federal assistance other than a
16 grant under the program may be used to
17 satisfy the non-Federal share of the cost of
18 a project; and
19 ‘‘(ii) notwithstanding subparagraph
20 (A), the total Federal assistance provided
21 for the project shall not exceed 90 percent of
22 the total eligible project costs.
23 ‘‘(C) FEDERAL LAND MANAGEMENT AGEN-
24 CIES AND TRIBAL GOVERNMENTS.—Notwith-
25 standing any other provision of law, Federal
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1 funds other than Federal funds made available
2 under this section may be used to pay the re-
3 maining share of the cost of a project under the
4 program by a Federal land management agency
5 or a Tribal government or consortium of Tribal
6 governments.
7 ‘‘(5) CONSIDERATIONS.—
8 ‘‘(A) IN GENERAL.—In awarding grants
9 under the program, the Secretary shall con-
10 sider—
11 ‘‘(i) in the case of a large project, the
12 ratings assigned under subsection (g)(5)(A);
13 ‘‘(ii) in the case of an eligible project
14 other than a large project, the quality rat-
15 ing assigned under subsection (f)(3)(A)(ii);
16 ‘‘(iii) the average daily person and
17 freight throughput supported by the eligible
18 project;
19 ‘‘(iv) the number and percentage of
20 bridges within the same State as the eligible
21 project that are in poor condition;
22 ‘‘(v) the extent to which the eligible
23 project demonstrates cost savings by bun-
24 dling multiple bridge projects;
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1 ‘‘(vi) in the case of an eligible project
2 of a Federal land management agency, the
3 extent to which the grant would reduce a
4 Federal liability or Federal infrastructure
5 maintenance backlog;
6 ‘‘(vii) geographic diversity among
7 grant recipients, including the need for a
8 balance between the needs of rural and
9 urban communities; and
10 ‘‘(viii) the extent to which a bridge
11 that would be assisted with a grant—
12 ‘‘(I) is, without that assistance—
13 ‘‘(aa) at risk of falling into
14 or remaining in poor condition;
15 or
16 ‘‘(bb) in fair condition and
17 at risk of falling into poor condi-
18 tion within the next 3 years;
19 ‘‘(II) does not meet current geo-
20 metric design standards based on—
21 ‘‘(aa) the current use of the
22 bridge; or
23 ‘‘(bb) load and traffic re-
24 quirements typical of the regional
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1 corridor or local network in which
2 the bridge is located; or
3 ‘‘(III) does not meet current seis-
4 mic design standards.
5 ‘‘(B) REQUIREMENT.—The Secretary
6 shall—
7 ‘‘(i) give priority to an application for
8 an eligible project that is located within a
9 State for which—
10 ‘‘(I) 2 or more applications for el-
11 igible projects within the State were
12 submitted for the current fiscal year
13 and an average of 2 or more applica-
14 tions for eligible projects within the
15 State were submitted in prior fiscal
16 years of the program; and
17 ‘‘(II) fewer than 2 grants have
18 been awarded for eligible projects with-
19 in the State under the program;
20 ‘‘(ii) during the period of fiscal years
21 2022 through 2026, for each State described
22 in clause (i), select—
23 ‘‘(I) not fewer than 1 large project
24 that the Secretary determines is justi-
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1 fied under the evaluation under sub-
2 section (g)(4); or
3 ‘‘(II) 2 eligible projects that are
4 not large projects that the Secretary
5 determines are justified under the eval-
6 uation under subsection (f)(3); and
7 ‘‘(iii) not be required to award a grant
8 for an eligible project that the Secretary
9 does not determine is justified under an
10 evaluation under subsection (f)(3) or (g)(4).
11 ‘‘(6) CULVERT LIMITATION.—Not more than 5
12 percent of the amounts made available for each fiscal
13 year for grants under the program may be used for
14 eligible projects that consist solely of culvert replace-
15 ment or rehabilitation.
16 ‘‘(d) ELIGIBLE ENTITY.—The Secretary may make a
17 grant under the program to any of the following:
18 ‘‘(1) A State or a group of States.
19 ‘‘(2) A metropolitan planning organization that
20 serves an urbanized area (as designated by the Bu-
21 reau of the Census) with a population of over
22 200,000.
23 ‘‘(3) A unit of local government or a group of
24 local governments.
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1 ‘‘(4) A political subdivision of a State or local
2 government.
3 ‘‘(5) A special purpose district or public author-
4 ity with a transportation function.
5 ‘‘(6) A Federal land management agency.
6 ‘‘(7) A Tribal government or a consortium of
7 Tribal governments.
8 ‘‘(8) A multistate or multijurisdictional group of
9 entities described in paragraphs (1) through (7).
10 ‘‘(e) ELIGIBLE PROJECT REQUIREMENTS.—The Sec-
11 retary may make a grant under the program only to an
12 eligible entity for an eligible project that—
13 ‘‘(1) in the case of a large project, the Secretary
14 recommends for funding in the annual report on
15 funding recommendations under subsection (g)(6), ex-
16 cept as provided in subsection (g)(1)(B);
17 ‘‘(2) is reasonably expected to begin construction
18 not later than 18 months after the date on which
19 funds are obligated for the project; and
20 ‘‘(3) is based on the results of preliminary engi-
21 neering.
22 ‘‘(f) COMPETITIVE PROCESS AND EVALUATION OF ELI-
23 GIBLE PROJECTS OTHER THAN LARGE PROJECTS.—
24 ‘‘(1) COMPETITIVE PROCESS.—
25 ‘‘(A) IN GENERAL.—The Secretary shall—
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1 ‘‘(i) for the first fiscal year for which
2 funds are made available for obligation
3 under the program, not later than 60 days
4 after the date on which the template under
5 subparagraph (B)(i) is developed, and in
6 subsequent fiscal years, not later than 60
7 days after the date on which amounts are
8 made available for obligation under the pro-
9 gram, solicit grant applications for eligible
10 projects other than large projects; and
11 ‘‘(ii) not later than 120 days after the
12 date on which the solicitation under clause
13 (i) expires, conduct evaluations under para-
14 graph (3).
15 ‘‘(B) REQUIREMENTS.—In carrying out
16 subparagraph (A), the Secretary shall—
17 ‘‘(i) develop a template for applicants
18 to use to summarize project needs and bene-
19 fits, including benefits described in para-
20 graph (3)(B)(i); and
21 ‘‘(ii) enable applicants to use data
22 from the National Bridge Inventory under
23 section 144(b) to populate templates de-
24 scribed in clause (i), as applicable.
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1 ‘‘(2) APPLICATIONS.—An eligible entity shall
2 submit to the Secretary an application at such time,
3 in such manner, and containing such information as
4 the Secretary may require.
5 ‘‘(3) EVALUATION.—
6 ‘‘(A) IN GENERAL.—Prior to providing a
7 grant under this subsection, the Secretary
8 shall—
9 ‘‘(i) conduct an evaluation of each eli-
10 gible project for which an application is re-
11 ceived under this subsection; and
12 ‘‘(ii) assign a quality rating to the eli-
13 gible project on the basis of the evaluation
14 under clause (i).
15 ‘‘(B) REQUIREMENTS.—In carrying out an
16 evaluation under subparagraph (A), the Sec-
17 retary shall—
18 ‘‘(i) consider information on project
19 benefits submitted by the applicant using
20 the template developed under paragraph
21 (1)(B)(i), including whether the project will
22 generate, as determined by the Secretary—
23 ‘‘(I) costs avoided by the preven-
24 tion of closure or reduced use of the
25 bridge to be improved by the project;
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1 ‘‘(II) in the case of a bundle of
2 projects, benefits from executing the
3 projects as a bundle compared to as in-
4 dividual projects;
5 ‘‘(III) safety benefits, including
6 the reduction of accidents and related
7 costs;
8 ‘‘(IV) person and freight mobility
9 benefits, including congestion reduction
10 and reliability improvements;
11 ‘‘(V) national or regional eco-
12 nomic benefits;
13 ‘‘(VI) benefits from long-term re-
14 siliency to extreme weather events,
15 flooding, or other natural disasters;
16 ‘‘(VII) benefits from protection (as
17 described in section 133(b)(10)), in-
18 cluding improving seismic or scour
19 protection;
20 ‘‘(VIII) environmental benefits,
21 including wildlife connectivity;
22 ‘‘(IX) benefits to nonvehicular and
23 public transportation users;
24 ‘‘(X) benefits of using—
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1 ‘‘(aa) innovative design and
2 construction techniques; or
3 ‘‘(bb) innovative technologies;
4 or
5 ‘‘(XI) reductions in maintenance
6 costs, including, in the case of a feder-
7 ally-owned bridge, cost savings to the
8 Federal budget; and
9 ‘‘(ii) consider whether and the extent to
10 which the benefits, including the benefits de-
11 scribed in clause (i), are more likely than
12 not to outweigh the total project costs.
13 ‘‘(g) COMPETITIVE PROCESS, EVALUATION, AND AN-
14 NUAL REPORT FOR LARGE PROJECTS.—
15 ‘‘(1) IN GENERAL.—
16 ‘‘(A) APPLICATIONS.—The Secretary shall
17 establish an annual date by which an eligible en-
18 tity submitting an application for a large
19 project shall submit to the Secretary such infor-
20 mation as the Secretary may require, including
21 information described in paragraph (2), in order
22 for a large project to be considered for a rec-
23 ommendation by the Secretary for funding in the
24 next annual report under paragraph (6).
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1 ‘‘(B) FIRST FISCAL YEAR.—Notwith-
2 standing subparagraph (A), for the first fiscal
3 year for which funds are made available for obli-
4 gation for grants under the program, the Sec-
5 retary may establish a date by which an eligible
6 entity submitting an application for a large
7 project shall submit to the Secretary such infor-
8 mation as the Secretary may require, including
9 information described in paragraph (2), in order
10 for a large project to be considered for immediate
11 execution of a grant agreement.
12 ‘‘(2) INFORMATION REQUIRED.—The information
13 referred to in paragraph (1) includes—
14 ‘‘(A) all necessary information required for
15 the Secretary to evaluate the large project; and
16 ‘‘(B) information sufficient for the Sec-
17 retary to determine that—
18 ‘‘(i) the large project meets the applica-
19 ble requirements under this section; and
20 ‘‘(ii) there is a reasonable likelihood
21 that the large project will continue to meet
22 the requirements under this section.
23 ‘‘(3) DETERMINATION; NOTICE.—On making a
24 determination that information submitted to the Sec-
25 retary under paragraph (1) is sufficient, the Sec-
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1 retary shall provide a written notice of that deter-
2 mination to—
3 ‘‘(A) the eligible entity that submitted the
4 application;
5 ‘‘(B) the Committee on Environment and
6 Public Works of the Senate; and
7 ‘‘(C) the Committee on Transportation and
8 Infrastructure of the House of Representatives.
9 ‘‘(4) EVALUATION.—The Secretary may rec-
10 ommend a large project for funding in the annual re-
11 port under paragraph (6), or, in the case of the first
12 fiscal year for which funds are made available for ob-
13 ligation for grants under the program, immediately
14 execute a grant agreement for a large project, only if
15 the Secretary evaluates the proposed project and de-
16 termines that the project is justified because the
17 project—
18 ‘‘(A) addresses a need to improve the condi-
19 tion of the bridge, as determined by the Sec-
20 retary, consistent with the goals of the program
21 under subsection (b)(2);
22 ‘‘(B) will generate, as determined by the
23 Secretary—
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1 ‘‘(i) costs avoided by the prevention of
2 closure or reduced use of the bridge to be
3 improved by the project;
4 ‘‘(ii) in the case of a bundle of projects,
5 benefits from executing the projects as a
6 bundle compared to as individual projects;
7 ‘‘(iii) safety benefits, including the re-
8 duction of accidents and related costs;
9 ‘‘(iv) person and freight mobility bene-
10 fits, including congestion reduction and re-
11 liability improvements;
12 ‘‘(v) national or regional economic
13 benefits;
14 ‘‘(vi) benefits from long-term resiliency
15 to extreme weather events, flooding, or other
16 natural disasters;
17 ‘‘(vii) benefits from protection (as de-
18 scribed in section 133(b)(10)), including
19 improving seismic or scour protection;
20 ‘‘(viii) environmental benefits, includ-
21 ing wildlife connectivity;
22 ‘‘(ix) benefits to nonvehicular and pub-
23 lic transportation users;
24 ‘‘(x) benefits of using—
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1 ‘‘(I) innovative design and con-
2 struction techniques; or
3 ‘‘(II) innovative technologies; or
4 ‘‘(xi) reductions in maintenance costs,
5 including, in the case of a federally-owned
6 bridge, cost savings to the Federal budget;
7 ‘‘(C) is cost effective based on an analysis of
8 whether the benefits and avoided costs described
9 in subparagraph (B) are expected to outweigh
10 the project costs;
11 ‘‘(D) is supported by other Federal or non-
12 Federal financial commitments or revenues ade-
13 quate to fund ongoing maintenance and preser-
14 vation; and
15 ‘‘(E) is consistent with the objectives of an
16 applicable asset management plan of the project
17 sponsor, including a State asset management
18 plan under section 119(e) in the case of a project
19 on the National Highway System that is spon-
20 sored by a State.
21 ‘‘(5) RATINGS.—
22 ‘‘(A) IN GENERAL.—The Secretary shall de-
23 velop a methodology to evaluate and rate a large
24 project on a 5-point scale (the points of which
† HR 3684 EAS
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1 include ‘high’, ‘medium-high’, ‘medium’, ‘me-
2 dium-low’, and ‘low’) for each of—
3 ‘‘(i) paragraph (4)(B);
4 ‘‘(ii) paragraph (4)(C); and
5 ‘‘(iii) paragraph (4)(D).
6 ‘‘(B) REQUIREMENT.—To be considered jus-
7 tified and receive a recommendation for funding
8 in the annual report under paragraph (6), a
9 project shall receive a rating of not less than
10 ‘medium’ for each rating required under sub-
11 paragraph (A).
12 ‘‘(C) INTERIM METHODOLOGY.—In the first
13 fiscal year for which funds are made available
14 for obligation for grants under the program, the
15 Secretary may establish an interim methodology
16 to evaluate and rate a large project for each of—
17 ‘‘(i) paragraph (4)(B);
18 ‘‘(ii) paragraph (4)(C); and
19 ‘‘(iii) paragraph (4)(D).
20 ‘‘(6) ANNUAL REPORT ON FUNDING REC-
21 OMMENDATIONS FOR LARGE PROJECTS.—
22 ‘‘(A) IN GENERAL.—Not later than the first
23 Monday in February of each year, the Secretary
24 shall submit to the Committees on Transpor-
25 tation and Infrastructure and Appropriations of
† HR 3684 EAS
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1 the House of Representatives and the Committees
2 on Environment and Public Works and Appro-
3 priations of the Senate a report that includes—
4 ‘‘(i) a list of large projects that have
5 requested a recommendation for funding
6 under a new grant agreement from funds
7 anticipated to be available to carry out this
8 subsection in the next fiscal year;
9 ‘‘(ii) the evaluation under paragraph
10 (4) and ratings under paragraph (5) for
11 each project referred to in clause (i);
12 ‘‘(iii) the grant amounts that the Sec-
13 retary recommends providing to large
14 projects in the next fiscal year, including—
15 ‘‘(I) scheduled payments under
16 previously signed multiyear grant
17 agreements under subsection (j);
18 ‘‘(II) payments for new grant
19 agreements, including single-year
20 grant agreements and multiyear grant
21 agreements; and
22 ‘‘(III) a description of how
23 amounts anticipated to be available for
24 the program from the Highway Trust
† HR 3684 EAS
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1 Fund for that fiscal year will be dis-
2 tributed; and
3 ‘‘(iv) for each project for which the Sec-
4 retary recommends a new multiyear grant
5 agreement under subsection (j), the proposed
6 payout schedule for the project.
7 ‘‘(B) LIMITATIONS.—
8 ‘‘(i) IN GENERAL.—The Secretary shall
9 not recommend in an annual report under
10 this paragraph a new multiyear grant
11 agreement provided from funds from the
12 Highway Trust Fund unless the Secretary
13 determines that the project can be completed
14 using funds that are anticipated to be
15 available from the Highway Trust Fund in
16 future fiscal years.
17 ‘‘(ii) GENERAL FUND PROJECTS.—The
18 Secretary—
19 ‘‘(I) may recommend for funding
20 in an annual report under this para-
21 graph a large project using funds from
22 the general fund of the Treasury; but
23 ‘‘(II) shall not execute a grant
24 agreement for that project unless—
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1 ‘‘(aa) funds other than from
2 the Highway Trust Fund have
3 been made available for the
4 project; and
5 ‘‘(bb) the Secretary deter-
6 mines that the project can be com-
7 pleted using funds other than
8 from the Highway Trust Fund
9 that are anticipated to be avail-
10 able in future fiscal years.
11 ‘‘(C) CONSIDERATIONS.—In selecting
12 projects to recommend for funding in the annual
13 report under this paragraph, or, in the case of
14 the first fiscal year for which funds are made
15 available for obligation for grants under the pro-
16 gram, projects for immediate execution of a
17 grant agreement, the Secretary shall—
18 ‘‘(i) consider the amount of funds
19 available in future fiscal years for
20 multiyear grant agreements as described in
21 subparagraph (B); and
22 ‘‘(ii) assume the availability of funds
23 in future fiscal years for multiyear grant
24 agreements that extend beyond the period of
25 authorization based on the amount made
† HR 3684 EAS
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1 available for large projects under the pro-
2 gram in the last fiscal year of the period of
3 authorization.
4 ‘‘(D) PROJECT DIVERSITY.—In selecting
5 projects to recommend for funding in the annual
6 report under this paragraph, the Secretary shall
7 ensure diversity among projects recommended
8 based on—
9 ‘‘(i) the amount of the grant requested;
10 and
11 ‘‘(ii) grants for an eligible project for
12 1 bridge compared to an eligible project that
13 is a bundle of projects.
14 ‘‘(h) ELIGIBLE PROJECT COSTS.—A grant received for
15 an eligible project under the program may be used for—
16 ‘‘(1) development phase activities, including
17 planning, feasibility analysis, revenue forecasting, en-
18 vironmental review, preliminary engineering and de-
19 sign work, and other preconstruction activities;
20 ‘‘(2) construction, reconstruction, rehabilitation,
21 acquisition of real property (including land related to
22 the project and improvements to the land), environ-
23 mental mitigation, construction contingencies, acqui-
24 sition of equipment, and operational improvements
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1 directly related to improving system performance;
2 and
3 ‘‘(3) expenses related to the protection (as de-
4 scribed in section 133(b)(10)) of a bridge, including
5 seismic or scour protection.
6 ‘‘(i) TIFIA PROGRAM.—On the request of an eligible
7 entity carrying out an eligible project, the Secretary may
8 use amounts awarded to the entity to pay subsidy and ad-
9 ministrative costs necessary to provide to the entity Federal
10 credit assistance under chapter 6 with respect to the eligible
11 project for which the grant was awarded.
12 ‘‘(j) MULTIYEAR GRANT AGREEMENTS FOR LARGE
13 PROJECTS.—
14 ‘‘(1) IN GENERAL.—A large project that receives
15 a grant under the program in an amount of not less
16 than $100,000,000 may be carried out through a
17 multiyear grant agreement in accordance with this
18 subsection.
19 ‘‘(2) REQUIREMENTS.—A multiyear grant agree-
20 ment for a large project described in paragraph (1)
21 shall—
22 ‘‘(A) establish the terms of participation by
23 the Federal Government in the project;
24 ‘‘(B) establish the maximum amount of
25 Federal financial assistance for the project in ac-
† HR 3684 EAS
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1 cordance with paragraphs (3) and (4) of sub-
2 section (c);
3 ‘‘(C) establish a payout schedule for the
4 project that provides for disbursement of the full
5 grant amount by not later than 4 fiscal years
6 after the fiscal year in which the initial amount
7 is provided;
8 ‘‘(D) determine the period of time for com-
9 pleting the project, even if that period extends be-
10 yond the period of an authorization; and
11 ‘‘(E) attempt to improve timely and effi-
12 cient management of the project, consistent with
13 all applicable Federal laws (including regula-
14 tions).
15 ‘‘(3) SPECIAL FINANCIAL RULES.—
16 ‘‘(A) IN GENERAL.—A multiyear grant
17 agreement under this subsection—
18 ‘‘(i) shall obligate an amount of avail-
19 able budget authority specified in law; and
20 ‘‘(ii) may include a commitment, con-
21 tingent on amounts to be specified in law in
22 advance for commitments under this para-
23 graph, to obligate an additional amount
24 from future available budget authority spec-
25 ified in law.
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1 ‘‘(B) STATEMENT OF CONTINGENT COMMIT-
2 MENT.—The agreement shall state that the con-
3 tingent commitment is not an obligation of the
4 Federal Government.
5 ‘‘(C) INTEREST AND OTHER FINANCING
6 COSTS.—
7 ‘‘(i) IN GENERAL.—Interest and other
8 financing costs of carrying out a part of the
9 project within a reasonable time shall be
10 considered a cost of carrying out the project
11 under a multiyear grant agreement, except
12 that eligible costs may not be more than the
13 cost of the most favorable financing terms
14 reasonably available for the project at the
15 time of borrowing.
16 ‘‘(ii) CERTIFICATION.—The applicant
17 shall certify to the Secretary that the appli-
18 cant has shown reasonable diligence in seek-
19 ing the most favorable financing terms.
20 ‘‘(4) ADVANCE PAYMENT.—Notwithstanding any
21 other provision of law, an eligible entity carrying out
22 a large project under a multiyear grant agreement—
23 ‘‘(A) may use funds made available to the
24 eligible entity under this title for eligible project
25 costs of the large project until the amount speci-
† HR 3684 EAS
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1 fied in the multiyear grant agreement for the
2 project for that fiscal year becomes available for
3 obligation; and
4 ‘‘(B) if the eligible entity uses funds as de-
5 scribed in subparagraph (A), the funds used
6 shall be reimbursed from the amount made avail-
7 able under the multiyear grant agreement for the
8 project.
9 ‘‘(k) UNDERTAKING PARTS OF PROJECTS IN ADVANCE
10 UNDER LETTERS OF NO PREJUDICE.—
11 ‘‘(1) IN GENERAL.—The Secretary may pay to
12 an applicant all eligible project costs under the pro-
13 gram, including costs for an activity for an eligible
14 project incurred prior to the date on which the project
15 receives funding under the program if—
16 ‘‘(A) before the applicant carries out the ac-
17 tivity, the Secretary approves through a letter to
18 the applicant the activity in the same manner as
19 the Secretary approves other activities as eligible
20 under the program;
21 ‘‘(B) a record of decision, a finding of no
22 significant impact, or a categorical exclusion
23 under the National Environmental Policy Act of
24 1969 (42 U.S.C. 4321 et seq.) has been issued for
25 the eligible project; and
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1 ‘‘(C) the activity is carried out without
2 Federal assistance and in accordance with all
3 applicable procedures and requirements.
4 ‘‘(2) INTEREST AND OTHER FINANCING 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 in-
8 terest and other financing costs, including any
9 interest earned and payable on bonds, to the ex-
10 tent interest and other financing costs are ex-
11 pended in carrying out the activity for the eligi-
12 ble project, except that interest and other financ-
13 ing costs may not be more than the cost of the
14 most favorable financing terms reasonably avail-
15 able for the eligible project at the time of bor-
16 rowing.
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—
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1 ‘‘(A) constitute an obligation of the Federal
2 Government; or
3 ‘‘(B) alter or influence any evaluation
4 under subsection (f)(3)(A)(i) or (g)(4) or any
5 recommendation by the Secretary for funding
6 under the program.
7 ‘‘(l) FEDERALLY-OWNED BRIDGES.—
8 ‘‘(1) DIVESTITURE CONSIDERATION.—In the case
9 of a bridge owned by a Federal land management
10 agency for which that agency applies for a grant
11 under the program, the agency—
12 ‘‘(A) shall consider options to divest the
13 bridge to a State or local entity after completion
14 of the project; and
15 ‘‘(B) may apply jointly with the State or
16 local entity to which the bridge may be divested.
17 ‘‘(2) TREATMENT.—Notwithstanding any other
18 provision of law, section 129 shall apply to a bridge
19 that was previously owned by a Federal land man-
20 agement agency and has been transferred to a non-
21 Federal entity under paragraph (1) in the same man-
22 ner as if the bridge was never federally owned.
23 ‘‘(m) TREATMENT OF PROJECTS.—Notwithstanding
24 any other provision of law, a project assisted under this
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1 section shall be treated as a project on a Federal-aid high-
2 way under this chapter.
3 ‘‘(n) CONGRESSIONAL NOTIFICATION.—Not later than
4 30 days before making a grant for an eligible project under
5 the program, the Secretary shall submit to the Committee
6 on Transportation and Infrastructure of the House of Rep-
7 resentatives and the Committee on Environment and Public
8 Works of the Senate a written notification of the proposed
9 grant that includes—
10 ‘‘(1) an evaluation and justification for the eligi-
11 ble project; and
12 ‘‘(2) the amount of the proposed grant.
13 ‘‘(o) REPORTS.—
14 ‘‘(1) ANNUAL REPORT.—Not later than August 1
15 of each fiscal year, the Secretary shall make available
16 on the website of the Department of Transportation
17 an annual report that lists each eligible project for
18 which a grant has been provided under the program
19 during the fiscal year.
20 ‘‘(2) GAO ASSESSMENT AND REPORT.—Not later
21 than 3 years after the date of enactment of the Sur-
22 face Transportation Reauthorization Act of 2021, the
23 Comptroller General of the United States shall—
24 ‘‘(A) conduct an assessment of the adminis-
25 trative establishment, solicitation, selection, and
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1 justification process with respect to the funding
2 of grants under the program; and
3 ‘‘(B) submit to the Committee on Transpor-
4 tation and Infrastructure of the House of Rep-
5 resentatives and the Committee on Environment
6 and Public Works of the Senate a report that de-
7 scribes—
8 ‘‘(i) the adequacy and fairness of the
9 process under which each eligible project
10 that received a grant under the program
11 was selected; and
12 ‘‘(ii) the justification and criteria used
13 for the selection of each eligible project.
14 ‘‘(p) LIMITATION.—
15 ‘‘(1) LARGE PROJECTS.—Of the amounts made
16 available out of the Highway Trust Fund (other than
17 the Mass Transit Account) to carry out this section
18 for each of fiscal years 2022 through 2026, not less
19 than 50 percent, in aggregate, shall be used for large
20 projects.
21 ‘‘(2) UNUTILIZED AMOUNTS.—If, in fiscal year
22 2026, the Secretary determines that grants under the
23 program will not allow for the requirement under
24 paragraph (1) to be met, the Secretary shall use the
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1 unutilized amounts to make other grants under the
2 program during that fiscal year.
3 ‘‘(q) TRIBAL TRANSPORTATION FACILITY BRIDGE SET
4 ASIDE.—
5 ‘‘(1) IN GENERAL.—Of the amounts made avail-
6 able from the Highway Trust Fund (other than the
7 Mass Transit Account) for a fiscal year to carry out
8 this section, the Secretary shall use, to carry out sec-
9 tion 202(d)—
10 ‘‘(A) $16,000,000 for fiscal year 2022;
11 ‘‘(B) $18,000,000 for fiscal year 2023;
12 ‘‘(C) $20,000,000 for fiscal year 2024;
13 ‘‘(D) $22,000,000 for fiscal year 2025; and
14 ‘‘(E) $24,000,000 for fiscal year 2026.
15 ‘‘(2) TREATMENT.—For purposes of section 201,
16 funds made available for section 202(d) under para-
17 graph (1) shall be considered to be part of the tribal
18 transportation program.’’.
19 (b) CLERICAL AMENDMENT.—The analysis for chapter
20 1 of title 23, United States Code, is amended by inserting
21 after the item relating to section 123 the following:
‘‘124. Bridge investment program.’’.
22 SEC. 11119. SAFE ROUTES TO SCHOOL.
23 (a) IN GENERAL.—Chapter 2 of title 23, United States
24 Code, is amended by inserting after section 207 the fol-
25 lowing:
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1 ‘‘§ 208. Safe routes to school
2 ‘‘(a) DEFINITIONS.—In this section:
3 ‘‘(1) IN THE VICINITY OF SCHOOLS.—The term
4 ‘in the vicinity of schools’, with respect to a school,
5 means the approximately 2-mile area within bicy-
6 cling and walking distance of the school.
7 ‘‘(2) PRIMARY, MIDDLE, AND HIGH SCHOOLS.—
8 The term ‘primary, middle, and high schools’ means
9 schools providing education from kindergarten
10 through 12th grade.
11 ‘‘(b) ESTABLISHMENT.—Subject to the requirements of
12 this section, the Secretary shall establish and carry out a
13 safe routes to school program for the benefit of children in
14 primary, middle, and high schools.
15 ‘‘(c) PURPOSES.—The purposes of the program estab-
16 lished under subsection (b) shall be—
17 ‘‘(1) to enable and encourage children, including
18 those with disabilities, to walk and bicycle to school;
19 ‘‘(2) to make bicycling and walking to school a
20 safer and more appealing transportation alternative,
21 thereby encouraging a healthy and active lifestyle
22 from an early age; and
23 ‘‘(3) to facilitate the planning, development, and
24 implementation of projects and activities that will
25 improve safety and reduce traffic, fuel consumption,
26 and air pollution in the vicinity of schools.
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1 ‘‘(d) APPORTIONMENT OF FUNDS.—
2 ‘‘(1) IN GENERAL.—Subject to paragraphs (2),
3 (3), and (4), amounts made available to carry out
4 this section for a fiscal year shall be apportioned
5 among the States so that each State receives the
6 amount equal to the proportion that—
7 ‘‘(A) the total student enrollment in pri-
8 mary, middle, and high schools in each State;
9 bears to
10 ‘‘(B) the total student enrollment in pri-
11 mary, middle, and high schools in all States.
12 ‘‘(2) MINIMUM APPORTIONMENT.—No State shall
13 receive an apportionment under this section for a fis-
14 cal year of less than $1,000,000.
15 ‘‘(3) SET-ASIDE FOR ADMINISTRATIVE EX-
16 PENSES.—Before apportioning under this subsection
17 amounts made available to carry out this section for
18 a fiscal year, the Secretary shall set aside not more
19 than $3,000,000 of those amounts for the administra-
20 tive expenses of the Secretary in carrying out this sec-
21 tion.
22 ‘‘(4) DETERMINATION OF STUDENT ENROLL-
23 MENTS.—Determinations under this subsection relat-
24 ing to student enrollments shall be made by the Sec-
25 retary.
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1 ‘‘(e) ADMINISTRATION OF AMOUNTS.—Amounts appor-
2 tioned to a State under this section shall be administered
3 by the State department of transportation.
4 ‘‘(f) ELIGIBLE RECIPIENTS.—Amounts apportioned to
5 a State under this section shall be used by the State to pro-
6 vide financial assistance to State, local, Tribal, and re-
7 gional agencies, including nonprofit organizations, that
8 demonstrate an ability to meet the requirements of this sec-
9 tion.
10 ‘‘(g) ELIGIBLE PROJECTS AND ACTIVITIES.—
11 ‘‘(1) INFRASTRUCTURE-RELATED PROJECTS.—
12 ‘‘(A) IN GENERAL.—Amounts apportioned
13 to a State under this section may be used for the
14 planning, design, and construction of infrastruc-
15 ture-related projects that will substantially im-
16 prove the ability of students to walk and bicycle
17 to school, including sidewalk improvements, traf-
18 fic calming and speed reduction improvements,
19 pedestrian and bicycle crossing improvements,
20 on-street bicycle facilities, off-street bicycle and
21 pedestrian facilities, secure bicycle parking fa-
22 cilities, and traffic diversion improvements in
23 the vicinity of schools.
24 ‘‘(B) LOCATION OF PROJECTS.—Infrastruc-
25 ture-related projects under subparagraph (A)
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1 may be carried out on any public road or any
2 bicycle or pedestrian pathway or trail in the vi-
3 cinity of schools.
4 ‘‘(2) NONINFRASTRUCTURE-RELATED ACTIVI-
5 TIES.—
6 ‘‘(A) IN GENERAL.—In addition to projects
7 described in paragraph (1), amounts appor-
8 tioned to a State under this section may be used
9 for noninfrastructure-related activities to encour-
10 age walking and bicycling to school, including
11 public awareness campaigns and outreach to
12 press and community leaders, traffic education
13 and enforcement in the vicinity of schools, stu-
14 dent sessions on bicycle and pedestrian safety,
15 health, and environment, and funding for train-
16 ing, volunteers, and managers of safe routes to
17 school programs.
18 ‘‘(B) ALLOCATION.—Not less than 10 per-
19 cent and not more than 30 percent of the amount
20 apportioned to a State under this section for a
21 fiscal year shall be used for noninfrastructure-re-
22 lated activities under this paragraph.
23 ‘‘(3) SAFE ROUTES TO SCHOOL COORDINATOR.—
24 Each State shall use a sufficient amount of the appor-
25 tionment of the State for each fiscal year to fund a
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1 full-time position of coordinator of the safe routes to
2 school program of the State.
3 ‘‘(h) CLEARINGHOUSE.—
4 ‘‘(1) IN GENERAL.—The Secretary shall make
5 grants to a national nonprofit organization engaged
6 in promoting safe routes to schools—
7 ‘‘(A) to operate a national safe routes to
8 school clearinghouse;
9 ‘‘(B) to develop information and edu-
10 cational programs on safe routes to school; and
11 ‘‘(C) to provide technical assistance and
12 disseminate techniques and strategies used for
13 successful safe routes to school programs.
14 ‘‘(2) FUNDING.—The Secretary shall carry out
15 this subsection using amounts set aside for adminis-
16 trative expenses under subsection (d)(3).
17 ‘‘(i) TREATMENT OF PROJECTS.—Notwithstanding
18 any other provision of law, a project assisted under this
19 section shall be treated as a project on a Federal-aid high-
20 way under chapter 1.’’.
21 (b) CONFORMING AMENDMENTS.—
22 (1) The analysis for chapter 2 of title 23, United
23 States Code, is amended by inserting after the item
24 relating to section 207 the following:
‘‘208. Safe routes to school.’’.
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1 (2) Section 1404 of SAFETEA–LU (23 U.S.C.
2 402 note; Public Law 109–59) is repealed.
3 (3) The table of contents in section 1(b) of
4 SAFETEA–LU (Public Law 109–59; 119 Stat. 1144)
5 is amended by striking the item relating to section
6 1404.
7 SEC. 11120. HIGHWAY USE TAX EVASION PROJECTS.
8 Section 143(b)(2)(A) of title 23, United States Code,
9 is amended by striking ‘‘fiscal years 2016 through 2020’’
10 and inserting ‘‘fiscal years 2022 through 2026’’.
11 SEC. 11121. CONSTRUCTION OF FERRY BOATS AND FERRY
12 TERMINAL FACILITIES.
13 Section 147 of title 23, United States Code, is amended
14 by striking subsection (h) and inserting the following:
15 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There
16 are authorized to be appropriated out of the Highway Trust
17 Fund (other than the Mass Transit Account) to carry out
18 this section—
19 ‘‘(1) $110,000,000 for fiscal year 2022;
20 ‘‘(2) $112,000,000 for fiscal year 2023;
21 ‘‘(3) $114,000,000 for fiscal year 2024;
22 ‘‘(4) $116,000,000 for fiscal year 2025; and
23 ‘‘(5) $118,000,000 for fiscal year 2026.’’.
24 SEC. 11122. VULNERABLE ROAD USER RESEARCH.
25 (a) DEFINITIONS.—In this subsection:
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1 (1) ADMINISTRATOR.—The term ‘‘Adminis-
2 trator’’ means the Secretary, acting through the Ad-
3 ministrator of the Federal Highway Administration.
4 (2) VULNERABLE ROAD USER.—The term ‘‘vul-
5 nerable road user’’ has the meaning given the term in
6 section 148(a) of title 23, United States Code.
7 (b) ESTABLISHMENT OF RESEARCH PLAN.—The Ad-
8 ministrator shall establish a research plan to prioritize re-
9 search on roadway designs, the development of safety coun-
10 termeasures to minimize fatalities and serious injuries to
11 vulnerable road users, and the promotion of bicycling and
12 walking, including research relating to—
13 (1) roadway safety improvements, including
14 traffic calming techniques and vulnerable road user
15 accommodations appropriate in a suburban arterial
16 context;
17 (2) the impacts of traffic speeds, and access to
18 low-traffic stress corridors, on safety and rates of bi-
19 cycling and walking;
20 (3) tools to evaluate the impact of transportation
21 improvements on projected rates and safety of bicy-
22 cling and walking; and
23 (4) other research areas to be determined by the
24 Administrator.
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1 (c) VULNERABLE ROAD USER ASSESSMENTS.—The
2 Administrator shall—
3 (1) review each vulnerable road user safety as-
4 sessment submitted by a State under section 148(l) of
5 title 23, United States Code, and other relevant
6 sources of data to determine what, if any, standard
7 definitions and methods should be developed through
8 guidance to enable a State to collect pedestrian injury
9 and fatality data; and
10 (2) in the first progress update under subsection
11 (d)(2), provide—
12 (A) the results of the determination de-
13 scribed in paragraph (1); and
14 (B) the recommendations of the Secretary
15 with respect to the collection and reporting of
16 data on the safety of vulnerable road users.
17 (d) SUBMISSION; PUBLICATION.—
18 (1) SUBMISSION OF PLAN.—Not later than 180
19 days after the date of enactment of this Act, the Ad-
20 ministrator shall submit to the Committee on Envi-
21 ronment and Public Works of the Senate and the
22 Committee on Transportation and Infrastructure of
23 the House of Representatives the research plan de-
24 scribed in subsection (b).
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1 (2) PROGRESS UPDATES.—Not later than 2
2 years after the date of enactment of this Act, and bi-
3 annually thereafter, the Administrator shall submit to
4 the Committees described in paragraph (1)—
5 (A) updates on the progress and findings of
6 the research conducted pursuant to the plan de-
7 scribed in subsection (b); and
8 (B) in the first submission under this para-
9 graph, the results and recommendations de-
10 scribed in subsection (c)(2).
11 SEC. 11123. WILDLIFE CROSSING SAFETY.
12 (a) DECLARATION OF POLICY.—Section 101(b)(3)(D)
13 of title 23, United States Code, is amended, in the matter
14 preceding clause (i), by inserting ‘‘resilient,’’ after ‘‘effi-
15 cient,’’.
16 (b) WILDLIFE CROSSINGS PILOT PROGRAM.—
17 (1) IN GENERAL.—Chapter 1 of title 23, United
18 States Code, is amended by adding at the end the fol-
19 lowing:
20 ‘‘§ 171. Wildlife crossings pilot program
21 ‘‘(a) FINDING.—Congress finds that greater adoption
22 of wildlife-vehicle collision safety countermeasures is in the
23 public interest because—
24 ‘‘(1) according to the report of the Federal High-
25 way Administration entitled ‘Wildlife-Vehicle Colli-
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1 sion Reduction Study’, there are more than 1,000,000
2 wildlife-vehicle collisions every year;
3 ‘‘(2) wildlife-vehicle collisions—
4 ‘‘(A) present a danger to—
5 ‘‘(i) human safety; and
6 ‘‘(ii) wildlife survival; and
7 ‘‘(B) represent a persistent concern that re-
8 sults in tens of thousands of serious injuries and
9 hundreds of fatalities on the roadways of the
10 United States; and
11 ‘‘(3) the total annual cost associated with wild-
12 life-vehicle collisions has been estimated to be
13 $8,388,000,000; and
14 ‘‘(4) wildlife-vehicle collisions are a major threat
15 to the survival of species, including birds, reptiles,
16 mammals, and amphibians.
17 ‘‘(b) ESTABLISHMENT.—The Secretary shall establish
18 a competitive wildlife crossings pilot program (referred to
19 in this section as the ‘pilot program’) to provide grants for
20 projects that seek to achieve—
21 ‘‘(1) a reduction in the number of wildlife-vehicle
22 collisions; and
23 ‘‘(2) in carrying out the purpose described in
24 paragraph (1), improved habitat connectivity for ter-
25 restrial and aquatic species.
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1 ‘‘(c) ELIGIBLE ENTITIES.—An entity eligible to apply
2 for a grant under the pilot program is—
3 ‘‘(1) a State highway agency, or an equivalent
4 of that agency;
5 ‘‘(2) a metropolitan planning organization (as
6 defined in section 134(b));
7 ‘‘(3) a unit of local government;
8 ‘‘(4) a regional transportation authority;
9 ‘‘(5) a special purpose district or public author-
10 ity with a transportation function, including a port
11 authority;
12 ‘‘(6) an Indian tribe (as defined in section
13 207(m)(1)), including a Native village and a Native
14 Corporation (as those terms are defined in section 3
15 of the Alaska Native Claims Settlement Act (43
16 U.S.C. 1602));
17 ‘‘(7) a Federal land management agency; or
18 ‘‘(8) a group of any of the entities described in
19 paragraphs (1) through (7).
20 ‘‘(d) APPLICATIONS.—
21 ‘‘(1) IN GENERAL.—To be eligible to receive a
22 grant under the pilot program, an eligible entity shall
23 submit to the Secretary an application at such time,
24 in such manner, and containing such information as
25 the Secretary may require.
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1 ‘‘(2) REQUIREMENT.—If an application under
2 paragraph (1) is submitted by an eligible entity other
3 than an eligible entity described in paragraph (1) or
4 (7) of subsection (c), the application shall include
5 documentation that the State highway agency, or an
6 equivalent of that agency, of the State in which the
7 eligible entity is located was consulted during the de-
8 velopment of the application.
9 ‘‘(3) GUIDANCE.—To enhance consideration of
10 current and reliable data, eligible entities may obtain
11 guidance from an agency in the State with jurisdic-
12 tion over fish and wildlife.
13 ‘‘(e) CONSIDERATIONS.—In selecting grant recipients
14 under the pilot program, the Secretary shall take into con-
15 sideration the following:
16 ‘‘(1) Primarily, the extent to which the proposed
17 project of an eligible entity is likely to protect motor-
18 ists and wildlife by reducing the number of wildlife-
19 vehicle collisions and improve habitat connectivity for
20 terrestrial and aquatic species.
21 ‘‘(2) Secondarily, the extent to which the pro-
22 posed project of an eligible entity is likely to accom-
23 plish the following:
24 ‘‘(A) Leveraging Federal investment by en-
25 couraging non-Federal contributions to the
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1 project, including projects from public-private
2 partnerships.
3 ‘‘(B) Supporting local economic develop-
4 ment and improvement of visitation opportuni-
5 ties.
6 ‘‘(C) Incorporation of innovative tech-
7 nologies, including advanced design techniques
8 and other strategies to enhance efficiency and ef-
9 fectiveness in reducing wildlife-vehicle collisions
10 and improving habitat connectivity for terres-
11 trial and aquatic species.
12 ‘‘(D) Provision of educational and outreach
13 opportunities.
14 ‘‘(E) Monitoring and research to evaluate,
15 compare effectiveness of, and identify best prac-
16 tices in, selected projects.
17 ‘‘(F) Any other criteria relevant to reducing
18 the number of wildlife-vehicle collisions and im-
19 proving habitat connectivity for terrestrial and
20 aquatic species, as the Secretary determines to be
21 appropriate, subject to the condition that the im-
22 plementation of the pilot program shall not be
23 delayed in the absence of action by the Secretary
24 to identify additional criteria under this sub-
25 paragraph.
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1 ‘‘(f) USE OF FUNDS.—
2 ‘‘(1) IN GENERAL.—The Secretary shall ensure
3 that a grant received under the pilot program is used
4 for a project to reduce wildlife-vehicle collisions.
5 ‘‘(2) GRANT ADMINISTRATION.—
6 ‘‘(A) IN GENERAL.—A grant received under
7 the pilot program shall be administered by—
8 ‘‘(i) in the case of a grant to a Federal
9 land management agency or an Indian
10 tribe (as defined in section 207(m)(1), in-
11 cluding a Native village and a Native Cor-
12 poration (as those terms are defined in sec-
13 tion 3 of the Alaska Native Claims Settle-
14 ment Act (43 U.S.C. 1602))), the Federal
15 Highway Administration, through an agree-
16 ment; and
17 ‘‘(ii) in the case of a grant to an eligi-
18 ble entity other than an eligible entity de-
19 scribed in clause (i), the State highway
20 agency, or an equivalent of that agency, for
21 the State in which the project is to be car-
22 ried out.
23 ‘‘(B) PARTNERSHIPS.—
24 ‘‘(i) IN GENERAL.—A grant received
25 under the pilot program may be used to
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1 provide funds to eligible partners of the
2 project for which the grant was received de-
3 scribed in clause (ii), in accordance with
4 the terms of the project agreement.
5 ‘‘(ii) ELIGIBLE PARTNERS DE-
6 SCRIBED.—The eligible partners referred to
7 in clause (i) include—
8 ‘‘(I) a metropolitan planning or-
9 ganization (as defined in section
10 134(b));
11 ‘‘(II) a unit of local government;
12 ‘‘(III) a regional transportation
13 authority;
14 ‘‘(IV) a special purpose district or
15 public authority with a transportation
16 function, including a port authority;
17 ‘‘(V) an Indian tribe (as defined
18 in section 207(m)(1)), including a Na-
19 tive village and a Native Corporation
20 (as those terms are defined in section 3
21 of the Alaska Native Claims Settlement
22 Act (43 U.S.C. 1602));
23 ‘‘(VI) a Federal land management
24 agency;
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1 ‘‘(VII) a foundation, nongovern-
2 mental organization, or institution of
3 higher education;
4 ‘‘(VIII) a Federal, Tribal, re-
5 gional, or State government entity;
6 and
7 ‘‘(IX) a group of any of the enti-
8 ties described in subclauses (I) through
9 (VIII).
10 ‘‘(3) COMPLIANCE.—An eligible entity that re-
11 ceives a grant under the pilot program and enters
12 into a partnership described in paragraph (2) shall
13 establish measures to verify that an eligible partner
14 that receives funds from the grant complies with the
15 conditions of the pilot program in using those funds.
16 ‘‘(g) REQUIREMENT.—The Secretary shall ensure that
17 not less than 60 percent of the amounts made available for
18 grants under the pilot program each fiscal year are for
19 projects located in rural areas.
20 ‘‘(h) ANNUAL REPORT TO CONGRESS.—
21 ‘‘(1) IN GENERAL.—Not later than December 31
22 of each calendar year, the Secretary shall submit to
23 Congress, and make publicly available, a report de-
24 scribing the activities under the pilot program for the
25 fiscal year that ends during that calendar year.
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1 ‘‘(2) CONTENTS.—The report under paragraph
2 (1) shall include—
3 ‘‘(A) a detailed description of the activities
4 carried out under the pilot program;
5 ‘‘(B) an evaluation of the effectiveness of the
6 pilot program in meeting the purposes described
7 in subsection (b); and
8 ‘‘(C) policy recommendations to improve the
9 effectiveness of the pilot program.
10 ‘‘(i) TREATMENT OF PROJECTS.—Notwithstanding
11 any other provision of law, a project assisted under this
12 section shall be treated as a project on a Federal-aid high-
13 way under this chapter.’’.
14 (2) CLERICAL AMENDMENT.—The analysis for
15 chapter 1 of title 23, United States Code, is amended
16 by inserting after the item relating to section 170 the
17 following:
‘‘171. Wildlife crossings pilot program.’’.
18 (c) WILDLIFE VEHICLE COLLISION REDUCTION AND
19 HABITAT CONNECTIVITY IMPROVEMENT.—
20 (1) IN GENERAL.—Chapter 1 of title 23, United
21 States Code (as amended by subsection (b)(1)), is
22 amended by adding at the end the following:
23 ‘‘§ 172. Wildlife-vehicle collision reduction and habi-
24 tat connectivity improvement
25 ‘‘(a) STUDY.—
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1 ‘‘(1) IN GENERAL.—The Secretary shall conduct
2 a study (referred to in this subsection as the ‘study’)
3 of the state, as of the date of the study, of the practice
4 of methods to reduce collisions between motorists and
5 wildlife (referred to in this section as ‘wildlife-vehicle
6 collisions’).
7 ‘‘(2) CONTENTS.—
8 ‘‘(A) AREAS OF STUDY.—The study shall—
9 ‘‘(i) update and expand on, as appro-
10 priate—
11 ‘‘(I) the report entitled ‘Wildlife
12 Vehicle Collision Reduction Study:
13 2008 Report to Congress’; and
14 ‘‘(II) the document entitled ‘Wild-
15 life Vehicle Collision Reduction Study:
16 Best Practices Manual’ and dated Oc-
17 tober 2008; and
18 ‘‘(ii) include—
19 ‘‘(I) an assessment, as of the date
20 of the study, of—
21 ‘‘(aa) the causes of wildlife-
22 vehicle collisions;
23 ‘‘(bb) the impact of wildlife-
24 vehicle collisions on motorists and
25 wildlife; and
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1 ‘‘(cc) the impacts of roads
2 and traffic on habitat
3 connectivity for terrestrial and
4 aquatic species; and
5 ‘‘(II) solutions and best practices
6 for—
7 ‘‘(aa) reducing wildlife-vehi-
8 cle collisions; and
9 ‘‘(bb) improving habitat
10 connectivity for terrestrial and
11 aquatic species.
12 ‘‘(B) METHODS.—In carrying out the
13 study, the Secretary shall—
14 ‘‘(i) conduct a thorough review of re-
15 search and data relating to—
16 ‘‘(I) wildlife-vehicle collisions; and
17 ‘‘(II) habitat fragmentation that
18 results from transportation infrastruc-
19 ture;
20 ‘‘(ii) survey current practices of the
21 Department of Transportation and State
22 departments of transportation to reduce
23 wildlife-vehicle collisions; and
24 ‘‘(iii) consult with—
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1 ‘‘(I) appropriate experts in the
2 field of wildlife-vehicle collisions; and
3 ‘‘(II) appropriate experts on the
4 effects of roads and traffic on habitat
5 connectivity for terrestrial and aquatic
6 species.
7 ‘‘(3) REPORT.—
8 ‘‘(A) IN GENERAL.—Not later than 18
9 months after the date of enactment of the Surface
10 Transportation Reauthorization Act of 2021, the
11 Secretary shall submit to Congress a report on
12 the results of the study.
13 ‘‘(B) CONTENTS.—The report under sub-
14 paragraph (A) shall include—
15 ‘‘(i) a description of—
16 ‘‘(I) the causes of wildlife-vehicle
17 collisions;
18 ‘‘(II) the impacts of wildlife-vehi-
19 cle collisions; and
20 ‘‘(III) the impacts of roads and
21 traffic on—
22 ‘‘(aa) species listed as threat-
23 ened species or endangered species
24 under the Endangered Species Act
25 of 1973 (16 U.S.C. 1531 et seq.);
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1 ‘‘(bb) species identified by
2 States as species of greatest con-
3 servation need;
4 ‘‘(cc) species identified in
5 State wildlife plans; and
6 ‘‘(dd) medium and small ter-
7 restrial and aquatic species;
8 ‘‘(ii) an economic evaluation of the
9 costs and benefits of installing highway in-
10 frastructure and other measures to mitigate
11 damage to terrestrial and aquatic species,
12 including the effect on jobs, property values,
13 and economic growth to society, adjacent
14 communities, and landowners;
15 ‘‘(iii) recommendations for preventing
16 wildlife-vehicle collisions, including rec-
17 ommended best practices, funding resources,
18 or other recommendations for addressing
19 wildlife-vehicle collisions; and
20 ‘‘(iv) guidance, developed in consulta-
21 tion with Federal land management agen-
22 cies and State departments of transpor-
23 tation, State fish and wildlife agencies, and
24 Tribal governments that agree to partici-
25 pate, for developing, for each State that
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1 agrees to participate, a voluntary joint
2 statewide transportation and wildlife action
3 plan—
4 ‘‘(I) to address wildlife-vehicle col-
5 lisions; and
6 ‘‘(II) to improve habitat
7 connectivity for terrestrial and aquatic
8 species.
9 ‘‘(b) WORKFORCE DEVELOPMENT AND TECHNICAL
10 TRAINING.—
11 ‘‘(1) IN GENERAL.—Not later than 3 years after
12 the date of enactment of the Surface Transportation
13 Reauthorization Act of 2021, the Secretary shall,
14 based on the study conducted under subsection (a), de-
15 velop a series of in-person and online workforce devel-
16 opment and technical training courses—
17 ‘‘(A) to reduce wildlife-vehicle collisions;
18 and
19 ‘‘(B) to improve habitat connectivity for
20 terrestrial and aquatic species.
21 ‘‘(2) AVAILABILITY.—The Secretary shall—
22 ‘‘(A) make the series of courses developed
23 under paragraph (1) available for transportation
24 and fish and wildlife professionals; and
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1 ‘‘(B) update the series of courses not less fre-
2 quently than once every 2 years.
3 ‘‘(c) STANDARDIZATION OF WILDLIFE COLLISION AND
4 CARCASS DATA.—
5 ‘‘(1) STANDARDIZED METHODOLOGY.—
6 ‘‘(A) IN GENERAL.—The Secretary, acting
7 through the Administrator of the Federal High-
8 way Administration (referred to in this sub-
9 section as the ‘Secretary’), shall develop a qual-
10 ity standardized methodology for collecting and
11 reporting spatially accurate wildlife collision
12 and carcass data for the National Highway Sys-
13 tem, considering the practicability of the method-
14 ology with respect to technology and cost.
15 ‘‘(B) METHODOLOGY.—In developing the
16 standardized methodology under subparagraph
17 (A), the Secretary shall—
18 ‘‘(i) survey existing methodologies and
19 sources of data collection, including the Fa-
20 tality Analysis Reporting System, the Gen-
21 eral Estimates System of the National Auto-
22 motive Sampling System, and the Highway
23 Safety Information System; and
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1 ‘‘(ii) to the extent practicable, identify
2 and correct limitations of those existing
3 methodologies and sources of data collection.
4 ‘‘(C) CONSULTATION.—In developing the
5 standardized methodology under subparagraph
6 (A), the Secretary shall consult with—
7 ‘‘(i) the Secretary of the Interior;
8 ‘‘(ii) the Secretary of Agriculture, act-
9 ing through the Chief of the Forest Service;
10 ‘‘(iii) Tribal, State, and local trans-
11 portation and wildlife authorities;
12 ‘‘(iv) metropolitan planning organiza-
13 tions (as defined in section 134(b));
14 ‘‘(v) members of the American Associa-
15 tion of State Highway Transportation Offi-
16 cials;
17 ‘‘(vi) members of the Association of
18 Fish and Wildlife Agencies;
19 ‘‘(vii) experts in the field of wildlife-ve-
20 hicle collisions;
21 ‘‘(viii) nongovernmental organizations;
22 and
23 ‘‘(ix) other interested stakeholders, as
24 appropriate.
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1 ‘‘(2) STANDARDIZED NATIONAL DATA SYSTEM
2 WITH VOLUNTARY TEMPLATE IMPLEMENTATION.—The
3 Secretary shall—
4 ‘‘(A) develop a template for State imple-
5 mentation of a standardized national wildlife
6 collision and carcass data system for the Na-
7 tional Highway System that is based on the
8 standardized methodology developed under para-
9 graph (1); and
10 ‘‘(B) encourage the voluntary implementa-
11 tion of the template developed under subpara-
12 graph (A).
13 ‘‘(3) REPORTS.—
14 ‘‘(A) METHODOLOGY.—The Secretary shall
15 submit to Congress a report describing the stand-
16 ardized methodology developed under paragraph
17 (1) not later than the later of—
18 ‘‘(i) the date that is 18 months after
19 the date of enactment of the Surface Trans-
20 portation Reauthorization Act of 2021; and
21 ‘‘(ii) the date that is 180 days after the
22 date on which the Secretary completes the
23 development of the standardized method-
24 ology.
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1 ‘‘(B) IMPLEMENTATION.—Not later than 4
2 years after the date of enactment of the Surface
3 Transportation Reauthorization Act of 2021, the
4 Secretary shall submit to Congress a report de-
5 scribing—
6 ‘‘(i) the status of the voluntary imple-
7 mentation of the standardized methodology
8 developed under paragraph (1) and the tem-
9 plate developed under paragraph (2)(A);
10 ‘‘(ii) whether the implementation of the
11 standardized methodology developed under
12 paragraph (1) and the template developed
13 under paragraph (2)(A) has impacted ef-
14 forts by States, units of local government,
15 and other entities—
16 ‘‘(I) to reduce the number of wild-
17 life-vehicle collisions; and
18 ‘‘(II) to improve habitat
19 connectivity;
20 ‘‘(iii) the degree of the impact de-
21 scribed in clause (ii); and
22 ‘‘(iv) the recommendations of the Sec-
23 retary, including recommendations for fur-
24 ther study aimed at reducing motorist colli-
25 sions involving wildlife and improving
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1 habitat connectivity for terrestrial and
2 aquatic species on the National Highway
3 System, if any.
4 ‘‘(d) NATIONAL THRESHOLD GUIDANCE.—The Sec-
5 retary shall—
6 ‘‘(1) establish guidance, to be carried out by
7 States on a voluntary basis, that contains a threshold
8 for determining whether a highway shall be evaluated
9 for potential mitigation measures to reduce wildlife-
10 vehicle collisions and increase habitat connectivity for
11 terrestrial and aquatic species, taking into consider-
12 ation—
13 ‘‘(A) the number of wildlife-vehicle collisions
14 on the highway that pose a human safety risk;
15 ‘‘(B) highway-related mortality and the ef-
16 fects of traffic on the highway on—
17 ‘‘(i) species listed as endangered species
18 or threatened species under the Endangered
19 Species Act of 1973 (16 U.S.C. 1531 et
20 seq.);
21 ‘‘(ii) species identified by a State as
22 species of greatest conservation need;
23 ‘‘(iii) species identified in State wild-
24 life plans; and
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1 ‘‘(iv) medium and small terrestrial
2 and aquatic species; and
3 ‘‘(C) habitat connectivity values for terres-
4 trial and aquatic species and the barrier effect of
5 the highway on the movements and migrations of
6 those species.’’.
7 (2) CLERICAL AMENDMENT.—The analysis for
8 chapter 1 of title 23, United States Code (as amended
9 by subsection (b)(2)) is amended by inserting after
10 the item relating to section 171 the following:
‘‘172. Wildlife-vehicle collision reduction and habitat connectivity improvement.’’.
11 (d) WILDLIFE CROSSINGS STANDARDS.—Section
12 109(c)(2) of title 23, United States Code, is amended—
13 (1) in subparagraph (E), by striking ‘‘and’’ at
14 the end;
15 (2) by redesignating subparagraph (F) as sub-
16 paragraph (G); and
17 (3) by inserting after subparagraph (E) the fol-
18 lowing:
19 ‘‘(F) the publication of the Federal High-
20 way Administration entitled ‘Wildlife Crossing
21 Structure Handbook: Design and Evaluation in
22 North America’ and dated March 2011; and’’.
23 (e) WILDLIFE HABITAT CONNECTIVITY AND NATIONAL
24 BRIDGE AND TUNNEL INVENTORY AND INSPECTION STAND-
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1 ARDS.—Section 144 of title 23, United States Code, is
2 amended—
3 (1) in subsection (a)(2)—
4 (A) in subparagraph (B), by inserting ‘‘, re-
5 silience,’’ after ‘‘safety’’;
6 (B) in subparagraph (D), by striking ‘‘and’’
7 at the end;
8 (C) in subparagraph (E), by striking the
9 period at the end and inserting ‘‘; and’’; and
10 (D) by adding at the end the following:
11 ‘‘(F) to ensure adequate passage of aquatic
12 and terrestrial species, where appropriate.’’;
13 (2) in subsection (b)—
14 (A) in paragraph (4), by striking ‘‘and’’ at
15 the end;
16 (B) in paragraph (5), by striking the period
17 at the end and inserting ‘‘; and’’; and
18 (C) by adding at the end the following:
19 ‘‘(6) determine if the replacement or rehabilita-
20 tion of bridges and tunnels should include measures
21 to enable safe and unimpeded movement for terres-
22 trial and aquatic species.’’; and
23 (3) in subsection (i), by adding at the end the
24 following:
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1 ‘‘(3) REQUIREMENT.—The first revision under
2 paragraph (2) after the date of enactment of the Sur-
3 face Transportation Reauthorization Act of 2021 shall
4 include techniques to assess passage of aquatic and
5 terrestrial species and habitat restoration potential.’’.
6 SEC. 11124. CONSOLIDATION OF PROGRAMS.
7 Section 1519(a) of MAP–21 (Public Law 112–141; 126
8 Stat. 574; 129 Stat. 1423) is amended, in the matter pre-
9 ceding paragraph (1), by striking ‘‘fiscal years 2016
10 through 2020’’ and inserting ‘‘fiscal years 2022 through
11 2026’’.
12 SEC. 11125. GAO REPORT.
13 (a) IN GENERAL.—Section 1433 of the FAST Act (23
14 U.S.C. 101 note; Public Law 114–94) is repealed.
15 (b) CLERICAL AMENDMENT.—The table of contents in
16 section 1(b) of the FAST Act (Public Law 114–94; 129 Stat.
17 1312) is amended by striking the item relating to section
18 1433.
19 SEC. 11126. TERRITORIAL AND PUERTO RICO HIGHWAY
20 PROGRAM.
21 Section 165 of title 23, United States Code, is amend-
22 ed—
23 (1) in subsection (a), by striking paragraphs (1)
24 and (2) and inserting the following:
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1 ‘‘(1) for the Puerto Rico highway program under
2 subsection (b)—
3 ‘‘(A) $173,010,000 shall be for fiscal year
4 2022;
5 ‘‘(B) $176,960,000 shall be for fiscal year
6 2023;
7 ‘‘(C) $180,120,000 shall be for fiscal year
8 2024;
9 ‘‘(D) $183,675,000 shall be for fiscal year
10 2025; and
11 ‘‘(E) $187,230,000 shall be for fiscal year
12 2026; and
13 ‘‘(2) for the territorial highway program under
14 subsection (c)—
15 ‘‘(A) $45,990,000 shall be for fiscal year
16 2022;
17 ‘‘(B) $47,040,000 shall be for fiscal year
18 2023;
19 ‘‘(C) $47,880,000 shall be for fiscal year
20 2024;
21 ‘‘(D) $48,825,000 shall be for fiscal year
22 2025; and
23 ‘‘(E) $49,770,000 shall be for fiscal year
24 2026.’’;
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1 (2) in subsection (b)(2)(C)(iii), by inserting
2 ‘‘and preventative maintenance on the National
3 Highway System’’ after ‘‘chapter 1’’; and
4 (3) in subsection (c)(7), by striking ‘‘paragraphs
5 (1) through (4) of section 133(c) and section
6 133(b)(12)’’ and inserting ‘‘paragraphs (1), (2), (3),
7 and (5) of section 133(c) and section 133(b)(13)’’.
8 SEC. 11127. NATIONALLY SIGNIFICANT FEDERAL LANDS
9 AND TRIBAL PROJECTS PROGRAM.
10 Section 1123 of the FAST Act (23 U.S.C. 201 note;
11 Public Law 114–94) is amended—
12 (1) in subsection (c)(3), by striking
13 ‘‘$25,000,000’’ and all that follows through the period
14 at the end and inserting ‘‘$12,500,000.’’;
15 (2) in subsection (g)—
16 (A) by striking the subsection designation
17 and heading and all that follows through ‘‘The
18 Federal’’ in paragraph (1) and inserting the fol-
19 lowing:
20 ‘‘(g) COST SHARE.—
21 ‘‘(1) FEDERAL SHARE.—
22 ‘‘(A) IN GENERAL.—Except as provided in
23 subparagraph (B), the Federal’’;
24 (B) in paragraph (1), by adding at the end
25 the following:
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1 ‘‘(B) TRIBAL PROJECTS.—In the case of a
2 project on a tribal transportation facility (as de-
3 fined in section 101(a) of title 23, United States
4 Code), the Federal share of the cost of the project
5 shall be 100 percent.’’; and
6 (C) in paragraph (2), by striking ‘‘other
7 than those made available under title 23 or title
8 49, United States Code,’’; and
9 (3) by striking subsection (h) and inserting the
10 following:
11 ‘‘(h) USE OF FUNDS.—
12 ‘‘(1) IN GENERAL.—For each fiscal year, of the
13 amounts made available to carry out this section—
14 ‘‘(A) 50 percent shall be used for eligible
15 projects on Federal lands transportation facili-
16 ties and Federal lands access transportation fa-
17 cilities (as those terms are defined in section
18 101(a) of title 23, United States Code); and
19 ‘‘(B) 50 percent shall be used for eligible
20 projects on tribal transportation facilities (as de-
21 fined in section 101(a) of title 23, United States
22 Code).
23 ‘‘(2) REQUIREMENT.—Not less than 1 eligible
24 project carried out using the amount described in
25 paragraph (1)(A) shall be in a unit of the National
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1 Park System with not less than 3,000,000 annual
2 visitors.
3 ‘‘(3) AVAILABILITY.—Amounts made available to
4 carry out this section shall remain available for a pe-
5 riod of 3 fiscal years following the fiscal year for
6 which the amounts are appropriated.’’.
7 SEC. 11128. TRIBAL HIGH PRIORITY PROJECTS PROGRAM.
8 Section 1123(h) of MAP–21 (23 U.S.C. 202 note; Pub-
9 lic Law 112–141) is amended—
10 (1) by redesignating paragraph (2) as para-
11 graph (3);
12 (2) in paragraph (3) (as so redesignated), in the
13 matter preceding subparagraph (A), by striking
14 ‘‘paragraph (1)’’ and inserting ‘‘paragraphs (1) and
15 (2)’’; and
16 (3) by striking the subsection designation and
17 heading and all that follows through the period at the
18 end of paragraph (1) and inserting the following:
19 ‘‘(h) FUNDING.—
20 ‘‘(1) SET-ASIDE.—For each of fiscal years 2022
21 through 2026, of the amounts made available to carry
22 out the tribal transportation program under section
23 202 of title 23, United States Code, for that fiscal
24 year, the Secretary shall use $9,000,000 to carry out
25 the program.
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1 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—In
2 addition to amounts made available under paragraph
3 (1), there is authorized to be appropriated
4 $30,000,000 out of the general fund of the Treasury
5 to carry out the program for each of fiscal years 2022
6 through 2026.’’.
7 SEC. 11129. STANDARDS.
8 Section 109 of title 23, United States Code, is amend-
9 ed—
10 (1) in subsection (d)—
11 (A) by striking ‘‘(d) On any’’ and inserting
12 the following:
13 ‘‘(d) MANUAL ON UNIFORM TRAFFIC CONTROL DE-
14 VICES.—
15 ‘‘(1) IN GENERAL.—On any’’;
16 (B) in paragraph (1) (as so designated), by
17 striking ‘‘promote the safe’’ and inserting ‘‘pro-
18 mote the safety, inclusion, and mobility of all
19 users’’; and
20 (C) by adding at the end the following:
21 ‘‘(2) UPDATES.—Not later than 18 months after
22 the date of enactment of the Surface Transportation
23 Reauthorization Act of 2021 and not less frequently
24 than every 4 years thereafter, the Secretary shall up-
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1 date the Manual on Uniform Traffic Control De-
2 vices.’’;
3 (2) in subsection (o)—
4 (A) by striking ‘‘Projects’’ and inserting:
5 ‘‘(A) IN GENERAL.—Projects’’; and
6 (B) by inserting at the end the following:
7 ‘‘(B) LOCAL JURISDICTIONS.—Notwith-
8 standing subparagraph (A), a local jurisdiction
9 may use a roadway design guide recognized by
10 the Federal Highway Administration and adopt-
11 ed by the local jurisdiction that is different from
12 the roadway design guide used by the State in
13 which the local jurisdiction is located for the de-
14 sign of projects on all roadways under the own-
15 ership of the local jurisdiction (other than a
16 highway on the National Highway System) for
17 which the local jurisdiction is the project spon-
18 sor, provided that the design complies with all
19 other applicable Federal laws.’’; and
20 (3) by adding at the end the following:
21 ‘‘(s) ELECTRIC VEHICLE CHARGING STATIONS.—
22 ‘‘(1) STANDARDS.—Electric vehicle charging in-
23 frastructure installed using funds provided under this
24 title shall provide, at a minimum—
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1 ‘‘(A) non-proprietary charging connectors
2 that meet applicable industry safety standards;
3 and
4 ‘‘(B) open access to payment methods that
5 are available to all members of the public to en-
6 sure secure, convenient, and equal access to the
7 electric vehicle charging infrastructure that shall
8 not be limited by membership to a particular
9 payment provider.
10 ‘‘(2) TREATMENT OF PROJECTS.—Notwith-
11 standing any other provision of law, a project to in-
12 stall electric vehicle charging infrastructure using
13 funds provided under this title shall be treated as if
14 the project is located on a Federal-aid highway.’’.
15 SEC. 11130. PUBLIC TRANSPORTATION.
16 (a) IN GENERAL.—Section 142(a) of title 23, United
17 States Code, is amended by adding at the end the following:
18 ‘‘(3) BUS CORRIDORS.—In addition to the
19 projects described in paragraphs (1) and (2), the Sec-
20 retary may approve payment from sums apportioned
21 under paragraph (2) or (7) of section 104(b) for car-
22 rying out a capital project for the construction of a
23 bus rapid transit corridor or dedicated bus lanes, in-
24 cluding the construction or installation of—
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1 ‘‘(A) traffic signaling and prioritization
2 systems;
3 ‘‘(B) redesigned intersections that are nec-
4 essary for the establishment of a bus rapid tran-
5 sit corridor;
6 ‘‘(C) on-street stations;
7 ‘‘(D) fare collection systems;
8 ‘‘(E) information and wayfinding systems;
9 and
10 ‘‘(F) depots.’’.
11 (b) TECHNICAL CORRECTION.—Section 142 of title 23,
12 United States Code, is amended by striking subsection (i).
13 SEC. 11131. RESERVATION OF CERTAIN FUNDS.
14 (a) OPEN CONTAINER REQUIREMENTS.—Section
15 154(c)(2) of title 23, United States Code, is amended—
16 (1) in the paragraph heading, by striking
17 ‘‘2012’’ and inserting ‘‘2022’’;
18 (2) by striking subparagraph (A) and inserting
19 the following:
20 ‘‘(A) RESERVATION OF FUNDS.—
21 ‘‘(i) IN GENERAL.—On October 1,
22 2021, and each October 1 thereafter, in the
23 case of a State described in clause (ii), the
24 Secretary shall reserve an amount equal to
25 2.5 percent of the funds to be apportioned to
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1 the State on that date under each of para-
2 graphs (1) and (2) of section 104(b) until
3 the State certifies to the Secretary the
4 means by which the State will use those re-
5 served funds in accordance with subpara-
6 graphs (A) and (B) of paragraph (1), and
7 paragraph (3).
8 ‘‘(ii) STATES DESCRIBED.—A State re-
9 ferred to in clause (i) is a State—
10 ‘‘(I) that has not enacted or is not
11 enforcing an open container law de-
12 scribed in subsection (b); and
13 ‘‘(II) for which the Secretary de-
14 termined for the prior fiscal year that
15 the State had not enacted or was not
16 enforcing an open container law de-
17 scribed in subsection (b).’’; and
18 (3) in subparagraph (B), in the matter pre-
19 ceding clause (i), by striking ‘‘subparagraph (A)’’ and
20 inserting ‘‘subparagraph (A)(i)’’.
21 (b) REPEAT INTOXICATED DRIVER LAWS.—Section
22 164(b)(2) of title 23, United States Code, is amended—
23 (1) in the paragraph heading, by striking
24 ‘‘2012’’ and inserting ‘‘2022’’;
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1 (2) by striking subparagraph (A) and inserting
2 the following:
3 ‘‘(A) RESERVATION OF FUNDS.—
4 ‘‘(i) IN GENERAL.—On October 1,
5 2021, and each October 1 thereafter, in the
6 case of a State described in clause (ii), the
7 Secretary shall reserve an amount equal to
8 2.5 percent of the funds to be apportioned to
9 the State on that date under each of para-
10 graphs (1) and (2) of section 104(b) until
11 the State certifies to the Secretary the
12 means by which the State will use those re-
13 served funds in accordance with subpara-
14 graphs (A) and (B) of paragraph (1), and
15 paragraph (3).
16 ‘‘(ii) STATES DESCRIBED.—A State re-
17 ferred to in clause (i) is a State—
18 ‘‘(I) that has not enacted or is not
19 enforcing a repeat intoxicated driver
20 law; and
21 ‘‘(II) for which the Secretary de-
22 termined for the prior fiscal year that
23 the State had not enacted or was not
24 enforcing a repeat intoxicated driver
25 law.’’; and
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1 (3) in subparagraph (B), in the matter pre-
2 ceding clause (i), by striking ‘‘subparagraph (A)’’ and
3 inserting ‘‘subparagraph (A)(i)’’.
4 SEC. 11132. RURAL SURFACE TRANSPORTATION GRANT
5 PROGRAM.
6 (a) IN GENERAL.—Chapter 1 of title 23, United States
7 Code (as amended by section 11123(c)(1)), is amended by
8 adding at the end the following:
9 ‘‘§ 173. Rural surface transportation grant program
10 ‘‘(a) DEFINITIONS.—In this section:
11 ‘‘(1) PROGRAM.—The term ‘program’ means the
12 program established under subsection (b)(1).
13 ‘‘(2) RURAL AREA.—The term ‘rural area’ means
14 an area that is outside an urbanized area with a pop-
15 ulation of over 200,000.
16 ‘‘(b) ESTABLISHMENT.—
17 ‘‘(1) IN GENERAL.—The Secretary shall establish
18 a rural surface transportation grant program to pro-
19 vide grants, on a competitive basis, to eligible entities
20 to improve and expand the surface transportation in-
21 frastructure in rural areas.
22 ‘‘(2) GOALS.—The goals of the program shall
23 be—
24 ‘‘(A) to increase connectivity;
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1 ‘‘(B) to improve the safety and reliability of
2 the movement of people and freight; and
3 ‘‘(C) to generate regional economic growth
4 and improve quality of life.
5 ‘‘(3) GRANT ADMINISTRATION.—The Secretary
6 may—
7 ‘‘(A) retain not more than a total of 2 per-
8 cent of the funds made available to carry out the
9 program and to review applications for grants
10 under the program; and
11 ‘‘(B) transfer portions of the funds retained
12 under subparagraph (A) to the relevant Admin-
13 istrators to fund the award and oversight of
14 grants provided under the program.
15 ‘‘(c) ELIGIBLE ENTITIES.—The Secretary may make
16 a grant under the program to—
17 ‘‘(1) a State;
18 ‘‘(2) a regional transportation planning organi-
19 zation;
20 ‘‘(3) a unit of local government;
21 ‘‘(4) a Tribal government or a consortium of
22 Tribal governments; and
23 ‘‘(5) a multijurisdictional group of entities de-
24 scribed in paragraphs (1) through (4).
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1 ‘‘(d) APPLICATIONS.—To be eligible to receive a grant
2 under the program, an eligible entity shall submit to the
3 Secretary an application in such form, at such time, and
4 containing such information as the Secretary may require.
5 ‘‘(e) ELIGIBLE PROJECTS.—
6 ‘‘(1) IN GENERAL.—Except as provided in para-
7 graph (2), the Secretary may make a grant under the
8 program only for a project that is—
9 ‘‘(A) a highway, bridge, or tunnel project el-
10 igible under section 119(d);
11 ‘‘(B) a highway, bridge, or tunnel project el-
12 igible under section 133(b);
13 ‘‘(C) a project eligible under section 202(a);
14 ‘‘(D) a highway freight project eligible
15 under section 167(h)(5);
16 ‘‘(E) a highway safety improvement project,
17 including a project to improve a high risk rural
18 road (as those terms are defined in section
19 148(a));
20 ‘‘(F) a project on a publicly-owned highway
21 or bridge that provides or increases access to an
22 agricultural, commercial, energy, or intermodal
23 facility that supports the economy of a rural
24 area; or
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1 ‘‘(G) a project to develop, establish, or
2 maintain an integrated mobility management
3 system, a transportation demand management
4 system, or on-demand mobility services.
5 ‘‘(2) BUNDLING OF ELIGIBLE PROJECTS.—
6 ‘‘(A) IN GENERAL.—An eligible entity may
7 bundle 2 or more similar eligible projects under
8 the program that are—
9 ‘‘(i) included as a bundled project in a
10 statewide transportation improvement pro-
11 gram under section 135; and
12 ‘‘(ii) awarded to a single contractor or
13 consultant pursuant to a contract for engi-
14 neering and design or construction between
15 the contractor and the eligible entity.
16 ‘‘(B) ITEMIZATION.—Notwithstanding any
17 other provision of law (including regulations), a
18 bundling of eligible projects under this para-
19 graph may be considered to be a single project,
20 including for purposes of section 135.
21 ‘‘(f) ELIGIBLE PROJECT COSTS.—An eligible entity
22 may use funds from a grant under the program for—
23 ‘‘(1) development phase activities, including
24 planning, feasibility analysis, revenue forecasting, en-
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1 vironmental review, preliminary engineering and de-
2 sign work, and other preconstruction activities; and
3 ‘‘(2) construction, reconstruction, rehabilitation,
4 acquisition of real property (including land related to
5 the project and improvements to the land), environ-
6 mental mitigation, construction contingencies, acqui-
7 sition of equipment, and operational improvements.
8 ‘‘(g) PROJECT REQUIREMENTS.—The Secretary may
9 provide a grant under the program to an eligible project
10 only if the Secretary determines that the project—
11 ‘‘(1) will generate regional economic, mobility, or
12 safety benefits;
13 ‘‘(2) will be cost effective;
14 ‘‘(3) will contribute to the accomplishment of 1
15 or more of the national goals under section 150;
16 ‘‘(4) is based on the results of preliminary engi-
17 neering; and
18 ‘‘(5) is reasonably expected to begin construction
19 not later than 18 months after the date of obligation
20 of funds for the project.
21 ‘‘(h) ADDITIONAL CONSIDERATIONS.—In providing
22 grants under the program, the Secretary shall consider the
23 extent to which an eligible project will—
24 ‘‘(1) improve the state of good repair of existing
25 highway, bridge, and tunnel facilities;
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1 ‘‘(2) increase the capacity or connectivity of the
2 surface transportation system and improve mobility
3 for residents of rural areas;
4 ‘‘(3) address economic development and job cre-
5 ation challenges, including energy sector job losses in
6 energy communities as identified in the report re-
7 leased in April 2021 by the interagency working
8 group established by section 218 of Executive Order
9 14008 (86 Fed. Reg. 7628 (February 1, 2021));
10 ‘‘(4) enhance recreational and tourism opportu-
11 nities by providing access to Federal land, national
12 parks, national forests, national recreation areas, na-
13 tional wildlife refuges, wilderness areas, or State
14 parks;
15 ‘‘(5) contribute to geographic diversity among
16 grant recipients;
17 ‘‘(6) utilize innovative project delivery ap-
18 proaches or incorporate transportation technologies;
19 ‘‘(7) coordinate with projects to address
20 broadband infrastructure needs; or
21 ‘‘(8) improve access to emergency care, essential
22 services, healthcare providers, or drug and alcohol
23 treatment and rehabilitation resources.
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1 ‘‘(i) GRANT AMOUNT.—Except as provided in sub-
2 section (k)(1), a grant under the program shall be in an
3 amount that is not less than $25,000,000.
4 ‘‘(j) FEDERAL SHARE.—
5 ‘‘(1) IN GENERAL.—Except as provided in para-
6 graph (2), the Federal share of the cost of a project
7 carried out with a grant under the program may not
8 exceed 80 percent.
9 ‘‘(2) FEDERAL SHARE FOR CERTAIN
10 PROJECTS.—The Federal share of the cost of an eligi-
11 ble project that furthers the completion of a des-
12 ignated segment of the Appalachian Development
13 Highway System under section 14501 of title 40, or
14 addresses a surface transportation infrastructure need
15 identified for the Denali access system program under
16 section 309 of the Denali Commission Act of 1998 (42
17 U.S.C. 3121 note; Public Law 105–277) shall be up
18 to 100 percent, as determined by the State.
19 ‘‘(3) USE OF OTHER FEDERAL ASSISTANCE.—
20 Federal assistance other than a grant under the pro-
21 gram may be used to satisfy the non-Federal share of
22 the cost of a project carried out with a grant under
23 the program.
24 ‘‘(k) SET ASIDES.—
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1 ‘‘(1) SMALL PROJECTS.—The Secretary shall use
2 not more than 10 percent of the amounts made avail-
3 able for the program for each fiscal year to provide
4 grants for eligible projects in an amount that is less
5 than $25,000,000.
6 ‘‘(2) APPALACHIAN DEVELOPMENT HIGHWAY SYS-
7 TEM.—The Secretary shall reserve 25 percent of the
8 amounts made available for the program for each fis-
9 cal year for eligible projects that further the comple-
10 tion of designated routes of the Appalachian Develop-
11 ment Highway System under section 14501 of title
12 40.
13 ‘‘(3) RURAL ROADWAY LANE DEPARTURES.—The
14 Secretary shall reserve 15 percent of the amounts
15 made available for the program for each fiscal year
16 to provide grants for eligible projects located in States
17 that have rural roadway fatalities as a result of lane
18 departures that are greater than the average of rural
19 roadway fatalities as a result of lane departures in
20 the United States, based on the latest available data
21 from the Secretary.
22 ‘‘(4) EXCESS FUNDING.—In any fiscal year in
23 which qualified applications for grants under this
24 subsection do not allow for the amounts reserved
25 under paragraphs (1), (2), or (3) to be fully utilized,
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1 the Secretary shall use the unutilized amounts to
2 make other grants under the program.
3 ‘‘(l) CONGRESSIONAL REVIEW.—
4 ‘‘(1) NOTIFICATION.—Not less than 60 days be-
5 fore providing a grant under the program, the Sec-
6 retary shall submit to the Committee on Environment
7 and Public Works of the Senate and the Committee on
8 Transportation and Infrastructure of the House of
9 Representatives—
10 ‘‘(A) a list of all applications determined to
11 be eligible for a grant by the Secretary;
12 ‘‘(B) each application proposed to be se-
13 lected for a grant, including a justification for
14 the selection; and
15 ‘‘(C) proposed grant amounts.
16 ‘‘(2) COMMITTEE REVIEW.—Before the last day
17 of the 60-day period described in paragraph (1), each
18 Committee described in paragraph (1) shall review
19 the list of proposed projects submitted by the Sec-
20 retary.
21 ‘‘(3) CONGRESSIONAL DISAPPROVAL.—The Sec-
22 retary may not make a grant or any other obligation
23 or commitment to fund a project under the program
24 if a joint resolution is enacted disapproving funding
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1 for the project before the last day of the 60-day period
2 described in paragraph (1).
3 ‘‘(m) TRANSPARENCY.—
4 ‘‘(1) IN GENERAL.—Not later than 30 days after
5 providing a grant for a project under the program,
6 the Secretary shall provide to all applicants, and
7 publish on the website of the Department of Transpor-
8 tation, the information described in subsection (l)(1).
9 ‘‘(2) BRIEFING.—The Secretary shall provide, on
10 the request of an eligible entity, the opportunity to re-
11 ceive a briefing to explain any reasons the eligible en-
12 tity was not selected to receive a grant under the pro-
13 gram.
14 ‘‘(n) REPORTS.—
15 ‘‘(1) ANNUAL REPORT.—The Secretary shall
16 make available on the website of the Department of
17 Transportation at the end of each fiscal year an an-
18 nual report that lists each project for which a grant
19 has been provided under the program during that fis-
20 cal year.
21 ‘‘(2) COMPTROLLER GENERAL.—
22 ‘‘(A) ASSESSMENT.—The Comptroller Gen-
23 eral of the United States shall conduct an assess-
24 ment of the administrative establishment, solici-
25 tation, selection, and justification process with
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1 respect to the awarding of grants under the pro-
2 gram for each fiscal year.
3 ‘‘(B) REPORT.—Each fiscal year, the Comp-
4 troller General shall submit to the Committee on
5 Environment and Public Works of the Senate
6 and the Committee on Transportation and Infra-
7 structure of the House of Representatives a re-
8 port that describes, for the fiscal year—
9 ‘‘(i) the adequacy and fairness of the
10 process by which each project was selected,
11 if applicable; and
12 ‘‘(ii) the justification and criteria used
13 for the selection of each project, if applica-
14 ble.
15 ‘‘(o) TREATMENT OF PROJECTS.—Notwithstanding
16 any other provision of law, a project assisted under this
17 section shall be treated as a project on a Federal-aid high-
18 way under this chapter.’’.
19 (b) CLERICAL AMENDMENT.—The analysis for chapter
20 1 of title 23, United States Code (as amended by section
21 11123(c)(2)), is amended by inserting after the item relat-
22 ing to section 172 the following:
‘‘173. Rural surface transportation grant program.’’.
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1 SEC. 11133. BICYCLE TRANSPORTATION AND PEDESTRIAN
2 WALKWAYS.
3 Section 217 of title 23, United States Code, is amend-
4 ed—
5 (1) in subsection (a)—
6 (A) by striking ‘‘pedestrian walkways and
7 bicycle’’ and inserting ‘‘pedestrian walkways and
8 bicycle and shared micromobility’’; and
9 (B) by striking ‘‘safe bicycle use’’ and in-
10 serting ‘‘safe access for bicyclists and pedes-
11 trians’’;
12 (2) in subsection (d), by striking ‘‘a position’’
13 and inserting ‘‘up to 2 positions’’;
14 (3) in subsection (e), by striking ‘‘bicycles’’ each
15 place it appears and inserting ‘‘pedestrians or
16 bicyclists’’;
17 (4) in subsection (f), by striking ‘‘and a bicycle’’
18 and inserting ‘‘or a bicycle or shared micromobility’’;
19 and
20 (5) in subsection (j), by striking paragraph (2)
21 and inserting the following:
22 ‘‘(2) ELECTRIC BICYCLE.—
23 ‘‘(A) IN GENERAL.—The term ‘electric bicy-
24 cle’ means a bicycle—
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1 ‘‘(i) equipped with fully operable ped-
2 als, a saddle or seat for the rider, and an
3 electric motor of less than 750 watts;
4 ‘‘(ii) that can safely share a bicycle
5 transportation facility with other users of
6 such facility; and
7 ‘‘(iii) that is a class 1 electric bicycle,
8 class 2 electric bicycle, or class 3 electric bi-
9 cycle.
10 ‘‘(B) CLASSES OF ELECTRIC BICYCLES.—
11 ‘‘(i) CLASS 1 ELECTRIC BICYCLE.—For
12 purposes of subparagraph (A)(iii), the term
13 ‘class 1 electric bicycle’ means an electric
14 bicycle, other than a class 3 electric bicycle,
15 equipped with a motor that—
16 ‘‘(I) provides assistance only when
17 the rider is pedaling; and
18 ‘‘(II) ceases to provide assistance
19 when the speed of the bicycle reaches or
20 exceeds 20 miles per hour.
21 ‘‘(ii) CLASS 2 ELECTRIC BICYCLE.—
22 For purposes of subparagraph (A)(iii), the
23 term ‘class 2 electric bicycle’ means an elec-
24 tric bicycle equipped with a motor that—
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1 ‘‘(I) may be used exclusively to
2 propel the bicycle; and
3 ‘‘(II) is not capable of providing
4 assistance when the speed of the bicycle
5 reaches or exceeds 20 miles per hour.
6 ‘‘(iii) CLASS 3 ELECTRIC BICYCLE.—
7 For purposes of subparagraph (A)(iii), the
8 term ‘class 3 electric bicycle’ means an elec-
9 tric bicycle equipped with a motor that—
10 ‘‘(I) provides assistance only when
11 the rider is pedaling; and
12 ‘‘(II) ceases to provide assistance
13 when the speed of the bicycle reaches or
14 exceeds 28 miles per hour.’’.
15 SEC. 11134. RECREATIONAL TRAILS PROGRAM.
16 Section 206 of title 23, United States Code, is amended
17 by adding at the end the following:
18 ‘‘(j) USE OF OTHER APPORTIONED FUNDS.—Funds
19 apportioned to a State under section 104(b) that are obli-
20 gated for a recreational trail or a related project shall be
21 administered as if the funds were made available to carry
22 out this section.’’.
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1 SEC. 11135. UPDATES TO MANUAL ON UNIFORM TRAFFIC
2 CONTROL DEVICES.
3 In carrying out the first update to the Manual on Uni-
4 form Traffic Control Devices under section 109(d)(2) of title
5 23, United States Code, to the greatest extent practicable,
6 the Secretary shall include updates necessary to provide
7 for—
8 (1) the protection of vulnerable road users (as de-
9 fined in section 148(a) of title 23, United States
10 Code);
11 (2) supporting the safe testing of automated vehi-
12 cle technology and any preparation necessary for the
13 safe integration of automated vehicles onto public
14 streets;
15 (3) appropriate use of variable message signs to
16 enhance public safety;
17 (4) the minimum retroreflectivity of traffic con-
18 trol devices and pavement markings; and
19 (5) any additional recommendations made by
20 the National Committee on Uniform Traffic Control
21 Devices that have not been incorporated into the Man-
22 ual on Uniform Traffic Control Devices.
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1 Subtitle B—Planning and
2 Performance Management
3 SEC. 11201. TRANSPORTATION PLANNING.
4 (a) METROPOLITAN TRANSPORTATION PLANNING.—
5 Section 134 of title 23, United States Code, is amended—
6 (1) in subsection (d)—
7 (A) in paragraph (3), by adding at the end
8 the following:
9 ‘‘(D) CONSIDERATIONS.—In designating of-
10 ficials or representatives under paragraph (2) for
11 the first time, subject to the bylaws or enabling
12 statute of the metropolitan planning organiza-
13 tion, the metropolitan planning organization
14 shall consider the equitable and proportional
15 representation of the population of the metropoli-
16 tan planning area.’’; and
17 (B) in paragraph (7)—
18 (i) by striking ‘‘an existing metropoli-
19 tan planning area’’ and inserting ‘‘an exist-
20 ing urbanized area (as defined by the Bu-
21 reau of the Census)’’; and
22 (ii) by striking ‘‘the existing metropoli-
23 tan planning area’’ and inserting ‘‘the
24 area’’;
25 (2) in subsection (g)—
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1 (A) in paragraph (1), by striking ‘‘a metro-
2 politan area’’ and inserting ‘‘an urbanized area
3 (as defined by the Bureau of the Census)’’; and
4 (B) by adding at the end the following:
5 ‘‘(4) COORDINATION BETWEEN MPOS.—If more
6 than 1 metropolitan planning organization is des-
7 ignated within an urbanized area (as defined by the
8 Bureau of the Census) under subsection (d)(7), the
9 metropolitan planning organizations designated with-
10 in the area shall ensure, to the maximum extent prac-
11 ticable, the consistency of any data used in the plan-
12 ning process, including information used in fore-
13 casting travel demand.
14 ‘‘(5) SAVINGS CLAUSE.—Nothing in this sub-
15 section requires metropolitan planning organizations
16 designated within a single urbanized area to jointly
17 develop planning documents, including a unified
18 long-range transportation plan or unified TIP.’’;
19 (3) in subsection (i)(6), by adding at the end the
20 following:
21 ‘‘(D) USE OF TECHNOLOGY.—A metropoli-
22 tan planning organization may use social media
23 and other web-based tools—
24 ‘‘(i) to further encourage public par-
25 ticipation; and
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1 ‘‘(ii) to solicit public feedback during
2 the transportation planning process.’’; and
3 (4) in subsection (p), by striking ‘‘paragraphs
4 (5)(D) and (6) of section 104(b) of this title’’ and in-
5 serting ‘‘section 104(b)(6)’’.
6 (b) STATEWIDE AND NONMETROPOLITAN TRANSPOR-
7 TATION PLANNING.—Section 135(f)(3) of title 23, United
8 States Code, is amended by adding at the end the following:
9 ‘‘(C) 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 (c) CONFORMING AMENDMENT.—Section 135(i) of title
16 23, United States Code, is amended by striking ‘‘para-
17 graphs (5)(D) and (6) of section 104(b) of this title’’ and
18 inserting ‘‘section 104(b)(6)’’.
19 (d) HOUSING COORDINATION.—Section 134 of title 23,
20 United States Code, is amended—
21 (1) in subsection (a)(1), by inserting ‘‘better con-
22 nect housing and employment,’’ after ‘‘urbanized
23 areas’’;
24 (2) in subsection (g)(3)(A), by inserting ‘‘hous-
25 ing,’’ after ‘‘economic development,’’;
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1 (3) in subsection (h)(1)(E), by inserting ‘‘, hous-
2 ing,’’ after ‘‘growth’’;
3 (4) in subsection (i)—
4 (A) in paragraph (4)(B)—
5 (i) by redesignating clauses (iii)
6 through (vi) as clauses (iv) through (vii),
7 respectively; and
8 (ii) by inserting after clause (ii) the
9 following:
10 ‘‘(iii) assumed distribution of popu-
11 lation and housing;’’; and
12 (B) in paragraph (6)(A), by inserting ‘‘af-
13 fordable housing organizations,’’ after ‘‘dis-
14 abled,’’; and
15 (5) in subsection (k)—
16 (A) by redesignating paragraphs (4) and
17 (5) as paragraphs (5) and (6), respectively; and
18 (B) by inserting after paragraph (3) the fol-
19 lowing:
20 ‘‘(4) HOUSING COORDINATION PROCESS.—
21 ‘‘(A) IN GENERAL.—Within a metropolitan
22 planning area serving a transportation manage-
23 ment area, the transportation planning process
24 under this section may address the integration of
25 housing, transportation, and economic develop-
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1 ment strategies through a process that provides
2 for effective integration, based on a cooperatively
3 developed and implemented strategy, of new and
4 existing transportation facilities eligible for
5 funding under this title and chapter 53 of title
6 49.
7 ‘‘(B) COORDINATION IN INTEGRATED PLAN-
8 NING PROCESS.—In carrying out the process de-
9 scribed in subparagraph (A), a metropolitan
10 planning organization may—
11 ‘‘(i) consult with—
12 ‘‘(I) State and local entities re-
13 sponsible for land use, economic devel-
14 opment, housing, management of road
15 networks, or public transportation; and
16 ‘‘(II) other appropriate public or
17 private entities; and
18 ‘‘(ii) coordinate, to the extent prac-
19 ticable, with applicable State and local en-
20 tities to align the goals of the process with
21 the goals of any comprehensive housing af-
22 fordability strategies established within the
23 metropolitan planning area pursuant to
24 section 105 of the Cranston-Gonzalez Na-
25 tional Affordable Housing Act (42 U.S.C.
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1 12705) and plans developed under section
2 5A of the United States Housing Act of
3 1937 (42 U.S.C. 1437c–1).
4 ‘‘(C) HOUSING COORDINATION PLAN.—
5 ‘‘(i) IN GENERAL.—A metropolitan
6 planning organization serving a transpor-
7 tation management area may develop a
8 housing coordination plan that includes
9 projects and strategies that may be consid-
10 ered in the metropolitan transportation
11 plan of the metropolitan planning organiza-
12 tion.
13 ‘‘(ii) CONTENTS.—A plan described in
14 clause (i) may—
15 ‘‘(I) develop regional goals for the
16 integration of housing, transportation,
17 and economic development strategies
18 to—
19 ‘‘(aa) better connect housing
20 and employment while mitigating
21 commuting times;
22 ‘‘(bb) align transportation
23 improvements with housing needs,
24 such as housing supply shortages,
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1 and proposed housing develop-
2 ment;
3 ‘‘(cc) align planning for
4 housing and transportation to ad-
5 dress needs in relationship to
6 household incomes within the met-
7 ropolitan planning area;
8 ‘‘(dd) expand housing and
9 economic development within the
10 catchment areas of existing trans-
11 portation facilities and public
12 transportation services when ap-
13 propriate, including higher-den-
14 sity development, as locally deter-
15 mined;
16 ‘‘(ee) manage effects of
17 growth of vehicle miles traveled
18 experienced in the metropolitan
19 planning area related to housing
20 development and economic devel-
21 opment;
22 ‘‘(ff) increase share of house-
23 holds with sufficient and afford-
24 able access to the transportation
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1 networks of the metropolitan
2 planning area;
3 ‘‘(II) identify the location of exist-
4 ing and planned housing and employ-
5 ment, and transportation options that
6 connect housing and employment; and
7 ‘‘(III) include a comparison of
8 transportation plans to land use man-
9 agement plans, including zoning plans,
10 that may affect road use, public trans-
11 portation ridership, and housing devel-
12 opment.’’.
13 SEC. 11202. FISCAL CONSTRAINT ON LONG-RANGE TRANS-
14 PORTATION PLANS.
15 Not later than 1 year after the date of enactment of
16 this Act, the Secretary shall amend section
17 450.324(f)(11)(v) of title 23, Code of Federal Regulations,
18 to ensure that the outer years of a metropolitan transpor-
19 tation plan are defined as ‘‘beyond the first 4 years’’.
20 SEC. 11203. STATE HUMAN CAPITAL PLANS.
21 (a) IN GENERAL.—Chapter 1 of title 23, United States
22 Code (as amended by section 11132(a)), is amended by add-
23 ing at the end the following:
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1 ‘‘§ 174. State human capital plans
2 ‘‘(a) IN GENERAL.—Not later than 18 months after the
3 date of enactment of this section, the Secretary shall encour-
4 age each State to develop a voluntary plan, to be known
5 as a ‘human capital plan’, that provides for the immediate
6 and long-term personnel and workforce needs of the State
7 with respect to the capacity of the State to deliver transpor-
8 tation and public infrastructure eligible under this title.
9 ‘‘(b) PLAN CONTENTS.—
10 ‘‘(1) IN GENERAL.—A human capital plan devel-
11 oped by a State under subsection (a) shall, to the
12 maximum extent practicable, take into consider-
13 ation—
14 ‘‘(A) significant transportation workforce
15 trends, needs, issues, and challenges with respect
16 to the State;
17 ‘‘(B) the human capital policies, strategies,
18 and performance measures that will guide the
19 transportation-related workforce investment deci-
20 sions of the State;
21 ‘‘(C) coordination with educational institu-
22 tions, industry, organized labor, workforce
23 boards, and other agencies or organizations to
24 address the human capital transportation needs
25 of the State;
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1 ‘‘(D) a workforce planning strategy that
2 identifies current and future human capital
3 needs, including the knowledge, skills, and abili-
4 ties needed to recruit and retain skilled workers
5 in the transportation industry;
6 ‘‘(E) a human capital management strategy
7 that is aligned with the transportation mission,
8 goals, and organizational objectives of the State;
9 ‘‘(F) an implementation system for work-
10 force goals focused on addressing continuity of
11 leadership and knowledge sharing across the
12 State;
13 ‘‘(G) an implementation system that ad-
14 dresses workforce competency gaps, particularly
15 in mission-critical occupations;
16 ‘‘(H) in the case of public-private partner-
17 ships or other alternative project delivery meth-
18 ods to carry out the transportation program of
19 the State, a description of workforce needs—
20 ‘‘(i) to ensure that the transportation
21 mission, goals, and organizational objectives
22 of the State are fully carried out; and
23 ‘‘(ii) to ensure that procurement meth-
24 ods provide the best public value;
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1 ‘‘(I) a system for analyzing and evaluating
2 the performance of the State department of
3 transportation with respect to all aspects of
4 human capital management policies, programs,
5 and activities; and
6 ‘‘(J) the manner in which the plan will im-
7 prove the ability of the State to meet the na-
8 tional policy in support of performance manage-
9 ment established under section 150.
10 ‘‘(2) PLANNING PERIOD.—If a State develops a
11 human capital plan under subsection (a), the plan
12 shall address a 5-year forecast period.
13 ‘‘(c) PLAN UPDATES.—If a State develops a human
14 capital plan under subsection (a), the State shall update
15 the plan not less frequently than once every 5 years.
16 ‘‘(d) RELATIONSHIP TO LONG-RANGE PLAN.—
17 ‘‘(1) IN GENERAL.—Subject to paragraph (2), a
18 human capital plan developed by a State under sub-
19 section (a) may be developed separately from, or in-
20 corporated into, the long-range statewide transpor-
21 tation plan required under section 135.
22 ‘‘(2) EFFECT OF SECTION.—Nothing in this sec-
23 tion requires a State, or authorizes the Secretary to
24 require a State, to incorporate a human capital plan
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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 11132(b)), is amended by inserting after the item relating
16 to section 173 the following:
‘‘174. State human capital plans.’’.
17 SEC. 11204. PRIORITIZATION PROCESS PILOT PROGRAM.
18 (a) DEFINITIONS.—In this section:
19 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
20 ty’’ means any of the following:
21 (A) A metropolitan planning organization
22 that serves an area with a population of over
23 200,000.
24 (B) A State.
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1 (2) METROPOLITAN PLANNING ORGANIZATION.—
2 The term ‘‘metropolitan planning organization’’ has
3 the meaning given the term in section 134(b) of title
4 23, United States Code.
5 (3) PRIORITIZATION PROCESS PILOT PRO-
6 GRAM.—The term ‘‘prioritization process pilot pro-
7 gram’’ means the pilot program established under
8 subsection (b)(1).
9 (b) ESTABLISHMENT.—
10 (1) IN GENERAL.—The Secretary shall establish
11 and solicit applications for a prioritization process
12 pilot program.
13 (2) PURPOSE.—The purpose of the prioritization
14 process pilot program shall be to support data-driven
15 approaches to planning that, on completion, can be
16 evaluated for public benefit.
17 (c) PILOT PROGRAM ADMINISTRATION.—
18 (1) IN GENERAL.—An eligible entity partici-
19 pating in the prioritization process pilot program
20 shall—
21 (A) use priority objectives that are devel-
22 oped—
23 (i) in the case of an urbanized area
24 with a population of over 200,000, by the
25 metropolitan planning organization that
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1 serves the area, in consultation with the
2 State;
3 (ii) in the case of an urbanized area
4 with a population of 200,000 or fewer, by
5 the State in consultation with all metropoli-
6 tan planning organizations in the State;
7 and
8 (iii) through a public process that pro-
9 vides an opportunity for public input;
10 (B) assess and score projects and strategies
11 on the basis of—
12 (i) the contribution and benefits of the
13 project or strategy to each priority objective
14 developed under subparagraph (A);
15 (ii) the cost of the project or strategy
16 relative to the contribution and benefits as-
17 sessed and scored under clause (i); and
18 (iii) public support;
19 (C) use the scores assigned under subpara-
20 graph (B) to guide project selection in the devel-
21 opment of the transportation plan and transpor-
22 tation improvement program; and
23 (D) ensure that the public—
24 (i) has opportunities to provide public
25 comment on projects before decisions are
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1 made on the transportation plan and the
2 transportation improvement program; and
3 (ii) has access to clear reasons why
4 each project or strategy was selected or not
5 selected.
6 (2) REQUIREMENTS.—An eligible entity that re-
7 ceives a grant under the prioritization process pilot
8 program shall use the funds as described in each of
9 the following, as applicable:
10 (A) METROPOLITAN TRANSPORTATION PLAN-
11 NING.—In the case of a metropolitan planning
12 organization that serves an area with a popu-
13 lation of over 200,000, the entity shall—
14 (i) develop and implement a publicly
15 accessible, transparent prioritization proc-
16 ess for the selection of projects for inclusion
17 on the transportation plan for the metro-
18 politan planning area under section 134(i)
19 of title 23, United States Code, and section
20 5303(i) of title 49, United States Code,
21 which shall—
22 (I) include criteria identified by
23 the metropolitan planning organiza-
24 tion, which may be weighted to reflect
25 the priority objectives developed under
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1 paragraph (1)(A), that the metropoli-
2 tan planning organization has deter-
3 mined support—
4 (aa) factors described in sec-
5 tion 134(h) of title 23, United
6 States Code, and section 5303(h)
7 of title 49, United States Code;
8 (bb) targets for national per-
9 formance measures under section
10 150(b) of title 23, United States
11 Code;
12 (cc) applicable transpor-
13 tation goals in the metropolitan
14 planning area or State set by the
15 applicable transportation agency;
16 and
17 (dd) priority objectives devel-
18 oped under paragraph (1)(A);
19 (II) evaluate the outcomes for each
20 proposed project on the basis of the
21 benefits of the proposed project with re-
22 spect to each of the criteria described
23 in subclause (I) relative to the cost of
24 the proposed project; and
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1 (III) use the evaluation under
2 subclause (II) to create a ranked list of
3 proposed projects; and
4 (ii) with respect to the priority list
5 under section 134(j)(2)(A) of title 23 and
6 section 5303(j)(2)(A) of title 49, United
7 States Code, include projects according to
8 the rank of the project under clause (i)(III),
9 except as provided in subparagraph (D).
10 (B) STATEWIDE TRANSPORTATION PLAN-
11 NING.—In the case of a State, the State shall—
12 (i) develop and implement a publicly
13 accessible, transparent process for the selec-
14 tion of projects for inclusion on the long-
15 range statewide transportation plan under
16 section 135(f) of title 23, United States
17 Code, which shall—
18 (I) include criteria identified by
19 the State, which may be weighted to re-
20 flect statewide priorities, that the State
21 has determined support—
22 (aa) factors described in sec-
23 tion 135(d) of title 23, United
24 States Code, and section 5304(d)
25 of title 49, United States Code;
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1 (bb) national transportation
2 goals under section 150(b) of title
3 23, United States Code;
4 (cc) applicable transpor-
5 tation goals in the State; and
6 (dd) the priority objectives
7 developed under paragraph
8 (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 statewide trans-
19 portation improvement program under sec-
20 tion 135(g) of title 23, United States Code,
21 and section 5304(g) of title 49, United
22 States Code, include projects according to
23 the rank of the project under clause (i)(III),
24 except as provided in subparagraph (D).
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1 (C) ADDITIONAL TRANSPORTATION PLAN-
2 NING.—If the eligible entity has implemented,
3 and has in effect, the requirements under sub-
4 paragraph (A) or (B), as applicable, the eligible
5 entity may use any remaining funds from a
6 grant provided under the pilot program for any
7 transportation planning purpose.
8 (D) EXCEPTIONS TO PRIORITY RANKING.—
9 In the case of any project that the eligible entity
10 chooses to include or not include in the transpor-
11 tation improvement program under section
12 134(j) of title 23, United States Code, or the
13 statewide transportation improvement program
14 under section 135(g) of title 23, United States
15 Code, as applicable, in a manner that is con-
16 trary to the priority ranking for that project es-
17 tablished under subparagraph (A)(i)(III) or
18 (B)(i)(III), the eligible entity shall make publicly
19 available an explanation for the decision, includ-
20 ing—
21 (i) a review of public comments re-
22 garding the project;
23 (ii) an evaluation of public support for
24 the project;
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1 (iii) an assessment of geographic bal-
2 ance of projects of the eligible entity; and
3 (iv) the number of projects of the eligi-
4 ble entity in economically distressed areas.
5 (3) MAXIMUM AMOUNT.—The maximum amount
6 of a grant under the prioritization process pilot pro-
7 gram is $2,000,000.
8 (d) APPLICATIONS.—To be eligible to participate in
9 the prioritization process pilot program, an eligible entity
10 shall submit to the Secretary an application at such time,
11 in such manner, and containing such information as the
12 Secretary may require.
13 SEC. 11205. TRAVEL DEMAND DATA AND MODELING.
14 (a) DEFINITION OF METROPOLITAN PLANNING ORGA-
15 NIZATION.—In this section, the term ‘‘metropolitan plan-
16 ning organization’’ has the meaning given the term in sec-
17 tion 134(b) of title 23, United States Code.
18 (b) STUDY.—
19 (1) IN GENERAL.—Not later than 2 years after
20 the date of enactment of this Act, and not less fre-
21 quently than once every 5 years thereafter, the Sec-
22 retary shall carry out a study that—
23 (A) gathers travel data and travel demand
24 forecasts from a representative sample of States
25 and metropolitan planning organizations;
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1 (B) uses the data and forecasts gathered
2 under subparagraph (A) to compare travel de-
3 mand forecasts with the observed data, includ-
4 ing—
5 (i) traffic counts;
6 (ii) travel mode share and public tran-
7 sit ridership; and
8 (iii) vehicle occupancy measures; and
9 (C) uses the information described in sub-
10 paragraphs (A) and (B)—
11 (i) to develop best practices or guid-
12 ance for States and metropolitan planning
13 organizations to use in forecasting travel
14 demand for future investments in transpor-
15 tation improvements;
16 (ii) to evaluate the impact of transpor-
17 tation investments, including new roadway
18 capacity, on travel behavior and travel de-
19 mand, including public transportation rid-
20 ership, induced highway travel, and conges-
21 tion;
22 (iii) to support more accurate travel
23 demand forecasting by States and metro-
24 politan planning organizations; and
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1 (iv) to enhance the capacity of States
2 and metropolitan planning organizations—
3 (I) to forecast travel demand; and
4 (II) to track observed travel be-
5 havior responses, including induced
6 travel, to changes in transportation ca-
7 pacity, pricing, and land use patterns.
8 (2) SECRETARIAL SUPPORT.—The Secretary
9 shall seek opportunities to support the transportation
10 planning processes under sections 134 and 135 of title
11 23, United States Code, through the provision of data
12 to States and metropolitan planning organizations to
13 improve the quality of plans, models, and forecasts
14 described in this subsection.
15 (3) EVALUATION TOOL.—The Secretary shall de-
16 velop a publicly available multimodal web-based tool
17 for the purpose of enabling States and metropolitan
18 planning organizations to evaluate the effect of invest-
19 ments in highway and public transportation projects
20 on the use and conditions of all transportation assets
21 within the State or area served by the metropolitan
22 planning organization, as applicable.
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1 SEC. 11206. INCREASING SAFE AND ACCESSIBLE TRANSPOR-
2 TATION OPTIONS.
3 (a) DEFINITION OF COMPLETE STREETS STANDARDS
4 OR POLICIES.—In this section, the term ‘‘Complete Streets
5 standards or policies’’ means standards or policies that en-
6 sure the safe and adequate accommodation of all users of
7 the transportation system, including pedestrians, bicyclists,
8 public transportation users, children, older individuals, in-
9 dividuals with disabilities, motorists, and freight 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 activities
13 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 Code;
17 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 States
22 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 ages
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1 and abilities, which, if permissible under applicable State
2 and local laws, may include—
3 (1) adoption of Complete Streets standards or
4 policies;
5 (2) development of a Complete Streets
6 prioritization plan that identifies a specific list of
7 Complete Streets projects to improve the safety, mobil-
8 ity, or accessibility of a street;
9 (3) development of transportation plans—
10 (A) to create a network of active transpor-
11 tation facilities, including sidewalks, bikeways,
12 or pedestrian and bicycle trails, to connect
13 neighborhoods with destinations such as work-
14 places, schools, residences, businesses, recreation
15 areas, healthcare and child care services, or other
16 community activity centers;
17 (B) to integrate active transportation facili-
18 ties with public transportation service or im-
19 prove access to public transportation;
20 (C) to create multiuse active transportation
21 infrastructure facilities, including bikeways or
22 pedestrian and bicycle trails, that make connec-
23 tions within or between communities;
24 (D) to increase public transportation rider-
25 ship; and
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1 (E) to improve the safety of bicyclists and
2 pedestrians;
3 (4) regional and megaregional planning to ad-
4 dress travel demand and capacity constraints through
5 alternatives to new highway capacity, including
6 through intercity passenger rail; and
7 (5) development of transportation plans and
8 policies that support transit-oriented development.
9 (d) FEDERAL SHARE.—The Federal share of the cost
10 of an activity carried out under this section shall be 80
11 percent, unless the Secretary determines that the interests
12 of the Federal-aid highway program would be best served
13 by decreasing or eliminating the non-Federal share.
14 (e) STATE FLEXIBILITY.—A State or metropolitan
15 planning organization, with the approval of the Secretary,
16 may opt out of the requirements of this section if the State
17 or metropolitan planning organization demonstrates to the
18 Secretary, by not later than 30 days before the Secretary
19 apportions funds for a fiscal year under section 104, that
20 the State or metropolitan planning organization—
21 (1) has Complete Streets standards and policies
22 in place; and
23 (2) has developed an up-to-date Complete Streets
24 prioritization plan as described in subsection (c)(2).
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1 Subtitle C—Project Delivery and
2 Process Improvement
3 SEC. 11301. CODIFICATION OF ONE FEDERAL DECISION.
4 (a) IN GENERAL.—Section 139 of title 23, United
5 States Code, is amended—
6 (1) in the section heading, by striking ‘‘deci-
7 sionmaking’’ and inserting ‘‘decisionmaking
8 and One Federal Decision’’;
9 (2) in subsection (a)—
10 (A) by redesignating paragraphs (2)
11 through (8) as paragraphs (4), (5), (6), (8), (9),
12 (10), and (11), respectively;
13 (B) by inserting after paragraph (1) the fol-
14 lowing:
15 ‘‘(2) AUTHORIZATION.—The term ‘authorization’
16 means any environmental license, permit, approval,
17 finding, or other administrative decision related to
18 the environmental review process that is required
19 under Federal law to site, construct, or reconstruct a
20 project.
21 ‘‘(3) ENVIRONMENTAL DOCUMENT.—The term
22 ‘environmental document’ includes an environmental
23 assessment, finding of no significant impact, notice of
24 intent, environmental impact statement, or record of
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1 decision under the National Environmental Policy
2 Act of 1969 (42 U.S.C. 4321 et seq.).’’;
3 (C) in subparagraph (B) of paragraph (5)
4 (as so redesignated), by striking ‘‘process for and
5 completion of any environmental permit’’ and
6 inserting ‘‘process and schedule, including a
7 timetable for and completion of any environ-
8 mental permit’’; and
9 (D) by inserting after paragraph (6) (as so
10 redesignated) the following:
11 ‘‘(7) MAJOR PROJECT.—
12 ‘‘(A) IN GENERAL.—The term ‘major
13 project’ means a project for which—
14 ‘‘(i) multiple permits, approvals, re-
15 views, or studies are required under a Fed-
16 eral law other than the National Environ-
17 mental Policy Act of 1969 (42 U.S.C. 4321
18 et seq.);
19 ‘‘(ii) the project sponsor has identified
20 the reasonable availability of funds suffi-
21 cient to complete the project;
22 ‘‘(iii) the project is not a covered
23 project (as defined in section 41001 of the
24 FAST Act (42 U.S.C. 4370m)); and
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1 ‘‘(iv)(I) the head of the lead agency has
2 determined that an environmental impact
3 statement is required; or
4 ‘‘(II) the head of the lead agency has
5 determined that an environmental assess-
6 ment is required, and the project sponsor re-
7 quests that the project be treated as a major
8 project.
9 ‘‘(B) CLARIFICATION.—In this section, the
10 term ‘major project’ does not have the same
11 meaning as the term ‘major project’ as described
12 in section 106(h).’’;
13 (3) in subsection (b)(1)—
14 (A) by inserting ‘‘, including major
15 projects,’’ after ‘‘all projects’’; and
16 (B) by inserting ‘‘as requested by a project
17 sponsor and’’ after ‘‘applied,’’;
18 (4) in subsection (c)—
19 (A) in paragraph (6)—
20 (i) in subparagraph (B), by striking
21 ‘‘and’’ at the end;
22 (ii) in subparagraph (C), by striking
23 the period at the end and inserting ‘‘; and’’;
24 and
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1 (iii) by adding at the end the fol-
2 lowing:
3 ‘‘(D) to calculate annually the average time
4 taken by the lead agency to complete all environ-
5 mental documents for each project during the
6 previous fiscal year.’’; and
7 (B) by adding at the end the following:
8 ‘‘(7) PROCESS IMPROVEMENTS FOR PROJECTS.—
9 ‘‘(A) IN GENERAL.—The Secretary shall re-
10 view—
11 ‘‘(i) existing practices, procedures,
12 rules, regulations, and applicable laws to
13 identify impediments to meeting the re-
14 quirements applicable to projects under this
15 section; and
16 ‘‘(ii) best practices, programmatic
17 agreements, and potential changes to inter-
18 nal departmental procedures that would fa-
19 cilitate an efficient environmental review
20 process for projects.
21 ‘‘(B) CONSULTATION.—In conducting the
22 review under subparagraph (A), the Secretary
23 shall consult, as appropriate, with the heads of
24 other Federal agencies that participate in the en-
25 vironmental review process.
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1 ‘‘(C) REPORT.—Not later than 2 years after
2 the date of enactment of the Surface Transpor-
3 tation Reauthorization Act of 2021, the Sec-
4 retary shall submit to the Committee on Envi-
5 ronment and Public Works of the Senate and the
6 Committee on Transportation and Infrastructure
7 of the House of Representatives a report that in-
8 cludes—
9 ‘‘(i) the results of the review under sub-
10 paragraph (A); and
11 ‘‘(ii) an analysis of whether additional
12 funding would help the Secretary meet the
13 requirements applicable to projects under
14 this section.’’;
15 (5) in subsection (d)—
16 (A) in paragraph (8)—
17 (i) in the paragraph heading, by strik-
18 ing ‘‘NEPA’’ and inserting ‘‘ENVIRON-
19 MENTAL’’;
20 (ii) in subparagraph (A)—
21 (I) by inserting ‘‘and except as
22 provided in subparagraph (D)’’ after
23 ‘‘paragraph (7)’’;
24 (II) by striking ‘‘permits’’ and in-
25 serting ‘‘authorizations’’; and
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1 (III) by striking ‘‘single environ-
2 ment document’’ and inserting ‘‘single
3 environmental document for each kind
4 of environmental document’’;
5 (iii) in subparagraph (B)(i)—
6 (I) by striking ‘‘an environmental
7 document’’ and inserting ‘‘environ-
8 mental documents’’; and
9 (II) by striking ‘‘permits issued’’
10 and inserting ‘‘authorizations’’; and
11 (iv) by adding at the end the following:
12 ‘‘(D) EXCEPTIONS.—The lead agency may
13 waive the application of subparagraph (A) with
14 respect to a project if—
15 ‘‘(i) the project sponsor requests that
16 agencies issue separate environmental docu-
17 ments;
18 ‘‘(ii) the obligations of a cooperating
19 agency or participating agency under the
20 National Environmental Policy Act of 1969
21 (42 U.S.C. 4321 et seq.) have already been
22 satisfied with respect to the project; or
23 ‘‘(iii) the lead agency determines that
24 reliance on a single environmental docu-
25 ment (as described in subparagraph (A))
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1 would not facilitate timely completion of the
2 environmental review process for the
3 project.’’; and
4 (B) by adding at the end the following:
5 ‘‘(10) TIMELY AUTHORIZATIONS FOR MAJOR
6 PROJECTS.—
7 ‘‘(A) DEADLINE.—Except as provided in
8 subparagraph (C), all authorization decisions
9 necessary for the construction of a major project
10 shall be completed by not later than 90 days
11 after the date of the issuance of a record of deci-
12 sion for the major project.
13 ‘‘(B) DETAIL.—The final environmental
14 impact statement for a major project shall in-
15 clude an adequate level of detail to inform deci-
16 sions necessary for the role of the participating
17 agencies and cooperating agencies in the envi-
18 ronmental review process.
19 ‘‘(C) EXTENSION OF DEADLINE.—The head
20 of the lead agency may extend the deadline under
21 subparagraph (A) if—
22 ‘‘(i) Federal law prohibits the lead
23 agency or another agency from issuing an
24 approval or permit within the period de-
25 scribed in that subparagraph;
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1 ‘‘(ii) the project sponsor requests that
2 the permit or approval follow a different
3 timeline; or
4 ‘‘(iii) an extension would facilitate
5 completion of the environmental review and
6 authorization process of the major 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 following:
17 ‘‘(iii) MAJOR PROJECT SCHEDULE.—
18 To the maximum extent practicable and
19 consistent with applicable Federal law, in
20 the case of a major project, the lead agency
21 shall develop, in concurrence with the
22 project sponsor, a schedule for the major
23 project that is consistent with an agency av-
24 erage of not more than 2 years for the com-
25 pletion of the environmental review process
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1 for major projects, as measured from, as ap-
2 plicable—
3 ‘‘(I) the date of publication of a
4 notice of intent to prepare an environ-
5 mental impact statement to the record
6 of decision; or
7 ‘‘(II) the date on which the head
8 of the lead agency determines that an
9 environmental assessment is required
10 to a finding of no significant impact.’’;
11 (B) by striking subparagraph (D) and in-
12 serting the following:
13 ‘‘(D) MODIFICATION.—
14 ‘‘(i) IN GENERAL.—Except as provided
15 in clause (ii), the lead agency may lengthen
16 or shorten a schedule established under sub-
17 paragraph (B) for good cause.
18 ‘‘(ii) EXCEPTIONS.—
19 ‘‘(I) MAJOR PROJECTS.—In the
20 case of a major project, the lead agency
21 may lengthen a schedule under clause
22 (i) for a cooperating Federal agency by
23 not more than 1 year after the latest
24 deadline established for the major
25 project by the lead agency.
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1 ‘‘(II) SHORTENED SCHEDULES.—
2 The lead agency may not shorten a
3 schedule under clause (i) if doing so
4 would impair the ability of a cooper-
5 ating Federal agency to conduct nec-
6 essary analyses or otherwise carry out
7 relevant obligations of the Federal
8 agency for the project.’’;
9 (C) by redesignating subparagraph (E) as
10 subparagraph (F); and
11 (D) by inserting after subparagraph (D) the
12 following:
13 ‘‘(E) FAILURE TO MEET DEADLINE.—If a
14 cooperating Federal agency fails to meet a dead-
15 line established under subparagraph (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 on
22 Environment and Public Works of the
23 Senate and the Committee on Trans-
24 portation and Infrastructure of the
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1 House of Representatives a copy of the
2 report under clause (i); and
3 ‘‘(II) make the report under clause
4 (i) publicly available on the internet.’’;
5 (7) in subsection (n), by adding at the end the
6 following:
7 ‘‘(3) LENGTH OF ENVIRONMENTAL DOCUMENT.—
8 ‘‘(A) IN GENERAL.—Notwithstanding any
9 other provision of law and except as provided in
10 subparagraph (B), to the maximum extent prac-
11 ticable, the text of the items described in para-
12 graphs (4) through (6) of section 1502.10(a) of
13 title 40, Code of Federal Regulations (or suc-
14 cessor regulations), of an environmental impact
15 statement for a project shall be 200 pages or
16 fewer.
17 ‘‘(B) EXEMPTION.—An environmental im-
18 pact statement for a project may exceed 200
19 pages, if the lead agency establishes a new page
20 limit for the environmental impact statement for
21 that project.’’; and
22 (8) by adding at the end the following:
23 ‘‘(p) ACCOUNTABILITY AND REPORTING FOR MAJOR
24 PROJECTS.—
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1 ‘‘(1) IN GENERAL.—The Secretary shall establish
2 a performance accountability system to track each
3 major project.
4 ‘‘(2) REQUIREMENTS.—The performance ac-
5 countability system under paragraph (1) shall, for
6 each major project, track, at a minimum—
7 ‘‘(A) the environmental review process for
8 the major project, including the project schedule;
9 ‘‘(B) whether the lead agency, cooperating
10 agencies, and participating agencies are meeting
11 the schedule established for the environmental re-
12 view process; and
13 ‘‘(C) the time taken to complete the environ-
14 mental review process.
15 ‘‘(q) DEVELOPMENT OF CATEGORICAL EXCLUSIONS.—
16 ‘‘(1) IN GENERAL.—Not later than 60 days after
17 the date of enactment of this subsection, and every 4
18 years thereafter, the Secretary shall—
19 ‘‘(A) in consultation with the agencies de-
20 scribed in paragraph (2), identify the categorical
21 exclusions described in section 771.117 of title
22 23, Code of Federal Regulations (or successor
23 regulations), that would accelerate delivery of a
24 project if those categorical exclusions were avail-
25 able to those agencies;
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1 ‘‘(B) collect existing documentation and
2 substantiating information on the categorical ex-
3 clusions described in subparagraph (A); and
4 ‘‘(C) provide to each agency described in
5 paragraph (2)—
6 ‘‘(i) a list of the categorical exclusions
7 identified under subparagraph (A); and
8 ‘‘(ii) the documentation and substan-
9 tiating information under subparagraph
10 (B).
11 ‘‘(2) AGENCIES DESCRIBED.—The agencies re-
12 ferred to in paragraph (1) are—
13 ‘‘(A) the Department of the Interior;
14 ‘‘(B) the Department of the Army;
15 ‘‘(C) the Department of Commerce;
16 ‘‘(D) the Department of Agriculture;
17 ‘‘(E) the Department of Energy;
18 ‘‘(F) the Department of Defense; and
19 ‘‘(G) any other Federal agency that has
20 participated in an environmental review process
21 for a project, as determined by the Secretary.
22 ‘‘(3) ADOPTION OF CATEGORICAL EXCLUSIONS.—
23 ‘‘(A) IN GENERAL.—Not later than 1 year
24 after the date on which the Secretary provides a
25 list under paragraph (1)(C), an agency described
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1 in paragraph (2) shall publish a notice of pro-
2 posed rulemaking to propose any categorical ex-
3 clusions from the list applicable to the agency,
4 subject to the condition that the categorical ex-
5 clusion identified under paragraph (1)(A) meets
6 the criteria for a categorical exclusion under sec-
7 tion 1508.1 of title 40, Code of Federal Regula-
8 tions (or successor regulations).
9 ‘‘(B) PUBLIC COMMENT.—In a notice of
10 proposed rulemaking under subparagraph (A),
11 the applicable agency may solicit comments on
12 whether any of the proposed new categorical ex-
13 clusions meet the criteria for a categorical exclu-
14 sion under section 1508.1 of title 40, Code of
15 Federal Regulations (or successor regulations).’’.
16 (b) CLERICAL AMENDMENT.—The analysis for chapter
17 1 of title 23, United States Code, is amended by striking
18 the item relating to section 139 and inserting the following:
‘‘139. Efficient environmental reviews for project decisionmaking and One Federal
Decision.’’.
19 SEC. 11302. WORK ZONE PROCESS REVIEWS.
20 The Secretary shall amend section 630.1008(e) of title
21 23, Code of Federal Regulations, to ensure that the work
22 zone process review under that subsection is required not
23 more frequently than once every 5 years.
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1 SEC. 11303. TRANSPORTATION MANAGEMENT PLANS.
2 (a) IN GENERAL.—The Secretary shall amend section
3 630.1010(c) of title 23, Code of Federal Regulations, to en-
4 sure that only a project described in that subsection with
5 a lane closure for 3 or more consecutive days shall be con-
6 sidered to be a significant project for purposes of that sec-
7 tion.
8 (b) NON-INTERSTATE PROJECTS.—Notwithstanding
9 any other provision of law, a State shall not be required
10 to develop or implement a transportation management plan
11 (as described in section 630.1012 of title 23, Code of Federal
12 Regulations (or successor regulations)) for a highway
13 project not on the Interstate System if the project requires
14 not more than 3 consecutive days of lane closures.
15 SEC. 11304. INTELLIGENT TRANSPORTATION SYSTEMS.
16 (a) IN GENERAL.—The Secretary shall develop guid-
17 ance for using existing flexibilities with respect to the sys-
18 tems engineering analysis described in part 940 of title 23,
19 Code of Federal Regulations (or successor regulations).
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, with
24 a goal of minimizing unnecessary delay or paperwork
25 burden;
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1 (2) is consistently implemented by the Depart-
2 ment nationwide; and
3 (3) is disseminated to Federal-aid recipients.
4 (c) SAVINGS PROVISION.—Nothing in this section pre-
5 vents the Secretary from amending part 940 of title 23,
6 Code of Federal Regulations (or successor regulations), to
7 reduce State administrative burdens.
8 SEC. 11305. ALTERNATIVE CONTRACTING METHODS.
9 (a) ALTERNATIVE CONTRACTING METHODS FOR FED-
10 ERAL LAND MANAGEMENT AGENCIES AND TRIBAL GOVERN-
11 MENTS.—Section 201 of title 23, United States Code, is
12 amended by adding at the end the following:
13 ‘‘(f) ALTERNATIVE CONTRACTING METHODS.—
14 ‘‘(1) IN GENERAL.—Notwithstanding any other
15 provision of law (including the Federal Acquisition
16 Regulation), a contracting method available to a
17 State under this title may be used by the Secretary,
18 on behalf of—
19 ‘‘(A) a Federal land management agency,
20 in using any funds pursuant to section 203, 204,
21 or 308;
22 ‘‘(B) a Federal land management agency,
23 in using any funds pursuant to section 1535 of
24 title 31 for any of the eligible uses described in
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1 sections 203(a)(1) and 204(a)(1) and paragraphs
2 (1) and (2) of section 308(a); or
3 ‘‘(C) a Tribal government, in using funds
4 pursuant to section 202(b)(7)(D).
5 ‘‘(2) METHODS DESCRIBED.—The contracting
6 methods referred to in paragraph (1) shall include, at
7 a minimum—
8 ‘‘(A) project bundling;
9 ‘‘(B) bridge bundling;
10 ‘‘(C) design-build contracting;
11 ‘‘(D) 2-phase contracting;
12 ‘‘(E) long-term concession agreements; and
13 ‘‘(F) any method tested, or that could be
14 tested, under an experimental program relating
15 to contracting methods carried out by the Sec-
16 retary.
17 ‘‘(3) EFFECT.—Nothing in this subsection—
18 ‘‘(A) affects the application of the Federal
19 share for the project carried out with a con-
20 tracting method under this subsection; or
21 ‘‘(B) modifies the point of obligation of Fed-
22 eral salaries and expenses.’’.
23 (b) COOPERATION WITH FEDERAL AND STATE AGEN-
24 CIES AND FOREIGN COUNTRIES.—Section 308(a) of title 23,
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1 United States Code, is amended by adding at the end the
2 following:
3 ‘‘(4) ALTERNATIVE CONTRACTING METHODS.—
4 ‘‘(A) IN GENERAL.—Notwithstanding any
5 other provision of law (including the Federal Ac-
6 quisition Regulation), in performing services
7 under paragraph (1), the Secretary may use any
8 contracting method available to a State under
9 this title.
10 ‘‘(B) METHODS DESCRIBED.—The con-
11 tracting methods referred to in subparagraph (A)
12 shall include, at a minimum—
13 ‘‘(i) project bundling;
14 ‘‘(ii) bridge bundling;
15 ‘‘(iii) design-build contracting;
16 ‘‘(iv) 2-phase contracting;
17 ‘‘(v) long-term concession agreements;
18 and
19 ‘‘(vi) any method tested, or that could
20 be tested, under an experimental program
21 relating to contracting methods carried out
22 by the Secretary.’’.
23 (c) USE OF ALTERNATIVE CONTRACTING METHODS.—
24 In carrying out an alternative contracting method under
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1 section 201(f) or 308(a)(4) of title 23, United States Code,
2 the Secretary shall—
3 (1) in consultation with the applicable Federal
4 land management agencies, establish clear procedures
5 that are—
6 (A) applicable to the alternative contracting
7 method; and
8 (B) to the maximum extent practicable,
9 consistent with the requirements applicable to
10 Federal procurement transactions;
11 (2) solicit input on the use of the alternative con-
12 tracting method from the affected industry prior to
13 using the method; and
14 (3) analyze and prepare an evaluation of the use
15 of the alternative contracting method.
16 SEC. 11306. FLEXIBILITY FOR PROJECTS.
17 Section 1420 of the FAST Act (23 U.S.C. 101 note;
18 Public Law 114–94) is amended—
19 (1) in subsection (a), by striking ‘‘and on request
20 by a State, the Secretary may’’ in the matter pre-
21 ceding paragraph (1) and all that follows through the
22 period at the end of paragraph (2) and inserting the
23 following: ‘‘, on request by a State, and if in the pub-
24 lic interest (as determined by the Secretary), the Sec-
25 retary shall exercise all existing flexibilities under—
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1 ‘‘(1) the requirements of title 23, United States
2 Code; and
3 ‘‘(2) other requirements administered by the Sec-
4 retary, in whole or in part.’’; and
5 (2) in subsection (b)(2)(A), by inserting ‘‘(in-
6 cluding regulations)’’ after ‘‘environmental law’’.
7 SEC. 11307. IMPROVED FEDERAL-STATE STEWARDSHIP AND
8 OVERSIGHT AGREEMENTS.
9 (a) DEFINITION OF TEMPLATE.—In this section, the
10 term ‘‘template’’ means a template created by the Secretary
11 for Federal-State stewardship and oversight agreements
12 that—
13 (1) includes all standard terms found in stew-
14 ardship and oversight agreements, including any
15 terms in an attachment to the agreement;
16 (2) is developed in accordance with section 106
17 of title 23, United States Code, or any other applica-
18 ble authority; and
19 (3) may be developed with consideration of rel-
20 evant regulations, guidance, or policies.
21 (b) REQUEST FOR COMMENT.—
22 (1) IN GENERAL.—Not later than 60 days after
23 the date of enactment of this Act, the Secretary shall
24 publish in the Federal Register the template and a
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1 notice requesting public comment on ways to improve
2 the template.
3 (2) COMMENT PERIOD.—The Secretary shall pro-
4 vide a period of not less than 60 days for public com-
5 ment 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 ac-
14 tions, if Federal law (including regulations) does
15 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 de-
22 termines to be appropriate.
23 (c) NOTICE OF ACTION; UPDATES.—
24 (1) IN GENERAL.—Not later than 1 year after
25 the date of enactment of this Act, after considering the
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1 comments received in response to the Federal Register
2 notice under subsection (b), the Secretary shall pub-
3 lish in the Federal Register a notice that—
4 (A) describes any proposed changes to be
5 made, and any alternatives to such changes, to
6 the template;
7 (B) addresses comments in response to
8 which changes were not made to the template;
9 and
10 (C) prescribes a schedule and a plan to exe-
11 cute a process for implementing the changes re-
12 ferred to in subparagraph (A).
13 (2) APPROVAL REQUIREMENTS.—In addressing
14 comments under paragraph (1)(B), the Secretary
15 shall include an explanation of the basis for retaining
16 any requirement for approval of State policies, proce-
17 dures, processes, or manuals, or other State actions,
18 if Federal law (including regulations) does not spe-
19 cifically require the approval.
20 (3) IMPLEMENTATION.—
21 (A) IN GENERAL.—Not later than 60 days
22 after the date on which the notice under para-
23 graph (1) is published, the Secretary shall make
24 changes to the template in accordance with—
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1 (i) the changes described in the notice
2 under paragraph (1)(A); and
3 (ii) the schedule and plan described in
4 the notice under paragraph (1)(C).
5 (B) UPDATES.—Not later than 1 year after
6 the date on which the revised template under
7 subparagraph (A) is published, the Secretary
8 shall update existing agreements with States ac-
9 cording to the template updated under subpara-
10 graph (A).
11 (d) INCLUSION OF NON-STANDARD TERMS.—Nothing
12 in this section precludes the inclusion in a Federal-State
13 stewardship and oversight agreement of non-standard terms
14 to address a State-specific matter, including risk-based
15 stewardship and Department oversight involvement in indi-
16 vidual projects of division interest.
17 (e) COMPLIANCE WITH NON-STATUTORY TERMS.—
18 (1) IN GENERAL.—The Secretary shall not en-
19 force or otherwise require a State to comply with ap-
20 proval requirements that are not required by Federal
21 law (including regulations) in a Federal-State stew-
22 ardship and oversight agreement.
23 (2) APPROVAL AUTHORITY.—Notwithstanding
24 any other provision of law, the Secretary shall not as-
25 sert approval authority over any matter in a Federal-
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1 State stewardship and oversight agreement reserved to
2 States.
3 (f) FREQUENCY OF REVIEWS.—Section 106(g)(3) of
4 title 23, United States Code, is amended—
5 (1) by striking ‘‘annual’’;
6 (2) by striking ‘‘The Secretary’’ and inserting
7 the following:
8 ‘‘(A) IN GENERAL.—The Secretary’’; and
9 (3) by adding at the end the following:
10 ‘‘(B) FREQUENCY.—
11 ‘‘(i) IN GENERAL.—Except as provided
12 in clauses (ii) and (iii), the Secretary shall
13 carry out a review under subparagraph (A)
14 not less frequently than once every 2 years.
15 ‘‘(ii) CONSULTATION WITH STATE.—
16 The Secretary, after consultation with a
17 State, may make a determination to carry
18 out a review under subparagraph (A) for
19 that State less frequently than provided
20 under clause (i).
21 ‘‘(iii) CAUSE.—If the Secretary deter-
22 mines that there is a specific reason to re-
23 quire a review more frequently than pro-
24 vided under clause (i) with respect to a
25 State, the Secretary may carry out a review
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1 more frequently than provided under that
2 clause.’’.
3 SEC. 11308. GEOMATIC DATA.
4 (a) IN GENERAL.—The Secretary shall develop guid-
5 ance for the acceptance and use of information obtained
6 from a non-Federal entity through geomatic techniques, in-
7 cluding remote sensing and land surveying, cartography,
8 geographic information systems, global navigation satellite
9 systems, photogrammetry, or other remote means.
10 (b) CONSIDERATIONS.—In carrying out this section,
11 the Secretary shall ensure that acceptance or use of infor-
12 mation described in subsection (a) meets the data quality
13 and operational requirements of the Secretary.
14 (c) PUBLIC COMMENT.—Before issuing any final guid-
15 ance under subsection (a), the Secretary shall provide to
16 the public—
17 (1) notice of the proposed guidance; and
18 (2) an opportunity to comment on the proposed
19 guidance.
20 (d) SAVINGS CLAUSE.—Nothing in this section—
21 (1) requires the Secretary to accept or use infor-
22 mation that the Secretary determines does not meet
23 the guidance developed under this section; or
24 (2) changes the current statutory or regulatory
25 requirements of the Department.
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1 SEC. 11309. EVALUATION OF PROJECTS WITHIN AN OPER-
2 ATIONAL RIGHT-OF-WAY.
3 (a) IN GENERAL.—Chapter 3 of title 23, United States
4 Code, is amended by adding at the end the following:
5 ‘‘§ 331. Evaluation of projects within an operational
6 right-of-way
7 ‘‘(a) DEFINITIONS.—
8 ‘‘(1) ELIGIBLE PROJECT OR ACTIVITY.—
9 ‘‘(A) IN GENERAL.—In this section, the
10 term ‘eligible project or activity’ means a project
11 or activity within an existing operational right-
12 of-way (as defined in section 771.117(c)(22) of
13 title 23, Code of Federal Regulations (or suc-
14 cessor regulations))—
15 ‘‘(i)(I) eligible for assistance under this
16 title; or
17 ‘‘(II) administered as if made avail-
18 able under this title;
19 ‘‘(ii) that is—
20 ‘‘(I) a preventive maintenance,
21 preservation, or highway safety im-
22 provement project (as defined in sec-
23 tion 148(a)); or
24 ‘‘(II) a new turn lane that the
25 State advises in writing to the Sec-
26 retary would assist public safety; and
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1 ‘‘(iii) that—
2 ‘‘(I) is classified as a categorical
3 exclusion under section 771.117 of title
4 23, Code of Federal Regulations (or
5 successor regulations); or
6 ‘‘(II) if the project or activity does
7 not receive assistance described in
8 clause (i) would be considered a cat-
9 egorical exclusion if the project or ac-
10 tivity received assistance described in
11 clause (i).
12 ‘‘(B) EXCLUSION.—The term ‘eligible
13 project or activity’ does not include a project to
14 create a new travel lane.
15 ‘‘(2) PRELIMINARY EVALUATION.—The term ‘pre-
16 liminary evaluation’, with respect to an application
17 described in subsection (b)(1), means an evaluation
18 that is customary or practicable for the relevant agen-
19 cy to complete within a 45-day period for similar ap-
20 plications.
21 ‘‘(3) RELEVANT AGENCY.—The term ‘relevant
22 agency’ means a Federal agency, other than the Fed-
23 eral Highway Administration, with responsibility for
24 review of an application from a State for a permit,
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1 approval, or jurisdictional determination for an eligi-
2 ble project or activity.
3 ‘‘(b) ACTION REQUIRED.—
4 ‘‘(1) IN GENERAL.—Subject to paragraph (2),
5 not later than 45 days after the date of receipt of an
6 application by a State for a permit, approval, or ju-
7 risdictional determination for an eligible project or
8 activity, the head of the relevant agency shall—
9 ‘‘(A) make at least a preliminary evalua-
10 tion of the application; and
11 ‘‘(B) notify the State of the results of the
12 preliminary evaluation under subparagraph (A).
13 ‘‘(2) EXTENSION.—The head of the relevant
14 agency may extend the review period under para-
15 graph (1) by not more than 30 days if the head of
16 the relevant agency provides to the State written no-
17 tice that includes an explanation of the need for the
18 extension.
19 ‘‘(3) FAILURE TO ACT.—If the head of the rel-
20 evant agency fails to meet a deadline under para-
21 graph (1) or (2), as applicable, the head of the rel-
22 evant agency shall—
23 ‘‘(A) not later than 30 days after the date
24 of the missed deadline, submit to the State, the
25 Committee on Environment and Public Works of
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1 the Senate, and the Committee on Transpor-
2 tation and Infrastructure of the House of Rep-
3 resentatives a report that describes why the dead-
4 line was missed; and
5 ‘‘(B) not later than 14 days after the date
6 on which a report is submitted under subpara-
7 graph (A), make publicly available, including on
8 the internet, a copy of that report.’’.
9 (b) CLERICAL AMENDMENT.—The analysis for chapter
10 3 of title 23, United States Code, is amended by adding
11 at the end the following:
‘‘331. Evaluation of projects within an operational right-of-way.’’.
12 SEC. 11310. PRELIMINARY ENGINEERING.
13 (a) IN GENERAL.—Section 102 of title 23, United
14 States Code, is amended—
15 (1) by striking subsection (b); and
16 (2) in subsection (a), in the second sentence, by
17 striking ‘‘Nothing in this subsection’’ and inserting
18 the following:
19 ‘‘(b) SAVINGS PROVISION.—Nothing in this section’’.
20 (b) CONFORMING AMENDMENT.—Section 144(j) of title
21 23, United States Code, is amended by striking paragraph
22 (6).
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1 SEC. 11311. EFFICIENT IMPLEMENTATION OF NEPA FOR
2 FEDERAL LAND MANAGEMENT PROJECTS.
3 Section 203 of title 23, United States Code, is amended
4 by adding at the end the following:
5 ‘‘(e) EFFICIENT IMPLEMENTATION OF NEPA.—
6 ‘‘(1) DEFINITIONS.—In this subsection:
7 ‘‘(A) ENVIRONMENTAL DOCUMENT.—The
8 term ‘environmental document’ means an envi-
9 ronmental impact statement, environmental as-
10 sessment, categorical exclusion, or other docu-
11 ment prepared under the National Environ-
12 mental Policy Act of 1969 (42 U.S.C. 4321 et
13 seq.).
14 ‘‘(B) PROJECT.—The term ‘project’ means a
15 highway project, public transportation capital
16 project, or multimodal project that—
17 ‘‘(i) receives funds under this title; and
18 ‘‘(ii) is authorized under this section or
19 section 204.
20 ‘‘(C) PROJECT SPONSOR.—The term ‘project
21 sponsor’ means the Federal land management
22 agency that seeks or receives funds under this
23 title for a project.
24 ‘‘(2) ENVIRONMENTAL REVIEW TO BE COM-
25 PLETED BY FEDERAL HIGHWAY ADMINISTRATION.—
26 The Federal Highway Administration may prepare
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1 an environmental document pursuant to the imple-
2 menting procedures of the Federal Highway Adminis-
3 tration to comply with the requirements of the Na-
4 tional Environmental Policy Act of 1969 (42 U.S.C.
5 4321 et seq.) if—
6 ‘‘(A) requested by a project sponsor; and
7 ‘‘(B) all areas of analysis required by the
8 project sponsor can be addressed.
9 ‘‘(3) FEDERAL LAND MANAGEMENT AGENCIES
10 ADOPTION OF EXISTING ENVIRONMENTAL REVIEW
11 DOCUMENTS.—
12 ‘‘(A) IN GENERAL.—To the maximum ex-
13 tent practicable, if the Federal Highway Admin-
14 istration prepares an environmental document
15 pursuant to paragraph (2), that environmental
16 document shall address all areas of analysis re-
17 quired by a Federal land management agency.
18 ‘‘(B) INDEPENDENT EVALUATION.—Notwith-
19 standing any other provision of law, a Federal
20 land management agency shall not be required to
21 conduct an independent evaluation to determine
22 the adequacy of an environmental document pre-
23 pared by the Federal Highway Administration
24 pursuant to paragraph (2).
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1 ‘‘(C) USE OF SAME DOCUMENT.—In author-
2 izing or implementing a project, a Federal land
3 management agency may use an environmental
4 document previously prepared by the Federal
5 Highway Administration for a project address-
6 ing the same or substantially the same action to
7 the same extent that the Federal land manage-
8 ment agency could adopt or use a document pre-
9 viously prepared by another Federal agency.
10 ‘‘(4) APPLICATION BY FEDERAL LAND MANAGE-
11 MENT AGENCIES OF CATEGORICAL EXCLUSIONS ES-
12 TABLISHED BY FEDERAL HIGHWAY ADMINISTRA-
13 TION.—In carrying out requirements under the Na-
14 tional Environmental Policy Act of 1969 (42 U.S.C.
15 4321 et seq.) for a project, the project sponsor may
16 use categorical exclusions designated under that Act
17 in the implementing regulations of the Federal High-
18 way Administration, subject to the conditions that—
19 ‘‘(A) the project sponsor makes a determina-
20 tion, in consultation with the Federal Highway
21 Administration, that the categorical exclusion
22 applies to the project;
23 ‘‘(B) the project satisfies the conditions for
24 a categorical exclusion under the National Envi-
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1 ronmental Policy Act of 1969 (42 U.S.C. 4321 et
2 seq.); and
3 ‘‘(C) the use of the categorical exclusion does
4 not otherwise conflict with the implementing reg-
5 ulations of the project sponsor, except any list of
6 the project sponsor that designates categorical ex-
7 clusions.
8 ‘‘(5) MITIGATION COMMITMENTS.—The Secretary
9 shall assist the Federal land management agency with
10 all design and mitigation commitments made jointly
11 by the Secretary and the project sponsor in any envi-
12 ronmental document prepared by the Secretary in ac-
13 cordance with this subsection.’’.
14 SEC. 11312. NATIONAL ENVIRONMENTAL POLICY ACT OF
15 1969 REPORTING PROGRAM.
16 (a) IN GENERAL.—Chapter 1 of title 23, United States
17 Code, is amended by inserting after section 156 the fol-
18 lowing:
19 ‘‘§ 157. National Environmental Policy Act of 1969 re-
20 porting program
21 ‘‘(a) DEFINITIONS.—In this section:
22 ‘‘(1) CATEGORICAL EXCLUSION.—The term ‘cat-
23 egorical exclusion’ has the meaning given the term in
24 section 771.117(c) of title 23, Code of Federal Regula-
25 tions (or a successor regulation).
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1 ‘‘(2) DOCUMENTED CATEGORICAL EXCLUSION.—
2 The term ‘documented categorical exclusion’ has the
3 meaning given the term in section 771.117(d) of title
4 23, Code of Federal Regulations (or a successor regu-
5 lation).
6 ‘‘(3) ENVIRONMENTAL ASSESSMENT.—The term
7 ‘environmental assessment’ has the meaning given the
8 term in section 1508.1 of title 40, Code of Federal
9 Regulations (or a successor regulation).
10 ‘‘(4) ENVIRONMENTAL IMPACT STATEMENT.—The
11 term ‘environmental impact statement’ means a de-
12 tailed statement required under section 102(2)(C) of
13 the National Environmental Policy Act of 1969 (42
14 U.S.C. 4332(2)(C)).
15 ‘‘(5) FEDERAL AGENCY.—The term ‘Federal
16 agency’ includes a State that has assumed responsi-
17 bility under section 327.
18 ‘‘(6) NEPA PROCESS.—The term ‘NEPA process’
19 means the entirety of the development and docu-
20 mentation of the analysis required under the National
21 Environmental Policy Act of 1969 (42 U.S.C. 4321 et
22 seq.), including the assessment and analysis of any
23 impacts, alternatives, and mitigation of a proposed
24 action, and any interagency participation and public
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1 involvement required to be carried out before the Sec-
2 retary undertakes a proposed action.
3 ‘‘(7) PROPOSED ACTION.—The term ‘proposed ac-
4 tion’ means an action (within the meaning of the Na-
5 tional Environmental Policy Act of 1969 (42 U.S.C.
6 4321 et seq.)) under this title that the Secretary pro-
7 poses to carry out.
8 ‘‘(8) REPORTING PERIOD.—The term ‘reporting
9 period’ means the fiscal year prior to the fiscal year
10 in which a report is issued under subsection (b).
11 ‘‘(9) SECRETARY.—The term ‘Secretary’ includes
12 the governor or head of an applicable State agency of
13 a State that has assumed responsibility under section
14 327.
15 ‘‘(b) REPORT ON NEPA DATA.—
16 ‘‘(1) IN GENERAL.—The Secretary shall carry
17 out a process to track, and annually submit to the
18 Committee on Environment and Public Works of the
19 Senate and the Committee on Transportation and In-
20 frastructure of the House of Representatives a report
21 containing, the information described in paragraph
22 (3).
23 ‘‘(2) TIME TO COMPLETE.—For purposes of
24 paragraph (3), the NEPA process—
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1 ‘‘(A) for an environmental impact state-
2 ment—
3 ‘‘(i) begins on the date on which the
4 Notice of Intent is published in the Federal
5 Register; and
6 ‘‘(ii) ends on the date on which the
7 Secretary issues a record of decision, in-
8 cluding, if necessary, a revised record of de-
9 cision; and
10 ‘‘(B) for an environmental assessment—
11 ‘‘(i) begins on the date on which the
12 Secretary makes a determination to prepare
13 an environmental assessment; and
14 ‘‘(ii) ends on the date on which the
15 Secretary issues a finding of no significant
16 impact or determines that preparation of
17 an environmental impact statement is nec-
18 essary.
19 ‘‘(3) INFORMATION DESCRIBED.—The informa-
20 tion referred to in paragraph (1) is, with respect to
21 the Department of Transportation—
22 ‘‘(A) the number of proposed actions for
23 which a categorical exclusion was issued during
24 the reporting period;
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1 ‘‘(B) the number of proposed actions for
2 which a documented categorical exclusion was
3 issued by the Department of Transportation dur-
4 ing the reporting period;
5 ‘‘(C) the number of proposed actions pend-
6 ing on the date on which the report is submitted
7 for which the issuance of a documented categor-
8 ical exclusion by the Department of Transpor-
9 tation is pending;
10 ‘‘(D) the number of proposed actions for
11 which an environmental assessment was issued
12 by the Department of Transportation during the
13 reporting period;
14 ‘‘(E) the length of time the Department of
15 Transportation took to complete each environ-
16 mental assessment described in subparagraph
17 (D);
18 ‘‘(F) the number of proposed actions pend-
19 ing on the date on which the report is submitted
20 for which an environmental assessment is being
21 drafted by the Department of Transportation;
22 ‘‘(G) the number of proposed actions for
23 which an environmental impact statement was
24 completed by the Department of Transportation
25 during the reporting period;
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1 ‘‘(H) the length of time that the Department
2 of Transportation took to complete each environ-
3 mental impact statement described in subpara-
4 graph (G);
5 ‘‘(I) the number of proposed actions pend-
6 ing on the date on which the report is submitted
7 for which an environmental impact statement is
8 being drafted; and
9 ‘‘(J) for the proposed actions reported under
10 subparagraphs (F) and (I), the percentage of
11 those proposed actions for which—
12 ‘‘(i) funding has been identified; and
13 ‘‘(ii) all other Federal, State, and local
14 activities that are required to allow the pro-
15 posed action to proceed are completed.’’.
16 (b) CLERICAL AMENDMENT.—The analysis for chapter
17 1 of title 23, United States Code, is amended by inserting
18 after the item relating to section 156 the following:
‘‘157. National Environmental Policy Act of 1969 reporting program.’’.
19 SEC. 11313. SURFACE TRANSPORTATION PROJECT DELIV-
20 ERY PROGRAM WRITTEN AGREEMENTS.
21 Section 327 of title 23, United States Code, is amend-
22 ed—
23 (1) in subsection (a)(2)(G), by inserting ‘‘, in-
24 cluding the payment of fees awarded under section
25 2412 of title 28’’ before the period at the end;
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1 (2) in subsection (c)—
2 (A) by striking paragraph (5) and inserting
3 the following:
4 ‘‘(5) except as provided under paragraph (7),
5 have a term of not more than 5 years;’’;
6 (B) in paragraph (6), by striking the period
7 at the end and inserting ‘‘; and’’; and
8 (C) by adding at the end the following:
9 ‘‘(7) for any State that has participated in a
10 program under this section (or under a predecessor
11 program) for at least 10 years, have a term of 10
12 years.’’;
13 (3) in subsection (g)(1)—
14 (A) in subparagraph (B), by striking ‘‘and’’
15 at the end;
16 (B) in subparagraph (C), by striking ‘‘an-
17 nual’’;
18 (C) by redesignating subparagraph (C) as
19 subparagraph (D); and
20 (D) by inserting after subparagraph (B) the
21 following:
22 ‘‘(C) in the case of an agreement period of
23 greater than 5 years pursuant to subsection
24 (c)(7), conduct an audit covering the first 5
25 years of the agreement period; and’’; and
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1 (4) by adding at the end the following:
2 ‘‘(m) AGENCY DEEMED TO BE FEDERAL AGENCY.—
3 A State agency that is assigned a responsibility under an
4 agreement under this section shall be deemed to be an agen-
5 cy for the purposes of section 2412 of title 28.’’.
6 SEC. 11314. STATE ASSUMPTION OF RESPONSIBILITY FOR
7 CATEGORICAL EXCLUSIONS.
8 Section 326(c)(3) of title 23, United States Code, is
9 amended—
10 (1) by striking subparagraph (A) and inserting
11 the following:
12 ‘‘(A) except as provided under subpara-
13 graph (C), shall have a term of not more than
14 3 years;’’;
15 (2) in subparagraph (B), by striking the period
16 at the end and inserting ‘‘; and’’; and
17 (3) by adding at the end the following:
18 ‘‘(C) shall have a term of 5 years, in the
19 case of a State that has assumed the responsi-
20 bility for categorical exclusions under this sec-
21 tion for not fewer than 10 years.’’.
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1 SEC. 11315. EARLY UTILITY RELOCATION PRIOR TO TRANS-
2 PORTATION PROJECT ENVIRONMENTAL RE-
3 VIEW.
4 Section 123 of title 23, United States Code, is amended
5 to read as follows:
6 ‘‘§ 123. Relocation of utility facilities
7 ‘‘(a) DEFINITIONS.—In this section:
8 ‘‘(1) COST OF RELOCATION.—The term ‘cost of
9 relocation’ includes the entire amount paid by a util-
10 ity properly attributable to the relocation of a utility
11 facility, minus any increase in the value of the new
12 facility and any salvage value derived from the old
13 facility.
14 ‘‘(2) EARLY UTILITY RELOCATION PROJECT.—
15 The term ‘early utility relocation project’ means util-
16 ity relocation activities identified by the State for
17 performance before completion of the environmental
18 review process for the transportation project.
19 ‘‘(3) ENVIRONMENTAL REVIEW PROCESS.—The
20 term ‘environmental review process’ has the meaning
21 given the term in section 139(a).
22 ‘‘(4) TRANSPORTATION PROJECT.—The term
23 ‘transportation project’ means a project.
24 ‘‘(5) UTILITY FACILITY.—The term ‘utility facil-
25 ity’ means any privately, publicly, or cooperatively
26 owned line, facility, or system for producing, trans-
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1 mitting, or distributing communications, power, elec-
2 tricity, light, heat, gas, oil, crude products, water,
3 steam, waste, stormwater not connected with highway
4 drainage, or any other similar commodity, including
5 any fire or police signal system or street lighting sys-
6 tem, that directly or indirectly serves the public.
7 ‘‘(6) UTILITY RELOCATION ACTIVITY.—The term
8 ‘utility relocation activity’ means an activity nec-
9 essary for the relocation of a utility facility, includ-
10 ing preliminary and final design, surveys, real prop-
11 erty acquisition, materials acquisition, and construc-
12 tion.
13 ‘‘(b) REIMBURSEMENT TO STATES.—
14 ‘‘(1) IN GENERAL.—If a State pays for the cost
15 of relocation of a utility facility necessitated by the
16 construction of a transportation project, Federal
17 funds may be used to reimburse the State for the cost
18 of relocation in the same proportion as Federal funds
19 are expended on the transportation project.
20 ‘‘(2) LIMITATION.—Federal funds shall not be
21 used to reimburse a State under this section if the
22 payment to the utility—
23 ‘‘(A) violates the law of the State; or
24 ‘‘(B) violates a legal contract between the
25 utility and the State.
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1 ‘‘(3) REQUIREMENT.—A reimbursement under
2 paragraph (1) shall be made only if the State dem-
3 onstrates to the satisfaction of the Secretary that the
4 State paid the cost of the utility relocation activity
5 from funds of the State with respect to transportation
6 projects for which Federal funds are obligated subse-
7 quent to April 16, 1958, for work, including utility
8 relocation activities.
9 ‘‘(4) REIMBURSEMENT ELIGIBILITY FOR EARLY
10 RELOCATION PRIOR TO TRANSPORTATION PROJECT
11 ENVIRONMENTAL REVIEW PROCESS.—
12 ‘‘(A) IN GENERAL.—In addition to the re-
13 quirements under paragraphs (1) through (3), a
14 State may carry out, at the expense of the State,
15 an early utility relocation project for a transpor-
16 tation project before completion of the environ-
17 mental review process for the transportation
18 project.
19 ‘‘(B) REQUIREMENTS FOR REIMBURSE-
20 MENT.—Funds apportioned to a State under this
21 title may be used to pay the costs incurred by the
22 State for an early utility relocation project only
23 if the State demonstrates to the Secretary, and
24 the Secretary finds that—
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1 ‘‘(i) the early utility relocation project
2 is necessary to accommodate a transpor-
3 tation project;
4 ‘‘(ii) the State provides adequate docu-
5 mentation to the Secretary of eligible costs
6 incurred by the State for the early utility
7 relocation project;
8 ‘‘(iii) before the commencement of the
9 utility relocation activities, an environ-
10 mental review process was completed for the
11 early utility relocation project that resulted
12 in a finding that the early utility relocation
13 project—
14 ‘‘(I) would not result in signifi-
15 cant adverse environmental impacts;
16 and
17 ‘‘(II) would comply with other ap-
18 plicable Federal environmental re-
19 quirements;
20 ‘‘(iv) the early utility relocation project
21 did not influence—
22 ‘‘(I) the environmental review
23 process for the transportation project;
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1 ‘‘(II) the decision relating to the
2 need to construct the transportation
3 project; or
4 ‘‘(III) the selection of the trans-
5 portation project design or location;
6 ‘‘(v) the early utility relocation project
7 complies with all applicable provisions of
8 law, including regulations issued pursuant
9 to this title;
10 ‘‘(vi) the early utility relocation project
11 follows applicable financial procedures and
12 requirements, including documentation of
13 eligible costs and the requirements under
14 section 109(l), but not including require-
15 ments applicable to authorization and obli-
16 gation of Federal funds;
17 ‘‘(vii) the transportation project for
18 which the early utility relocation project
19 was necessitated was included in the appli-
20 cable transportation improvement program
21 under section 134 or 135;
22 ‘‘(viii) before the cost incurred by a
23 State is approved for Federal participation,
24 environmental compliance pursuant to the
25 National Environmental Policy Act of 1969
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1 (42 U.S.C. 4321 et seq.) has been completed
2 for the transportation project for which the
3 early utility relocation project was neces-
4 sitated; and
5 ‘‘(ix) the transportation project that
6 necessitated the utility relocation activity is
7 approved for construction.
8 ‘‘(C) SAVINGS PROVISION.—Nothing in this
9 paragraph affects other eligibility requirements
10 or authorities for Federal participation in pay-
11 ment of costs incurred for utility relocation ac-
12 tivities.
13 ‘‘(c) APPLICABILITY OF OTHER PROVISIONS.—Nothing
14 in this section affects the applicability of other requirements
15 that would otherwise apply to an early utility relocation
16 project, including any applicable requirements under—
17 ‘‘(1) section 138;
18 ‘‘(2) the Uniform Relocation Assistance and Real
19 Property Acquisition Policies Act of 1970 (42 U.S.C.
20 4601 et seq.), including regulations under part 24 of
21 title 49, Code of Federal Regulations (or successor reg-
22 ulations);
23 ‘‘(3) title VI of the Civil Rights Act of 1964 (42
24 U.S.C. 2000d et seq.); or
25 ‘‘(4) an environmental review process.’’.
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1 SEC. 11316. STREAMLINING OF SECTION 4(F) REVIEWS.
2 Section 138(a) of title 23, United States Code, is
3 amended—
4 (1) in the fourth sentence, by striking ‘‘In car-
5 rying out’’ and inserting the following:
6 ‘‘(4) STUDIES.—In carrying out’’;
7 (2) in the third sentence—
8 (A) by striking ‘‘such land, and (2) such
9 program’’ and inserting the following: ‘‘the land;
10 and
11 ‘‘(B) the program’’;
12 (B) by striking ‘‘unless (1) there is’’ and in-
13 serting the following: ‘‘unless—
14 ‘‘(A) there is’’; and
15 (C) by striking ‘‘After the’’ and inserting
16 the following:
17 ‘‘(3) REQUIREMENT.—After the’’;
18 (3) in the second sentence—
19 (A) by striking ‘‘The Secretary of Transpor-
20 tation’’ and inserting the following:
21 ‘‘(2) COOPERATION AND CONSULTATION.—
22 ‘‘(A) IN GENERAL.—The Secretary’’; and
23 (B) by adding at the end the following:
24 ‘‘(B) TIMELINE FOR APPROVALS.—
25 ‘‘(i) IN GENERAL.—The Secretary
26 shall—
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1 ‘‘(I) provide an evaluation under
2 this section to the Secretaries described
3 in subparagraph (A); and
4 ‘‘(II) provide a period of 30 days
5 for receipt of comments.
6 ‘‘(ii) ASSUMED ACCEPTANCE.—If the
7 Secretary does not receive comments by 15
8 days after the deadline under clause (i)(II),
9 the Secretary shall assume a lack of objec-
10 tion and proceed with the action.
11 ‘‘(C) EFFECT.—Nothing in subparagraph
12 (B) affects—
13 ‘‘(i) the requirements under—
14 ‘‘(I) subsections (b) through (f); or
15 ‘‘(II) the consultation process
16 under section 306108 of title 54; or
17 ‘‘(ii) programmatic section 4(f) evalua-
18 tions, as described in regulations issued by
19 the Secretary.’’; and
20 (4) in the first sentence, by striking ‘‘It is de-
21 clared to be’’ and inserting the following:
22 ‘‘(1) IN GENERAL.—It is’’.
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1 SEC. 11317. CATEGORICAL EXCLUSION FOR PROJECTS OF
2 LIMITED FEDERAL ASSISTANCE.
3 Section 1317(1) of MAP–21 (23 U.S.C. 109 note; Pub-
4 lic Law 112–141) is amended—
5 (1) in subparagraph (A), by striking
6 ‘‘$5,000,000’’ and inserting ‘‘$6,000,000’’; and
7 (2) in subparagraph (B), by striking
8 ‘‘$30,000,000’’ and inserting ‘‘$35,000,000’’.
9 SEC. 11318. CERTAIN GATHERING LINES LOCATED ON FED-
10 ERAL LAND AND INDIAN LAND.
11 (a) DEFINITIONS.—In this section:
12 (1) FEDERAL LAND.—
13 (A) IN GENERAL.—The term ‘‘Federal land’’
14 means land the title to which is held by the
15 United States.
16 (B) EXCLUSIONS.—The term ‘‘Federal
17 land’’ does not include—
18 (i) a unit of the National Park Sys-
19 tem;
20 (ii) a unit of the National Wildlife
21 Refuge System;
22 (iii) a component of the National Wil-
23 derness Preservation System;
24 (iv) a wilderness study area within the
25 National Forest System; or
26 (v) Indian land.
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1 (2) GATHERING LINE AND ASSOCIATED FIELD
2 COMPRESSION OR PUMPING UNIT.—
3 (A) IN GENERAL.—The term ‘‘gathering line
4 and associated field compression or pumping
5 unit’’ means—
6 (i) a pipeline that is installed to trans-
7 port oil, natural gas and related constitu-
8 ents, or produced water from 1 or more
9 wells drilled and completed to produce oil or
10 gas; and
11 (ii) if necessary, 1 or more compressors
12 or pumps to raise the pressure of the trans-
13 ported oil, natural gas and related constitu-
14 ents, or produced water to higher pressures
15 necessary to enable the oil, natural gas and
16 related constituents, or produced water to
17 flow into pipelines and other facilities.
18 (B) INCLUSIONS.—The term ‘‘gathering line
19 and associated field compression or pumping
20 unit’’ includes a pipeline or associated compres-
21 sion or pumping unit that is installed to trans-
22 port oil or natural gas from a processing plant
23 to a common carrier pipeline or facility.
24 (C) EXCLUSIONS.—The term ‘‘gathering
25 line and associated field compression or pump-
† HR 3684 EAS
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1 ing unit’’ does not include a common carrier
2 pipeline.
3 (3) INDIAN LAND.—The term ‘‘Indian land’’
4 means land the title to which is held by—
5 (A) the United States in trust for an In-
6 dian Tribe or an individual Indian; or
7 (B) an Indian Tribe or an individual In-
8 dian subject to a restriction by the United States
9 against alienation.
10 (4) PRODUCED WATER.—The term ‘‘produced
11 water’’ means water produced from an oil or gas well
12 bore that is not a fluid prepared at, or transported
13 to, the well site to resolve a specific oil or gas well
14 bore or reservoir condition.
15 (5) SECRETARY.—The term ‘‘Secretary’’ means
16 the Secretary of the Interior.
17 (b) CERTAIN GATHERING LINES.—
18 (1) IN GENERAL.—Subject to paragraph (2), the
19 issuance of a sundry notice or right-of-way for a
20 gathering line and associated field compression or
21 pumping unit that is located on Federal land or In-
22 dian land and that services any oil or gas well may
23 be considered by the Secretary to be an action that is
24 categorically excluded (as defined in section 1508.1 of
25 title 40, Code of Federal Regulations (as in effect on
† HR 3684 EAS
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1 the date of enactment of this Act)) for purposes of the
2 National Environmental Policy Act of 1969 (42
3 U.S.C. 4321 et seq.) if the gathering line and associ-
4 ated field compression or pumping unit—
5 (A) are within a field or unit for which an
6 approved land use plan or an environmental
7 document prepared pursuant to the National
8 Environmental Policy Act of 1969 (42 U.S.C.
9 4321 et seq.) analyzed transportation of oil, nat-
10 ural gas, or produced water from 1 or more oil
11 or gas wells in the field or unit as a reasonably
12 foreseeable activity;
13 (B) are located adjacent to or within—
14 (i) any existing disturbed area; or
15 (ii) an existing corridor for a right-of-
16 way; and
17 (C) would reduce—
18 (i) in the case of a gathering line and
19 associated field compression or pumping
20 unit transporting methane, the total quan-
21 tity of methane that would otherwise be
22 vented, flared, or unintentionally emitted
23 from the field or unit; or
24 (ii) in the case of a gathering line and
25 associated field compression or pumping
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1 unit not transporting methane, the vehic-
2 ular traffic that would otherwise service the
3 field or unit.
4 (2) APPLICABILITY.—Paragraph (1) shall apply
5 to Indian land, or a portion of Indian land—
6 (A) to which the National Environmental
7 Policy Act of 1969 (42 U.S.C. 4321 et seq.) ap-
8 plies; and
9 (B) for which the Indian Tribe with juris-
10 diction over the Indian land submits to the Sec-
11 retary a written request that paragraph (1)
12 apply to that Indian land (or portion of Indian
13 land).
14 (c) EFFECT ON OTHER LAW.—Nothing in this sec-
15 tion—
16 (1) affects or alters any requirement—
17 (A) relating to prior consent under—
18 (i) section 2 of the Act of February 5,
19 1948 (62 Stat. 18, chapter 45; 25 U.S.C.
20 324); or
21 (ii) section 16(e) of the Act of June 18,
22 1934 (48 Stat. 987, chapter 576; 102 Stat.
23 2939; 114 Stat. 47; 25 U.S.C. 5123(e))
24 (commonly known as the ‘‘Indian Reorga-
25 nization Act’’);
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1 (B) under section 306108 of title 54, United
2 States Code; or
3 (C) under any other Federal law (including
4 regulations) relating to Tribal consent for rights-
5 of-way across Indian land; or
6 (2) makes the National Environmental Policy
7 Act of 1969 (42 U.S.C. 4321 et seq.) applicable to
8 land to which that Act otherwise would not apply.
9 SEC. 11319. ANNUAL REPORT.
10 (a) DEFINITION OF COVERED PROJECT.—In this sec-
11 tion, the term ‘‘covered project’’ means a project or activity
12 carried out with funds provided by the Department, includ-
13 ing a project carried out under title 23 or 49, United States
14 Code—
15 (1) that is more than 5 years behind schedule; or
16 (2) for which the total amount spent on the
17 project or activity is not less than $1,000,000,000
18 more than the original cost estimate for the project or
19 activity.
20 (b) REQUIREMENT.—Not later than 1 year after the
21 date of enactment of this Act, and annually thereafter, the
22 Secretary shall submit to Congress a report on covered
23 projects of the Department, which shall include, for each
24 covered project—
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1 (1) a brief description of the covered project, in-
2 cluding—
3 (A) the purpose of the covered project;
4 (B) each location in which the covered
5 project is carried out;
6 (C) the contract or award number of the
7 covered project, if applicable;
8 (D) the year in which the covered project
9 was initiated;
10 (E) the Federal share of the total cost of the
11 covered project; and
12 (F) each primary contractor, subcontractor,
13 grant recipient, and subgrantee recipient of the
14 covered project;
15 (2) an explanation of any change to the original
16 scope of the covered project, including by the addition
17 or narrowing of the initial requirements of the cov-
18 ered project;
19 (3) the original expected date for completion of
20 the covered project;
21 (4) the current expected date for completion of
22 the covered project;
23 (5) the original cost estimate for the covered
24 project, as adjusted to reflect increases in the Con-
† HR 3684 EAS
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1 sumer Price Index for All Urban Consumers, as pub-
2 lished by the Bureau of Labor Statistics;
3 (6) the current cost estimate for the covered
4 project, as adjusted to reflect increases in the Con-
5 sumer Price Index for All Urban Consumers, as pub-
6 lished by the Bureau of Labor Statistics;
7 (7) an explanation for a delay in completion or
8 an increase in the original cost estimate for the cov-
9 ered project, including, where applicable, any impact
10 of insufficient or delayed appropriations; and
11 (8) the amount of and rationale for any award,
12 incentive fee, or other type of bonus, if any, awarded
13 for the covered project.
14 Subtitle D—Climate Change
15 SEC. 11401. GRANTS FOR CHARGING AND FUELING INFRA-
16 STRUCTURE.
17 (a) PURPOSE.—The purpose of this section is to estab-
18 lish a grant program to strategically deploy publicly acces-
19 sible electric vehicle charging infrastructure, hydrogen fuel-
20 ing infrastructure, propane fueling infrastructure, and nat-
21 ural gas fueling infrastructure along designated alternative
22 fuel corridors or in certain other locations that will be ac-
23 cessible to all drivers of electric vehicles, hydrogen vehicles,
24 propane vehicles, and natural gas vehicles.
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1 (b) GRANT PROGRAM.—Section 151 of title 23, United
2 States Code, is amended—
3 (1) in subsection (a)—
4 (A) by striking ‘‘Not later than 1 year after
5 the date of enactment of the FAST Act, the Sec-
6 retary shall’’ and inserting ‘‘The Secretary shall
7 periodically’’; and
8 (B) by striking ‘‘to improve the mobility’’
9 and inserting ‘‘to support changes in the trans-
10 portation sector that help achieve a reduction in
11 greenhouse gas emissions and improve the mobil-
12 ity’’;
13 (2) in subsection (b)(2), by inserting ‘‘previously
14 designated by the Federal Highway Administration
15 or’’ before ‘‘designated by’’;
16 (3) by striking subsection (d) and inserting the
17 following:
18 ‘‘(d) REDESIGNATION.—
19 ‘‘(1) INITIAL REDESIGNATION.—Not later than
20 180 days after the date of enactment of the Surface
21 Transportation Reauthorization Act of 2021, the Sec-
22 retary shall update and redesignate the corridors
23 under subsection (a).
24 ‘‘(2) SUBSEQUENT REDESIGNATION.—The Sec-
25 retary shall establish a recurring process to regularly
† HR 3684 EAS
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1 update and redesignate the corridors under subsection
2 (a).’’;
3 (4) in subsection (e)—
4 (A) in paragraph (1), by striking ‘‘and’’ at
5 the end;
6 (B) in paragraph (2)—
7 (i) by striking ‘‘establishes an aspira-
8 tional goal of achieving’’ and inserting ‘‘de-
9 scribes efforts, including through funds
10 awarded through the grant program under
11 subsection (f), that will aid efforts to
12 achieve’’; and
13 (ii) by striking ‘‘by the end of fiscal
14 year 2020.’’ and inserting ‘‘; and’’; and
15 (C) by adding at the end the following:
16 ‘‘(3) summarizes best practices and provides
17 guidance, developed through consultation with the
18 Secretary of Energy, for project development of elec-
19 tric vehicle charging infrastructure, hydrogen fueling
20 infrastructure, propane fueling infrastructure and
21 natural gas fueling infrastructure at the State, Trib-
22 al, and local level to allow for the predictable deploy-
23 ment of that infrastructure.’’; and
24 (5) by adding at the end the following:
25 ‘‘(f) GRANT PROGRAM.—
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1 ‘‘(1) DEFINITION OF PRIVATE ENTITY.—In this
2 subsection, the term ‘private entity’ means a corpora-
3 tion, partnership, company, or nonprofit organiza-
4 tion.
5 ‘‘(2) ESTABLISHMENT.—Not later than 1 year
6 after the date of enactment of the Surface Transpor-
7 tation Reauthorization Act of 2021, 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 (6).
11 ‘‘(3) 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) a territory of the United States;
24 ‘‘(G) an authority, agency, or instrumen-
25 tality of, or an entity owned by, 1 or more enti-
† HR 3684 EAS
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1 ties described in subparagraphs (A) through (F);
2 or
3 ‘‘(H) a group of entities described in sub-
4 paragraphs (A) through (G).
5 ‘‘(4) APPLICATIONS.—To be eligible to receive a
6 grant under this subsection, an eligible entity shall
7 submit to the Secretary an application at such time,
8 in such manner, and containing such information as
9 the Secretary shall require, including—
10 ‘‘(A) a description of how the eligible entity
11 has considered—
12 ‘‘(i) public accessibility of charging or
13 fueling infrastructure proposed to be funded
14 with a grant under this subsection, includ-
15 ing—
16 ‘‘(I) charging or fueling connector
17 types and publicly available informa-
18 tion on real-time availability; and
19 ‘‘(II) payment methods to ensure
20 secure, convenient, fair, and equal ac-
21 cess;
22 ‘‘(ii) collaborative engagement with
23 stakeholders (including automobile manu-
24 facturers, utilities, infrastructure providers,
25 technology providers, electric charging, hy-
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1 drogen, propane, and natural gas fuel pro-
2 viders, metropolitan planning organiza-
3 tions, States, Indian tribes, and units of
4 local governments, fleet owners, fleet man-
5 agers, fuel station owners and operators,
6 labor organizations, infrastructure construc-
7 tion and component parts suppliers, and
8 multi-State and regional entities)—
9 ‘‘(I) to foster enhanced, coordi-
10 nated, public-private or private invest-
11 ment in electric vehicle charging infra-
12 structure, hydrogen fueling infrastruc-
13 ture, propane fueling infrastructure, or
14 natural gas fueling infrastructure;
15 ‘‘(II) to expand deployment of
16 electric vehicle charging infrastructure,
17 hydrogen fueling infrastructure, pro-
18 pane fueling infrastructure, or natural
19 gas fueling infrastructure;
20 ‘‘(III) to protect personal privacy
21 and ensure cybersecurity; and
22 ‘‘(IV) to ensure that a properly
23 trained workforce is available to con-
24 struct and install electric vehicle charg-
25 ing infrastructure, hydrogen fueling
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1 infrastructure, propane fueling infra-
2 structure, or natural gas fueling infra-
3 structure;
4 ‘‘(iii) the location of the station or
5 fueling site, such as consideration of—
6 ‘‘(I) the availability of onsite
7 amenities for vehicle operators, such as
8 restrooms or food facilities;
9 ‘‘(II) access in compliance with
10 the Americans with Disabilities Act of
11 1990 (42 U.S.C. 12101 et seq.);
12 ‘‘(III) height and fueling capacity
13 requirements for facilities that charge
14 or refuel large vehicles, such as semi-
15 trailer trucks; and
16 ‘‘(IV) appropriate distribution to
17 avoid redundancy and fill charging or
18 fueling gaps;
19 ‘‘(iv) infrastructure installation that
20 can be responsive to technology advance-
21 ments, such as accommodating autonomous
22 vehicles, vehicle-to-grid technology, and fu-
23 ture charging methods; and
24 ‘‘(v) the long-term operation and
25 maintenance of the electric vehicle charging
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1 infrastructure, hydrogen fueling infrastruc-
2 ture, propane fueling infrastructure, or nat-
3 ural gas fueling infrastructure, to avoid
4 stranded assets and protect the investment
5 of public funds in that infrastructure; and
6 ‘‘(B) an assessment of the estimated emis-
7 sions that will be reduced through the use of elec-
8 tric vehicle charging infrastructure, hydrogen
9 fueling infrastructure, propane fueling infra-
10 structure, or natural gas fueling infrastructure,
11 which shall be conducted using the Alternative
12 Fuel Life-Cycle Environmental and Economic
13 Transportation (AFLEET) tool developed by Ar-
14 gonne National Laboratory (or a successor tool).
15 ‘‘(5) CONSIDERATIONS.—In selecting eligible en-
16 tities to receive a grant under this subsection, the Sec-
17 retary shall—
18 ‘‘(A) consider the extent to which the appli-
19 cation of the eligible entity would—
20 ‘‘(i) improve alternative fueling cor-
21 ridor networks by—
22 ‘‘(I) converting corridor-pending
23 corridors to corridor-ready corridors;
24 or
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1 ‘‘(II) in the case of corridor-ready
2 corridors, providing redundancy—
3 ‘‘(aa) to meet excess demand
4 for charging or fueling infrastruc-
5 ture; or
6 ‘‘(bb) to reduce congestion at
7 existing charging or fueling infra-
8 structure in high-traffic locations;
9 ‘‘(ii) meet current or anticipated mar-
10 ket demands for charging or fueling infra-
11 structure;
12 ‘‘(iii) enable or accelerate the construc-
13 tion of charging or fueling infrastructure
14 that would be unlikely to be completed with-
15 out Federal assistance;
16 ‘‘(iv) support a long-term competitive
17 market for electric vehicle charging infra-
18 structure, hydrogen fueling infrastructure,
19 propane fueling infrastructure, or natural
20 gas fueling infrastructure that does not sig-
21 nificantly impair existing electric vehicle
22 charging infrastructure, hydrogen fueling
23 infrastructure, propane fueling infrastruc-
24 ture, or natural gas fueling infrastructure
25 providers;
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1 ‘‘(v) provide access to electric vehicle
2 charging infrastructure, hydrogen fueling
3 infrastructure, propane fueling infrastruc-
4 ture, or natural gas fueling infrastructure
5 in areas with a current or forecasted need;
6 and
7 ‘‘(vi) deploy electric vehicle charging
8 infrastructure, hydrogen fueling infrastruc-
9 ture, propane fueling infrastructure, or nat-
10 ural gas fueling infrastructure for medium-
11 and heavy-duty vehicles (including along
12 the National Highway Freight Network es-
13 tablished under section 167(c)) and in prox-
14 imity to intermodal transfer stations;
15 ‘‘(B) ensure, to the maximum extent prac-
16 ticable, geographic diversity among grant recipi-
17 ents to ensure that electric vehicle charging in-
18 frastructure, hydrogen fueling infrastructure,
19 propane fueling infrastructure, or natural gas
20 fueling infrastructure is available throughout the
21 United States;
22 ‘‘(C) consider whether the private entity
23 that the eligible entity contracts with under
24 paragraph (6)—
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1 ‘‘(i) submits to the Secretary the most
2 recent year of audited financial statements;
3 and
4 ‘‘(ii) has experience in installing and
5 operating electric vehicle charging infra-
6 structure, hydrogen fueling infrastructure,
7 propane fueling infrastructure, or natural
8 gas fueling infrastructure; and
9 ‘‘(D) consider whether, to the maximum ex-
10 tent practicable, the eligible entity and the pri-
11 vate entity that the eligible entity contracts with
12 under paragraph (6) enter into an agreement—
13 ‘‘(i) to operate and maintain publicly
14 available electric vehicle charging infra-
15 structure, hydrogen fueling infrastructure,
16 propane fueling infrastructure, or natural
17 gas infrastructure; and
18 ‘‘(ii) that provides a remedy and an
19 opportunity to cure if the requirements de-
20 scribed in clause (i) are not met.
21 ‘‘(6) USE OF FUNDS.—
22 ‘‘(A) IN GENERAL.—An eligible entity re-
23 ceiving a grant under this subsection shall only
24 use the funds in accordance with this paragraph
25 to contract with a private entity for acquisition
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1 and installation of publicly accessible electric ve-
2 hicle charging infrastructure, hydrogen fueling
3 infrastructure, propane fueling infrastructure, or
4 natural gas fueling infrastructure that is directly
5 related to the charging or fueling of a vehicle.
6 ‘‘(B) LOCATION OF INFRASTRUCTURE.—Any
7 publicly accessible electric vehicle charging infra-
8 structure, hydrogen fueling infrastructure, pro-
9 pane fueling infrastructure, or natural gas fuel-
10 ing infrastructure acquired and installed with a
11 grant under this subsection shall be located along
12 an alternative fuel corridor designated under
13 this section, on the condition that any affected
14 Indian tribes are consulted before the designa-
15 tion.
16 ‘‘(C) OPERATING ASSISTANCE.—
17 ‘‘(i) IN GENERAL.—Subject to clauses
18 (ii) and (iii), an eligible entity that receives
19 a grant under this subsection may use a
20 portion of the funds to provide to a private
21 entity operating assistance for the first 5
22 years of operations after the installation of
23 publicly available electric vehicle charging
24 infrastructure, hydrogen fueling infrastruc-
25 ture, propane fueling infrastructure, or nat-
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1 ural gas fueling infrastructure while the fa-
2 cility transitions to independent system op-
3 erations.
4 ‘‘(ii) INCLUSIONS.—Operating assist-
5 ance under this subparagraph shall be lim-
6 ited to costs allocable to operating and
7 maintaining the electric vehicle charging
8 infrastructure, hydrogen fueling infrastruc-
9 ture, propane fueling infrastructure, or nat-
10 ural gas fueling infrastructure and service.
11 ‘‘(iii) LIMITATION.—Operating assist-
12 ance under this subparagraph may not ex-
13 ceed the amount of a contract under sub-
14 paragraph (A) to acquire and install pub-
15 licly accessible electric vehicle charging in-
16 frastructure, hydrogen fueling infrastruc-
17 ture, propane fueling infrastructure, or nat-
18 ural gas fueling infrastructure.
19 ‘‘(D) TRAFFIC CONTROL DEVICES.—
20 ‘‘(i) IN GENERAL.—Subject to this
21 paragraph, an eligible entity that receives a
22 grant under this subsection may use a por-
23 tion of the funds to acquire and install traf-
24 fic control devices located in the right-of-
25 way to provide directional information to
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1 publicly accessible electric vehicle charging
2 infrastructure, hydrogen fueling infrastruc-
3 ture, propane fueling infrastructure, or nat-
4 ural gas fueling infrastructure acquired, in-
5 stalled, or operated with the grant.
6 ‘‘(ii) APPLICABILITY.—Clause (i) shall
7 apply only to an eligible entity that—
8 ‘‘(I) receives a grant under this
9 subsection; and
10 ‘‘(II) is using that grant for the
11 acquisition and installation of publicly
12 accessible electric vehicle charging in-
13 frastructure, hydrogen fueling infra-
14 structure, propane fueling infrastruc-
15 ture, or natural gas fueling infrastruc-
16 ture.
17 ‘‘(iii) LIMITATION ON AMOUNT.—The
18 amount of funds used to acquire and install
19 traffic control devices under clause (i) may
20 not exceed the amount of a contract under
21 subparagraph (A) to acquire and install
22 publicly accessible charging or fueling in-
23 frastructure.
24 ‘‘(iv) NO NEW AUTHORITY CREATED.—
25 Nothing in this subparagraph authorizes an
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1 eligible entity that receives a grant under
2 this subsection to acquire and install traffic
3 control devices if the entity is not otherwise
4 authorized to do so.
5 ‘‘(E) REVENUE.—
6 ‘‘(i) IN GENERAL.—An eligible entity
7 receiving a grant under this subsection and
8 a private entity referred to in subparagraph
9 (A) may enter into a cost-sharing agree-
10 ment under which the private entity sub-
11 mits to the eligible entity a portion of the
12 revenue from the electric vehicle charging
13 infrastructure, hydrogen fueling infrastruc-
14 ture, propane fueling infrastructure, or nat-
15 ural gas fueling infrastructure.
16 ‘‘(ii) USES OF REVENUE.—An eligible
17 entity that receives revenue from a cost-
18 sharing agreement under clause (i) may
19 only use that revenue for a project that is
20 eligible under this title.
21 ‘‘(7) CERTAIN FUELS.—The use of grants for
22 propane fueling infrastructure under this subsection
23 shall be limited to infrastructure for medium- and
24 heavy-duty vehicles.
25 ‘‘(8) COMMUNITY GRANTS.—
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1 ‘‘(A) IN GENERAL.—Notwithstanding para-
2 graphs (4), (5), and (6), the Secretary shall re-
3 serve 50 percent of the amounts made available
4 each fiscal year to carry out this section to pro-
5 vide grants to eligible entities in accordance with
6 this paragraph.
7 ‘‘(B) APPLICATIONS.—To be eligible to re-
8 ceive a grant under this paragraph, an eligible
9 entity shall submit to the Secretary an applica-
10 tion at such time, in such manner, and con-
11 taining such information as the Secretary may
12 require.
13 ‘‘(C) ELIGIBLE ENTITIES.—An entity eligi-
14 ble to receive a grant under this paragraph is—
15 ‘‘(i) an entity described in paragraph
16 (3); and
17 ‘‘(ii) a State or local authority with
18 ownership of publicly accessible transpor-
19 tation facilities.
20 ‘‘(D) ELIGIBLE PROJECTS.—The Secretary
21 may provide a grant under this paragraph for
22 a project that is expected to reduce greenhouse
23 gas emissions and to expand or fill gaps in ac-
24 cess to publicly accessible electric vehicle charg-
25 ing infrastructure, hydrogen fueling infrastruc-
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1 ture, propane fueling infrastructure, or natural
2 gas fueling infrastructure, including—
3 ‘‘(i) development phase activities, in-
4 cluding planning, feasibility analysis, rev-
5 enue forecasting, environmental review, pre-
6 liminary engineering and design work, and
7 other preconstruction activities; and
8 ‘‘(ii) the acquisition and installation of
9 electric vehicle charging infrastructure, hy-
10 drogen fueling infrastructure, propane fuel-
11 ing infrastructure, or natural gas fueling
12 infrastructure that is directly related to the
13 charging or fueling of a vehicle, including
14 any related construction or reconstruction
15 and the acquisition of real property directly
16 related to the project, such as locations de-
17 scribed in subparagraph (E), to expand ac-
18 cess to electric vehicle charging infrastruc-
19 ture, hydrogen fueling infrastructure, pro-
20 pane fueling infrastructure, or natural gas
21 fueling infrastructure.
22 ‘‘(E) PROJECT LOCATIONS.—A project re-
23 ceiving a grant under this paragraph may be lo-
24 cated on any public road or in other publicly ac-
25 cessible locations, such as parking facilities at
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1 public buildings, public schools, and public
2 parks, or in publicly accessible parking facilities
3 owned or managed by a private entity.
4 ‘‘(F) PRIORITY.—In providing grants under
5 this paragraph, the Secretary shall give priority
6 to projects that expand access to electric vehicle
7 charging infrastructure, hydrogen fueling infra-
8 structure, propane fueling infrastructure, or nat-
9 ural gas fueling infrastructure within—
10 ‘‘(i) rural areas;
11 ‘‘(ii) low- and moderate-income neigh-
12 borhoods; and
13 ‘‘(iii) communities with a low ratio of
14 private parking spaces to households or a
15 high ratio of multiunit dwellings to single
16 family homes, as determined by the Sec-
17 retary.
18 ‘‘(G) ADDITIONAL CONSIDERATIONS.—In
19 providing grants under this paragraph, the Sec-
20 retary shall consider the extent to which the
21 project—
22 ‘‘(i) contributes to geographic diversity
23 among eligible entities, including achieving
24 a balance between urban and rural commu-
25 nities; and
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1 ‘‘(ii) meets current or anticipated mar-
2 ket demands for charging or fueling infra-
3 structure, including faster charging speeds
4 with high-powered capabilities necessary to
5 minimize the time to charge or refuel cur-
6 rent and anticipated vehicles.
7 ‘‘(H) PARTNERING WITH PRIVATE ENTI-
8 TIES.—An eligible entity that receives a grant
9 under this paragraph may use the grant funds
10 to contract with a private entity for the acquisi-
11 tion, construction, installation, maintenance, or
12 operation of electric vehicle charging infrastruc-
13 ture, hydrogen fueling infrastructure, propane
14 fueling infrastructure, or natural gas fueling in-
15 frastructure that is directly related to the charg-
16 ing or fueling of a vehicle.
17 ‘‘(I) MAXIMUM GRANT AMOUNT.—The
18 amount of a grant under this paragraph shall
19 not be more than $15,000,000.
20 ‘‘(J) TECHNICAL ASSISTANCE.—Of the
21 amounts reserved under subparagraph (A), the
22 Secretary may use not more than 1 percent to
23 provide technical assistance to eligible entities.
24 ‘‘(K) ADDITIONAL ACTIVITIES.—The recipi-
25 ent of a grant under this paragraph may use not
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1 more than 5 percent of the grant funds on edu-
2 cational and community engagement activities
3 to develop and implement education programs
4 through partnerships with schools, community
5 organizations, and vehicle dealerships to support
6 the use of zero-emission vehicles and associated
7 infrastructure.
8 ‘‘(9) REQUIREMENTS.—
9 ‘‘(A) PROJECT TREATMENT.—Notwith-
10 standing any other provision of law, any project
11 funded by a grant under this subsection shall be
12 treated as a project on a Federal-aid highway
13 under this chapter.
14 ‘‘(B) SIGNS.—Any traffic control device or
15 on-premises sign acquired, installed, or operated
16 with a grant under this subsection shall comply
17 with—
18 ‘‘(i) the Manual on Uniform Traffic
19 Control Devices, if located in the right-of-
20 way; and
21 ‘‘(ii) other provisions of Federal, State,
22 and local law, as applicable.
23 ‘‘(10) FEDERAL SHARE.—
24 ‘‘(A) IN GENERAL.—The Federal share of
25 the cost of a project carried out with a grant
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1 under this subsection shall not exceed 80 percent
2 of the total project cost.
3 ‘‘(B) RESPONSIBILITY OF PRIVATE ENTI-
4 TY.—As a condition of contracting with an eligi-
5 ble entity under paragraph (6) or (8), a private
6 entity shall agree to pay the share of the cost of
7 a project carried out with a grant under this
8 subsection that is not paid by the Federal Gov-
9 ernment under subparagraph (A).
10 ‘‘(11) REPORT.—Not later than 3 years after the
11 date of enactment of this subsection, the Secretary
12 shall submit to the Committee on Environment and
13 Public Works of the Senate and the Committee on
14 Transportation and Infrastructure of the House of
15 Representatives and make publicly available a report
16 on the progress and implementation of this sub-
17 section.’’.
18 SEC. 11402. REDUCTION OF TRUCK EMISSIONS AT PORT FA-
19 CILITIES.
20 (a) ESTABLISHMENT OF PROGRAM.—
21 (1) IN GENERAL.—The Secretary shall establish
22 a program to reduce idling at port facilities, under
23 which the Secretary shall—
24 (A) study how ports and intermodal port
25 transfer facilities would benefit from increased
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1 opportunities to reduce emissions at ports, in-
2 cluding through the electrification of port oper-
3 ations;
4 (B) study emerging technologies and strate-
5 gies that may help reduce port-related emissions
6 from idling trucks; and
7 (C) coordinate and provide funding to test,
8 evaluate, and deploy projects that reduce port-re-
9 lated emissions from idling trucks, including
10 through the advancement of port electrification
11 and improvements in efficiency, focusing on port
12 operations, including heavy-duty commercial ve-
13 hicles, and other related projects.
14 (2) CONSULTATION.—In carrying out the pro-
15 gram under this subsection, the Secretary may con-
16 sult with the Secretary of Energy and the Adminis-
17 trator of the Environmental Protection Agency.
18 (b) GRANTS.—
19 (1) IN GENERAL.—In carrying out subsection
20 (a)(1)(C), the Secretary shall award grants to fund
21 projects that reduce emissions at ports, including
22 through the advancement of port electrification.
23 (2) COST SHARE.—A grant awarded under para-
24 graph (1) shall not exceed 80 percent of the total cost
25 of the project funded by the grant.
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1 (3) COORDINATION.—In carrying out the grant
2 program under this subsection, the Secretary shall—
3 (A) to the maximum extent practicable, le-
4 verage existing resources and programs of the
5 Department and other relevant Federal agencies;
6 and
7 (B) coordinate with other Federal agencies,
8 as the Secretary determines to be appropriate.
9 (4) APPLICATION; SELECTION.—
10 (A) APPLICATION.—The Secretary shall so-
11 licit applications for grants under paragraph (1)
12 at such time, in such manner, and containing
13 such information as the Secretary determines to
14 be necessary.
15 (B) SELECTION.—The Secretary shall make
16 grants under paragraph (1) by not later than
17 April 1 of each fiscal year for which funding is
18 made available.
19 (5) REQUIREMENT.—Notwithstanding any other
20 provision of law, any project funded by a grant under
21 this subsection shall be treated as a project on a Fed-
22 eral-aid highway under chapter 1 of title 23, United
23 States Code.
24 (c) REPORT.—Not later than 1 year after the date on
25 which all of the projects funded with a grant under sub-
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1 section (b) are completed, the Secretary shall submit to Con-
2 gress a report that includes—
3 (1) the findings of the studies described in sub-
4 paragraphs (A) and (B) of subsection (a)(1);
5 (2) the results of the projects that received a
6 grant under subsection (b);
7 (3) any recommendations for workforce develop-
8 ment and training opportunities with respect to port
9 electrification; and
10 (4) any policy recommendations based on the
11 findings and results described in paragraphs (1) and
12 (2).
13 SEC. 11403. CARBON REDUCTION PROGRAM.
14 (a) IN GENERAL.—Chapter 1 of title 23, United States
15 Code (as amended by section 11203(a)), is amended by add-
16 ing at the end the following:
17 ‘‘§ 175. Carbon reduction program
18 ‘‘(a) DEFINITIONS.—In this section:
19 ‘‘(1) METROPOLITAN PLANNING ORGANIZATION;
20 URBANIZED AREA.—The terms ‘metropolitan plan-
21 ning organization’ and ‘urbanized area’ have the
22 meaning given those terms in section 134(b).
23 ‘‘(2) TRANSPORTATION EMISSIONS.—The term
24 ‘transportation emissions’ means carbon dioxide emis-
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1 sions from on-road highway sources of those emissions
2 within a State.
3 ‘‘(3) TRANSPORTATION MANAGEMENT AREA.—
4 The term ‘transportation management area’ means a
5 transportation management area identified or des-
6 ignated by the Secretary under section 134(k)(1).
7 ‘‘(b) ESTABLISHMENT.—The Secretary shall establish
8 a carbon reduction program to reduce transportation emis-
9 sions.
10 ‘‘(c) ELIGIBLE PROJECTS.—
11 ‘‘(1) IN GENERAL.—Subject to paragraph (2),
12 funds apportioned to a State under section 104(b)(7)
13 may be obligated for projects to support the reduction
14 of transportation emissions, including—
15 ‘‘(A) a project described in section 149(b)(4)
16 to establish or operate a traffic monitoring, man-
17 agement, and control facility or program, in-
18 cluding advanced truck stop electrification sys-
19 tems;
20 ‘‘(B) a public transportation project that is
21 eligible for assistance under section 142;
22 ‘‘(C) a project described in section
23 101(a)(29) (as in effect on the day before the
24 date of enactment of the FAST Act (Public Law
25 114–94; 129 Stat. 1312)), including the con-
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1 struction, planning, and design of on-road and
2 off-road trail facilities for pedestrians, bicyclists,
3 and other nonmotorized forms of transportation;
4 ‘‘(D) a project described in section
5 503(c)(4)(E) for advanced transportation and
6 congestion management technologies;
7 ‘‘(E) a project for the deployment of infra-
8 structure-based intelligent transportation systems
9 capital improvements and the installation of ve-
10 hicle-to-infrastructure communications equip-
11 ment, including retrofitting dedicated short-
12 range communications (DSRC) technology de-
13 ployed as part of an existing pilot program to
14 cellular vehicle-to-everything (C–V2X) tech-
15 nology;
16 ‘‘(F) a project to replace street lighting and
17 traffic control devices with energy-efficient alter-
18 natives;
19 ‘‘(G) the development of a carbon reduction
20 strategy in accordance with subsection (d);
21 ‘‘(H) a project or strategy that is designed
22 to support congestion pricing, shifting transpor-
23 tation demand to nonpeak hours or other trans-
24 portation modes, increasing vehicle occupancy
25 rates, or otherwise reducing demand for roads,
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1 including electronic toll collection, and travel de-
2 mand management strategies and programs;
3 ‘‘(I) efforts to reduce the environmental and
4 community impacts of freight movement;
5 ‘‘(J) a project to support deployment of al-
6 ternative fuel vehicles, including—
7 ‘‘(i) the acquisition, installation, or op-
8 eration of publicly accessible electric vehicle
9 charging infrastructure or hydrogen, nat-
10 ural gas, or propane vehicle fueling infra-
11 structure; and
12 ‘‘(ii) the purchase or lease of zero-emis-
13 sion construction equipment and vehicles,
14 including the acquisition, construction, or
15 leasing of required supporting facilities;
16 ‘‘(K) a project described in section 149(b)(8)
17 for a diesel engine retrofit;
18 ‘‘(L) a project described in section 149(b)(5)
19 that does not result in the construction of new
20 capacity; and
21 ‘‘(M) a project that reduces transportation
22 emissions at port facilities, including through the
23 advancement of port electrification.
24 ‘‘(2) FLEXIBILITY.—In addition to the eligible
25 projects under paragraph (1), a State may use funds
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1 apportioned under section 104(b)(7) for a project eli-
2 gible under section 133(b) if the Secretary certifies
3 that the State has demonstrated a reduction in trans-
4 portation emissions—
5 ‘‘(A) as estimated on a per capita basis;
6 and
7 ‘‘(B) as estimated on a per unit of economic
8 output basis.
9 ‘‘(d) CARBON REDUCTION STRATEGY.—
10 ‘‘(1) IN GENERAL.—Not later than 2 years after
11 the date of enactment of the Surface Transportation
12 Reauthorization Act of 2021, a State, in consultation
13 with any metropolitan planning organization des-
14 ignated within the State, shall develop a carbon re-
15 duction strategy in accordance with this subsection.
16 ‘‘(2) REQUIREMENTS.—The carbon reduction
17 strategy of a State developed under paragraph (1)
18 shall—
19 ‘‘(A) support efforts to reduce transpor-
20 tation emissions;
21 ‘‘(B) identify projects and strategies to re-
22 duce transportation emissions, which may in-
23 clude projects and strategies for safe, reliable,
24 and cost-effective options—
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1 ‘‘(i) to reduce traffic congestion by fa-
2 cilitating the use of alternatives to single-oc-
3 cupant vehicle trips, including public trans-
4 portation facilities, pedestrian facilities, bi-
5 cycle facilities, and shared or pooled vehicle
6 trips within the State or an area served by
7 the applicable metropolitan planning orga-
8 nization, if any;
9 ‘‘(ii) to facilitate the use of vehicles or
10 modes of travel that result in lower trans-
11 portation emissions per person-mile traveled
12 as compared to existing vehicles and modes;
13 and
14 ‘‘(iii) to facilitate approaches to the
15 construction of transportation assets that
16 result in lower transportation emissions as
17 compared to existing approaches;
18 ‘‘(C) support the reduction of transportation
19 emissions of the State;
20 ‘‘(D) at the discretion of the State, quantify
21 the total carbon emissions from the production,
22 transport, and use of materials used in the con-
23 struction of transportation facilities within the
24 State; and
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1 ‘‘(E) be appropriate to the population den-
2 sity and context of the State, including any met-
3 ropolitan planning organization designated
4 within the State.
5 ‘‘(3) UPDATES.—The carbon reduction strategy
6 of a State developed under paragraph (1) shall be up-
7 dated not less frequently than once every 4 years.
8 ‘‘(4) REVIEW.—Not later than 90 days after the
9 date on which a State submits a request for the ap-
10 proval of a carbon reduction strategy developed by the
11 State under paragraph (1), the Secretary shall—
12 ‘‘(A) review the process used to develop the
13 carbon reduction strategy; and
14 ‘‘(B)(i) certify that the carbon reduction
15 strategy meets the requirements of paragraph
16 (2); or
17 ‘‘(ii) deny certification of the carbon reduc-
18 tion strategy and specify the actions necessary
19 for the State to take to correct the deficiencies in
20 the process of the State in developing the carbon
21 reduction strategy.
22 ‘‘(5) TECHNICAL ASSISTANCE.—At the request of
23 a State, the Secretary shall provide technical assist-
24 ance in the development of the carbon reduction strat-
25 egy under paragraph (1).
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1 ‘‘(e) SUBALLOCATION.—
2 ‘‘(1) IN GENERAL.—For each fiscal year, of the
3 funds apportioned to the State under section
4 104(b)(7)—
5 ‘‘(A) 65 percent shall be obligated, in pro-
6 portion to their relative shares of the population
7 of the State—
8 ‘‘(i) in urbanized areas of the State
9 with an urbanized area population of more
10 than 200,000;
11 ‘‘(ii) in urbanized areas of the State
12 with an urbanized population of not less
13 than 50,000 and not more than 200,000;
14 ‘‘(iii) in urban areas of the State with
15 a population of not less than 5,000 and not
16 more than 49,999; and
17 ‘‘(iv) in other areas of the State with
18 a population of less than 5,000; and
19 ‘‘(B) the remainder may be obligated in
20 any area of the State.
21 ‘‘(2) METROPOLITAN AREAS.—Funds attributed
22 to an urbanized area under paragraph (1)(A)(i) may
23 be obligated in the metropolitan area established
24 under section 134 that encompasses the urbanized
25 area.
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1 ‘‘(3) DISTRIBUTION AMONG URBANIZED AREAS
2 OF OVER 50,000 POPULATION.—
3 ‘‘(A) IN GENERAL.—Except as provided in
4 subparagraph (B), the amounts that a State is
5 required to obligate under clauses (i) and (ii) of
6 paragraph (1)(A) shall be obligated in urbanized
7 areas described in those clauses based on the rel-
8 ative population of the areas.
9 ‘‘(B) OTHER FACTORS.—The State may ob-
10 ligate the funds described in subparagraph (A)
11 based on other factors if—
12 ‘‘(i) the State and the relevant metro-
13 politan planning organizations jointly
14 apply to the Secretary for the permission to
15 base the obligation on other factors; and
16 ‘‘(ii) the Secretary grants the request.
17 ‘‘(4) COORDINATION IN URBANIZED AREAS.—Be-
18 fore obligating funds for an eligible project under sub-
19 section (c) in an urbanized area that is not a trans-
20 portation management area, a State shall coordinate
21 with any metropolitan planning organization that
22 represents the urbanized area prior to determining
23 which activities should be carried out under the
24 project.
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1 ‘‘(5) CONSULTATION IN RURAL AREAS.—Before
2 obligating funds for an eligible project under sub-
3 section (c) in a rural area, a State shall consult with
4 any regional transportation planning organization or
5 metropolitan planning organization that represents
6 the rural area prior to determining which activities
7 should be carried out under the project.
8 ‘‘(6) OBLIGATION AUTHORITY.—
9 ‘‘(A) IN GENERAL.—A State that is required
10 to obligate in an urbanized area with an urban-
11 ized area population of 50,000 or more under
12 this subsection funds apportioned to the State
13 under section 104(b)(7) shall make available
14 during the period of fiscal years 2022 through
15 2026 an amount of obligation authority distrib-
16 uted to the State for Federal-aid highways and
17 highway safety construction programs for use in
18 the area that is equal to the amount obtained by
19 multiplying—
20 ‘‘(i) the aggregate amount of funds that
21 the State is required to obligate in the area
22 under this subsection during the period; and
23 ‘‘(ii) the ratio that—
24 ‘‘(I) the aggregate amount of obli-
25 gation authority distributed to the
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1 State for Federal-aid highways and
2 highway safety construction programs
3 during the period; bears to
4 ‘‘(II) the total of the sums appor-
5 tioned to the State for Federal-aid
6 highways and highway safety construc-
7 tion programs (excluding sums not
8 subject to an obligation limitation)
9 during the period.
10 ‘‘(B) JOINT RESPONSIBILITY.—Each State,
11 each affected metropolitan planning organiza-
12 tion, and the Secretary shall jointly ensure com-
13 pliance with subparagraph (A).
14 ‘‘(f) FEDERAL SHARE.—The Federal share of the cost
15 of a project carried out using funds apportioned to a State
16 under section 104(b)(7) shall be determined in accordance
17 with section 120.
18 ‘‘(g) TREATMENT OF PROJECTS.—Notwithstanding
19 any other provision of law, a project assisted under this
20 section shall be treated as a project on a Federal-aid high-
21 way under this chapter.’’.
22 (b) CLERICAL AMENDMENT.—The analysis for chapter
23 1 of title 23, United States Code (as amended by section
24 11203(b)) is amended by inserting after the item relating
25 to section 174 the following:
‘‘175. Carbon reduction program.’’.
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1 SEC. 11404. CONGESTION RELIEF PROGRAM.
2 (a) IN GENERAL.—Section 129 of title 23, United
3 States Code, is amended by adding at the end the following:
4 ‘‘(d) CONGESTION RELIEF PROGRAM.—
5 ‘‘(1) DEFINITIONS.—In this subsection:
6 ‘‘(A) ELIGIBLE ENTITY.—The term ‘eligible
7 entity’ means any of the following:
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 ‘‘(ii) A metropolitan planning organi-
12 zation, city, or municipality, for the pur-
13 pose of carrying out a project in an urban-
14 ized area with a population of more than
15 1,000,000.
16 ‘‘(B) INTEGRATED CONGESTION MANAGE-
17 MENT SYSTEM.—The term ‘integrated congestion
18 management system’ means a system for the in-
19 tegration of management and operations of a re-
20 gional transportation system that includes, at a
21 minimum, traffic incident management, work
22 zone management, traffic signal timing, man-
23 aged lanes, real-time traveler information, and
24 active traffic management, in order to maximize
25 the capacity of all facilities and modes across the
26 applicable region.
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1 ‘‘(C) PROGRAM.—The term ‘program’
2 means the congestion relief program established
3 under paragraph (2).
4 ‘‘(2) ESTABLISHMENT.—The Secretary shall es-
5 tablish a congestion relief program to provide discre-
6 tionary grants to eligible entities to advance innova-
7 tive, integrated, and multimodal solutions to conges-
8 tion relief in the most congested metropolitan areas of
9 the United States.
10 ‘‘(3) PROGRAM GOALS.—The goals of the pro-
11 gram are to reduce highway congestion, reduce eco-
12 nomic and environmental costs associated with that
13 congestion, including transportation emissions, and
14 optimize existing highway capacity and usage of
15 highway and transit systems through—
16 ‘‘(A) improving intermodal integration with
17 highways, highway operations, and highway per-
18 formance;
19 ‘‘(B) reducing or shifting highway users to
20 off-peak travel times or to nonhighway travel
21 modes during peak travel times; and
22 ‘‘(C) pricing of, or based on, as applica-
23 ble—
24 ‘‘(i) parking;
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1 ‘‘(ii) use of roadways, including in
2 designated geographic zones; or
3 ‘‘(iii) congestion.
4 ‘‘(4) ELIGIBLE PROJECTS.—Funds from a grant
5 under the program may be used for a project or an
6 integrated collection of projects, including planning,
7 design, implementation, and construction activities,
8 to achieve the program goals under paragraph (3), in-
9 cluding—
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 vehi-
14 cle toll lanes, cordon pricing, parking pricing, or
15 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-de-
20 mand 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 ‘‘(5) APPLICATION; SELECTION.—
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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 under
7 the program, the Secretary shall give priority to
8 projects in urbanized areas that are experiencing
9 a high degree of recurrent congestion.
10 ‘‘(C) FEDERAL SHARE.—The Federal share
11 of the cost of a project carried out with a grant
12 under the program shall not exceed 80 percent of
13 the total project cost.
14 ‘‘(D) MINIMUM AWARD.—A grant provided
15 under the program shall be not less than
16 $10,000,000.
17 ‘‘(6) USE OF TOLLING.—
18 ‘‘(A) IN GENERAL.—Notwithstanding sub-
19 section (a)(1) and section 301 and subject to sub-
20 paragraphs (B) and (C), the Secretary shall
21 allow the use of tolls on the Interstate System as
22 part of a project carried out with a grant under
23 the program.
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1 ‘‘(B) REQUIREMENTS.—The Secretary may
2 only approve the use of tolls under subparagraph
3 (A) if—
4 ‘‘(i) the eligible entity has authority
5 under State, and if applicable, local, law to
6 assess the applicable toll;
7 ‘‘(ii) the maximum toll rate for any
8 vehicle class is not greater than the product
9 obtained by multiplying—
10 ‘‘(I) the toll rate for any other ve-
11 hicle class; and
12 ‘‘(II) 5;
13 ‘‘(iii) the toll rates are not charged or
14 varied on the basis of State residency;
15 ‘‘(iv) the Secretary determines that the
16 use of tolls will enable the eligible entity to
17 achieve the program goals under paragraph
18 (3) without a significant impact to safety
19 or mobility within the urbanized area in
20 which the project is located; and
21 ‘‘(v) the use of toll revenues complies
22 with subsection (a)(3).
23 ‘‘(C) LIMITATION.—The Secretary may not
24 approve the use of tolls on the Interstate System
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1 under the program in more than 10 urbanized
2 areas.
3 ‘‘(7) FINANCIAL EFFECTS ON LOW-INCOME DRIV-
4 ERS.—A project under the program—
5 ‘‘(A) shall include, if appropriate, an anal-
6 ysis of the potential effects of the project on low-
7 income drivers; and
8 ‘‘(B) may include mitigation measures to
9 deal with any potential adverse financial effects
10 on low-income drivers.’’.
11 (b) HIGH OCCUPANCY VEHICLE USE OF CERTAIN
12 TOLL FACILITIES.—Section 129(a) of title 23, United
13 States Code, is amended—
14 (1) by redesignating paragraph (10) as para-
15 graph (11); and
16 (2) by inserting after paragraph (9) the fol-
17 lowing:
18 ‘‘(10) HIGH OCCUPANCY VEHICLE USE OF CER-
19 TAIN TOLL FACILITIES.—Notwithstanding section
20 102(a), in the case of a toll facility that is on the
21 Interstate System and that is constructed or converted
22 after the date of enactment of the Surface Transpor-
23 tation Reauthorization Act of 2021, the public author-
24 ity with jurisdiction over the toll facility shall allow
25 high occupancy vehicles, transit, and paratransit ve-
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1 hicles to use the facility at a discount rate or without
2 charge, unless the public authority, in consultation
3 with the Secretary, determines that the number of
4 those vehicles using the facility reduces the travel time
5 reliability of the facility.’’.
6 SEC. 11405. PROMOTING RESILIENT OPERATIONS FOR
7 TRANSFORMATIVE, EFFICIENT, AND COST-
8 SAVING TRANSPORTATION (PROTECT) PRO-
9 GRAM.
10 (a) IN GENERAL.—Chapter 1 of title 23, United States
11 Code (as amended by section 11403(a)), is amended by add-
12 ing at the end the following:
13 ‘‘§ 176. Promoting Resilient Operations for Trans-
14 formative, Efficient, and Cost-saving
15 Transportation (PROTECT) program
16 ‘‘(a) DEFINITIONS.—In this section:
17 ‘‘(1) EMERGENCY EVENT.—The term ‘emergency
18 event’ means a natural disaster or catastrophic fail-
19 ure resulting in—
20 ‘‘(A) an emergency declared by the Governor
21 of the State in which the disaster or failure oc-
22 curred; or
23 ‘‘(B) an emergency or disaster declared by
24 the President.
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1 ‘‘(2) EVACUATION ROUTE.—The term ‘evacuation
2 route’ means a transportation route or system that—
3 ‘‘(A) is owned, operated, or maintained by
4 a Federal, State, Tribal, or local government;
5 ‘‘(B) is used—
6 ‘‘(i) to transport the public away from
7 emergency events; or
8 ‘‘(ii) to transport emergency responders
9 and recovery resources; and
10 ‘‘(C) is designated by the eligible entity
11 with jurisdiction over the area in which the
12 route is located for the purposes described in sub-
13 paragraph (B).
14 ‘‘(3) PROGRAM.—The term ‘program’ means the
15 program established under subsection (b)(1).
16 ‘‘(4) RESILIENCE IMPROVEMENT.—The term ‘re-
17 silience improvement’ means the use of materials or
18 structural or nonstructural techniques, including nat-
19 ural infrastructure—
20 ‘‘(A) that allow a project—
21 ‘‘(i) to better anticipate, prepare for,
22 and adapt to changing conditions and to
23 withstand and respond to disruptions; and
24 ‘‘(ii) to be better able to continue to
25 serve the primary function of the project
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1 during and after weather events and nat-
2 ural disasters for the expected life of the
3 project; or
4 ‘‘(B) that—
5 ‘‘(i) reduce the magnitude and dura-
6 tion of impacts of current and future weath-
7 er events and natural disasters to a project;
8 or
9 ‘‘(ii) have the absorptive capacity,
10 adaptive capacity, and recoverability to de-
11 crease project vulnerability to current and
12 future weather events or natural disasters.
13 ‘‘(b) ESTABLISHMENT.—
14 ‘‘(1) IN GENERAL.—The Secretary shall establish
15 a program, to be known as the ‘Promoting Resilient
16 Operations for Transformative, Efficient, and Cost-
17 saving Transportation program’ or the ‘PROTECT
18 program’.
19 ‘‘(2) PURPOSE.—The purpose of the program is
20 to provide grants for resilience improvements
21 through—
22 ‘‘(A) formula funding distributed to States
23 to carry out subsection (c);
24 ‘‘(B) competitive planning grants to enable
25 communities to assess vulnerabilities to current
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1 and future weather events and natural disasters
2 and changing conditions, including sea level rise,
3 and plan transportation improvements and
4 emergency response strategies to address those
5 vulnerabilities; and
6 ‘‘(C) competitive resilience improvement
7 grants to protect—
8 ‘‘(i) surface transportation assets by
9 making the assets more resilient to current
10 and future weather events and natural dis-
11 asters, such as severe storms, flooding,
12 drought, levee and dam failures, wildfire,
13 rockslides, mudslides, sea level rise, extreme
14 weather, including extreme temperature,
15 and earthquakes;
16 ‘‘(ii) communities through resilience
17 improvements and strategies that allow for
18 the continued operation or rapid recovery of
19 surface transportation systems that—
20 ‘‘(I) serve critical local, regional,
21 and national needs, including evacu-
22 ation routes; and
23 ‘‘(II) provide access or service to
24 hospitals and other medical or emer-
25 gency service facilities, major employ-
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1 ers, critical manufacturing centers,
2 ports and intermodal facilities, utili-
3 ties, and Federal facilities;
4 ‘‘(iii) coastal infrastructure, such as a
5 tide gate to protect highways, that is at
6 long-term risk to sea level rise; and
7 ‘‘(iv) natural infrastructure that pro-
8 tects and enhances surface transportation
9 assets while improving ecosystem condi-
10 tions, including culverts that ensure ade-
11 quate flows in rivers and estuarine systems.
12 ‘‘(c) ELIGIBLE ACTIVITIES FOR APPORTIONED FUND-
13 ING.—
14 ‘‘(1) IN GENERAL.—Except as provided in para-
15 graph (2), funds apportioned to the State under sec-
16 tion 104(b)(8) shall be obligated for activities eligible
17 under subparagraph (A), (B), or (C) of subsection
18 (d)(4).
19 ‘‘(2) PLANNING SET-ASIDE.—Of the funds appor-
20 tioned to a State under section 104(b)(8) for each fis-
21 cal year, not less than 2 percent shall be for activities
22 described in subsection (d)(3).
23 ‘‘(3) REQUIREMENTS.—
24 ‘‘(A) PROJECTS IN CERTAIN AREAS.—If a
25 project under this subsection is carried out, in
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1 whole or in part, within a base floodplain, the
2 State shall—
3 ‘‘(i) identify the base floodplain in
4 which the project is to be located and dis-
5 close that information to the Secretary; and
6 ‘‘(ii) indicate to the Secretary whether
7 the State plans to implement 1 or more
8 components of the risk mitigation plan
9 under section 322 of the Robert T. Stafford
10 Disaster Relief and Emergency Assistance
11 Act (42 U.S.C. 5165) with respect to the
12 area.
13 ‘‘(B) ELIGIBILITIES.—A State shall use
14 funds apportioned to the State under section
15 104(b)(8) for—
16 ‘‘(i) a highway project eligible for as-
17 sistance under this title;
18 ‘‘(ii) a public transportation facility
19 or service eligible for assistance under chap-
20 ter 53 of title 49; or
21 ‘‘(iii) a port facility, including a facil-
22 ity that—
23 ‘‘(I) connects a port to other
24 modes of transportation;
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1 ‘‘(II) improves the efficiency of
2 evacuations and disaster relief; or
3 ‘‘(III) aids transportation.
4 ‘‘(C) SYSTEM RESILIENCE.—A project car-
5 ried out by a State with funds apportioned to
6 the State under section 104(b)(8) may include
7 the use of natural infrastructure or the construc-
8 tion or modification of storm surge, flood protec-
9 tion, or aquatic ecosystem restoration elements
10 that are functionally connected to a transpor-
11 tation improvement, such as—
12 ‘‘(i) increasing marsh health and total
13 area adjacent to a highway right-of-way to
14 promote additional flood storage;
15 ‘‘(ii) upgrades to and installation of
16 culverts designed to withstand 100-year
17 flood events;
18 ‘‘(iii) upgrades to and installation of
19 tide gates to protect highways;
20 ‘‘(iv) upgrades to and installation of
21 flood gates to protect tunnel entrances; and
22 ‘‘(v) improving functionality and resil-
23 iency of stormwater controls, including in-
24 ventory inspections, upgrades to, and pres-
25 ervation of best management practices to
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1 protect surface transportation infrastruc-
2 ture.
3 ‘‘(D) FEDERAL COST SHARE.—
4 ‘‘(i) IN GENERAL.—Except as provided
5 in subsection (e)(1), the Federal share of the
6 cost of a project carried out using funds ap-
7 portioned to the State under section
8 104(b)(8) shall not exceed 80 percent of the
9 total project cost.
10 ‘‘(ii) NON-FEDERAL SHARE.—A State
11 may use Federal funds other than Federal
12 funds apportioned to the State under sec-
13 tion 104(b)(8) to meet the non-Federal cost
14 share requirement for a project under this
15 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 apportioned to the State under section
21 104(b)(8) may include the costs of—
22 ‘‘(I) development phase activities,
23 including planning, feasibility anal-
24 ysis, revenue forecasting, environ-
25 mental review, preliminary engineer-
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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 apportioned to the State
16 under section 104(b)(8), eligible costs may
17 include development phase activities, in-
18 cluding planning, feasibility analysis, rev-
19 enue forecasting, environmental review, pre-
20 liminary engineering and design work,
21 other preconstruction activities, and other
22 activities consistent with carrying out the
23 purposes of subsection (d)(3).
24 ‘‘(F) LIMITATIONS.—A State—
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1 ‘‘(i) may use not more than 40 percent
2 of the amounts apportioned to the State
3 under section 104(b)(8) for the construction
4 of new capacity; and
5 ‘‘(ii) may use not more than 10 per-
6 cent of the amounts apportioned to the
7 State under section 104(b)(8) for activities
8 described in subparagraph (E)(i)(I).
9 ‘‘(d) COMPETITIVE AWARDS.—
10 ‘‘(1) IN GENERAL.—In addition to funds appor-
11 tioned to States under section 104(b)(8) to carry out
12 activities under subsection (c), the Secretary shall
13 provide grants on a competitive basis under this sub-
14 section to eligible entities described in paragraph (2).
15 ‘‘(2) ELIGIBLE ENTITIES.—Except as provided
16 in paragraph (4)(C), the Secretary may make a grant
17 under this subsection to any of the following:
18 ‘‘(A) A State or political subdivision of a
19 State.
20 ‘‘(B) A metropolitan planning organization.
21 ‘‘(C) A unit of local government.
22 ‘‘(D) A special purpose district or public
23 authority with a transportation function, includ-
24 ing a port authority.
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1 ‘‘(E) An Indian tribe (as defined in section
2 207(m)(1)).
3 ‘‘(F) A Federal land management agency
4 that applies jointly with a State or group of
5 States.
6 ‘‘(G) A multi-State or multijurisdictional
7 group of entities described in subparagraphs (A)
8 through (F).
9 ‘‘(3) PLANNING GRANTS.—Using funds made
10 available under this subsection, the Secretary shall
11 provide planning grants to eligible entities for the
12 purpose of—
13 ‘‘(A) in the case of a State or metropolitan
14 planning organization, developing a resilience
15 improvement plan under subsection (e)(2);
16 ‘‘(B) resilience planning, predesign, design,
17 or the development of data tools to simulate
18 transportation disruption scenarios, including
19 vulnerability assessments;
20 ‘‘(C) technical capacity building by the eli-
21 gible entity to facilitate the ability of the eligible
22 entity to assess the vulnerabilities of the surface
23 transportation assets and community response
24 strategies of the eligible entity under current con-
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1 ditions and a range of potential future condi-
2 tions; or
3 ‘‘(D) evacuation planning and preparation.
4 ‘‘(4) RESILIENCE GRANTS.—
5 ‘‘(A) RESILIENCE IMPROVEMENT GRANTS.—
6 ‘‘(i) IN GENERAL.—Using funds made
7 available under this subsection, the Sec-
8 retary shall provide resilience improvement
9 grants to eligible entities to carry out 1 or
10 more eligible activities under clause (ii).
11 ‘‘(ii) ELIGIBLE ACTIVITIES.—
12 ‘‘(I) IN GENERAL.—An eligible en-
13 tity may use a resilience improvement
14 grant under this subparagraph for 1 or
15 more construction activities to improve
16 the ability of an existing surface trans-
17 portation asset to withstand 1 or more
18 elements of a weather event or natural
19 disaster, or to increase the resilience of
20 surface transportation infrastructure
21 from the impacts of changing condi-
22 tions, such as sea level rise, flooding,
23 wildfires, extreme weather events, and
24 other natural disasters.
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1 ‘‘(II) INCLUSIONS.—An activity
2 eligible to be carried out under this
3 subparagraph includes—
4 ‘‘(aa) resurfacing, restora-
5 tion, rehabilitation, reconstruc-
6 tion, replacement, improvement,
7 or realignment of an existing sur-
8 face transportation facility eligi-
9 ble for assistance under this title;
10 ‘‘(bb) the incorporation of
11 natural infrastructure;
12 ‘‘(cc) the upgrade of an exist-
13 ing surface transportation facility
14 to meet or exceed a design stand-
15 ard adopted by the Federal High-
16 way Administration;
17 ‘‘(dd) the installation of
18 mitigation measures that prevent
19 the intrusion of floodwaters into
20 surface transportation systems;
21 ‘‘(ee) strengthening systems
22 that remove rainwater from sur-
23 face transportation facilities;
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1 ‘‘(ff) upgrades to and instal-
2 lation of structural stormwater
3 controls;
4 ‘‘(gg) a resilience project that
5 addresses identified vulnerabilities
6 described in the resilience im-
7 provement plan of the eligible en-
8 tity, if applicable;
9 ‘‘(hh) relocating roadways in
10 a base floodplain to higher ground
11 above projected flood elevation lev-
12 els, or away from slide prone
13 areas;
14 ‘‘(ii) stabilizing slide areas
15 or slopes;
16 ‘‘(jj) installing riprap;
17 ‘‘(kk) lengthening or raising
18 bridges to increase waterway
19 openings, including to respond to
20 extreme weather;
21 ‘‘(ll) increasing the size or
22 number of drainage structures;
23 ‘‘(mm) installing seismic ret-
24 rofits on bridges;
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1 ‘‘(nn) adding scour protec-
2 tion at bridges;
3 ‘‘(oo) adding scour, stream
4 stability, coastal, and other hy-
5 draulic countermeasures, includ-
6 ing spur dikes;
7 ‘‘(pp) vegetation manage-
8 ment practices in transportation
9 rights-of-way to improve roadway
10 safety, prevent against invasive
11 species, facilitate wildfire control,
12 and provide erosion control; and
13 ‘‘(qq) any other protective
14 features, including natural infra-
15 structure, as determined by the
16 Secretary.
17 ‘‘(iii) PRIORITY.—The Secretary shall
18 prioritize a resilience improvement grant to
19 an eligible entity if—
20 ‘‘(I) the Secretary determines—
21 ‘‘(aa) the benefits of the eligi-
22 ble activity proposed to be carried
23 out by the eligible entity exceed
24 the costs of the activity; and
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1 ‘‘(bb) there is a need to ad-
2 dress the vulnerabilities of surface
3 transportation assets of the eligi-
4 ble entity with a high risk of, and
5 impacts associated with, failure
6 due to the impacts of weather
7 events, natural disasters, or
8 changing conditions, such as sea
9 level rise, wildfires, and increased
10 flood risk; or
11 ‘‘(II) the eligible activity proposed
12 to be carried out by the eligible entity
13 is included in the applicable resilience
14 improvement plan under subsection
15 (e)(2).
16 ‘‘(B) COMMUNITY RESILIENCE AND EVACU-
17 ATION ROUTE GRANTS.—
18 ‘‘(i) IN GENERAL.—Using funds made
19 available under this subsection, the Sec-
20 retary shall provide community resilience
21 and evacuation route grants to eligible enti-
22 ties to carry out 1 or more eligible activities
23 under clause (ii).
24 ‘‘(ii) ELIGIBLE ACTIVITIES.—An eligi-
25 ble entity may use a community resilience
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1 and evacuation route grant under this sub-
2 paragraph for 1 or more projects that
3 strengthen and protect evacuation routes
4 that are essential for providing and sup-
5 porting evacuations caused by emergency
6 events, including a project that—
7 ‘‘(I) is an eligible activity under
8 subparagraph (A)(ii), if that eligible
9 activity will improve an evacuation
10 route;
11 ‘‘(II) ensures the ability of the
12 evacuation route to provide safe pas-
13 sage during an evacuation and reduces
14 the risk of damage to evacuation routes
15 as a result of future emergency events,
16 including restoring or replacing exist-
17 ing evacuation routes that are in poor
18 condition or not designed to meet the
19 anticipated demand during an emer-
20 gency event, and including steps to
21 protect routes from mud, rock, or other
22 debris slides;
23 ‘‘(III) if the eligible entity notifies
24 the Secretary that existing evacuation
25 routes are not sufficient to adequately
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1 facilitate evacuations, including the
2 transportation of emergency responders
3 and recovery resources, expands the ca-
4 pacity of evacuation routes to swiftly
5 and safely accommodate evacuations,
6 including installation of—
7 ‘‘(aa) communications and
8 intelligent transportation system
9 equipment and infrastructure;
10 ‘‘(bb) counterflow measures;
11 or
12 ‘‘(cc) shoulders;
13 ‘‘(IV) is for the construction of
14 new or redundant evacuation routes, if
15 the eligible entity notifies the Secretary
16 that existing evacuation routes are not
17 sufficient to adequately facilitate evac-
18 uations, including the transportation
19 of emergency responders and recovery
20 resources;
21 ‘‘(V) is for the acquisition of evac-
22 uation route or traffic incident man-
23 agement equipment or signage; or
24 ‘‘(VI) will ensure access or service
25 to critical destinations, including hos-
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1 pitals and other medical or emergency
2 service facilities, major employers, crit-
3 ical manufacturing centers, ports and
4 intermodal facilities, utilities, and
5 Federal facilities.
6 ‘‘(iii) PRIORITY.—The Secretary shall
7 prioritize community resilience and evacu-
8 ation route grants under this subparagraph
9 for eligible activities that are cost-effective,
10 as determined by the Secretary, taking into
11 account—
12 ‘‘(I) current and future
13 vulnerabilities to an evacuation route
14 due to future occurrence or recurrence
15 of emergency events that are likely to
16 occur in the geographic area in which
17 the evacuation route is located; and
18 ‘‘(II) projected changes in develop-
19 ment patterns, demographics, and ex-
20 treme weather events based on the best
21 available evidence and analysis.
22 ‘‘(iv) CONSULTATION.—In providing
23 grants for community resilience and evacu-
24 ation routes under this subparagraph, the
25 Secretary may consult with the Adminis-
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1 trator of the Federal Emergency Manage-
2 ment Agency, who may provide technical
3 assistance to the Secretary and to eligible
4 entities.
5 ‘‘(C) AT-RISK COASTAL INFRASTRUCTURE
6 GRANTS.—
7 ‘‘(i) DEFINITION OF ELIGIBLE ENTI-
8 TY.—In this subparagraph, the term ‘eligi-
9 ble entity’ means any of the following:
10 ‘‘(I) A State (including the
11 United States Virgin Islands, Guam,
12 American Samoa, and the Common-
13 wealth of the Northern Mariana Is-
14 lands) in, or bordering on, the Atlan-
15 tic, Pacific, or Arctic Ocean, the Gulf
16 of Mexico, Long Island Sound, or 1 or
17 more of the Great Lakes.
18 ‘‘(II) A political subdivision of a
19 State described in subclause (I).
20 ‘‘(III) A metropolitan planning
21 organization in a State described in
22 subclause (I).
23 ‘‘(IV) A unit of local government
24 in a State described in subclause (I).
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1 ‘‘(V) A special purpose district or
2 public authority with a transportation
3 function, including a port authority,
4 in a State described in subclause (I).
5 ‘‘(VI) An Indian tribe in a State
6 described in subclause (I).
7 ‘‘(VII) A Federal land manage-
8 ment agency that applies jointly with
9 a State or group of States described in
10 subclause (I).
11 ‘‘(VIII) A multi-State or multi-
12 jurisdictional group of entities de-
13 scribed in subclauses (I) through (VII).
14 ‘‘(ii) GRANTS.—Using funds made
15 available under this subsection, the Sec-
16 retary shall provide at-risk coastal infra-
17 structure grants to eligible entities to carry
18 out 1 or more eligible activities under clause
19 (iii).
20 ‘‘(iii) ELIGIBLE ACTIVITIES.—An eligi-
21 ble entity may use an at-risk coastal infra-
22 structure grant under this subparagraph for
23 strengthening, stabilizing, hardening, ele-
24 vating, relocating, or otherwise enhancing
25 the resilience of highway and non-rail in-
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1 frastructure, including bridges, roads, pe-
2 destrian walkways, and bicycle lanes, and
3 associated infrastructure, such as culverts
4 and tide gates to protect highways, that are
5 subject to, or face increased long-term future
6 risks of, a weather event, a natural disaster,
7 or changing conditions, including coastal
8 flooding, coastal erosion, wave action, storm
9 surge, or sea level rise, in order to improve
10 transportation and public safety and to re-
11 duce costs by avoiding larger future mainte-
12 nance or rebuilding costs.
13 ‘‘(iv) CRITERIA.—The Secretary shall
14 provide at-risk coastal infrastructure grants
15 under this subparagraph for a project—
16 ‘‘(I) that addresses the risks from
17 a current or future weather event or
18 natural disaster, including coastal
19 flooding, coastal erosion, wave action,
20 storm surge, or sea level change; and
21 ‘‘(II) that reduces long-term infra-
22 structure costs by avoiding larger fu-
23 ture maintenance or rebuilding costs.
24 ‘‘(v) COASTAL BENEFITS.—In addition
25 to the criteria under clause (iv), for the pur-
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1 pose of providing at-risk coastal infrastruc-
2 ture grants under this subparagraph, the
3 Secretary shall evaluate the extent to which
4 a project will provide—
5 ‘‘(I) access to coastal homes, busi-
6 nesses, communities, and other critical
7 infrastructure, including access by first
8 responders and other emergency per-
9 sonnel; or
10 ‘‘(II) access to a designated evacu-
11 ation route.
12 ‘‘(5) GRANT REQUIREMENTS.—
13 ‘‘(A) SOLICITATIONS FOR GRANTS.—In pro-
14 viding grants under this subsection, the Sec-
15 retary shall conduct a transparent and competi-
16 tive national solicitation process to select eligible
17 projects to receive grants under paragraph (3)
18 and subparagraphs (A), (B), and (C) of para-
19 graph (4).
20 ‘‘(B) APPLICATIONS.—
21 ‘‘(i) IN GENERAL.—To be eligible to re-
22 ceive a grant under paragraph (3) or sub-
23 paragraph (A), (B), or (C) of paragraph
24 (4), an eligible entity shall submit to the
25 Secretary an application in such form, at
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1 such time, and containing such information
2 as the Secretary determines to be necessary.
3 ‘‘(ii) PROJECTS IN CERTAIN AREAS.—
4 If a project is proposed to be carried out by
5 the eligible entity, in whole or in part,
6 within a base floodplain, the eligible entity
7 shall—
8 ‘‘(I) as part of the application,
9 identify the floodplain in which the
10 project is to be located and disclose
11 that information to the Secretary; and
12 ‘‘(II) indicate in the application
13 whether, if selected, the eligible entity
14 will implement 1 or more components
15 of the risk mitigation plan under sec-
16 tion 322 of the Robert T. Stafford Dis-
17 aster Relief and Emergency Assistance
18 Act (42 U.S.C. 5165) with respect to
19 the area.
20 ‘‘(C) ELIGIBILITIES.—The Secretary may
21 make a grant under paragraph (3) or subpara-
22 graph (A), (B), or (C) of paragraph (4) only
23 for—
24 ‘‘(i) a highway project eligible for as-
25 sistance under this title;
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1 ‘‘(ii) a public transportation facility
2 or service eligible for assistance under chap-
3 ter 53 of title 49;
4 ‘‘(iii) a facility or service for intercity
5 rail passenger transportation (as defined in
6 section 24102 of title 49); or
7 ‘‘(iv) a port facility, including a facil-
8 ity that—
9 ‘‘(I) connects a port to other
10 modes of transportation;
11 ‘‘(II) improves the efficiency of
12 evacuations and disaster relief; or
13 ‘‘(III) aids transportation.
14 ‘‘(D) SYSTEM RESILIENCE.—A project for
15 which a grant is provided under paragraph (3)
16 or subparagraph (A), (B), or (C) of paragraph
17 (4) may include the use of natural infrastructure
18 or the construction or modification of storm
19 surge, flood protection, or aquatic ecosystem res-
20 toration elements that the Secretary determines
21 are functionally connected to a transportation
22 improvement, such as—
23 ‘‘(i) increasing marsh health and total
24 area adjacent to a highway right-of-way to
25 promote additional flood storage;
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1 ‘‘(ii) upgrades to and installing of cul-
2 verts designed to withstand 100-year flood
3 events;
4 ‘‘(iii) upgrades to and installation of
5 tide gates to protect highways; and
6 ‘‘(iv) upgrades to and installation of
7 flood gates to protect tunnel entrances.
8 ‘‘(E) FEDERAL COST SHARE.—
9 ‘‘(i) PLANNING GRANT.—The Federal
10 share of the cost of a planning activity car-
11 ried out using a planning grant under
12 paragraph (3) shall be 100 percent.
13 ‘‘(ii) RESILIENCE GRANTS.—
14 ‘‘(I) IN GENERAL.—Except as pro-
15 vided in subclause (II) and subsection
16 (e)(1), the Federal share of the cost of
17 a project carried out using a grant
18 under subparagraph (A), (B), or (C) of
19 paragraph (4) shall not exceed 80 per-
20 cent of the total project cost.
21 ‘‘(II) TRIBAL PROJECTS.—On the
22 determination of the Secretary, the
23 Federal share of the cost of a project
24 carried out using a grant under sub-
25 paragraph (A), (B), or (C) of para-
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1 graph (4) by an Indian tribe (as de-
2 fined in section 207(m)(1)) may be up
3 to 100 percent.
4 ‘‘(iii) NON-FEDERAL SHARE.—The eli-
5 gible entity may use Federal funds other
6 than Federal funds provided under this sub-
7 section to meet the non-Federal cost share
8 requirement for a project carried out with a
9 grant under this subsection.
10 ‘‘(F) ELIGIBLE PROJECT COSTS.—
11 ‘‘(i) RESILIENCE GRANT PROJECTS.—
12 Eligible project costs for activities funded
13 with a grant under subparagraph (A), (B),
14 or (C) of paragraph (4) may include the
15 costs of—
16 ‘‘(I) development phase activities,
17 including planning, feasibility anal-
18 ysis, revenue forecasting, environ-
19 mental review, preliminary engineer-
20 ing and design work, and other
21 preconstruction activities; and
22 ‘‘(II) construction, reconstruction,
23 rehabilitation, and acquisition of real
24 property (including land related to the
25 project and improvements to land), en-
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1 vironmental mitigation, construction
2 contingencies, acquisition of equipment
3 directly related to improving system
4 performance, and operational improve-
5 ments.
6 ‘‘(ii) PLANNING GRANTS.—Eligible
7 project costs for activities funded with a
8 grant under paragraph (3) may include the
9 costs of development phase activities, in-
10 cluding planning, feasibility analysis, rev-
11 enue forecasting, environmental review, pre-
12 liminary engineering and design work,
13 other preconstruction activities, and other
14 activities consistent with carrying out the
15 purposes of that paragraph.
16 ‘‘(G) LIMITATIONS.—
17 ‘‘(i) IN GENERAL.—An eligible entity
18 that receives a grant under subparagraph
19 (A), (B), or (C) of paragraph (4)—
20 ‘‘(I) may use not more than 40
21 percent of the amount of the grant for
22 the construction of new capacity; and
23 ‘‘(II) may use not more than 10
24 percent of the amount of the grant for
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1 activities described in subparagraph
2 (F)(i)(I).
3 ‘‘(ii) LIMIT ON CERTAIN ACTIVITIES.—
4 For each fiscal year, not more than 25 per-
5 cent of the total amount provided under this
6 subsection may be used for projects de-
7 scribed in subparagraph (C)(iii).
8 ‘‘(H) DISTRIBUTION OF GRANTS.—
9 ‘‘(i) IN GENERAL.—Subject to the
10 availability of funds, an eligible entity may
11 request and the Secretary may distribute
12 funds for a grant under this subsection on
13 a multiyear basis, as the Secretary deter-
14 mines to be necessary.
15 ‘‘(ii) RURAL SET-ASIDE.—Of the
16 amounts made available to carry out this
17 subsection for each fiscal year, the Secretary
18 shall use not less than 25 percent for grants
19 for projects located in areas that are outside
20 an urbanized area with a population of
21 over 200,000.
22 ‘‘(iii) TRIBAL SET-ASIDE.—Of the
23 amounts made available to carry out this
24 subsection for each fiscal year, the Secretary
25 shall use not less than 2 percent for grants
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1 to Indian tribes (as defined in section
2 207(m)(1)).
3 ‘‘(iv) REALLOCATION.—For any fiscal
4 year, if the Secretary determines that the
5 amount described in clause (ii) or (iii) will
6 not be fully utilized for the grant described
7 in that clause, the Secretary may reallocate
8 the unutilized funds to provide grants to
9 other eligible entities under this subsection.
10 ‘‘(6) CONSULTATION.—In carrying out this sub-
11 section, the Secretary shall—
12 ‘‘(A) consult with the Assistant Secretary of
13 the Army for Civil Works, the Administrator of
14 the Environmental Protection Agency, the Sec-
15 retary of the Interior, and the Secretary of Com-
16 merce; and
17 ‘‘(B) solicit technical support from the Ad-
18 ministrator of the Federal Emergency Manage-
19 ment Agency.
20 ‘‘(7) GRANT ADMINISTRATION.—The Secretary
21 may—
22 ‘‘(A) retain not more than a total of 5 per-
23 cent of the funds made available to carry out
24 this subsection and to review applications for
25 grants under this subsection; and
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1 ‘‘(B) transfer portions of the funds retained
2 under subparagraph (A) to the relevant Admin-
3 istrators to fund the award and oversight of
4 grants provided under this subsection.
5 ‘‘(e) RESILIENCE IMPROVEMENT PLAN AND LOWER
6 NON-FEDERAL SHARE.—
7 ‘‘(1) FEDERAL SHARE REDUCTIONS.—
8 ‘‘(A) IN GENERAL.—A State that receives
9 funds apportioned to the State under section
10 104(b)(8) or an eligible entity that receives a
11 grant under subsection (d) shall have the non-
12 Federal share of a project carried out with the
13 funds or grant, as applicable, reduced by an
14 amount described in subparagraph (B) if the
15 State or eligible entity meets the applicable re-
16 quirements under that subparagraph.
17 ‘‘(B) AMOUNT OF REDUCTIONS.—
18 ‘‘(i) RESILIENCE IMPROVEMENT
19 PLAN.—Subject to clause (iii), the amount
20 of the non-Federal share of the costs of a
21 project carried out with funds apportioned
22 to a State under section 104(b)(8) or a
23 grant under subsection (d) shall be reduced
24 by 7 percentage points if—
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1 ‘‘(I) in the case of a State or an
2 eligible entity that is a State or a met-
3 ropolitan planning organization, the
4 State or eligible entity has—
5 ‘‘(aa) developed a resilience
6 improvement plan in accordance
7 with this subsection; and
8 ‘‘(bb) prioritized the project
9 on that resilience improvement
10 plan; and
11 ‘‘(II) in the case of an eligible en-
12 tity not described in subclause (I), the
13 eligible entity is located in a State or
14 an area served by a metropolitan plan-
15 ning organization that has—
16 ‘‘(aa) developed a resilience
17 improvement plan in accordance
18 with this subsection; and
19 ‘‘(bb) prioritized the project
20 on that resilience improvement
21 plan.
22 ‘‘(ii) INCORPORATION OF RESILIENCE
23 IMPROVEMENT PLAN IN OTHER PLANNING.—
24 Subject to clause (iii), the amount of the
25 non-Federal share of the cost of a project
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1 carried out with funds under subsection (c)
2 or a grant under subsection (d) shall be re-
3 duced by 3 percentage points if—
4 ‘‘(I) in the case of a State or an
5 eligible entity that is a State or a met-
6 ropolitan planning organization, the
7 resilience improvement plan developed
8 in accordance with this subsection has
9 been incorporated into the metropoli-
10 tan transportation plan under section
11 134 or the long-range statewide trans-
12 portation plan under section 135, as
13 applicable; and
14 ‘‘(II) in the case of an eligible en-
15 tity not described in subclause (I), the
16 eligible entity is located in a State or
17 an area served by a metropolitan plan-
18 ning organization that incorporated a
19 resilience improvement plan into the
20 metropolitan transportation plan
21 under section 134 or the long-range
22 statewide transportation plan under
23 section 135, as applicable.
24 ‘‘(iii) LIMITATIONS.—
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1 ‘‘(I) MAXIMUM REDUCTION.—A
2 State or eligible entity may not receive
3 a reduction under this paragraph of
4 more than 10 percentage points for
5 any single project carried out with
6 funds under subsection (c) or a grant
7 under subsection (d).
8 ‘‘(II) NO NEGATIVE NON-FEDERAL
9 SHARE.—A reduction under this para-
10 graph shall not reduce the non-Federal
11 share of the costs of a project carried
12 out with funds under subsection (c) or
13 a grant under subsection (d) to an
14 amount that is less than zero.
15 ‘‘(2) PLAN CONTENTS.—A resilience improve-
16 ment plan referred to in paragraph (1)—
17 ‘‘(A) shall be for the immediate and long-
18 range planning activities and investments of the
19 State or metropolitan planning organization
20 with respect to resilience of the surface transpor-
21 tation system within the boundaries of the State
22 or metropolitan planning organization, as appli-
23 cable;
24 ‘‘(B) shall demonstrate a systemic approach
25 to surface transportation system resilience and
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1 be consistent with and complementary of the
2 State and local mitigation plans required under
3 section 322 of the Robert T. Stafford Disaster
4 Relief and Emergency Assistance Act (42 U.S.C.
5 5165);
6 ‘‘(C) shall include a risk-based assessment of
7 vulnerabilities of transportation assets and sys-
8 tems to current and future weather events and
9 natural disasters, such as severe storms, flooding,
10 drought, levee and dam failures, wildfire, rock-
11 slides, mudslides, sea level rise, extreme weather,
12 including extreme temperatures, and earth-
13 quakes;
14 ‘‘(D) may—
15 ‘‘(i) designate evacuation routes and
16 strategies, including multimodal facilities,
17 designated with consideration for individ-
18 uals without access to personal vehicles;
19 ‘‘(ii) plan for response to anticipated
20 emergencies, including plans for the mobil-
21 ity of—
22 ‘‘(I) emergency response personnel
23 and equipment; and
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1 ‘‘(II) access to emergency services,
2 including for vulnerable or disadvan-
3 taged populations;
4 ‘‘(iii) describe the resilience improve-
5 ment policies, including strategies, land-use
6 and zoning changes, investments in natural
7 infrastructure, or performance measures
8 that will inform the transportation invest-
9 ment decisions of the State or metropolitan
10 planning organization with the goal of in-
11 creasing resilience;
12 ‘‘(iv) include an investment plan
13 that—
14 ‘‘(I) includes a list of priority
15 projects; and
16 ‘‘(II) describes how funds appor-
17 tioned to the State under section
18 104(b)(8) or provided by a grant under
19 the program would be invested and
20 matched, which shall not be subject to
21 fiscal constraint requirements; and
22 ‘‘(v) use science and data and indicate
23 the source of data and methodologies; and
24 ‘‘(E) shall, as appropriate—
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1 ‘‘(i) include a description of how the
2 plan will improve the ability of the State or
3 metropolitan planning organization—
4 ‘‘(I) to respond promptly to the
5 impacts of weather events and natural
6 disasters; and
7 ‘‘(II) to be prepared for changing
8 conditions, such as sea level rise and
9 increased flood risk;
10 ‘‘(ii) describe the codes, standards, and
11 regulatory framework, if any, adopted and
12 enforced to ensure resilience improvements
13 within the impacted area of proposed
14 projects included in the resilience improve-
15 ment plan;
16 ‘‘(iii) consider the benefits of com-
17 bining hard surface transportation assets,
18 and natural infrastructure, through coordi-
19 nated efforts by the Federal Government
20 and the States;
21 ‘‘(iv) assess the resilience of other com-
22 munity assets, including buildings and
23 housing, emergency management assets, and
24 energy, water, and communication infra-
25 structure;
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1 ‘‘(v) use a long-term planning period;
2 and
3 ‘‘(vi) include such other information as
4 the State or metropolitan planning organi-
5 zation considers appropriate.
6 ‘‘(3) NO NEW PLANNING REQUIREMENTS.—Noth-
7 ing in this section requires a metropolitan planning
8 organization or a State to develop a resilience im-
9 provement plan or to include a resilience improve-
10 ment plan under the metropolitan transportation
11 plan under section 134 or the long-range statewide
12 transportation plan under section 135, as applicable,
13 of the metropolitan planning organization or State.
14 ‘‘(f) MONITORING.—
15 ‘‘(1) IN GENERAL.—Not later than 18 months
16 after the date of enactment of this section, the Sec-
17 retary shall—
18 ‘‘(A) establish, for the purpose of evaluating
19 the effectiveness and impacts of projects carried
20 out with a grant under subsection (d)—
21 ‘‘(i) subject to paragraph (2), transpor-
22 tation and any other metrics as the Sec-
23 retary determines to be necessary; and
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1 ‘‘(ii) procedures for monitoring and
2 evaluating projects based on those metrics;
3 and
4 ‘‘(B) select a representative sample of
5 projects to evaluate based on the metrics and
6 procedures established under subparagraph (A).
7 ‘‘(2) NOTICE.—Before adopting any metrics de-
8 scribed in paragraph (1), the Secretary shall—
9 ‘‘(A) publish the proposed metrics in the
10 Federal Register; and
11 ‘‘(B) provide to the public an opportunity
12 for comment on the proposed metrics.
13 ‘‘(g) REPORTS.—
14 ‘‘(1) REPORTS FROM ELIGIBLE ENTITIES.—Not
15 later than 1 year after the date on which a project
16 carried out with a grant under subsection (d) is com-
17 pleted, the eligible entity that carried out the project
18 shall submit to the Secretary a report on the results
19 of the project and the use of the funds awarded.
20 ‘‘(2) REPORTS TO CONGRESS.—
21 ‘‘(A) ANNUAL REPORTS.—The Secretary
22 shall submit to the Committee on Environment
23 and Public Works of the Senate and the Com-
24 mittee on Transportation and Infrastructure of
25 the House of Representatives, and publish on the
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1 website of the Department of Transportation, an
2 annual report that describes the implementation
3 of the program during the preceding calendar
4 year, including—
5 ‘‘(i) each project for which a grant was
6 provided under subsection (d);
7 ‘‘(ii) information relating to project
8 applications received;
9 ‘‘(iii) the manner in which the con-
10 sultation requirements were implemented
11 under subsection (d);
12 ‘‘(iv) recommendations to improve the
13 administration of subsection (d), including
14 whether assistance from additional or fewer
15 agencies to carry out the program is appro-
16 priate;
17 ‘‘(v) the period required to disburse
18 grant funds to eligible entities based on ap-
19 plicable Federal coordination requirements;
20 and
21 ‘‘(vi) a list of facilities that repeatedly
22 require repair or reconstruction due to
23 emergency events.
24 ‘‘(B) FINAL REPORT.—Not later than 5
25 years after the date of enactment of the Surface
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1 Transportation Reauthorization Act of 2021, the
2 Secretary shall submit to Congress a report that
3 includes the results of the reports submitted
4 under subparagraph (A).
5 ‘‘(h) TREATMENT OF PROJECTS.—Notwithstanding
6 any other provision of law, a project assisted under this
7 section shall be treated as a project on a Federal-aid high-
8 way under this chapter.’’.
9 (b) CLERICAL AMENDMENT.—The analysis for chapter
10 1 of title 23, United States Code (as amended by section
11 11403(b)), is amended by inserting after the item relating
12 to section 175 the following:
‘‘176. Promoting Resilient Operations for Transformative, Efficient, and Cost-sav-
ing Transportation (PROTECT) program.’’.
13 SEC. 11406. HEALTHY STREETS PROGRAM.
14 (a) DEFINITIONS.—In this section:
15 (1) COOL PAVEMENT.—The term ‘‘cool pave-
16 ment’’ means a pavement with reflective surfaces with
17 higher albedo to decrease the surface temperature of
18 that pavement.
19 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
20 ty’’ means—
21 (A) a State;
22 (B) a metropolitan planning organization;
23 (C) a unit of local government;
24 (D) a Tribal government; and
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1 (E) a nonprofit organization working in co-
2 ordination with an entity described in subpara-
3 graphs (A) through (D).
4 (3) LOW-INCOME COMMUNITY.—The term ‘‘low-
5 income community’’ means a census block group in
6 which not less than 30 percent of the population lives
7 below the poverty line (as defined in section 673 of
8 the Community Services Block Grant Act (42 U.S.C.
9 9902)).
10 (4) POROUS PAVEMENT.—The term ‘‘porous
11 pavement’’ means a paved surface with a higher than
12 normal percentage of air voids to allow water to pass
13 through the surface and infiltrate into the subsoil.
14 (5) PROGRAM.—The term ‘‘program’’ means the
15 Healthy Streets program established under subsection
16 (b).
17 (6) STATE.—The term ‘‘State’’ has the meaning
18 given the term in section 101(a) of title 23, United
19 States Code.
20 (7) TRIBAL GOVERNMENT.—The term ‘‘Tribal
21 government’’ means the recognized governing body of
22 any Indian or Alaska Native tribe, band, nation,
23 pueblo, village, community, component band, or com-
24 ponent reservation, individually identified (including
25 parenthetically) in the list published most recently as
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1 of the date of enactment of this Act pursuant to sec-
2 tion 104 of the Federally Recognized Indian Tribe
3 List Act of 1994 (25 U.S.C. 5131).
4 (b) ESTABLISHMENT.—The Secretary shall establish a
5 discretionary grant program, to be known as the ‘‘Healthy
6 Streets program’’, to provide grants to eligible entities—
7 (1) to deploy cool pavements and porous pave-
8 ments; and
9 (2) to expand tree cover.
10 (c) GOALS.—The goals of the program are—
11 (1) to mitigate urban heat islands;
12 (2) to improve air quality; and
13 (3) to reduce—
14 (A) the extent of impervious surfaces;
15 (B) stormwater runoff and flood risks; and
16 (C) heat impacts to infrastructure and road
17 users.
18 (d) APPLICATION.—
19 (1) IN GENERAL.—To be eligible to receive a
20 grant under the program, an eligible entity shall sub-
21 mit to the Secretary an application at such time, in
22 such manner, and containing such information as the
23 Secretary may require.
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1 (2) REQUIREMENTS.—The application submitted
2 by an eligible entity under paragraph (1) shall in-
3 clude a description of—
4 (A) how the eligible entity would use the
5 grant funds; and
6 (B) the contribution that the projects in-
7 tended to be carried out with grant funds would
8 make to improving the safety, health outcomes,
9 natural environment, and quality of life in low-
10 income communities and disadvantaged commu-
11 nities.
12 (e) USE OF FUNDS.—An eligible entity that receives
13 a grant under the program may use the grant funds for
14 1 or more of the following activities:
15 (1) Conducting an assessment of urban heat is-
16 lands to identify hot spot areas of extreme heat or ele-
17 vated air pollution.
18 (2) Conducting a comprehensive tree canopy as-
19 sessment, which shall assess the current tree locations
20 and canopy, including—
21 (A) an inventory of the location, species,
22 condition, and health of existing tree canopies
23 and trees on public facilities; and
24 (B) an identification of—
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1 (i) the locations where trees need to be
2 replaced;
3 (ii) empty tree boxes or other locations
4 where trees could be added; and
5 (iii) flood-prone locations where trees
6 or other natural infrastructure could miti-
7 gate flooding.
8 (3) Conducting an equity assessment by map-
9 ping tree canopy gaps, flood-prone locations, and
10 urban heat island hot spots as compared to—
11 (A) pedestrian walkways and public trans-
12 portation stop locations;
13 (B) low-income communities; and
14 (C) disadvantaged communities.
15 (4) Planning activities, including developing an
16 investment plan based on the results of the assess-
17 ments carried out under paragraphs (1), (2), and (3).
18 (5) Purchasing and deploying cool pavements to
19 mitigate urban heat island hot spots.
20 (6) Purchasing and deploying porous pavement
21 to mitigate flooding and stormwater runoff in—
22 (A) pedestrian-only areas; and
23 (B) areas of low-volume, low-speed vehicular
24 use.
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1 (7) Purchasing of trees, site preparation, plant-
2 ing of trees, ongoing maintenance and monitoring of
3 trees, and repairing of storm damage to trees, with
4 priority given to—
5 (A) to the extent practicable, the planting of
6 native species; and
7 (B) projects located in a neighborhood with
8 lower tree cover or higher maximum daytime
9 summer temperatures compared to surrounding
10 neighborhoods.
11 (8) Assessing underground infrastructure and co-
12 ordinating with local transportation and utility pro-
13 viders.
14 (9) Hiring staff to conduct any of the activities
15 described in paragraphs (1) through (8).
16 (f) PRIORITY.—In awarding grants to eligible entities
17 under the program, the Secretary shall give priority to an
18 eligible entity—
19 (1) proposing to carry out an activity or project
20 in a low-income community or a disadvantaged com-
21 munity;
22 (2) that has entered into a community benefits
23 agreement with representatives of the community; or
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1 (3) that is partnering with a qualified youth or
2 conservation corps (as defined in section 203 of the
3 Public Lands Corps Act of 1993 (16 U.S.C. 1722)).
4 (g) DISTRIBUTION REQUIREMENT.—Of the amounts
5 made available to carry out the program for each fiscal
6 year, not less than 80 percent shall be provided for projects
7 in urbanized areas (as defined in section 101(a) of title 23,
8 United States Code).
9 (h) FEDERAL SHARE.—
10 (1) IN GENERAL.—Except as provided under
11 paragraph (2), the Federal share of the cost of a
12 project carried out under the program shall be 80 per-
13 cent.
14 (2) WAIVER.—The Secretary may increase the
15 Federal share requirement under paragraph (1) to
16 100 percent for projects carried out by an eligible en-
17 tity that demonstrates economic hardship, as deter-
18 mined by the Secretary.
19 (i) MAXIMUM GRANT AMOUNT.—An individual grant
20 under this section shall not exceed $15,000,000.
21 (j) TREATMENT OF PROJECTS.—Notwithstanding any
22 other provision of law, a project assisted under this section
23 shall be treated as a project on a Federal-aid highway under
24 chapter 1 of title 23, United States Code.
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1 Subtitle E—Miscellaneous
2 SEC. 11501. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST
3 FUND.
4 (a) IN GENERAL.—Section 105 of title 23, United
5 States Code, is repealed.
6 (b) CLERICAL AMENDMENT.—The analysis for chapter
7 1 of title 23, United States Code, is amended by striking
8 the item relating to section 105.
9 SEC. 11502. STOPPING THREATS ON PEDESTRIANS.
10 (a) DEFINITION OF BOLLARD INSTALLATION
11 PROJECT.—In this section, the term ‘‘bollard installation
12 project’’ means a project to install raised concrete or metal
13 posts on a sidewalk adjacent to a roadway that are designed
14 to slow or stop a motor vehicle.
15 (b) ESTABLISHMENT.—Not later than 1 year after the
16 date of enactment of this Act and subject to the availability
17 of appropriations, the Secretary shall establish and carry
18 out a competitive grant pilot program to provide assistance
19 to State departments of transportation and local govern-
20 ment entities for bollard installation projects designed to
21 prevent pedestrian injuries and acts of terrorism in areas
22 used by large numbers of pedestrians.
23 (c) APPLICATION.—To be eligible to receive a grant
24 under this section, a State department of transportation or
25 local government entity shall submit to the Secretary an
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1 application at such time, in such form, and containing such
2 information as the Secretary determines to be appropriate,
3 which shall include, at a minimum—
4 (1) a description of the proposed bollard installa-
5 tion project to be carried out;
6 (2) a description of the pedestrian injury or ter-
7 rorism risks with respect to the proposed installation
8 area; and
9 (3) an analysis of how the proposed bollard in-
10 stallation project will mitigate those risks.
11 (d) USE OF FUNDS.—A recipient of a grant under this
12 section may only use the grant funds for a bollard installa-
13 tion project.
14 (e) FEDERAL SHARE.—The Federal share of the costs
15 of a bollard installation project carried out with a grant
16 under this section may be up to 100 percent.
17 (f) AUTHORIZATION OF APPROPRIATIONS.—There is
18 authorized to be appropriated to the Secretary to carry out
19 this section $5,000,000 for each of fiscal years 2022 through
20 2026.
21 (g) TREATMENT OF PROJECTS.—Notwithstanding any
22 other provision of law, a project assisted under this section
23 shall be treated as a project on a Federal-aid highway under
24 chapter 1 of title 23, United States Code.
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1 SEC. 11503. TRANSFER AND SALE OF TOLL CREDITS.
2 (a) DEFINITIONS.—In this section:
3 (1) ORIGINATING STATE.—The term ‘‘originating
4 State’’ means a State that—
5 (A) is eligible to use a credit under section
6 120(i) of title 23, United States Code; and
7 (B) has been selected by the Secretary under
8 subsection (d)(2).
9 (2) PILOT PROGRAM.—The term ‘‘pilot program’’
10 means the pilot program established under subsection
11 (b).
12 (3) RECIPIENT STATE.—The term ‘‘recipient
13 State’’ means a State that receives a credit by trans-
14 fer or by sale under this section from an originating
15 State.
16 (4) STATE.—The term ‘‘State’’ has the meaning
17 given the term in section 101(a) of title 23, United
18 States Code.
19 (b) ESTABLISHMENT OF PILOT PROGRAM.—The Sec-
20 retary shall establish and implement a toll credit exchange
21 pilot program in accordance with this section.
22 (c) PURPOSES.—The purposes of the pilot program
23 are—
24 (1) to identify the extent of the demand to pur-
25 chase toll credits;
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1 (2) to identify the cash price of toll credits
2 through bilateral transactions between States;
3 (3) to analyze the impact of the purchase or sale
4 of toll credits on transportation expenditures;
5 (4) to test the feasibility of expanding the pilot
6 program to allow all States to participate on a per-
7 manent basis; and
8 (5) to identify any other repercussions of the toll
9 credit exchange.
10 (d) SELECTION OF ORIGINATING STATES.—
11 (1) APPLICATION.—In order to participate in the
12 pilot program as an originating State, a State 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, including, at a minimum,
16 such information as is required for the Secretary to
17 verify—
18 (A) the amount of unused toll credits for
19 which the State has submitted certification to the
20 Secretary that are available to be sold or trans-
21 ferred under the pilot program, including—
22 (i) toll revenue generated and the
23 sources of that revenue;
24 (ii) toll revenue used by public, quasi-
25 public, and private agencies to build, im-
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1 prove, or maintain highways, bridges, or
2 tunnels that serve the public purpose of
3 interstate commerce; and
4 (iii) an accounting of any Federal
5 funds used by the public, quasi-public, or
6 private agency to build, improve, or main-
7 tain the toll facility, to validate that the
8 credit has been reduced by a percentage
9 equal to the percentage of the total cost of
10 building, improving, or maintaining the fa-
11 cility that was derived from Federal funds;
12 (B) the documentation of maintenance of ef-
13 fort for toll credits earned by the originating
14 State; and
15 (C) the accuracy of the accounting system of
16 the State to earn and track toll credits.
17 (2) SELECTION.—Of the States that submit an
18 application under paragraph (1), the Secretary may
19 select not more than 10 States to be designated as an
20 originating State.
21 (3) LIMITATION ON SALES.—At any time, the
22 Secretary may limit the amount of unused toll credits
23 that may be offered for sale under the pilot program.
24 (e) TRANSFER OR SALE OF CREDITS.—
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1 (1) IN GENERAL.—In carrying out the pilot pro-
2 gram, the Secretary shall provide that an originating
3 State may transfer or sell to a recipient State a cred-
4 it not previously used by the originating State under
5 section 120(i) of title 23, United States Code.
6 (2) WEBSITE SUPPORT.—The Secretary shall
7 make available a publicly accessible website on which
8 originating States shall post the amount of toll cred-
9 its, verified under subsection (d)(1)(A), that are
10 available for sale or transfer to a recipient State.
11 (3) BILATERAL TRANSACTIONS.—An originating
12 State and a recipient State may enter into a bilateral
13 transaction to sell or transfer verified toll credits.
14 (4) NOTIFICATION.—Not later than 30 days after
15 the date on which a credit is transferred or sold, the
16 originating State and the recipient State shall jointly
17 submit to the Secretary a written notification of the
18 transfer or sale, including details on—
19 (A) the amount of toll credits that have been
20 sold or transferred;
21 (B) the price paid or other value transferred
22 in exchange for the toll credits;
23 (C) the intended use by the recipient State
24 of the toll credits, if known;
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1 (D) the intended use by the originating
2 State of the cash or other value transferred;
3 (E) an update on the toll credit balance of
4 the originating State and the recipient State;
5 and
6 (F) any other information about the trans-
7 action that the Secretary may require.
8 (5) USE OF CREDITS BY TRANSFEREE OR PUR-
9 CHASER.—A recipient State may use a credit received
10 under paragraph (1) toward the non-Federal share
11 requirement for any funds made available to carry
12 out title 23 or chapter 53 of title 49, United States
13 Code, in accordance with section 120(i) of title 23,
14 United States Code.
15 (6) USE OF PROCEEDS FROM SALE OF CRED-
16 ITS.—An originating State shall use the proceeds
17 from the sale of a credit under paragraph (1) for the
18 construction costs of any project in the originating
19 State that is eligible under title 23, United States
20 Code.
21 (f) REPORTING REQUIREMENTS.—
22 (1) INITIAL REPORT.—Not later than 1 year
23 after the date on which the pilot program is estab-
24 lished, the Secretary shall submit to the Committee on
25 Environment and Public Works of the Senate and the
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1 Committee on Transportation and Infrastructure of
2 the House of Representatives a report on the progress
3 of the pilot program.
4 (2) FINAL REPORT.—Not later than 3 years after
5 the date on which the pilot program is established, the
6 Secretary shall—
7 (A) submit to the Committee on Environ-
8 ment and Public Works of the Senate and the
9 Committee on Transportation and Infrastructure
10 of the House of Representatives a report that—
11 (i) determines whether a toll credit
12 marketplace is viable and cost-effective;
13 (ii) describes the buying and selling ac-
14 tivities under the pilot program;
15 (iii) describes the average sale price of
16 toll credits;
17 (iv) determines whether the pilot pro-
18 gram could be expanded to more States or
19 all States or to non-State operators of toll
20 facilities;
21 (v) provides updated information on
22 the toll credit balance accumulated by each
23 State; and
24 (vi) describes the list of projects that
25 were assisted by the pilot program; and
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1 (B) make the report under subparagraph
2 (A) publicly available on the website of the De-
3 partment.
4 (g) TERMINATION.—
5 (1) IN GENERAL.—The Secretary may terminate
6 the pilot program or the participation of any State
7 in the pilot program if the Secretary determines
8 that—
9 (A) the pilot program is not serving a pub-
10 lic benefit; or
11 (B) it is not cost effective to carry out the
12 pilot program.
13 (2) PROCEDURES.—The termination of the pilot
14 program or the participation of a State in the pilot
15 program shall be carried out consistent with Federal
16 requirements for project closeout, adjustment, and
17 continuing responsibilities.
18 SEC. 11504. STUDY OF IMPACTS ON ROADS FROM SELF-
19 DRIVING VEHICLES.
20 (a) IN GENERAL.—Not later than 60 days after the
21 date of enactment of this Act, the Secretary shall initiate
22 a study on the existing and future impacts of self-driving
23 vehicles to transportation infrastructure, mobility, the envi-
24 ronment, and safety, including impacts on—
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1 (1) the Interstate System (as defined in section
2 101(a) of title 23, United States Code);
3 (2) urban roads;
4 (3) rural roads;
5 (4) corridors with heavy traffic congestion;
6 (5) transportation systems optimization; and
7 (6) any other areas or issues relevant to oper-
8 ations of the Federal Highway Administration that
9 the Secretary determines to be appropriate.
10 (b) CONTENTS OF STUDY.—The study under subsection
11 (a) shall include specific recommendations for both rural
12 and urban communities regarding the impacts of self-driv-
13 ing vehicles on existing transportation system capacity.
14 (c) CONSIDERATIONS.—In carrying out the study
15 under subsection (a), the Secretary shall—
16 (1) consider the need for and recommend any
17 policy changes to be undertaken by the Federal High-
18 way Administration on the impacts of self-driving ve-
19 hicles as identified under paragraph (2); and
20 (2) for both rural and urban communities, in-
21 clude a discussion of—
22 (A) the impacts that self-driving vehicles
23 will have on existing transportation infrastruc-
24 ture, such as signage and markings, traffic
25 lights, and highway capacity and design;
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1 (B) the impact on commercial and private
2 traffic flows;
3 (C) infrastructure improvement needs that
4 may be necessary for transportation infrastruc-
5 ture to accommodate self-driving vehicles;
6 (D) the impact of self-driving vehicles on
7 the environment, congestion, and vehicle miles
8 traveled; and
9 (E) the impact of self-driving vehicles on
10 mobility.
11 (d) COORDINATION.—In carrying out the study under
12 subsection (a), the Secretary shall consider and incorporate
13 relevant current and ongoing research of the Department.
14 (e) CONSULTATION.—In carrying out the study under
15 subsection (a), the Secretary shall convene and consult with
16 a panel of national experts in both rural and urban trans-
17 portation, including—
18 (1) operators and users of the Interstate System
19 (as defined in section 101(a) of title 23, United States
20 Code), including private sector stakeholders;
21 (2) States and State departments of transpor-
22 tation;
23 (3) metropolitan planning organizations;
24 (4) the motor carrier industry;
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1 (5) representatives of public transportation agen-
2 cies or organizations;
3 (6) highway safety and academic groups;
4 (7) nonprofit entities with experience in trans-
5 portation policy;
6 (8) National Laboratories (as defined in section
7 2 of the Energy Policy Act of 2005 (42 U.S.C.
8 15801));
9 (9) environmental stakeholders; and
10 (10) self-driving vehicle producers, manufactur-
11 ers, and technology developers.
12 (f) REPORT.—Not later than 1 year after the date on
13 which the study under subsection (a) is initiated, the Sec-
14 retary shall submit a report on the results of the study to—
15 (1) the Committee on Environment and Public
16 Works of the Senate; and
17 (2) the Committee on Transportation and Infra-
18 structure of the House of Representatives.
19 SEC. 11505. DISASTER RELIEF MOBILIZATION STUDY.
20 (a) DEFINITION OF LOCAL COMMUNITY.—In this sec-
21 tion, the term ‘‘local community’’ means—
22 (1) a unit of local government;
23 (2) a political subdivision of a State or local
24 government;
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1 (3) a metropolitan planning organization (as de-
2 fined in section 134(b) of title 23, United States
3 Code);
4 (4) a rural planning organization; or
5 (5) a Tribal government.
6 (b) STUDY.—
7 (1) IN GENERAL.—The Secretary shall carry out
8 a study to determine the utility of incorporating the
9 use of bicycles into the disaster preparedness and dis-
10 aster response plans of local communities.
11 (2) REQUIREMENTS.—The study carried out
12 under paragraph (1) shall include—
13 (A) a vulnerability assessment of the infra-
14 structure in local communities as of the date of
15 enactment of this Act that supports active trans-
16 portation, including bicycling, walking, and per-
17 sonal mobility devices, with a particular focus
18 on areas in local communities that—
19 (i) have low levels of vehicle ownership;
20 and
21 (ii) lack sufficient active transpor-
22 tation infrastructure routes to public trans-
23 portation;
24 (B) an evaluation of whether disaster pre-
25 paredness and disaster response plans should in-
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1 clude the use of bicycles by first responders,
2 emergency workers, and community organization
3 representatives—
4 (i) during a mandatory or voluntary
5 evacuation ordered by a Federal, State,
6 Tribal, or local government entity—
7 (I) to notify residents of the need
8 to evacuate;
9 (II) to evacuate individuals and
10 goods; and
11 (III) to reach individuals who are
12 in need of first aid and medical assist-
13 ance; and
14 (ii) after a disaster or emergency de-
15 clared by a Federal, State, Tribal, or local
16 government entity—
17 (I) to participate in search and
18 rescue activities;
19 (II) to carry commodities to be
20 used for life-saving or life-sustaining
21 purposes, including—
22 (aa) water;
23 (bb) food;
24 (cc) first aid and other med-
25 ical supplies; and
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1 (dd) power sources and elec-
2 tric supplies, such as cell phones,
3 radios, lights, and batteries;
4 (III) to reach individuals who are
5 in need of the commodities described in
6 subclause (II); and
7 (IV) to assist with other disaster
8 relief tasks, as appropriate; and
9 (C) a review of training programs for first
10 responders, emergency workers, and community
11 organization representatives relating to—
12 (i) competent bicycle skills, including
13 the use of cargo bicycles and electric bicy-
14 cles, as applicable;
15 (ii) basic bicycle maintenance;
16 (iii) compliance with relevant traffic
17 safety laws;
18 (iv) methods to use bicycles to carry
19 out the activities described in clauses (i)
20 and (ii) of subparagraph (2)(B); and
21 (v) exercises conducted for the purpose
22 of—
23 (I) exercising the skills described
24 in clause (i); and
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1 (II) maintaining bicycles and re-
2 lated equipment.
3 (c) REPORT.—Not later than 2 years after the date of
4 enactment of this Act, the Secretary shall submit to the
5 Committee on Environment and Public Works of the Senate
6 and the Committee on Transportation and Infrastructure
7 of the House of Representatives a report that—
8 (1) describes the results of the study carried out
9 under subsection (b); and
10 (2) provides recommendations, if any, relating
11 to—
12 (A) the methods by which to incorporate bi-
13 cycles into disaster preparedness and disaster re-
14 sponse plans of local communities; and
15 (B) improvements to training programs de-
16 scribed in subsection (b)(2)(C).
17 SEC. 11506. APPALACHIAN REGIONAL COMMISSION.
18 (a) DEFINITIONS.—Section 14102(a)(1) of title 40,
19 United States Code, is amended—
20 (1) in subparagraph (G)—
21 (A) by inserting ‘‘Catawba,’’ after
22 ‘‘Caldwell,’’; and
23 (B) by inserting ‘‘Cleveland,’’ after ‘‘Clay,’’;
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1 (2) in subparagraph (J), by striking ‘‘and
2 Spartanburg’’ and inserting ‘‘Spartanburg, and
3 Union’’; and
4 (3) in subparagraph (M), by inserting ‘‘, of
5 which the counties of Brooke, Hancock, Marshall, and
6 Ohio shall be considered to be located in the North
7 Central subregion’’ after ‘‘West Virginia’’.
8 (b) FUNCTIONS.—Section 14303(a) of title 40, United
9 States Code, is amended—
10 (1) in paragraph (9), by striking ‘‘and’’ at the
11 end;
12 (2) in paragraph (10), by striking the period at
13 the end and inserting ‘‘; and’’; and
14 (3) by adding at the end the following:
15 ‘‘(11) support broadband access in the Appa-
16 lachian region.’’.
17 (c) CONGRESSIONAL NOTIFICATION.—
18 (1) IN GENERAL.—Subchapter II of chapter 143
19 of subtitle IV of title 40, United States Code, is
20 amended by adding at the end the following:
21 ‘‘§ 14323. Congressional notification
22 ‘‘(a) IN GENERAL.—In the case of a project described
23 in subsection (b), the Appalachian Regional Commission
24 shall provide to the Committee on Transportation and In-
25 frastructure of the House of Representatives and the Com-
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1 mittee on Environment and Public Works of the Senate no-
2 tice of the award of a grant or other financial assistance
3 not less than 3 full business days before awarding the grant
4 or other financial assistance.
5 ‘‘(b) PROJECTS DESCRIBED.—A project referred to in
6 subsection (a) is a project that the Appalachian Regional
7 Commission has selected to receive a grant or other finan-
8 cial assistance under this subtitle in an amount not less
9 than $50,000.’’.
10 (2) CLERICAL AMENDMENT.—The analysis for
11 subchapter II of chapter 143 of subtitle IV of title 40,
12 United States Code, is amended by adding at the end
13 the following:
‘‘14323. Congressional notification.’’.
14 (d) HIGH-SPEED BROADBAND DEPLOYMENT INITIA-
15 TIVE.—Section 14509 of title 40, United States Code, is
16 amended—
17 (1) by striking subsection (a) and inserting the
18 following:
19 ‘‘(a) IN GENERAL.—The Appalachian Regional Com-
20 mission may provide technical assistance, make grants,
21 enter into contracts, or otherwise provide amounts to indi-
22 viduals or entities in the Appalachian region for projects
23 and activities to increase affordable access to broadband
24 networks throughout the Appalachian region.’’;
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1 (2) by redesignating subsections (b) through (d)
2 as subsections (c) through (e), respectively;
3 (3) by inserting after subsection (a) the fol-
4 lowing:
5 ‘‘(b) ELIGIBLE PROJECTS AND ACTIVITIES.—A project
6 or activity eligible to be carried out under this section is
7 a project or activity—
8 ‘‘(1) to conduct research, analysis, and training
9 to increase broadband adoption efforts in the Appa-
10 lachian region; or
11 ‘‘(2) for the construction and deployment of
12 broadband service-related infrastructure in the Appa-
13 lachian region.’’;
14 (4) in subsection (d) (as so redesignated), in the
15 matter preceding paragraph (1), by striking ‘‘sub-
16 section (b)’’ and inserting ‘‘subsection (c)’’; and
17 (5) by adding at the end the following:
18 ‘‘(f) REQUEST FOR DATA.—Before making a grant for
19 a project or activity described in subsection (b)(2), the Ap-
20 palachian Regional Commission shall request from the Fed-
21 eral Communications Commission, the National Tele-
22 communications and Information Administration, the Eco-
23 nomic Development Administration, and the Department of
24 Agriculture data on—
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1 ‘‘(1) the level and extent of broadband service
2 that exists in the area proposed to be served by the
3 broadband service-related infrastructure; and
4 ‘‘(2) the level and extent of broadband service
5 that will be deployed in the area proposed to be served
6 by the broadband service-related infrastructure pursu-
7 ant to another Federal program.
8 ‘‘(g) REQUIREMENT.—For each fiscal year, not less
9 than 65 percent of the amounts made available to carry
10 out this section shall be used for grants for projects and
11 activities described in subsection (b)(2).’’.
12 (e) 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 Appalachian region that supports a more-effective en-
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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 hydrogen produced
12 from the steam methane reforming of natural gas
13 feedstocks.
14 ‘‘(b) LIMITATION ON AVAILABLE AMOUNTS.—Of the
15 cost of any project or activity eligible for a grant under
16 this section—
17 ‘‘(1) except as provided in paragraphs (2) and
18 (3), not more than 50 percent may be provided from
19 amounts made available to carry out this section;
20 ‘‘(2) in the case of a project or activity to be car-
21 ried out in a county for which a distressed county
22 designation is in effect under section 14526, not more
23 than 80 percent may be provided from amounts made
24 available to carry out this section; and
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1 ‘‘(3) in the case of a project or activity to be car-
2 ried out in a county for which an at-risk county des-
3 ignation is in effect under section 14526, not more
4 than 70 percent may be provided from amounts made
5 available to carry out this section.
6 ‘‘(c) SOURCES OF ASSISTANCE.—Subject to subsection
7 (b), a grant provided under this section may be provided
8 from amounts made available to carry out this section, in
9 combination with amounts made available—
10 ‘‘(1) under any other Federal program; or
11 ‘‘(2) from any other source.
12 ‘‘(d) FEDERAL SHARE.—Notwithstanding any provi-
13 sion of law limiting the Federal share under any other Fed-
14 eral program, amounts made available to carry out this sec-
15 tion may be used to increase that Federal share, as the Ap-
16 palachian Regional Commission determines to be appro-
17 priate.’’.
18 (2) CLERICAL AMENDMENT.—The analysis for
19 subchapter I of chapter 145 of title 40, United States
20 Code, is amended by adding at the end the following:
‘‘14511. Appalachian regional energy hub initiative.’’.
21 (f) AUTHORIZATION OF APPROPRIATIONS.—Section
22 14703 of title 40, United States Code, is amended—
23 (1) in subsection (a)—
24 (A) in paragraph (4), by striking ‘‘and’’ at
25 the end;
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1 (B) in paragraph (5), by striking the period
2 at the end and inserting ‘‘; and’’; and
3 (C) by adding at the end the following:
4 ‘‘(6) $200,000,000 for each of fiscal years 2022
5 through 2026.’’;
6 (2) in subsection (c), by striking ‘‘$10,000,000
7 may be used to carry out section 14509 for each of
8 fiscal years 2016 through 2021’’ and inserting
9 ‘‘$20,000,000 may be used to carry out section 14509
10 for each of fiscal years 2022 through 2026’’;
11 (3) by redesignating subsections (d) and (e) as
12 subsections (e) and (f), respectively; and
13 (4) by inserting after subsection (c) the fol-
14 lowing:
15 ‘‘(d) APPALACHIAN REGIONAL ENERGY HUB INITIA-
16 TIVE.—Of the amounts made available under subsection
17 (a), $5,000,000 shall be used to carry out section 14511 for
18 each of fiscal years 2022 through 2026.’’.
19 (g) TERMINATION.—Section 14704 of title 40, United
20 States Code, is amended by striking ‘‘2021’’ and inserting
21 ‘‘2026’’.
22 SEC. 11507. DENALI COMMISSION.
23 (a) DENALI ACCESS SYSTEM PROGRAM.—Notwith-
24 standing subsection (j) of section 309 of the Denali Commis-
25 sion Act of 1998 (42 U.S.C. 3121 note; Public Law 105–
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1 277), there is authorized to be appropriated $20,000,000 for
2 each of fiscal years 2022 through 2026 to carry out that
3 section.
4 (b) TRANSFERS OF FUNDS.—Section 311(c) of the
5 Denali Commission Act of 1998 (42 U.S.C. 3121 note; Pub-
6 lic Law 105–277) is amended—
7 (1) in paragraph (1), by striking ‘‘and’’ at the
8 end;
9 (2) in paragraph (2), by striking the period at
10 the end and inserting ‘‘; and’’; and
11 (3) by adding at the end the following:
12 ‘‘(3) notwithstanding any other provision of law,
13 shall—
14 ‘‘(A) be treated as if directly appropriated
15 to the Commission and subject to applicable pro-
16 visions of this Act; and
17 ‘‘(B) not be subject to any requirements that
18 applied to the funds before the transfer, includ-
19 ing a requirement in an appropriations Act or
20 a requirement or regulation of the Federal agen-
21 cy from which the funds are transferred.’’.
22 SEC. 11508. REQUIREMENTS FOR TRANSPORTATION
23 PROJECTS CARRIED OUT THROUGH PUBLIC-
24 PRIVATE PARTNERSHIPS.
25 (a) DEFINITIONS.—In this section:
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1 (1) PROJECT.—The term ‘‘project’’ means a
2 project (as defined in section 101 of title 23, United
3 States Code) that—
4 (A) is carried out, in whole or in part,
5 using Federal financial assistance; and
6 (B) has an estimated total cost of
7 $100,000,000 or more.
8 (2) PUBLIC-PRIVATE PARTNERSHIP.—The term
9 ‘‘public-private partnership’’ means an agreement be-
10 tween a public agency and a private entity to fi-
11 nance, build, and maintain or operate a project.
12 (b) REQUIREMENTS FOR PROJECTS CARRIED OUT
13 THROUGH PUBLIC-PRIVATE PARTNERSHIPS.—With respect
14 to a public-private partnership, as a condition of receiving
15 Federal financial assistance for a project, the Secretary
16 shall require the public partner, not later than 3 years after
17 the date of opening of the project to traffic—
18 (1) to conduct a review of the project, including
19 a review of the compliance of the private partner with
20 the terms of the public-private partnership agreement;
21 (2)(A) to certify to the Secretary that the private
22 partner of the public-private partnership is meeting
23 the terms of the public-private partnership agreement
24 for the project; or
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1 (B) to notify the Secretary that the private part-
2 ner of the public-private partnership has not met 1
3 or more of the terms of the public-private partnership
4 agreement for the project, including a brief descrip-
5 tion of each violation of the public-private partner-
6 ship agreement; and
7 (3) to make publicly available the certification or
8 notification, as applicable, under paragraph (2) in a
9 form that does not disclose any proprietary or con-
10 fidential business information.
11 (c) NOTIFICATION.—If the Secretary provides Federal
12 financial assistance to a project carried out through a pub-
13 lic-private partnership, not later than 30 days after the
14 date on which the Federal financial assistance is first obli-
15 gated, the Secretary shall submit to the Committee on Envi-
16 ronment and Public Works of the Senate and the Committee
17 on Transportation and Infrastructure of the House of Rep-
18 resentatives a notification of the Federal financial assist-
19 ance made available for the project.
20 (d) VALUE FOR MONEY ANALYSIS.—
21 (1) PROJECT APPROVAL AND OVERSIGHT.—Sec-
22 tion 106(h)(3) of title 23, United States Code, is
23 amended—
24 (A) in subparagraph (C), by striking ‘‘and’’
25 at the end;
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1 (B) by redesignating subparagraph (D) as
2 subparagraph (E); and
3 (C) by inserting after subparagraph (C) the
4 following:
5 ‘‘(D) for a project in which the project spon-
6 sor intends to carry out the project through a
7 public-private partnership agreement, shall in-
8 clude a detailed value for money analysis or
9 similar comparative analysis for the project;
10 and’’.
11 (2) SURFACE TRANSPORTATION BLOCK GRANT
12 PROGRAM.—Paragraph (21) of section 133(b) of title
13 23, United States Code (as redesignated by section
14 1109(a)(1)(C)), is amended by inserting ‘‘, including
15 conducting value for money analyses or similar com-
16 parative analyses,’’ after ‘‘oversight’’.
17 (3) TIFIA.—Section 602(a) of title 23, United
18 States Code, is amended by adding at the end the fol-
19 lowing:
20 ‘‘(11) PUBLIC-PRIVATE PARTNERSHIPS.—In the
21 case of a project to be carried out through a public-
22 private partnership, the public partner shall have—
23 ‘‘(A) conducted a value for money analysis
24 or similar comparative analysis; and
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1 ‘‘(B) determined the appropriateness of the
2 public-private partnership agreement.’’.
3 (e) APPLICABILITY.—This section and the amendments
4 made by this section shall only apply to a public-private
5 partnership agreement entered into on or after the date of
6 enactment of this Act.
7 SEC. 11509. RECONNECTING COMMUNITIES PILOT PRO-
8 GRAM.
9 (a) DEFINITION OF ELIGIBLE FACILITY.—
10 (1) IN GENERAL.—In this section, the term ‘‘eli-
11 gible facility’’ means a highway or other transpor-
12 tation facility that creates a barrier to community
13 connectivity, including barriers to mobility, access, or
14 economic development, due to high speeds, grade sepa-
15 rations, or other design factors.
16 (2) INCLUSIONS.—In this section, the term ‘‘eli-
17 gible facility’’ may include—
18 (A) a limited access highway;
19 (B) a viaduct; and
20 (C) any other principal arterial facility.
21 (b) ESTABLISHMENT.—The Secretary shall establish a
22 pilot program through which an eligible entity may apply
23 for funding, in order to restore community connectivity—
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1 (1) to study the feasibility and impacts of re-
2 moving, retrofitting, or mitigating an existing eligible
3 facility;
4 (2) to conduct planning activities necessary to
5 design a project to remove, retrofit, or mitigate an ex-
6 isting eligible facility; and
7 (3) to conduct construction activities necessary
8 to carry out a project to remove, retrofit, or mitigate
9 an existing eligible facility.
10 (c) PLANNING GRANTS.—
11 (1) ELIGIBLE ENTITIES.—The Secretary may
12 award a grant (referred to in this section as a ‘‘plan-
13 ning grant’’) to carry out planning activities de-
14 scribed in paragraph (2) to—
15 (A) a State;
16 (B) a unit of local government;
17 (C) a Tribal government;
18 (D) a metropolitan planning organization;
19 and
20 (E) a nonprofit organization.
21 (2) ELIGIBLE ACTIVITIES DESCRIBED.—The
22 planning activities referred to in paragraph (1) are—
23 (A) planning studies to evaluate the feasi-
24 bility of removing, retrofitting, or mitigating an
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1 existing eligible facility to restore community
2 connectivity, including evaluations of—
3 (i) current traffic patterns on the eligi-
4 ble facility proposed for removal, retrofit, or
5 mitigation and the surrounding street net-
6 work;
7 (ii) the capacity of existing transpor-
8 tation networks to maintain mobility needs;
9 (iii) an analysis of alternative road-
10 way designs or other uses for the right-of-
11 way of the eligible facility, including an
12 analysis of whether the available right-of-
13 way would suffice to create an alternative
14 roadway design;
15 (iv) the effect of the removal, retrofit,
16 or mitigation of the eligible facility on the
17 mobility of freight and people;
18 (v) the effect of the removal, retrofit, or
19 mitigation of the eligible facility on the
20 safety of the traveling public;
21 (vi) the cost to remove, retrofit, or
22 mitigate the eligible facility—
23 (I) to restore community
24 connectivity; and
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1 (II) to convert the eligible facility
2 to a different roadway design or use,
3 compared to any expected costs for nec-
4 essary maintenance or reconstruction
5 of the eligible facility;
6 (vii) the anticipated economic impact
7 of removing, retrofitting, or mitigating and
8 converting the eligible facility and any eco-
9 nomic development opportunities that would
10 be created by removing, retrofitting, or
11 mitigating and converting the eligible facil-
12 ity; and
13 (viii) the environmental impacts of re-
14 taining or reconstructing the eligible facil-
15 ity and the anticipated effect of the pro-
16 posed alternative use or roadway design;
17 (B) public engagement activities to provide
18 opportunities for public input into a plan to re-
19 move and convert an eligible facility; and
20 (C) other transportation planning activities
21 required in advance of a project to remove, ret-
22 rofit, or mitigate an existing eligible facility to
23 restore community connectivity, as determined
24 by the Secretary.
25 (3) TECHNICAL ASSISTANCE PROGRAM.—
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1 (A) IN GENERAL.—The Secretary may pro-
2 vide technical assistance described in subpara-
3 graph (B) to an eligible entity.
4 (B) TECHNICAL ASSISTANCE DESCRIBED.—
5 The technical assistance referred to in subpara-
6 graph (A) is technical assistance in building or-
7 ganizational or community capacity—
8 (i) to engage in transportation plan-
9 ning; and
10 (ii) to identify innovative solutions to
11 infrastructure challenges, including recon-
12 necting communities that—
13 (I) are bifurcated by eligible fa-
14 cilities; or
15 (II) lack safe, reliable, and afford-
16 able transportation choices.
17 (C) PRIORITIES.—In selecting recipients of
18 technical assistance under subparagraph (A), the
19 Secretary shall give priority to an application
20 from a community that is economically dis-
21 advantaged.
22 (4) SELECTION.—The Secretary shall—
23 (A) solicit applications for—
24 (i) planning grants; and
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1 (ii) technical assistance under para-
2 graph (3); and
3 (B) evaluate applications for a planning
4 grant on the basis of the demonstration by the
5 applicant that—
6 (i) the eligible facility is aged and is
7 likely to need replacement or significant re-
8 construction within the 20-year period be-
9 ginning on the date of the submission of the
10 application;
11 (ii) the eligible facility—
12 (I) creates barriers to mobility,
13 access, or economic development; or
14 (II) is not justified by current
15 and forecast future travel demand; and
16 (iii) on the basis of preliminary inves-
17 tigations into the feasibility of removing,
18 retrofitting, or mitigating the eligible facil-
19 ity to restore community connectivity, fur-
20 ther investigation is necessary and likely to
21 be productive.
22 (5) AWARD AMOUNTS.—A planning grant may
23 not exceed $2,000,000 per recipient.
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1 (6) FEDERAL SHARE.—The total Federal share
2 of the cost of a planning activity for which a plan-
3 ning grant is used shall not exceed 80 percent.
4 (d) CAPITAL CONSTRUCTION GRANTS.—
5 (1) ELIGIBLE ENTITIES.—The Secretary may
6 award a grant (referred to in this section as a ‘‘cap-
7 ital construction grant’’) to the owner of an eligible
8 facility to carry out an eligible project described in
9 paragraph (3) for which all necessary feasibility stud-
10 ies and other planning activities have been completed.
11 (2) PARTNERSHIPS.—An owner of an eligible fa-
12 cility may, for the purposes of submitting an applica-
13 tion 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 be
22 carried out with a capital construction grant in-
23 cludes—
24 (A) the removal, retrofit, or mitigation of
25 an eligible facility; and
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1 (B) the replacement of an eligible facility
2 with a new facility that—
3 (i) restores community connectivity;
4 and
5 (ii) is—
6 (I) sensitive to the context of the
7 surrounding community; and
8 (II) otherwise eligible for funding
9 under title 23, United States Code.
10 (4) SELECTION.—The Secretary shall—
11 (A) solicit applications for capital construc-
12 tion grants; and
13 (B) evaluate applications on the basis of—
14 (i) the degree to which the project will
15 improve mobility and access through the re-
16 moval of barriers;
17 (ii) the appropriateness of removing,
18 retrofitting, or mitigating the eligible facil-
19 ity, based on current traffic patterns and
20 the ability of the replacement facility and
21 the regional transportation network to ab-
22 sorb transportation demand and provide
23 safe mobility and access;
24 (iii) the impact of the project on
25 freight movement;
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1 (iv) the results of a cost-benefit anal-
2 ysis of the project;
3 (v) the opportunities for inclusive eco-
4 nomic development;
5 (vi) the degree to which the eligible fa-
6 cility is out of context with the current or
7 planned land use;
8 (vii) the results of any feasibility study
9 completed for the project; and
10 (viii) the plan of the applicant for—
11 (I) employing residents in the
12 area impacted by the project through
13 targeted hiring programs, in partner-
14 ship with registered apprenticeship
15 programs, if applicable; and
16 (II) contracting and subcon-
17 tracting with disadvantaged business
18 enterprises.
19 (5) MINIMUM AWARD AMOUNTS.—A capital con-
20 struction grant shall be in an amount not less than
21 $5,000,000 per recipient.
22 (6) FEDERAL SHARE.—
23 (A) IN GENERAL.—Subject to subparagraph
24 (B), a capital construction grant may not exceed
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1 50 percent of the total cost of the project for
2 which the grant is awarded.
3 (B) MAXIMUM FEDERAL INVOLVEMENT.—
4 Federal assistance other than a capital construc-
5 tion grant may be used to satisfy the non-Fed-
6 eral share of the cost of a project for which the
7 grant is awarded, except that the total Federal
8 assistance provided for a project for which the
9 grant is awarded may not exceed 80 percent of
10 the total cost of the project.
11 (7) COMMUNITY ADVISORY BOARD.—
12 (A) IN GENERAL.—To help achieve inclusive
13 economic development benefits with respect to the
14 project for which a grant is awarded, a grant re-
15 cipient may form a community advisory board,
16 which shall—
17 (i) facilitate community engagement
18 with respect to the project; and
19 (ii) track progress with respect to com-
20 mitments of the grant recipient to inclusive
21 employment, contracting, and economic de-
22 velopment under the project.
23 (B) MEMBERSHIP.—If a grant recipient
24 forms a community advisory board under sub-
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1 paragraph (A), the community advisory board
2 shall be composed of representatives of—
3 (i) the community;
4 (ii) owners of businesses that serve the
5 community;
6 (iii) labor organizations that represent
7 workers that serve the community; and
8 (iv) State and local government.
9 (e) REPORTS.—
10 (1) USDOT REPORT ON PROGRAM.—Not later
11 than January 1, 2026, the Secretary shall submit to
12 the Committee on Environment and Public Works of
13 the Senate and the Committee on Transportation and
14 Infrastructure of the House of Representatives a re-
15 port that evaluates the program under this section,
16 including—
17 (A) information about the level of applicant
18 interest in planning grants, technical assistance
19 under subsection (c)(3), and capital construction
20 grants, including the extent to which overall de-
21 mand exceeded available funds; and
22 (B) for recipients of capital construction
23 grants, the outcomes and impacts of the highway
24 removal project, including—
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1 (i) any changes in the overall level of
2 mobility, congestion, access, and safety in
3 the project area; and
4 (ii) environmental impacts and eco-
5 nomic development opportunities in the
6 project area.
7 (2) GAO REPORT ON HIGHWAY REMOVALS.—Not
8 later than 2 years after the date of enactment of this
9 Act, the Comptroller General of the United States
10 shall issue a report that—
11 (A) identifies examples of projects to remove
12 highways using Federal highway funds;
13 (B) evaluates the effect of highway removal
14 projects on the surrounding area, including im-
15 pacts to the local economy, congestion effects,
16 safety outcomes, and impacts on the movement of
17 freight and people;
18 (C) evaluates the existing Federal-aid pro-
19 gram eligibility under title 23, United States
20 Code, for highway removal projects;
21 (D) analyzes the costs and benefits of and
22 barriers to removing underutilized highways that
23 are nearing the end of their useful life compared
24 to replacing or reconstructing the highway; and
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1 (E) provides recommendations for inte-
2 grating those assessments into transportation
3 planning and decision-making processes.
4 (f) TECHNICAL ASSISTANCE.—Of the funds made
5 available to carry out this section for planning grants, the
6 Secretary may use not more than $15,000,000 during the
7 period of fiscal years 2022 through 2026 to provide tech-
8 nical assistance under subsection (c)(3).
9 (g) TREATMENT OF PROJECTS.—Notwithstanding any
10 other provision of law, a project assisted under this section
11 shall be treated as a project on a Federal-aid highway under
12 chapter 1 of title 23, United States Code.
13 SEC. 11510. CYBERSECURITY TOOL; CYBER COORDINATOR.
14 (a) DEFINITIONS.—In this section:
15 (1) ADMINISTRATOR.—The term ‘‘Adminis-
16 trator’’ means the Administrator of the Federal High-
17 way Administration.
18 (2) CYBER INCIDENT.—The term ‘‘cyber inci-
19 dent’’ has the meaning given the term ‘‘incident’’ in
20 section 3552 of title 44, United States Code.
21 (3) TRANSPORTATION AUTHORITY.—The term
22 ‘‘transportation authority’’ means—
23 (A) a public authority (as defined in section
24 101(a) of title 23, United States Code);
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1 (B) an owner or operator of a highway (as
2 defined in section 101(a) of title 23, United
3 States Code);
4 (C) a manufacturer that manufactures a
5 product related to transportation; and
6 (D) a division office of the Federal High-
7 way Administration.
8 (b) CYBERSECURITY TOOL.—
9 (1) IN GENERAL.—Not later than 2 years after
10 the date of enactment of this Act, the Administrator
11 shall develop a tool to assist transportation authori-
12 ties in identifying, detecting, protecting against, re-
13 sponding to, and recovering from cyber incidents.
14 (2) REQUIREMENTS.—In developing the tool
15 under paragraph (1), the Administrator shall—
16 (A) use the cybersecurity framework estab-
17 lished by the National Institute of Standards
18 and Technology and required by Executive Order
19 13636 of February 12, 2013 (78 Fed. Reg.
20 11739; relating to improving critical infrastruc-
21 ture cybersecurity);
22 (B) establish a structured cybersecurity as-
23 sessment and development program;
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1 (C) coordinate with the Transportation Se-
2 curity Administration and the Cybersecurity
3 and Infrastructure Security Agency;
4 (D) consult with appropriate transportation
5 authorities, operating agencies, industry stake-
6 holders, and cybersecurity experts; and
7 (E) provide for a period of public comment
8 and review on the tool.
9 (c) DESIGNATION OF CYBER COORDINATOR.—
10 (1) IN GENERAL.—Not later than 2 years after
11 the date of enactment of this Act, the Administrator
12 shall designate an office as a ‘‘cyber coordinator’’,
13 which shall be responsible for monitoring, alerting,
14 and advising transportation authorities of cyber inci-
15 dents.
16 (2) REQUIREMENTS.—The office designated
17 under paragraph (1) shall, in coordination with the
18 Transportation Security Administration and the Cy-
19 bersecurity and Infrastructure Security Agency—
20 (A) provide to transportation authorities a
21 secure method of notifying the Federal Highway
22 Administration of cyber incidents;
23 (B) share the information collected under
24 subparagraph (A) with the Transportation Secu-
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1 rity Administration and the Cybersecurity and
2 Infrastructure Security Agency;
3 (C) monitor cyber incidents that affect
4 transportation authorities;
5 (D) alert transportation authorities to cyber
6 incidents that affect those transportation au-
7 thorities;
8 (E) investigate unaddressed cyber incidents
9 that affect transportation authorities; and
10 (F) provide to transportation authorities
11 educational resources, outreach, and awareness
12 on fundamental principles and best practices in
13 cybersecurity for transportation systems.
14 SEC. 11511. REPORT ON EMERGING ALTERNATIVE FUEL VE-
15 HICLES AND INFRASTRUCTURE.
16 (a) DEFINITIONS.—In this section:
17 (1) EMERGING ALTERNATIVE FUEL VEHICLE.—
18 The term ‘‘emerging alternative fuel vehicle’’ means a
19 vehicle fueled by hydrogen, natural gas, or propane.
20 (2) EMERGING ALTERNATIVE FUELING INFRA-
21 STRUCTURE.—The term ‘‘emerging alternative fueling
22 infrastructure’’ means infrastructure for fueling an
23 emerging alternative fuel vehicle.
24 (b) REPORT.—Not later than 1 year after the date of
25 enactment of this Act, to help guide future investments for
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1 emerging alternative fueling infrastructure, the Secretary
2 shall submit to Congress and make publicly available a re-
3 port that—
4 (1) includes an evaluation of emerging alter-
5 native fuel vehicles and projections for potential loca-
6 tions of emerging alternative fuel vehicle owners dur-
7 ing the 5-year period beginning on the date of sub-
8 mission of the report;
9 (2) identifies areas where emerging alternative
10 fueling infrastructure will be needed to meet the cur-
11 rent and future needs of drivers during the 5-year pe-
12 riod beginning on the date of submission of the report;
13 (3) identifies specific areas, such as a lack of
14 pipeline infrastructure, that may impede deployment
15 and adoption of emerging alternative fuel vehicles;
16 (4) includes a map that identifies concentrations
17 of emerging alternative fuel vehicles to meet the needs
18 of current and future emerging alternative fueling in-
19 frastructure;
20 (5) estimates the future need for emerging alter-
21 native fueling infrastructure to support the adoption
22 and use of emerging alternative fuel vehicles; and
23 (6) includes a tool to allow States to compare
24 and evaluate different adoption and use scenarios for
25 emerging alternative fuel vehicles, with the ability to
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1 adjust factors to account for regionally specific char-
2 acteristics.
3 SEC. 11512. NONHIGHWAY RECREATIONAL FUEL STUDY.
4 (a) DEFINITIONS.—In this section:
5 (1) HIGHWAY TRUST FUND.—The term ‘‘High-
6 way Trust Fund’’ means the Highway Trust Fund es-
7 tablished by section 9503(a) of the Internal Revenue
8 Code of 1986.
9 (2) NONHIGHWAY RECREATIONAL FUEL TAXES.—
10 The term ‘‘nonhighway recreational fuel taxes’’ means
11 taxes under section 4041 and 4081 of the Internal
12 Revenue Code of 1986 with respect to fuel used in ve-
13 hicles on recreational trails or back country terrain
14 (including vehicles registered for highway use when
15 used on recreational trails, trail access roads not eli-
16 gible for funding under title 23, United States Code,
17 or back country terrain).
18 (3) RECREATIONAL TRAILS PROGRAM.—The term
19 ‘‘recreational trails program’’ means the recreational
20 trails program under section 206 of title 23, United
21 States Code.
22 (b) ASSESSMENT; REPORT.—
23 (1) ASSESSMENT.—Not later than 1 year after
24 the date of enactment of this Act and not less fre-
25 quently than once every 5 years thereafter, as deter-
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1 mined by the Secretary, the Secretary shall carry out
2 an assessment of the best available estimate of the
3 total amount of nonhighway recreational fuel taxes
4 received by the Secretary of the Treasury and trans-
5 ferred to the Highway Trust Fund for the period cov-
6 ered by the assessment.
7 (2) REPORT.—After carrying out each assess-
8 ment under paragraph (1), the Secretary shall submit
9 to the Committees on Finance and Environment and
10 Public Works of the Senate and the Committees on
11 Ways and Means and Transportation and Infrastruc-
12 ture of the House of Representatives a report that in-
13 cludes—
14 (A) to assist Congress in determining an
15 appropriate funding level for the recreational
16 trails program—
17 (i) a description of the results of the
18 assessment; and
19 (ii) an evaluation of whether the cur-
20 rent recreational trails program funding
21 level reflects the amount of nonhighway rec-
22 reational fuel taxes collected and transferred
23 to the Highway Trust Fund; and
24 (B) in the case of the first report submitted
25 under this paragraph, an estimate of the fre-
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1 quency with which the Secretary anticipates car-
2 rying out the assessment under paragraph (1),
3 subject to the condition that such an assessment
4 shall be carried out not less frequently than once
5 every 5 years.
6 (c) CONSULTATION.—In carrying out an assessment
7 under subsection (b)(1), the Secretary may consult with, as
8 the Secretary determines to be appropriate—
9 (1) the heads of—
10 (A) State agencies designated by Governors
11 pursuant to section 206(c)(1) of title 23, United
12 States Code, to administer the recreational trails
13 program; and
14 (B) division offices of the Department;
15 (2) the Secretary of the Treasury;
16 (3) the Administrator of the Federal Highway
17 Administration; and
18 (4) groups representing recreational activities
19 and interests, including hiking, biking and mountain
20 biking, horseback riding, water trails, snowshoeing,
21 cross-country skiing, snowmobiling, off-highway
22 motorcycling, all-terrain vehicles and other offroad
23 motorized vehicle activities, and recreational trail ad-
24 vocates.
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1 SEC. 11513. BUY AMERICA.
2 Section 313 of title 23, United States Code, is amend-
3 ed—
4 (1) by redesignating subsection (g) as subsection
5 (h); and
6 (2) by inserting after subsection (f) the following:
7 ‘‘(g) WAIVERS.—
8 ‘‘(1) IN GENERAL.—Not less than 15 days before
9 issuing a waiver under this section, the Secretary
10 shall provide to the public—
11 ‘‘(A) notice of the proposed waiver;
12 ‘‘(B) an opportunity for comment on the
13 proposed waiver; and
14 ‘‘(C) the reasons for the proposed waiver.
15 ‘‘(2) REPORT.—Not less frequently than annu-
16 ally, the Secretary shall submit to the Committee on
17 Environment and Public Works of the Senate and the
18 Committee on Transportation and Infrastructure of
19 the House of Representatives a report on the waivers
20 provided under this section.’’.
21 SEC. 11514. HIGH PRIORITY CORRIDORS ON THE NATIONAL
22 HIGHWAY SYSTEM.
23 (a) HIGH PRIORITY CORRIDORS.—Section 1105(c) of
24 the Intermodal Surface Transportation Efficiency Act of
25 1991 (Public Law 102–240; 105 Stat. 2032; 133 Stat. 3018)
26 is amended—
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1 (1) by striking paragraph (84) and inserting the
2 following:
3 ‘‘(84) The Central Texas Corridor, including the
4 route—
5 ‘‘(A) commencing in the vicinity of Texas
6 Highway 338 in Odessa, Texas, running east-
7 ward generally following Interstate Route 20,
8 connecting to Texas Highway 158 in the vicinity
9 of Midland, Texas, then following Texas High-
10 way 158 eastward to United States Route 87
11 and then following United States Route 87
12 southeastward, passing in the vicinity of San
13 Angelo, Texas, and connecting to United States
14 Route 190 in the vicinity of Brady, Texas;
15 ‘‘(B) commencing at the intersection of
16 Interstate Route 10 and United States Route 190
17 in Pecos County, Texas, and following United
18 States Route 190 to Brady, Texas;
19 ‘‘(C) following portions of United States
20 Route 190 eastward, passing in the vicinity of
21 Fort Hood, Killeen, Belton, Temple, Bryan, Col-
22 lege Station, Huntsville, Livingston, Woodville,
23 and Jasper, to the logical terminus of Texas
24 Highway 63 at the Sabine River Bridge at
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1 Burrs Crossing and including a loop generally
2 encircling Bryan/College Station, Texas;
3 ‘‘(D) following United States Route 83
4 southward from the vicinity of Eden, Texas, to
5 a logical connection to Interstate Route 10 at
6 Junction, Texas;
7 ‘‘(E) following United States Route 69 from
8 Interstate Route 10 in Beaumont, Texas, north
9 to United States Route 190 in the vicinity of
10 Woodville, Texas;
11 ‘‘(F) following United States Route 96 from
12 Interstate Route 10 in Beaumont, Texas, north
13 to United States Route 190 in the vicinity of
14 Jasper, Texas; and
15 ‘‘(G) following United States Route 190,
16 State Highway 305, and United States Route
17 385 from Interstate Route 10 in Pecos County,
18 Texas, to Interstate 20 at Odessa, Texas.’’; and
19 (2) by adding at the end the following:
20 ‘‘(92) United States Route 421 from the inter-
21 change with Interstate Route 85 in Greensboro, North
22 Carolina, to the interchange with Interstate Route 95
23 in Dunn, North Carolina.
24 ‘‘(93) The South Mississippi Corridor from the
25 Louisiana and Mississippi border near Natchez, Mis-
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1 sissippi, to Gulfport, Mississippi, shall generally fol-
2 low—
3 ‘‘(A) United States Route 84 from the Lou-
4 isiana border at the Mississippi River passing in
5 the vicinity of Natchez, Brookhaven, Monticello,
6 Prentiss, and Collins, Mississippi, to the logical
7 terminus with Interstate Route 59 in the vicin-
8 ity of Laurel, Mississippi, and continuing on
9 Interstate Route 59 south to the vicinity of Hat-
10 tiesburg, Mississippi; and
11 ‘‘(B) United States Route 49 from the vicin-
12 ity of Hattiesburg, Mississippi, south to Inter-
13 state Route 10 in the vicinity of Gulfport, Mis-
14 sissippi, following Mississippi Route 601 south
15 and terminating near the Mississippi State Port
16 at Gulfport.
17 ‘‘(94) The Kosciusko to Gulf Coast corridor com-
18 mencing at the logical terminus of Interstate Route
19 55 near Vaiden, Mississippi, running south and pass-
20 ing east of the vicinity of the Jackson Urbanized
21 Area, connecting to United States Route 49 north of
22 Hattiesburg, Mississippi, and generally following
23 United States Route 49 to a logical connection with
24 Interstate Route 10 in the vicinity of Gulfport, Mis-
25 sissippi.
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1 ‘‘(95) The Interstate Route 22 spur from the vi-
2 cinity of Tupelo, Mississippi, running south generally
3 along United States Route 45 to the vicinity of Shan-
4 non, Mississippi.
5 ‘‘(96) The route that generally follows United
6 States Route 412 from its intersection with Interstate
7 Route 35 in Noble County, Oklahoma, passing
8 through Tulsa, Oklahoma, to its intersection with
9 Interstate Route 49 in Springdale, Arkansas.
10 ‘‘(97) The Louie B. Nunn Cumberland Express-
11 way from the interchange with Interstate Route 65 in
12 Barren County, Kentucky, east to the interchange
13 with United States Highway 27 in Somerset, Ken-
14 tucky.
15 ‘‘(98) The route that generally follows State
16 Route 7 from Grenada, Mississippi, to Holly Springs,
17 Mississippi, passing in the vicinity of Coffeeville,
18 Water Valley, Oxford, and Abbeville, Mississippi, to
19 its logical connection with Interstate Route 22 in the
20 vicinity of Holly Springs, Mississippi.
21 ‘‘(99) The Central Louisiana Corridor com-
22 mencing at the logical terminus of Louisiana High-
23 way 8 at the Sabine River Bridge at Burrs Crossing
24 and generally following portions of Louisiana High-
25 way 8 to Leesville, Louisiana, and then eastward on
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1 Louisiana Highway 28, passing in the vicinity of Al-
2 exandria, Pineville, Walters, and Archie, to the log-
3 ical terminus of United States Route 84 at the Mis-
4 sissippi River Bridge at Vidalia, Louisiana.
5 ‘‘(100) The Central Mississippi Corridor, includ-
6 ing the route—
7 ‘‘(A) commencing at the logical terminus of
8 United States Route 84 at the Mississippi River
9 and then generally following portions of United
10 States Route 84 passing in the vicinity of Natch-
11 ez, Brookhaven, Monticello, Prentiss, and Collins,
12 to Interstate Route 59 in the vicinity of Laurel,
13 Mississippi, and continuing on Interstate Route
14 59 north to Interstate Route 20 and on Interstate
15 Route 20 to the Mississippi–Alabama State bor-
16 der; and
17 ‘‘(B) commencing in the vicinity of Laurel,
18 Mississippi, running south on Interstate Route
19 59 to United States Route 98 in the vicinity of
20 Hattiesburg, connecting to United States Route
21 49 south then following United States Route 49
22 south to Interstate Route 10 in the vicinity of
23 Gulfport and following Mississippi Route 601
24 southerly terminating near the Mississippi State
25 Port at Gulfport.
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1 ‘‘(101) The Middle Alabama Corridor including
2 the route—
3 ‘‘(A) beginning at the Alabama–Mississippi
4 border generally following portions of I–20 until
5 following a new interstate extension paralleling
6 United States Highway 80, specifically—
7 ‘‘(B) crossing Alabama Route 28 near
8 Coatopa, Alabama, traveling eastward crossing
9 United States Highway 43 and Alabama Route
10 69 near Selma, Alabama, traveling eastwards
11 closely paralleling United States Highway 80 to
12 the south crossing over Alabama Routes 22, 41,
13 and 21, until its intersection with I–65 near
14 Hope Hull, Alabama;
15 ‘‘(C) continuing east along the proposed
16 Montgomery Outer Loop south of Montgomery,
17 Alabama where it would next join with I–85 east
18 of Montgomery, Alabama;
19 ‘‘(D) continuing along I–85 east bound
20 until its intersection with United States High-
21 way 280 near Opelika, Alabama or United
22 States Highway 80 near Tuskegee, Alabama;
23 ‘‘(E) generally following the most expedient
24 route until intersecting with existing United
25 States Highway 80 (JR Allen Parkway) through
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1 Phenix City until continuing into Columbus,
2 Georgia.
3 ‘‘(102) The Middle Georgia Corridor including
4 the route—
5 ‘‘(A) beginning at the Alabama–Georgia
6 Border generally following the Fall Line Free-
7 way from Columbus, Georgia to Augusta, Geor-
8 gia, specifically—
9 ‘‘(B) travelling along United States Route
10 80 (JR Allen Parkway) through Columbus, Geor-
11 gia and near Fort Benning, Georgia, east to Tal-
12 bot County, Georgia where it would follow Geor-
13 gia Route 96, then commencing on Georgia
14 Route 49C (Fort Valley Bypass) to Georgia
15 Route 49 (Peach Parkway) to its intersection
16 with Interstate Route 75 in Byron, Georgia;
17 ‘‘(C) continuing north along Interstate
18 Route 75 through Warner Robins and Macon,
19 Georgia where it would meet Interstate Route 16,
20 then following Interstate Route 16 east it would
21 next join United States Route 80 and then onto
22 State Route 57;
23 ‘‘(D) commencing with State Route 57
24 which turns into State Route 24 near
25 Milledgeville, Georgia would then bypass Wrens,
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1 Georgia with a newly constructed bypass, and
2 after the bypass it would join United States
3 Route 1 near Fort Gordon into Augusta, Georgia
4 where it will terminate at Interstate Route
5 520.’’.
6 (b) DESIGNATION AS FUTURE INTERSTATES.—Section
7 1105(e)(5)(A) of the Intermodal Surface Transportation Ef-
8 ficiency Act of 1991 (Public Law 102–240; 109 Stat. 597;
9 133 Stat. 3018) is amended in the first sentence—
10 (1) by inserting ‘‘subsection (c)(84),’’ after ‘‘sub-
11 section (c)(83),’’; and
12 (2) by striking ‘‘and subsection (c)(91)’’ and in-
13 serting ‘‘subsection (c)(91), subsection (c)(92), sub-
14 section (c)(93)(A), subsection (c)(94), subsection
15 (c)(95), subsection (c)(96), subsection (c)(97), sub-
16 section (c)(99), subsection (c)(100), subsection
17 (c)(101), and subsection (c)(102)’’.
18 (c) NUMBERING OF PARKWAY.—Section
19 1105(e)(5)(C)(i) of the Intermodal Surface Transportation
20 Efficiency Act of 1991 (Public Law 102–240; 109 Stat. 598;
21 133 Stat. 3018) is amended—
22 (1) by striking the fifteenth sentence and insert-
23 ing the following: ‘‘The route referred to in subsection
24 (c)(84)(A) is designated as Interstate Route I–14
25 North. The route referred to in subsection (c)(84)(B)
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1 is designated as Interstate Route I–14 South. The
2 Bryan/College Station, Texas loop referred to in sub-
3 section (c)(84)(C) is designated as Interstate Route I–
4 214.’’; and
5 (2) by adding at the end the following: ‘‘The
6 route referred to in subsection (c)(97) is designated as
7 Interstate Route I–365. The routes referred to in sub-
8 sections (c)(84)(C), (c)(99), (c)(100), (c)(101), and
9 (c)(102) are designated as Interstate Route I–14. The
10 routes referred to in subparagraphs (D), (E), (F), and
11 (G) of subsection (c)(84) and subparagraph (B) of
12 subsection (c)(100) shall each be given separate Inter-
13 state route numbers.’’.
14 (d) GAO REPORT ON DESIGNATION OF SEGMENTS AS
15 PART OF INTERSTATE SYSTEM.—
16 (1) DEFINITION OF APPLICABLE SEGMENT.—In
17 this subsection, the term ‘‘applicable segment’’ means
18 the route described in paragraph (92) of section
19 1105(c) of the Intermodal Surface Transportation Ef-
20 ficiency Act of 1991 (Public Law 102–240; 105 Stat.
21 2032).
22 (2) REPORT.—
23 (A) IN GENERAL.—Not later than 2 years
24 after the date on which the applicable segment is
25 open for operations as part of the Interstate Sys-
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1 tem, the Comptroller General of the United
2 States shall submit to Congress a report on the
3 impact, if any, during that 2-year period of al-
4 lowing the continuation of weight limits that ap-
5 plied before the designation of the applicable seg-
6 ment as a route on the Interstate System.
7 (B) REQUIREMENTS.—The report under
8 subparagraph (A) shall—
9 (i) be informed by the views and docu-
10 mentation provided by the State highway
11 agency (or equivalent agency) in the State
12 in which the applicable segment is located;
13 (ii) describe any impacts on safety and
14 infrastructure on the applicable segment;
15 (iii) describe any view of the State
16 highway agency (or equivalent agency) in
17 the State in which the applicable segment is
18 located on the impact of the applicable seg-
19 ment; and
20 (iv) focus only on the applicable seg-
21 ment.
22 SEC. 11515. INTERSTATE WEIGHT LIMITS.
23 Section 127 of title 23, United States Code, is amend-
24 ed—
25 (1) in subsection (l)(3)(A)—
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1 (A) in the matter preceding clause (i), in
2 the first sentence, by striking ‘‘clauses (i) through
3 (iv) of this subparagraph’’ and inserting
4 ‘‘clauses (i) through (v)’’; and
5 (B) by adding at the end the following:
6 ‘‘(v) The Louie B. Nunn Cumberland
7 Expressway (to be designated as a spur of
8 Interstate Route 65) from the interchange
9 with Interstate Route 65 in Barren County,
10 Kentucky, east to the interchange with
11 United States Highway 27 in Somerset,
12 Kentucky.’’; and
13 (2) by adding at the end the following:
14 ‘‘(v) OPERATION OF VEHICLES ON CERTAIN NORTH
15 CAROLINA HIGHWAYS.—If any segment in the State of
16 North Carolina of United States Route 17, United States
17 Route 29, United States Route 52, United States Route 64,
18 United States Route 70, United States Route 74, United
19 States Route 117, United States Route 220, United States
20 Route 264, or United States Route 421 is designated as a
21 route on the Interstate System, a vehicle that could operate
22 legally on that segment before the date of such designation
23 may continue to operate on that segment, without regard
24 to any requirement under subsection (a).
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1 ‘‘(w) OPERATION OF VEHICLES ON CERTAIN OKLA-
2 HOMA HIGHWAYS.—If any segment of the highway referred
3 to in paragraph (96) of section 1105(c) of the Intermodal
4 Surface Transportation Efficiency Act of 1991 (Public Law
5 102–240; 105 Stat. 2032) is designated as a route on the
6 Interstate System, a vehicle that could operate legally on
7 that segment before the date of such designation may con-
8 tinue to operate on that segment, without any regard to
9 any requirement under this section.’’.
10 SEC. 11516. REPORT ON AIR QUALITY IMPROVEMENTS.
11 (a) IN GENERAL.—Not later than 3 years after the
12 date of enactment of this Act, the Comptroller General of
13 the United States shall submit a report that evaluates the
14 congestion mitigation and air quality improvement pro-
15 gram under section 149 of title 23, United States Code (re-
16 ferred to in this section as the ‘‘program’’), to—
17 (1) the Committee on Environment and Public
18 Works of the Senate; and
19 (2) the Committee on Transportation and Infra-
20 structure of the House of Representatives.
21 (b) CONTENTS.—The evaluation under subsection (a)
22 shall include an evaluation of—
23 (1) the reductions of ozone, carbon monoxide,
24 and particulate matter that result from projects under
25 the program;
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1 (2) the cost-effectiveness of the reductions de-
2 scribed in paragraph (1);
3 (3) the result of investments of funding under the
4 program in minority and low-income communities
5 that are disproportionately affected by ozone, carbon
6 monoxide, and particulate matter;
7 (4) the effectiveness, with respect to the attain-
8 ment or maintenance of national ambient air quality
9 standards under section 109 of the Clean Air Act (42
10 U.S.C. 7409) for ozone, carbon monoxide, and partic-
11 ulate matter, of performance measures established
12 under section 150(c)(5) of title 23, United States
13 Code, and performance targets established under sub-
14 section (d) of that section for traffic congestion and
15 on-road mobile source emissions;
16 (5) the extent to which there are any types of
17 projects that are not eligible funding under the pro-
18 gram that would be likely to contribute to the attain-
19 ment or maintenance of the national ambient air
20 quality standards described in paragraph (4); and
21 (6) the extent to which projects under the pro-
22 gram reduce sulfur dioxide, nitrogen dioxide, and
23 lead.
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1 SEC. 11517. ROADSIDE HIGHWAY SAFETY HARDWARE.
2 (a) IN GENERAL.—To the maximum extent prac-
3 ticable, the Secretary shall develop a process for third party
4 verification of full-scale crash testing results from crash test
5 labs, including a method for formally verifying the testing
6 outcomes and providing for an independent pass/fail deter-
7 mination. In establishing such a process, the Secretary shall
8 seek to ensure the independence of crash test labs by ensur-
9 ing that those labs have a clear separation between device
10 development and testing in cases in which lab employees
11 test devices that were developed within the parent organiza-
12 tion of the employee.
13 (b) CONTINUED ISSUANCE OF ELIGIBILITY LET-
14 TERS.—Until the implementation of the process described
15 in subsection (a) is complete, the Secretary may, and is
16 encouraged to, ensure that the Administrator of the Federal
17 Highway Administration continues to issue Federal-aid re-
18 imbursement eligibility letters for roadside safety hardware
19 as a service to States.
20 (c) REPORT TO CONGRESS.—
21 (1) IN GENERAL.—If the Secretary seeks to dis-
22 continue issuing the letters described in subsection
23 (b), the Secretary shall submit to the Committee on
24 Environment and Public Works of the Senate and the
25 Committee on Transportation and Infrastructure of
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1 the House of Representatives a report at least 1 year
2 before discontinuing the letters.
3 (2) INCLUSIONS.—The report described in para-
4 graph (1) shall include a summary of the third-party
5 verification process described in subsection (a) that
6 will replace the Federal Highway Administration
7 issuance of eligibility letters and any other relevant
8 information that the Secretary deems necessary.
9 SEC. 11518. PERMEABLE PAVEMENTS STUDY.
10 (a) IN GENERAL.—Not later than 1 year after the date
11 of enactment of this Act, the Secretary shall carry out a
12 study—
13 (1) to gather existing information on the effects
14 of permeable pavements on flood control in different
15 contexts, including in urban areas, and over the life-
16 time of the permeable pavement;
17 (2) to perform research to fill gaps in the exist-
18 ing information gathered under paragraph (1); and
19 (3) to develop—
20 (A) models for the performance of permeable
21 pavements in flood control; and
22 (B) best practices for designing permeable
23 pavement to meet flood control requirements.
24 (b) DATA SURVEY.—In carrying out the study under
25 subsection (a), the Secretary shall develop—
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1 (1) a summary, based on available literature
2 and models, of localized flood control capabilities of
3 permeable pavement that considers long-term per-
4 formance and cost information; and
5 (2) best practices for the design of localized flood
6 control using permeable pavement that considers long-
7 term performance and cost information.
8 (c) PUBLICATION.—The Secretary shall make a report
9 describing the results of the study under subsection (a) pub-
10 licly available.
11 SEC. 11519. EMERGENCY RELIEF PROJECTS.
12 (a) DEFINITION OF EMERGENCY RELIEF PROJECT.—
13 In this section, the term ‘‘emergency relief project’’ means
14 a project carried out under the emergency relief program
15 under section 125 of title 23, United States Code.
16 (b) IMPROVING THE EMERGENCY RELIEF PROGRAM.—
17 Not later than 90 days after the date of enactment of this
18 Act, the Secretary shall—
19 (1) revise the emergency relief manual of the
20 Federal Highway Administration—
21 (A) to include and reflect the definition of
22 the term ‘‘resilience’’ (as defined in section
23 101(a) of title 23, United States Code);
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1 (B) to identify procedures that States may
2 use to incorporate resilience into emergency relief
3 projects; and
4 (C) to encourage the use of Complete Streets
5 design principles and consideration of access for
6 moderate- and low-income families impacted by
7 a declared disaster;
8 (2) develop best practices for improving the use
9 of resilience in—
10 (A) the emergency relief program under sec-
11 tion 125 of title 23, United States Code; and
12 (B) emergency relief efforts;
13 (3) provide to division offices of the Federal
14 Highway Administration and State departments of
15 transportation information on the best practices de-
16 veloped under paragraph (2); and
17 (4) develop and implement a process to track—
18 (A) the consideration of resilience as part of
19 the emergency relief program under section 125
20 of title 23, United States Code; and
21 (B) the costs of emergency relief projects.
22 SEC. 11520. STUDY ON STORMWATER BEST MANAGEMENT
23 PRACTICES.
24 (a) STUDY.—Not later than 180 days after the date
25 of enactment of this Act, the Secretary and the Adminis-
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1 trator of the Environment Protection Agency shall offer to
2 enter into an agreement with the Transportation Research
3 Board of the National Academy of Sciences to conduct a
4 study—
5 (1) to estimate pollutant loads from stormwater
6 runoff from highways and pedestrian facilities eligible
7 for assistance under title 23, United States Code, to
8 inform the development of appropriate total max-
9 imum daily load (as defined in section 130.2 of title
10 40, Code of Federal Regulations (or successor regula-
11 tions)) requirements;
12 (2) to provide recommendations regarding the
13 evaluation and selection by State departments of
14 transportation of potential stormwater management
15 and total maximum daily load compliance strategies
16 within a watershed, including environmental restora-
17 tion and pollution abatement carried out under sec-
18 tion 328 of title 23, United States Code (including
19 any revisions to law (including regulations) that the
20 Transportation Research Board determines to be ap-
21 propriate); and
22 (3) to examine the potential for the Secretary to
23 assist State departments of transportation in car-
24 rying out and communicating stormwater manage-
25 ment practices for highways and pedestrian facilities
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1 that are eligible for assistance under title 23, United
2 States Code, through information-sharing agreements,
3 database assistance, or an administrative platform to
4 provide the information described in paragraphs (1)
5 and (2) to entities issued permits under the Federal
6 Water Pollution Control Act (33 U.S.C. 1251 et seq.).
7 (b) REQUIREMENTS.—If the Transportation Research
8 Board enters into an agreement under subsection (a), in
9 conducting the study under that subsection, the Transpor-
10 tation Research Board shall—
11 (1) review and supplement, as appropriate, the
12 methodologies examined and recommended in the re-
13 port of the National Academies of Sciences, Engineer-
14 ing, and Medicine entitled ‘‘Approaches for Deter-
15 mining and Complying with TMDL Requirements
16 Related to Roadway Stormwater Runoff’’ and dated
17 2019;
18 (2) consult with—
19 (A) the Secretary;
20 (B) the Administrator of the Environmental
21 Protection Agency;
22 (C) the Secretary of the Army, acting
23 through the Chief of Engineers; and
24 (D) State departments of transportation;
25 and
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1 (3) solicit input from—
2 (A) stakeholders with experience in imple-
3 menting stormwater management practices for
4 projects; and
5 (B) educational and technical stormwater
6 management groups.
7 (c) REPORT.—If the Transportation Research Board
8 enters into an agreement under subsection (a), not later
9 than 18 months after the date of enactment of this Act, the
10 Transportation Research Board shall submit to the Sec-
11 retary, the Committee on Environment and Public Works
12 of the Senate, and the Committee on Transportation and
13 Infrastructure of the House of Representatives a report de-
14 scribing the results of the study.
15 SEC. 11521. STORMWATER BEST MANAGEMENT PRACTICES
16 REPORTS.
17 (a) DEFINITIONS.—In this section:
18 (1) ADMINISTRATOR.—The term ‘‘Adminis-
19 trator’’ means the Administrator of the Federal High-
20 way Administration.
21 (2) BEST MANAGEMENT PRACTICES REPORT.—
22 The term ‘‘best management practices report’’
23 means—
24 (A) the 2014 report sponsored by the Ad-
25 ministrator entitled ‘‘Determining the State of
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1 the Practice in Data Collection and Performance
2 Measurement of Stormwater Best Management
3 Practices’’; and
4 (B) the 1997 report sponsored by the Ad-
5 ministrator entitled ‘‘Stormwater Best Manage-
6 ment Practices in an Ultra-Urban Setting: Se-
7 lection and Monitoring’’.
8 (b) REISSUANCE.—Not later than 1 year after the date
9 of enactment of this Act, the Administrator shall update
10 and reissue each best management practices report to reflect
11 new information and advancements in stormwater manage-
12 ment.
13 (c) UPDATES.—Not less frequently than once every 5
14 years after the date on which the Administrator reissues
15 a best management practices report described in subsection
16 (b), the Administrator shall update and reissue the best
17 management practices report until the earlier of the date
18 on which—
19 (1) the best management practices report is with-
20 drawn; or
21 (2) the contents of the best management practices
22 report are incorporated (including by reference) into
23 applicable regulations of the Administrator.
24 SEC. 11522. INVASIVE PLANT ELIMINATION PROGRAM.
25 (a) DEFINITIONS.—In this section:
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1 (1) INVASIVE PLANT.—The term ‘‘invasive plant’’
2 means a nonnative plant, tree, grass, or weed species,
3 including, at a minimum, cheatgrass, Ventenata
4 dubia, medusahead, bulbous bluegrass, Japanese
5 brome, rattail fescue, Japanese honeysuckle,
6 phragmites, autumn olive, Bradford pear, wild pars-
7 nip, sericea lespedeza, spotted knapweed, garlic mus-
8 tard, and palmer amaranth.
9 (2) PROGRAM.—The term ‘‘program’’ means the
10 grant program established under subsection (b).
11 (3) TRANSPORTATION CORRIDOR.—The term
12 ‘‘transportation corridor’’ means a road, highway,
13 railroad, or other surface transportation route.
14 (b) ESTABLISHMENT.—The Secretary shall carry out
15 a program to provide grants to States to eliminate or con-
16 trol existing invasive plants or prevent introduction of or
17 encroachment by new invasive plants along and in areas
18 adjacent to transportation corridor rights-of-way.
19 (c) APPLICATION.—To be eligible to receive a grant
20 under the program, a State shall submit to the Secretary
21 an application at such time, in such manner, and con-
22 taining such information as the Secretary may require.
23 (d) ELIGIBLE ACTIVITIES.—
24 (1) IN GENERAL.—Subject to this subsection, a
25 State that receives a grant under the program may
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1 use the grant funds to carry out activities to elimi-
2 nate or control existing invasive plants or prevent in-
3 troduction of or encroachment by new invasive plants
4 along and in areas adjacent to transportation cor-
5 ridor rights-of-way.
6 (2) PRIORITIZATION OF PROJECTS.—In carrying
7 out the program, the Secretary shall give priority to
8 projects that utilize revegetation with native plants
9 and wildflowers, including those that are pollinator-
10 friendly.
11 (3) PROHIBITION ON CERTAIN USES OF
12 FUNDS.—Amounts provided to a State under the pro-
13 gram may not be used for costs relating to mowing
14 a transportation corridor right-of-way or the adjacent
15 area unless—
16 (A) mowing is identified as the best means
17 of treatment according to best management prac-
18 tices; or
19 (B) mowing is used in conjunction with an-
20 other treatment.
21 (4) LIMITATION.—Not more than 10 percent of
22 the amounts provided to a State under the program
23 may be used for the purchase of equipment.
24 (5) ADMINISTRATIVE AND INDIRECT COSTS.—Not
25 more than 5 percent of the amounts provided to a
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1 State under the program may be used for the admin-
2 istrative and other indirect costs (such as full time
3 employee salaries, rent, insurance, subscriptions, util-
4 ities, and office supplies) of carrying out eligible ac-
5 tivities.
6 (e) REQUIREMENTS.—
7 (1) COORDINATION.—In carrying out eligible ac-
8 tivities with a grant under the program, a State shall
9 coordinate with—
10 (A) units of local government, political sub-
11 divisions of the State, and Tribal authorities
12 that are carrying out eligible activities in the
13 areas to be treated;
14 (B) local regulatory authorities, in the case
15 of a treatment along or adjacent to a railroad
16 right-of-way; and
17 (C) with respect to the most effective road-
18 side control methods, State and Federal land
19 management agencies and any relevant Tribal
20 authorities.
21 (2) ANNUAL REPORT.—Not later than 1 year
22 after the date on which a State receives a grant under
23 the program, and annually thereafter, that State shall
24 provide to the Secretary an annual report on the
25 treatments carried out using funds from the grant.
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1 (f) FEDERAL SHARE.—
2 (1) IN GENERAL.—The Federal share of the cost
3 of an eligible activity carried out using funds from a
4 grant under the program shall be—
5 (A) in the case of a project that utilizes re-
6 vegetation with native plants and wildflowers,
7 including those that are pollinator-friendly, 75
8 percent; and
9 (B) in the case of any other project not de-
10 scribed in subparagraph (A), 50 percent.
11 (2) CERTAIN FUNDS COUNTED TOWARD NON-FED-
12 ERAL SHARE.—A State may include amounts ex-
13 pended by the State or a unit of local government in
14 the State to address current invasive plant popu-
15 lations and prevent future infestation along or in
16 areas adjacent to transportation corridor rights-of-
17 way in calculating the non-Federal share required
18 under the program.
19 (g) FUNDING.—There is authorized to be appropriated
20 to carry out the program $50,000,000 for each of fiscal
21 years 2022 through 2026.
22 SEC. 11523. OVER-THE-ROAD BUS TOLLING EQUITY.
23 Section 129(a) of title 23, United States Code, is
24 amended—
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1 (1) in paragraph (3)(B)(i), by inserting ‘‘, to-
2 gether with the results of the audit under paragraph
3 (9)(C),’’ after ‘‘the audits’’; and
4 (2) in paragraph (9)—
5 (A) by striking ‘‘An over-the-road’’ and in-
6 serting the following:
7 ‘‘(A) IN GENERAL.—An over-the-road’’;
8 (B) in subparagraph (A) (as so designated),
9 by striking ‘‘public transportation buses’’ and
10 inserting ‘‘public transportation vehicles’’; and
11 (C) by adding at the end the following:
12 ‘‘(B) REPORTS.—
13 ‘‘(i) IN GENERAL.—Not later than 90
14 days after the date of enactment of this sub-
15 paragraph, a public authority that operates
16 a toll facility shall report to the Secretary
17 any rates, terms, or conditions for access to
18 the toll facility by public transportation ve-
19 hicles that differ from the rates, terms, or
20 conditions applicable to over-the-road buses.
21 ‘‘(ii) UPDATES.—A public authority
22 that operates a toll facility shall report to
23 the Secretary any change to the rates,
24 terms, or conditions for access to the toll fa-
25 cility by public transportation vehicles that
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1 differ from the rates, terms, or conditions
2 applicable to over-the-road buses by not
3 later than 30 days after the date on which
4 the change takes effect.
5 ‘‘(iii) PUBLICATION.—The Secretary
6 shall publish information reported to the
7 Secretary under clauses (i) and (ii) on a
8 publicly accessible internet website.
9 ‘‘(C) ANNUAL AUDIT.—
10 ‘‘(i) IN GENERAL.—A public authority
11 (as defined in section 101(a)) with jurisdic-
12 tion over a toll facility shall—
13 ‘‘(I) conduct or have an inde-
14 pendent auditor conduct an annual
15 audit of toll facility records to verify
16 compliance with this paragraph; and
17 ‘‘(II) report the results of the
18 audit, together with the results of the
19 audit under paragraph (3)(B), to the
20 Secretary.
21 ‘‘(ii) RECORDS.—After providing rea-
22 sonable notice, a public authority described
23 in clause (i) shall make all records of the
24 public authority pertaining to the toll facil-
25 ity available for audit by the Secretary.
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1 ‘‘(iii) NONCOMPLIANCE.—If the Sec-
2 retary determines that a public authority
3 described in clause (i) has not complied
4 with this paragraph, the Secretary may re-
5 quire the public authority to discontinue
6 collecting tolls until an agreement with the
7 Secretary is reached to achieve compli-
8 ance.’’.
9 SEC. 11524. BRIDGE TERMINOLOGY.
10 (a) CONDITION OF NHS BRIDGES.—Section 119(f)(2)
11 of title 23, United States Code, is amended by striking
12 ‘‘structurally deficient’’ each place it appears and inserting
13 ‘‘in poor condition’’.
14 (b) NATIONAL BRIDGE AND TUNNEL INVENTORIES.—
15 Section 144(b)(5) of title 23, United States Code, is amend-
16 ed by striking ‘‘structurally deficient bridge’’ and inserting
17 ‘‘bridge classified as in poor condition’’.
18 (c) TRIBAL TRANSPORTATION FACILITY BRIDGES.—
19 Section 202(d) of title 23, United States Code, is amend-
20 ed—
21 (1) in paragraph (1), by striking ‘‘deficient
22 bridges eligible for the tribal transportation program’’
23 and inserting ‘‘bridges eligible for the tribal transpor-
24 tation program classified as in poor condition, hav-
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1 ing low load capacity, or needing geometric improve-
2 ments’’; and
3 (2) in paragraph (3)(C), by striking ‘‘struc-
4 turally deficient or functionally obsolete’’ and insert-
5 ing ‘‘classified as in poor condition, having a low
6 load capacity, or needing geometric improvements’’.
7 SEC. 11525. TECHNICAL CORRECTIONS.
8 (a) Section 101(b)(1) of title 23, United States Code,
9 is amended by inserting ‘‘Highways’’ after ‘‘and Defense’’.
10 (b) Section 104(f)(3) of title 23, United States Code,
11 is amended—
12 (1) in the paragraph heading, by striking ‘‘FED-
13 ERAL HIGHWAY ADMINISTRATION’’ and inserting ‘‘AN
14 OPERATING ADMINISTRATION OF THE DEPARTMENT
15 OF TRANSPORTATION’’; and
16 (2) in subparagraph (A), by striking ‘‘the Fed-
17 eral Highway Administration’’ and inserting ‘‘an op-
18 erating administration of the Department of Trans-
19 portation’’.
20 (c) Section 108(c)(3)(F) of title 23, United States
21 Code, is amended—
22 (1) by inserting ‘‘of 1969 (42 U.S.C. 4321 et
23 seq.)’’ after ‘‘Policy Act’’; and
24 (2) by striking ‘‘this Act’’ and inserting ‘‘this
25 title’’.
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1 (d) Section 112(b)(2) of title 23, United States Code,
2 is amended by striking ‘‘(F) (F) Subparagraphs’’ and in-
3 serting the following:
4 ‘‘(F) EXCLUSION.—Subparagraphs’’.
5 (e) Section 115(c) of title 23, United States Code, is
6 amended by striking ‘‘section 135(f)’’ and inserting ‘‘section
7 135(g)’’.
8 (f) Section 130(g) of title 23, United States Code, is
9 amended—
10 (1) in the third sentence—
11 (A) by striking ‘‘and Transportation,’’ and
12 inserting ‘‘and Transportation’’; and
13 (B) by striking ‘‘thereafter,,’’ and inserting
14 ‘‘thereafter,’’; and
15 (2) in the fifth sentence, by striking ‘‘railroad
16 highway’’ and inserting ‘‘railway-highway’’.
17 (g) Section 135(g) of title 23, United States Code, is
18 amended—
19 (1) in paragraph (3), by striking ‘‘operators),,’’
20 and inserting ‘‘operators),’’; and
21 (2) in paragraph (6)(B), by striking ‘‘5310,
22 5311, 5316, and 5317’’ and inserting ‘‘5310 and
23 5311’’.
24 (h) Section 139 of title 23, United States Code (as
25 amended by section 11301), is amended—
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1 (1) in subsection (b)(1), by inserting ‘‘(42 U.S.C.
2 4321 et seq.)’’ after ‘‘of 1969’’;
3 (2) in subsection (c), by inserting ‘‘(42 U.S.C.
4 4321 et seq.)’’ after ‘‘of 1969’’ each place it appears;
5 and
6 (3) in subsection (k)(2), by inserting ‘‘(42 U.S.C.
7 4321 et seq.)’’ after ‘‘of 1969’’.
8 (i) Section 140(a) of title 23, United States Code, is
9 amended, in the third sentence, by inserting a comma after
10 ‘‘Secretary’’.
11 (j) Section 148(i)(2)(D) of title 23, United States Code,
12 is amended by striking ‘‘safety safety’’ and inserting ‘‘safe-
13 ty’’.
14 (k) Section 166(a)(1) of title 23, United States Code,
15 is amended by striking the paragraph designation and
16 heading and all that follows through ‘‘A public authority’’
17 and inserting the following:
18 ‘‘(1) AUTHORITY OF PUBLIC AUTHORITIES.—A
19 public authority’’.
20 (l) Section 201(c)(6)(A)(ii) of title 23, United States
21 Code, is amended by striking ‘‘(25 U.S.C. 450 et seq.)’’ and
22 inserting ‘‘(25 U.S.C. 5301 et seq.)’’.
23 (m) Section 202 of title 23, United States Code, is
24 amended—
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1 (1) by striking ‘‘(25 U.S.C. 450 et seq.)’’ each
2 place it appears and inserting ‘‘(25 U.S.C. 5301 et
3 seq.)’’;
4 (2) in subsection (a)(10)(B), by striking ‘‘(25
5 U.S.C. 450e(b))’’ and inserting ‘‘(25 U.S.C.
6 5307(b))’’; and
7 (3) in subsection (b)(5), in the matter preceding
8 subparagraph (A), by inserting ‘‘the’’ after ‘‘agree-
9 ment under’’.
10 (n) Section 206(d)(2)(G) of title 23, United States
11 Code, is amended by striking ‘‘use of recreational trails’’
12 and inserting ‘‘uses of recreational trails’’.
13 (o) Section 207 of title 23, United States Code, is
14 amended—
15 (1) in subsection (g)—
16 (A) by striking ‘‘(25 U.S.C. 450j–1)’’ and
17 inserting ‘‘(25 U.S.C. 5325)’’; and
18 (B) by striking ‘‘(25 U.S.C. 450j–1(f))’’ and
19 inserting ‘‘(25 U.S.C. 5325(f))’’;
20 (2) in subsection (l)—
21 (A) in paragraph (1), by striking ‘‘(25
22 U.S.C. 458aaa–5)’’ and inserting ‘‘(25 U.S.C.
23 5386)’’;
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1 (B) in paragraph (2), by striking ‘‘(25
2 U.S.C. 458aaa–6)’’ and inserting ‘‘(25 U.S.C.
3 5387)’’;
4 (C) in paragraph (3), by striking ‘‘(25
5 U.S.C. 458aaa–7)’’ and inserting ‘‘(25 U.S.C.
6 5388)’’;
7 (D) in paragraph (4), by striking ‘‘(25
8 U.S.C. 458aaa–9)’’ and inserting ‘‘(25 U.S.C.
9 5390)’’;
10 (E) in paragraph (5), by striking ‘‘(25
11 U.S.C. 458aaa–10)’’ and inserting ‘‘(25 U.S.C.
12 5391)’’;
13 (F) in paragraph (6), by striking ‘‘(25
14 U.S.C. 458aaa–11)’’ and inserting ‘‘(25 U.S.C.
15 5392)’’;
16 (G) in paragraph (7), by striking ‘‘(25
17 U.S.C. 458aaa–14)’’ and inserting ‘‘(25 U.S.C.
18 5395)’’;
19 (H) in paragraph (8), by striking ‘‘(25
20 U.S.C. 458aaa–15)’’ and inserting ‘‘(25 U.S.C.
21 5396)’’; and
22 (I) in paragraph (9), by striking ‘‘(25
23 U.S.C. 458aaa–17)’’ and inserting ‘‘(25 U.S.C.
24 5398)’’; and
25 (3) in subsection (m)(2)—
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1 (A) by striking ‘‘505’’ and inserting ‘‘501’’;
2 and
3 (B) by striking ‘‘(25 U.S.C. 450b; 458aaa)’’
4 and inserting ‘‘(25 U.S.C. 5304; 5381)’’.
5 (p) Section 217(d) of title 23, United States Code, is
6 amended by striking ‘‘104(b)(3)’’ and inserting
7 ‘‘104(b)(4)’’.
8 (q) Section 323(d) of title 23, United States Code, is
9 amended in the matter preceding paragraph (1), in the sec-
10 ond sentence, by inserting ‘‘(42 U.S.C. 4321 et seq.)’’ after
11 ‘‘of 1969’’.
12 (r) Section 325 of title 23, United States Code, is re-
13 pealed.
14 (s) Section 504(g)(6) of title 23, United States Code,
15 is amended by striking ‘‘make grants or to’’ and inserting
16 ‘‘make grants to’’.
17 (t) The analysis for chapter 3 of title 23, United States
18 Code, is amended by striking the item relating to section
19 325.
20 SEC. 11526. WORKING GROUP ON COVERED RESOURCES.
21 (a) DEFINITIONS.—In this section:
22 (1) COVERED RESOURCE.—The term ‘‘covered re-
23 source’’ means a common variety material used in
24 transportation infrastructure construction and main-
25 tenance, including stone, sand, and gravel.
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1 (2) STATE.—The term ‘‘State’’ means each of the
2 several States, the District of Columbia, and each ter-
3 ritory or possession of the United States.
4 (3) WORKING GROUP.—The term ‘‘Working
5 Group’’ means the working group established under
6 subsection (b).
7 (b) ESTABLISHMENT.—Not later than 120 days after
8 the date of enactment of this Act, the Secretary shall estab-
9 lish a working group to conduct a study on access to covered
10 resources for infrastructure projects.
11 (c) MEMBERSHIP.—
12 (1) APPOINTMENT.—The Secretary shall appoint
13 to the Working Group individuals with knowledge
14 and expertise in the production and transportation of
15 covered resources.
16 (2) REPRESENTATION.—The Working Group
17 shall include not less than 1 representative of each of
18 the following:
19 (A) State departments of transportation.
20 (B) State agencies associated with covered
21 resources protection.
22 (C) State planning and geologic survey and
23 mapping agencies.
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1 (D) Commercial motor vehicle operators, in-
2 cluding small business operators and operators
3 who transport covered resources.
4 (E) Covered resources producers.
5 (F) Construction contractors.
6 (G) Labor organizations.
7 (H) Metropolitan planning organizations
8 and regional planning organizations.
9 (I) Indian Tribes, including Tribal elected
10 leadership or Tribal transportation officials.
11 (J) Any other stakeholders that the Sec-
12 retary determines appropriate.
13 (3) TERMINATION.—The Working Group shall
14 terminate 180 days after the date on which the Sec-
15 retary receives the report under subsection (f)(1).
16 (d) DUTIES.—In carrying out the study required
17 under subsection (b), the Working Group shall analyze—
18 (1) the use of covered resources in transportation
19 projects funded with Federal dollars;
20 (2) how the proximity of covered resources to
21 such projects affects the cost and environmental im-
22 pact of those projects;
23 (3) whether and how State, Tribal, and local
24 transportation and planning agencies consider cov-
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1 ered resources when developing transportation
2 projects; and
3 (4) any challenges for transportation project
4 sponsors regarding access and proximity to covered
5 resources.
6 (e) CONSULTATION.—In carrying out the study re-
7 quired under subsection (b), the Working Group shall con-
8 sult with, as appropriate—
9 (1) chief executive officers of States;
10 (2) State, Tribal, and local transportation and
11 planning agencies;
12 (3) other relevant State, Tribal, and local agen-
13 cies, including State agencies associated with covered
14 resources protection;
15 (4) members of the public with industry experi-
16 ence with respect to covered resources;
17 (5) other Federal entities that provide funding
18 for transportation projects; and
19 (6) any other stakeholder the Working Group de-
20 termines appropriate.
21 (f) REPORTS.—
22 (1) WORKING GROUP REPORT.—Not later than 2
23 years after the date on which the Working Group is
24 established, the Working Group shall submit to the
25 Secretary a report that includes—
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1 (A) the findings of the study required under
2 subsection (b), including a summary of com-
3 ments received during the consultation process
4 under subsection (e); and
5 (B) any recommendations to preserve access
6 to and reduce the costs and environmental im-
7 pacts of covered resources for infrastructure
8 projects.
9 (2) DEPARTMENTAL REPORT.—Not later than 90
10 days after the date on which the Secretary receives the
11 report under paragraph (1), the Secretary shall sub-
12 mit to the Committee on Transportation and Infra-
13 structure of the House of Representatives and the
14 Committee on Environment and Public Works of the
15 Senate a summary of the findings under the report
16 and any recommendations, as appropriate.
17 SEC. 11527. BLOOD TRANSPORT VEHICLES.
18 Section 166(b) of title 23, United States Code, is
19 amended by adding at the end the following:
20 ‘‘(6) BLOOD TRANSPORT VEHICLES.—The public
21 authority may allow blood transport vehicles that are
22 transporting blood between a collection point and a
23 hospital or storage center to use the HOV facility if
24 the public authority establishes requirements for clear-
25 ly identifying such vehicles.’’.
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1 SEC. 11528. POLLINATOR-FRIENDLY PRACTICES ON ROAD-
2 SIDES AND HIGHWAY RIGHTS-OF-WAY.
3 (a) IN GENERAL.—Chapter 3 of title 23, United States
4 Code (as amended by section 11309(a)), is amended by add-
5 ing at the end the following:
6 ‘‘§ 332. Pollinator-friendly practices on roadsides and
7 highway rights-of-way
8 ‘‘(a) IN GENERAL.—The Secretary shall establish a
9 program to provide grants to eligible entities to carry out
10 activities to benefit pollinators on roadsides and highway
11 rights-of-way, including the planting and seeding of native,
12 locally-appropriate grasses and wildflowers, including
13 milkweed.
14 ‘‘(b) ELIGIBLE ENTITIES.—An entity eligible to receive
15 a grant under this section is—
16 ‘‘(1) a State department of transportation;
17 ‘‘(2) an Indian tribe; or
18 ‘‘(3) a Federal land management agency.
19 ‘‘(c) APPLICATION.—To be eligible to receive a grant
20 under this section, an eligible entity shall submit to the Sec-
21 retary an application at such time, in such manner, and
22 containing such information as the Secretary may require,
23 including a pollinator-friendly practices plan described in
24 subsection (d).
25 ‘‘(d) POLLINATOR-FRIENDLY PRACTICES PLAN.—
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1 ‘‘(1) IN GENERAL.—An eligible entity shall in-
2 clude in the application under subsection (c) a plan
3 that describes the pollinator-friendly practices that
4 the eligible entity has implemented or plans to imple-
5 ment, including—
6 ‘‘(A) practices relating to mowing strategies
7 that promote early successional vegetation and
8 limit disturbance during periods of highest use
9 by target pollinator species on roadsides and
10 highway rights-of-way, such as—
11 ‘‘(i) reducing the mowing swath out-
12 side of the State-designated safety zone;
13 ‘‘(ii) increasing the mowing height;
14 ‘‘(iii) reducing the mowing frequency;
15 ‘‘(iv) refraining from mowing monarch
16 and other pollinator habitat during periods
17 in which monarchs or other pollinators are
18 present;
19 ‘‘(v) use of a flushing bar and cutting
20 at reduced speeds to reduce pollinator
21 deaths due to mowing; or
22 ‘‘(vi) reducing raking along roadsides
23 and highway rights-of-way;
24 ‘‘(B) implementation of an integrated vege-
25 tation management plan that includes ap-
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1 proaches such as mechanical tree and brush re-
2 moval, targeted and judicious use of herbicides,
3 and mowing, to address weed issues on roadsides
4 and highway rights-of-way;
5 ‘‘(C) planting or seeding of native, locally-
6 appropriate grasses and wildflowers, including
7 milkweed, on roadsides and highway rights-of-
8 way to enhance pollinator habitat, including lar-
9 val host plants;
10 ‘‘(D) removing nonnative grasses from
11 planting and seeding mixes, except for use as
12 nurse or cover crops;
13 ‘‘(E) obtaining expert training or assistance
14 on pollinator-friendly practices, including—
15 ‘‘(i) native plant identification;
16 ‘‘(ii) establishment and management of
17 locally-appropriate native plants that ben-
18 efit pollinators;
19 ‘‘(iii) land management practices that
20 benefit pollinators; and
21 ‘‘(iv) pollinator-focused integrated
22 vegetation management; or
23 ‘‘(F) any other pollinator-friendly practices
24 the Secretary determines to be appropriate.
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1 ‘‘(2) COORDINATION.—In developing a plan
2 under paragraph (1), an eligible entity that is a
3 State department of transportation or a Federal land
4 management agency shall coordinate with applicable
5 State agencies, including State agencies with jurisdic-
6 tion over agriculture and fish and wildlife.
7 ‘‘(3) CONSULTATION.—In developing a plan
8 under paragraph (1)—
9 ‘‘(A) an eligible entity that is a State de-
10 partment of transportation or a Federal land
11 management agency shall consult with affected
12 or interested Indian tribes; and
13 ‘‘(B) any eligible entity may consult with
14 nonprofit organizations, institutions of higher
15 education, metropolitan planning organizations,
16 and any other relevant entities.
17 ‘‘(e) AWARD OF GRANTS.—
18 ‘‘(1) IN GENERAL.—The Secretary shall provide
19 a grant to each eligible entity that submits an appli-
20 cation under subsection (c), including a plan under
21 subsection (d), that the Secretary determines to be sat-
22 isfactory.
23 ‘‘(2) AMOUNT OF GRANTS.—The amount of a
24 grant under this section—
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1 ‘‘(A) shall be based on the number of polli-
2 nator-friendly practices the eligible entity has
3 implemented or plans to implement; and
4 ‘‘(B) shall not exceed $150,000.
5 ‘‘(f) USE OF FUNDS.—An eligible entity that receives
6 a grant under this section shall use the funds for the imple-
7 mentation, improvement, or further development of the plan
8 under subsection (d).
9 ‘‘(g) FEDERAL SHARE.—The Federal share of the cost
10 of an activity carried out with a grant under this section
11 shall be 100 percent.
12 ‘‘(h) BEST PRACTICES.—The Secretary shall develop
13 and make available to eligible entities best practices for,
14 and a priority ranking of, pollinator-friendly practices on
15 roadsides and highway rights-of-way.
16 ‘‘(i) TECHNICAL ASSISTANCE.—On request of an eligi-
17 ble entity that receives a grant under this section, the Sec-
18 retary shall provide technical assistance with the implemen-
19 tation, improvement, or further development of a plan
20 under subsection (d).
21 ‘‘(j) ADMINISTRATIVE COSTS.—For each fiscal year,
22 the Secretary may use not more than 2 percent of the
23 amounts made available to carry out this section for the
24 administrative costs of carrying out this section.
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1 ‘‘(k) REPORT.—Not later than 1 year after the date
2 on which the first grant is provided under this section, the
3 Secretary shall submit to the Committee on Environment
4 and Public Works of the Senate and the Committee on
5 Transportation and Infrastructure of the House of Rep-
6 resentatives a report on the implementation of the program
7 under this section.
8 ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—
9 ‘‘(1) IN GENERAL.—There is authorized to be ap-
10 propriated to carry out this section $2,000,000 for
11 each of fiscal years 2022 through 2026.
12 ‘‘(2) AVAILABILITY.—Amounts made available
13 under this section shall remain available for a period
14 of 3 years after the last day of the fiscal year for
15 which the funds are authorized.’’.
16 (b) CLERICAL AMENDMENT.—The analysis for chapter
17 3 of title 23, United States Code (as amended by section
18 11309(b)), is amended by adding at the end the following:
‘‘332. Pollinator-friendly practices on roadsides and highway rights-of-way.’’.
19 SEC. 11529. ACTIVE TRANSPORTATION INFRASTRUCTURE
20 INVESTMENT PROGRAM.
21 (a) IN GENERAL.—Subject to the availability of appro-
22 priations, the Secretary shall carry out an active transpor-
23 tation infrastructure investment program to make grants,
24 on a competitive basis, to eligible organizations to construct
25 eligible projects to provide safe and connected active trans-
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1 portation facilities in an active transportation network or
2 active transportation spine.
3 (b) APPLICATION.—
4 (1) IN GENERAL.—To be eligible to receive a
5 grant under this section, an eligible organization
6 shall submit to the Secretary an application in such
7 manner and containing such information as the Sec-
8 retary may require.
9 (2) ELIGIBLE PROJECTS PARTIALLY ON FEDERAL
10 LAND.—With respect to an application for an eligible
11 project that is located in part on Federal land, an eli-
12 gible organization shall enter into a cooperative
13 agreement with the appropriate Federal agency with
14 jurisdiction over such land to submit an application
15 described in paragraph (1).
16 (c) APPLICATION CONSIDERATIONS.—In making a
17 grant for construction of an active transportation network
18 or active transportation spine under this section, the Sec-
19 retary shall consider the following:
20 (1) Whether the eligible organization submitted a
21 plan for an eligible project for the development of
22 walking and bicycling infrastructure that is likely to
23 provide substantial additional opportunities for walk-
24 ing and bicycling, including effective plans—
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1 (A) to create an active transportation net-
2 work connecting destinations within or between
3 communities, including schools, workplaces, resi-
4 dences, businesses, recreation areas, and other
5 community areas, or create an active transpor-
6 tation spine connecting two or more commu-
7 nities, metropolitan regions, or States; and
8 (B) to integrate active transportation facili-
9 ties with transit services, where available, to im-
10 prove access to public transportation.
11 (2) Whether the eligible organization dem-
12 onstrates broad community support through—
13 (A) the use of public input in the develop-
14 ment of transportation plans; and
15 (B) the commitment of community leaders
16 to the success and timely implementation of an
17 eligible project.
18 (3) Whether the eligible organization provides
19 evidence of commitment to traffic safety, regulations,
20 financial incentives, or community design policies
21 that facilitate significant increases in walking and
22 bicycling.
23 (4) The extent to which the eligible organization
24 demonstrates commitment of State, local, or eligible
25 Federal matching funds, and land or in-kind con-
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1 tributions, in addition to the local match required
2 under subsection (f)(1), unless the applicant qualifies
3 for an exception under subsection (f)(2).
4 (5) The extent to which the eligible organization
5 demonstrates that the grant will address existing dis-
6 parities in bicyclist and pedestrian fatality rates
7 based on race or income level or provide access to jobs
8 and services for low-income communities and dis-
9 advantaged communities.
10 (6) Whether the eligible organization dem-
11 onstrates how investment in active transportation
12 will advance safety for pedestrians and cyclists, acces-
13 sibility to jobs and key destinations, economic com-
14 petitiveness, environmental protection, and quality of
15 life.
16 (d) USE OF FUNDS.—
17 (1) IN GENERAL.—Of the amounts made avail-
18 able to carry out this section and subject to para-
19 graphs (2) and (3), the Secretary shall obligate—
20 (A) not less than 30 percent to eligible
21 projects that construct active transportation net-
22 works that connect people with public transpor-
23 tation, businesses, workplaces, schools, residences,
24 recreation areas, and other community activity
25 centers; and
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1 (B) not less than 30 percent to eligible
2 projects that construct active transportation
3 spines.
4 (2) PLANNING AND DESIGN GRANTS.—Each fiscal
5 year, the Secretary shall set aside not less than
6 $3,000,000 of the funds made available to carry out
7 this section to provide planning grants for eligible or-
8 ganizations to develop plans for active transportation
9 networks and active transportation spines.
10 (3) ADMINISTRATIVE COSTS.—Each fiscal year,
11 the Secretary shall set aside not more than $2,000,000
12 of the funds made available to carry out this section
13 to cover the costs of administration, research, tech-
14 nical assistance, communications, and training ac-
15 tivities under the program.
16 (4) LIMITATION ON STATUTORY CONSTRUC-
17 TION.—Nothing in this subsection prohibits an eligi-
18 ble organization from receiving research or other
19 funds under title 23 or 49, United States Code.
20 (e) GRANT TIMING.—
21 (1) REQUEST FOR APPLICATION.—Not later than
22 30 days after funds are made available to carry out
23 this section for a fiscal year, the Secretary shall pub-
24 lish in the Federal Register a request for applications
25 for grants under this section for that fiscal year.
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1 (2) SELECTION OF GRANT RECIPIENTS.—Not
2 later than 150 days after funds are made available to
3 carry out this section for a fiscal year, the Secretary
4 shall select grant recipients of grants under this sec-
5 tion for that fiscal year.
6 (f) FEDERAL SHARE.—
7 (1) IN GENERAL.—Except as provided in para-
8 graph (2), the Federal share of the cost of an eligible
9 project carried out using a grant under this section
10 shall not exceed 80 percent of the total project cost.
11 (2) EXCEPTION FOR DISADVANTAGED COMMU-
12 NITIES.—For eligible projects serving communities
13 with a poverty rate of over 40 percent based on the
14 majority of census tracts served by the eligible project,
15 the Secretary may increase the Federal share of the
16 cost of the eligible project up to 100 percent of the
17 total project cost.
18 (g) ASSISTANCE TO INDIAN TRIBES.—In carrying out
19 this section, the Secretary may enter into grant agreements,
20 self-determination contracts, and self-governance compacts
21 under the Indian Self-Determination and Education Assist-
22 ance Act (25 U.S.C. 5301 et seq.) with Indian tribes that
23 are eligible organizations, and such agreements, contracts,
24 and compacts shall be administered in accordance with that
25 Act.
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1 (h) REPORTS.—
2 (1) INTERIM REPORT.—Not later than September
3 30, 2024, the Secretary shall submit to Congress a re-
4 port containing the information described in para-
5 graph (3).
6 (2) FINAL REPORT.—Not later than September
7 30, 2026, the Secretary shall submit to Congress a re-
8 port containing the information described in para-
9 graph (3).
10 (3) REPORT INFORMATION.—A report submitted
11 under this subsection shall contain the following, with
12 respect to the period covered by the applicable report:
13 (A) A list of grants made under this section.
14 (B) Best practices of eligible organizations
15 that receive grants under this section in imple-
16 menting eligible projects.
17 (C) Impediments experienced by eligible or-
18 ganizations that receive grants under this section
19 in developing and shifting to active transpor-
20 tation.
21 (i) RULE REQUIRED.—Not later than 1 year after the
22 date of enactment of this Act, the Secretary shall issue a
23 final rule that encourages the use of the programmatic cat-
24 egorical exclusion, expedited procurement techniques, and
25 other best practices to facilitate productive and timely ex-
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1 penditures for eligible projects that are small, low-impact,
2 and constructed within an existing built environment.
3 (j) AUTHORIZATION OF APPROPRIATIONS.—
4 (1) IN GENERAL.—There is authorized to be ap-
5 propriated to the Secretary to carry out this section
6 $200,000,000 for each of fiscal years 2022 through
7 2026.
8 (2) AVAILABILITY.—The amounts made available
9 to carry out this section shall remain available until
10 expended.
11 (k) TREATMENT OF PROJECTS.—Notwithstanding any
12 other provision of law, a project assisted under this section
13 shall be treated as a project on a Federal-aid highway under
14 chapter 1 of title 23, United States Code.
15 (l) DEFINITIONS.—In this section:
16 (1) ACTIVE TRANSPORTATION.—The term ‘‘active
17 transportation’’ means mobility options powered pri-
18 marily by human energy, including bicycling and
19 walking.
20 (2) ACTIVE TRANSPORTATION NETWORK.—The
21 term ‘‘active transportation network’’ means facilities
22 built for active transportation, including sidewalks,
23 bikeways, and pedestrian and bicycle trails, that con-
24 nect between destinations within a community or
25 metropolitan region.
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1 (3) ACTIVE TRANSPORTATION SPINE.—The term
2 ‘‘active transportation spine’’ means facilities built
3 for active transportation, including sidewalks, bike-
4 ways, and pedestrian and bicycle trails that connect
5 between communities, metropolitan regions, or States.
6 (4) COMMUNITY.—The term ‘‘community’’ means
7 a geographic area that is socioeconomically inter-
8 dependent and may include rural, suburban, and
9 urban jurisdictions.
10 (5) ELIGIBLE ORGANIZATION.—The term ‘‘eligi-
11 ble organization’’ means—
12 (A) a local or regional governmental orga-
13 nization, including a metropolitan planning or-
14 ganization or regional planning organization or
15 council;
16 (B) a multicounty special district;
17 (C) a State;
18 (D) a multistate group of governments; or
19 (E) an Indian tribe.
20 (6) ELIGIBLE PROJECT.—The term ‘‘eligible
21 project’’ means an active transportation project or
22 group of projects—
23 (A) within or between a community or
24 group of communities, at least one of which falls
25 within the jurisdiction of an eligible organiza-
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1 tion, which has submitted an application under
2 this section; and
3 (B) that has—
4 (i) a total cost of not less than
5 $15,000,000; or
6 (ii) with respect to planning and de-
7 sign grants, planning and design costs of
8 not less than $100,000.
9 (7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has
10 the meaning given the term in section 4 of the Indian
11 Self-Determination and Education Assistance Act (25
12 U.S.C. 5304).
13 (8) TOTAL PROJECT COST.—The term ‘‘total
14 project cost’’ means the sum total of all costs incurred
15 in the development of an eligible project that are ap-
16 proved by the Secretary as reasonable and necessary,
17 including—
18 (A) the cost of acquiring real property;
19 (B) the cost of site preparation, demolition,
20 and development;
21 (C) expenses related to the issuance of bonds
22 or notes;
23 (D) fees in connection with the planning,
24 execution, and financing of the eligible project;
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1 (E) the cost of studies, surveys, plans, per-
2 mits, insurance, interest, financing, tax, and as-
3 sessments;
4 (F) the cost of construction, rehabilitation,
5 reconstruction, and equipping the eligible
6 project;
7 (G) the cost of land improvements;
8 (H) contractor fees;
9 (I) the cost of training and education re-
10 lated to the safety of users of any bicycle or pe-
11 destrian network or spine constructed as part of
12 an eligible project; and
13 (J) any other cost that the Secretary deter-
14 mines is necessary and reasonable.
15 SEC. 11530. HIGHWAY COST ALLOCATION STUDY.
16 (a) IN GENERAL.—Not later than 4 years after the
17 date of enactment of this Act, the Secretary, in coordination
18 with State departments of transportation, shall carry out
19 a highway cost allocation study to determine the direct costs
20 of highway use by various types of users.
21 (b) INCLUSIONS.—The study under subsection (a) shall
22 include an examination of—
23 (1) the Federal costs occasioned in the design,
24 construction, rehabilitation, and maintenance of Fed-
25 eral-aid highways by—
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1 (A) the use of vehicles of different dimen-
2 sions, weights, number of axles, and other speci-
3 fications; and
4 (B) the frequency of those vehicles in the
5 traffic stream;
6 (2) the safety-, emissions-, congestion-, and
7 noise-related costs of highway use by various types of
8 users, and other costs as determined by the Secretary;
9 and
10 (3) the proportionate share of the costs described
11 in paragraph (1) that are attributable to each class
12 of highway users.
13 (c) REQUIREMENTS.—In carrying out the study under
14 subsection (a), the Secretary shall—
15 (1) ensure that the study examines only direct
16 costs of highway use;
17 (2) capture the various driving conditions in dif-
18 ferent geographic areas of the United States;
19 (3) to the maximum extent practicable, distin-
20 guish between costs directly occasioned by a highway
21 user class and costs occasioned by all highway user
22 classes; and
23 (4) compare the costs occasioned by various high-
24 way user classes with the user fee revenue contributed
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1 to the Highway Trust Fund by those highway user
2 classes.
3 (d) REPORTS.—
4 (1) INTERIM REPORTS.—Not less frequently than
5 annually during the period during which the Sec-
6 retary is carrying out the study under subsection (a),
7 the Secretary shall submit to Congress an interim re-
8 port on the progress of the study.
9 (2) FINAL REPORT.—On completion of the study
10 under subsection (a), the Secretary shall submit to
11 Congress a final report on the results of the study, in-
12 cluding the recommendations under subsection (e).
13 (e) RECOMMENDATIONS.—On completion of the study
14 under subsection (a), the Secretary, in coordination with
15 the Secretary of the Treasury, shall develop recommenda-
16 tions for a set of revenue options to fully cover the costs
17 occasioned by highway users, including recommendations
18 for—
19 (1) changes to existing revenue streams; and
20 (2) new revenue streams based on user fees.
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1 TITLE II—TRANSPORTATION IN-
2 FRASTRUCTURE FINANCE
3 AND INNOVATION
4 SEC. 12001. TRANSPORTATION INFRASTRUCTURE FINANCE
5 AND INNOVATION ACT OF 1998 AMENDMENTS.
6 (a) DEFINITIONS.—Section 601(a) of title 23, United
7 States Code, is amended—
8 (1) in subparagraph (E) of paragraph (10), by
9 striking ‘‘3 years’’ and inserting ‘‘5 years’’; and
10 (2) in paragraph (12)—
11 (A) by striking subparagraph (E) and in-
12 serting the following:
13 ‘‘(E) a project to improve or construct pub-
14 lic infrastructure—
15 ‘‘(i) that—
16 ‘‘(I) is located within walking dis-
17 tance of, and accessible to, a fixed
18 guideway transit facility, passenger
19 rail station, intercity bus station, or
20 intermodal facility, including a trans-
21 portation, public utility, or capital
22 project described in section
23 5302(3)(G)(v) of title 49, and related
24 infrastructure; or
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1 ‘‘(II) is a project for economic de-
2 velopment, including commercial and
3 residential development, and related
4 infrastructure and activities—
5 ‘‘(aa) that incorporates pri-
6 vate investment;
7 ‘‘(bb) that is physically or
8 functionally related to a passenger
9 rail station or multimodal station
10 that includes rail service;
11 ‘‘(cc) for which the project
12 sponsor has a high probability of
13 commencing the contracting proc-
14 ess for construction by not later
15 than 90 days after the date on
16 which credit assistance under the
17 TIFIA program is provided for
18 the project; and
19 ‘‘(dd) that has a high prob-
20 ability of reducing the need for fi-
21 nancial assistance under any
22 other Federal program for the rel-
23 evant passenger rail station or
24 service by increasing ridership,
25 tenant lease payments, or other
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1 activities that generate revenue
2 exceeding costs; and
3 ‘‘(ii) for which, by not later than Sep-
4 tember 30, 2026, the Secretary has—
5 ‘‘(I) received a letter of interest;
6 and
7 ‘‘(II) determined that the project
8 is eligible for assistance;’’;
9 (B) in subparagraph (F), by striking the
10 period at the end and inserting a semicolon; and
11 (C) by adding at the end the following:
12 ‘‘(G) an eligible airport-related project (as
13 defined in section 40117(a) of title 49) for which,
14 not later than September 30, 2025, the Secretary
15 has—
16 ‘‘(i) received a letter of interest; and
17 ‘‘(ii) determined that the project is eli-
18 gible for assistance; and
19 ‘‘(H) a project for the acquisition of plant
20 and wildlife habitat pursuant to a conservation
21 plan that—
22 ‘‘(i) has been approved by the Sec-
23 retary of the Interior pursuant to section 10
24 of the Endangered Species Act of 1973 (16
25 U.S.C. 1539); and
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1 ‘‘(ii) in the judgment of the Secretary,
2 would mitigate the environmental impacts
3 of transportation infrastructure projects
4 otherwise eligible for assistance under this
5 title.’’.
6 (b) ELIGIBILITY.—Section 602(a)(2) of title 23,
7 United States Code, is amended—
8 (1) in subparagraph (A)(iv)—
9 (A) by striking ‘‘a rating’’ and inserting
10 ‘‘an investment-grade rating’’; and
11 (B) by striking ‘‘$75,000,000’’ and inserting
12 ‘‘$150,000,000’’; and
13 (2) in subparagraph (B)—
14 (A) by striking ‘‘the senior debt’’ and insert-
15 ing ‘‘senior debt’’; and
16 (B) by striking ‘‘credit instrument is for an
17 amount less than $75,000,000’’ and inserting
18 ‘‘total amount of other senior debt and the Fed-
19 eral credit instrument is less than
20 $150,000,000’’.
21 (c) FEDERAL REQUIREMENTS.—Section 602(c)(1) of
22 title 23, United States Code, is amended in the matter pre-
23 ceding subparagraph (A) by striking ‘‘and the requirements
24 of section 5333(a) of title 49 for rail projects,’’ and inserting
25 ‘‘the requirements of section 5333(a) of title 49 for rail
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1 projects, and the requirements of sections 47112(b) and
2 50101 of title 49 for airport-related projects,’’.
3 (d) 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 (e) MATURITY DATE OF CERTAIN SECURED LOANS.—
23 Section 603(b)(5) of title 23, United States Code, is amend-
24 ed—
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1 (1) in subparagraph (A), in the matter preceding
2 clause (i), by striking ‘‘subparagraph (B)’’ and in-
3 serting ‘‘subparagraphs (B) and (C)’’; and
4 (2) by adding at the end the following:
5 ‘‘(C) LONG LIVED ASSETS.—In the case of a
6 capital asset with an estimated life of more than
7 50 years, the final maturity date of the secured
8 loan shall be the lesser of—
9 ‘‘(i) 75 years after the date of substan-
10 tial completion of the project; or
11 ‘‘(ii) 75 percent of the estimated useful
12 life of the capital asset.’’.
13 (f) SECURED LOANS.—Section 603(c)(4)(A) of title 23,
14 United States Code, is amended—
15 (1) by striking ‘‘Any excess’’ and inserting the
16 following:
17 ‘‘(i) IN GENERAL.—Except as provided
18 in clause (ii), any excess’’; and
19 (2) by adding at the end the following:
20 ‘‘(ii) CERTAIN APPLICANTS.—In the
21 case of a secured loan or other secured Fed-
22 eral credit instrument provided after the
23 date of enactment of the Surface Transpor-
24 tation Reauthorization Act of 2021, if the
25 obligor is a governmental entity, agency, or
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1 instrumentality, the obligor shall not be re-
2 quired to prepay the secured loan or other
3 secured Federal credit instrument with any
4 excess revenues described in clause (i) if the
5 obligor enters into an agreement to use those
6 excess revenues only for purposes authorized
7 under this title or title 49.’’.
8 (g) TECHNICAL AMENDMENT.—Section 602(e) of title
9 23, United States Code, is amended by striking ‘‘section
10 601(a)(1)(A)’’ and inserting ‘‘section 601(a)(2)(A)’’.
11 (h) STREAMLINED APPLICATION PROCESS.—Section
12 603(f) of title 23, United States Code, is amended by adding
13 at the end the following:
14 ‘‘(3) ADDITIONAL TERMS FOR EXPEDITED DECI-
15 SIONS.—
16 ‘‘(A) IN GENERAL.—Not later than 120
17 days after the date of enactment of this para-
18 graph, the Secretary shall implement an expe-
19 dited decision timeline for public agency bor-
20 rowers seeking secured loans that meet—
21 ‘‘(i) the terms under paragraph (2);
22 and
23 ‘‘(ii) the additional criteria described
24 in subparagraph (B).
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1 ‘‘(B) ADDITIONAL CRITERIA.—The addi-
2 tional criteria referred to in subparagraph
3 (A)(ii) are the following:
4 ‘‘(i) The secured loan is made on terms
5 and conditions that substantially conform
6 to the conventional terms and conditions es-
7 tablished by the National Surface Transpor-
8 tation Innovative Finance Bureau.
9 ‘‘(ii) The secured loan is rated in the
10 A category or higher.
11 ‘‘(iii) The TIFIA program share of eli-
12 gible project costs is 33 percent or less.
13 ‘‘(iv) The applicant demonstrates a
14 reasonable expectation that the contracting
15 process for the project can commence by not
16 later than 90 days after the date on which
17 a Federal credit instrument is obligated for
18 the project under the TIFIA program.
19 ‘‘(v) The project has received a categor-
20 ical exclusion, a finding of no significant
21 impact, or a record of decision under the
22 National Environmental Policy Act of 1969
23 (42 U.S.C. 4321 et seq.).
24 ‘‘(C) WRITTEN NOTICE.—The Secretary
25 shall provide to an applicant seeking a secured
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1 loan under the expedited decision process under
2 this paragraph a written notice informing the
3 applicant whether the Secretary has approved or
4 disapproved the application by not later than
5 180 days after the date on which the Secretary
6 submits to the applicant a letter indicating that
7 the National Surface Transportation Innovative
8 Finance Bureau has commenced the credit-
9 worthiness review of the project.’’.
10 (i) FUNDING.—
11 (1) IN GENERAL.—Section 608(a) of title 23,
12 United States Code, is amended—
13 (A) by redesignating paragraphs (4) and
14 (5) as paragraphs (5) and (6), respectively;
15 (B) by inserting after paragraph (3) the fol-
16 lowing:
17 ‘‘(4) LIMITATION FOR CERTAIN PROJECTS.—
18 ‘‘(A) TRANSIT-ORIENTED DEVELOPMENT
19 PROJECTS.—For each fiscal year, the Secretary
20 may use to carry out projects described in sec-
21 tion 601(a)(12)(E) not more than 15 percent of
22 the amounts made available to carry out the
23 TIFIA program for that fiscal year.
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1 ‘‘(B) AIRPORT-RELATED PROJECTS.—The
2 Secretary may use to carry out projects described
3 in section 601(a)(12)(G)—
4 ‘‘(i) for each fiscal year, not more than
5 15 percent of the amounts made available to
6 carry out the TIFIA program under the
7 Surface Transportation Reauthorization
8 Act of 2021 for that fiscal year; and
9 ‘‘(ii) for the period of fiscal years 2022
10 through 2026, not more than 15 percent of
11 the unobligated carryover balances (as of
12 October 1, 2021).’’; and
13 (C) by striking paragraph (6) (as so redes-
14 ignated) and inserting the following:
15 ‘‘(6) ADMINISTRATIVE COSTS.—Of the amounts
16 made available to carry out the TIFIA program, the
17 Secretary may use not more than $10,000,000 for
18 each of fiscal years 2022 through 2026 for the admin-
19 istration of the TIFIA program.’’.
20 (2) CONFORMING AMENDMENT.—Section
21 605(f)(1) of title 23, United States Code, is amended
22 by striking ‘‘section 608(a)(5)’’ and inserting ‘‘section
23 608(a)(6)’’.
24 (j) STATUS REPORTS.—Section 609 of title 23, United
25 States Code, is amended by adding at the end the following:
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1 ‘‘(c) STATUS REPORTS.—
2 ‘‘(1) IN GENERAL.—The Secretary shall publish
3 on the website for the TIFIA program—
4 ‘‘(A) on a monthly basis, a current status
5 report on all submitted letters of interest and ap-
6 plications received for assistance under the
7 TIFIA program; and
8 ‘‘(B) on a quarterly basis, a current status
9 report on all approved applications for assist-
10 ance under the TIFIA program.
11 ‘‘(2) INCLUSIONS.—Each monthly and quarterly
12 status report under paragraph (1) shall include, at a
13 minimum, with respect to each project included in the
14 status report—
15 ‘‘(A) the name of the party submitting the
16 letter of interest or application;
17 ‘‘(B) the name of the project;
18 ‘‘(C) the date on which the letter of interest
19 or application was received;
20 ‘‘(D) the estimated project eligible costs;
21 ‘‘(E) the type of credit assistance sought;
22 and
23 ‘‘(F) the anticipated fiscal year and quarter
24 for closing of the credit assistance.’’.
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1 (k) STATE INFRASTRUCTURE BANK PROGRAM.—Sec-
2 tion 610 of title 23, United States Code, is amended—
3 (1) in subsection (d)—
4 (A) in paragraph (1)(A), by striking ‘‘fiscal
5 years 2016 through 2020’’ and inserting ‘‘fiscal
6 years 2022 through 2026’’;
7 (B) in paragraph (2), by striking ‘‘fiscal
8 years 2016 through 2020’’ and inserting ‘‘fiscal
9 years 2022 through 2026’’; and
10 (C) in paragraph (3), by striking ‘‘fiscal
11 years 2016 through 2020’’ and inserting ‘‘fiscal
12 years 2022 through 2026’’; and
13 (2) in subsection (k), by striking ‘‘fiscal years
14 2016 through 2020’’ and inserting ‘‘fiscal years 2022
15 through 2026’’.
16 (l) REPORT.—Not later than September 30, 2025, the
17 Secretary shall submit to the Committee on Environment
18 and Public Works of the Senate and the Committee on
19 Transportation and Infrastructure of the House of Rep-
20 resentatives a report on the impact of the amendment relat-
21 ing to airport-related projects under subsection (a)(2)(C)
22 and subsection (i)(1)(B), including—
23 (1) information on the use of TIFIA program (as
24 defined in section 601(a) of title 23, United States
25 Code) funds for eligible airport-related projects (as de-
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1 fined in section 40117(a) of title 49, United States
2 Code); and
3 (2) recommendations for modifications to the
4 TIFIA program.
5 SEC. 12002. FEDERAL REQUIREMENTS FOR TIFIA ELIGI-
6 BILITY AND PROJECT SELECTION.
7 (a) IN GENERAL.—Section 602(c) of title 23, United
8 States Code, is amended by adding at the end the following:
9 ‘‘(3) PAYMENT AND PERFORMANCE SECURITY.—
10 ‘‘(A) IN GENERAL.—The Secretary shall en-
11 sure that the design and construction of a project
12 carried out with assistance under the TIFIA pro-
13 gram shall have appropriate payment and per-
14 formance security, regardless of whether the obli-
15 gor is a State, local government, agency or in-
16 strumentality of a State or local government,
17 public authority, or private party.
18 ‘‘(B) WRITTEN DETERMINATION.—If pay-
19 ment and performance security is required to be
20 furnished by applicable State or local statute or
21 regulation, the Secretary may accept such pay-
22 ment and performance security requirements ap-
23 plicable to the obligor if the Federal interest with
24 respect to Federal funds and other project risk
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1 related to design and construction is adequately
2 protected.
3 ‘‘(C) NO DETERMINATION OR APPLICABLE
4 REQUIREMENTS.—If there are no payment and
5 performance security requirements applicable to
6 the obligor, the security under section 3131(b) of
7 title 40 or an equivalent State or local require-
8 ment, as determined by the Secretary, shall be
9 required.’’.
10 (b) APPLICABILITY.—The amendments made by this
11 section shall apply with respect to any agreement for credit
12 assistance entered into on or after the date of enactment
13 of this Act.
14 TITLE III—RESEARCH,
15 TECHNOLOGY, AND EDUCATION
16 SEC. 13001. STRATEGIC INNOVATION FOR REVENUE COL-
17 LECTION.
18 (a) IN GENERAL.—The Secretary shall establish a pro-
19 gram to test the feasibility of a road usage fee and other
20 user-based alternative revenue mechanisms (referred to in
21 this section as ‘‘user-based alternative revenue mecha-
22 nisms’’) to help maintain the long-term solvency of the
23 Highway Trust Fund, through pilot projects at the State,
24 local, and regional level.
25 (b) GRANTS.—
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1 (1) IN GENERAL.—The Secretary shall provide
2 grants to eligible entities to carry out pilot projects
3 under this section.
4 (2) APPLICATIONS.—To be eligible for a grant
5 under this section, an eligible entity shall submit to
6 the Secretary an application at such time, in such
7 manner, and containing such information as the Sec-
8 retary may require.
9 (3) OBJECTIVES.—The Secretary shall ensure
10 that, in the aggregate, the pilot projects carried out
11 using funds provided under this section meet the fol-
12 lowing objectives:
13 (A) To test the design, acceptance, equity,
14 and implementation of user-based alternative
15 revenue mechanisms, including among—
16 (i) differing income groups; and
17 (ii) rural and urban drivers, as appli-
18 cable.
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.
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1 (D) To test a variety of solutions, including
2 the use of independent and private third-party
3 vendors, for the collection of data and fees from
4 user-based alternative revenue mechanisms, in-
5 cluding the reliability and security of those solu-
6 tions and vendors.
7 (E) To test solutions to ensure the privacy
8 and security of data collected for the purpose of
9 implementing a user-based alternative revenue
10 mechanism.
11 (F) To conduct public education and out-
12 reach to increase public awareness regarding the
13 need for user-based alternative revenue mecha-
14 nisms for surface transportation programs.
15 (G) To evaluate the ease of compliance and
16 enforcement of a variety of implementation ap-
17 proaches for different users of the surface trans-
18 portation system.
19 (H) To ensure, to the greatest extent prac-
20 ticable, the use of innovation.
21 (I) To consider, to the greatest extent prac-
22 ticable, the potential for revenue collection along
23 a network of alternative fueling stations.
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1 (J) To evaluate the impacts of the imposi-
2 tion of a user-based alternative revenue mecha-
3 nism on—
4 (i) transportation revenues;
5 (ii) personal mobility, driving pat-
6 terns, congestion, and transportation costs;
7 and
8 (iii) freight movement and costs.
9 (K) To evaluate options for the integration
10 of a user-based alternative revenue mechanism
11 with—
12 (i) nationwide transportation revenue
13 collections and regulations;
14 (ii) toll revenue collection platforms;
15 (iii) transportation network company
16 fees; and
17 (iv) any other relevant transportation
18 revenue mechanisms.
19 (4) ELIGIBLE ENTITY.—An entity eligible to
20 apply for a grant under this section is—
21 (A) a State or a group of States;
22 (B) a local government or a group of local
23 governments; or
24 (C) a metropolitan planning organization
25 (as defined in section 134(b) of title 23, United
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1 States Code) or a group of metropolitan plan-
2 ning organizations.
3 (5) USE OF FUNDS.—An eligible entity that re-
4 ceives a grant under this section shall use the grant
5 to carry out a pilot project to address 1 or more of
6 the objectives described in paragraph (3).
7 (6) CONSIDERATION.—The Secretary shall con-
8 sider geographic diversity in awarding grants under
9 this subsection.
10 (7) FEDERAL SHARE.—The Federal share of the
11 cost of a pilot project carried out under this section
12 may not exceed—
13 (A) 80 percent of the total cost of a project
14 carried out by an eligible entity that has not oth-
15 erwise received a grant under this section; and
16 (B) 70 percent of the total cost of a project
17 carried out by an eligible entity that has received
18 at least 1 grant under this section.
19 (c) LIMITATION ON REVENUE COLLECTED.—Any rev-
20 enue collected through a user-based alternative revenue
21 mechanism established using funds provided under this sec-
22 tion shall not be considered a toll under section 301 of title
23 23, United States Code.
24 (d) RECOMMENDATIONS AND REPORT.—Not later than
25 3 years after the date of enactment of this Act, the Sec-
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1 retary, in coordination with the Secretary of the Treasury
2 and the Federal System Funding Alternative Advisory
3 Board established under section 13002(g)(1), shall submit
4 to the Committee on Environment and Public Works of the
5 Senate and the Committee on Transportation and Infra-
6 structure of the House of Representatives a report that—
7 (1) summarizes the results of the pilot projects
8 under this section and the national pilot program
9 under section 13002; and
10 (2) provides recommendations, if applicable, to
11 enable potential implementation of a nationwide
12 user-based alternative revenue mechanism.
13 (e) FUNDING.—
14 (1) IN GENERAL.—Of the funds made available
15 to carry out section 503(b) of title 23, United States
16 Code, for each of fiscal years 2022 through 2026
17 $15,000,000 shall be used for pilot projects under this
18 section.
19 (2) FLEXIBILITY.—If, by August 1 of each fiscal
20 year, the Secretary determines that there are not
21 enough grant applications to meet the requirements of
22 this section for that fiscal year, the Secretary shall
23 transfer to the national pilot program under section
24 13002 or to the highway research and development
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1 program under section 503(b) of title 23, United
2 States Code—
3 (A) any funds reserved for a fiscal year
4 under paragraph (1) that the Secretary has not
5 yet awarded under this section; and
6 (B) an amount of obligation limitation
7 equal to the amount of funds that the Secretary
8 transfers under subparagraph (A).
9 (f) REPEAL.—
10 (1) IN GENERAL.—Section 6020 of the FAST Act
11 (23 U.S.C. 503 note; Public Law 114–94) is repealed.
12 (2) CLERICAL AMENDMENT.—The table of con-
13 tents in section 1(b) of the FAST Act (Public Law
14 114–94; 129 Stat. 1312) is amended by striking the
15 item relating to section 6020.
16 SEC. 13002. NATIONAL MOTOR VEHICLE PER-MILE USER
17 FEE PILOT.
18 (a) DEFINITIONS.—In this section:
19 (1) ADVISORY BOARD.—The term ‘‘advisory
20 board’’ means the Federal System Funding Alter-
21 native Advisory Board established under subsection
22 (g)(1).
23 (2) COMMERCIAL VEHICLE.—The term ‘‘commer-
24 cial vehicle’’ has the meaning given the term commer-
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1 cial motor vehicle in section 31101 of title 49, United
2 States Code.
3 (3) HIGHWAY TRUST FUND.—The term ‘‘High-
4 way Trust Fund’’ means the Highway Trust Fund es-
5 tablished under section 9503 of the Internal Revenue
6 Code of 1986.
7 (4) LIGHT TRUCK.—The term ‘‘light truck’’ has
8 the meaning given the term in section 523.2 of title
9 49, Code of Federal Regulations (or successor regula-
10 tions).
11 (5) MEDIUM- AND HEAVY-DUTY TRUCK.—The
12 term ‘‘medium- and heavy-duty truck’’ has the mean-
13 ing given the term ‘‘commercial medium- and heavy-
14 duty on-highway vehicle’’ in section 32901(a) of title
15 49, United States Code.
16 (6) PASSENGER MOTOR VEHICLE.—The term
17 ‘‘passenger motor vehicle’’ has the meaning given the
18 term in section 32101 of title 49, United States Code.
19 (7) PER-MILE USER FEE.—The term ‘‘per-mile
20 user fee’’ means a revenue mechanism that—
21 (A) is applied to road users operating
22 motor vehicles on the surface transportation sys-
23 tem; and
24 (B) is based on the number of vehicle miles
25 traveled by an individual road user.
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1 (8) PILOT PROGRAM.—The term ‘‘pilot program’’
2 means the pilot program established under subsection
3 (b)(1).
4 (9) VOLUNTEER PARTICIPANT.—The term ‘‘vol-
5 unteer participant’’ means—
6 (A) an owner or lessee of a private, personal
7 motor vehicle who volunteers to participate in
8 the pilot program;
9 (B) a commercial vehicle operator who vol-
10 unteers to participate in the pilot program; or
11 (C) an owner of a motor vehicle fleet who
12 volunteers to participate in the pilot program.
13 (b) ESTABLISHMENT.—
14 (1) IN GENERAL.—The Secretary, in coordina-
15 tion with the Secretary of the Treasury, and con-
16 sistent with the recommendations of the advisory
17 board, shall establish a pilot program to demonstrate
18 a national motor vehicle per-mile user fee—
19 (A) to restore and maintain the long-term
20 solvency of the Highway Trust Fund; and
21 (B) to improve and maintain the surface
22 transportation system.
23 (2) OBJECTIVES.—The objectives of the pilot pro-
24 gram are—
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1 (A) to test the design, acceptance, imple-
2 mentation, and financial sustainability of a na-
3 tional motor vehicle per-mile user fee;
4 (B) to address the need for additional rev-
5 enue for surface transportation infrastructure
6 and a national motor vehicle per-mile user fee;
7 and
8 (C) to provide recommendations relating to
9 the adoption and implementation of a national
10 motor vehicle per-mile user fee.
11 (c) PARAMETERS.—In carrying out the pilot program,
12 the Secretary, in coordination with the Secretary of the
13 Treasury, shall—
14 (1) provide different methods that volunteer par-
15 ticipants can choose from to track motor vehicle miles
16 traveled;
17 (2) solicit volunteer participants from all 50
18 States, the District of Columbia, and the Common-
19 wealth of Puerto Rico;
20 (3) ensure an equitable geographic distribution
21 by population among volunteer participants;
22 (4) include commercial vehicles and passenger
23 motor vehicles; and
24 (5) use components of and, where appropriate,
25 coordinate with—
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1 (A) the States that received a grant under
2 section 6020 of the FAST Act (23 U.S.C. 503
3 note; Public Law 114–94) (as in effect on the
4 day before the date of enactment of this Act); and
5 (B) eligible entities that received a grant
6 under section 13001.
7 (d) METHODS.—
8 (1) TOOLS.—In selecting the methods described
9 in subsection (c)(1), the Secretary shall coordinate
10 with entities that voluntarily provide to the Secretary
11 for use under the pilot program any of the following
12 vehicle-miles-traveled collection tools:
13 (A) Third-party on-board diagnostic (OBD-
14 II) devices.
15 (B) Smart phone applications.
16 (C) Telemetric data collected by automakers.
17 (D) Motor vehicle data obtained by car in-
18 surance companies.
19 (E) Data from the States that received a
20 grant under section 6020 of the FAST Act (23
21 U.S.C. 503 note; Public Law 114–94) (as in ef-
22 fect on the day before the date of enactment of
23 this Act).
24 (F) Motor vehicle data obtained from fuel-
25 ing stations.
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1 (G) Any other method that the Secretary
2 considers appropriate.
3 (2) COORDINATION.—
4 (A) SELECTION.—The Secretary shall deter-
5 mine which collection tools under paragraph (1)
6 are selected for the pilot program.
7 (B) VOLUNTEER PARTICIPANTS.—In a man-
8 ner that the Secretary considers appropriate, the
9 Secretary shall enable each volunteer participant
10 to choose 1 of the selected collection tools under
11 paragraph (1).
12 (e) MOTOR VEHICLE PER-MILE USER FEES.—For the
13 purposes of the pilot program, the Secretary of the Treasury
14 shall establish, on an annual basis, per-mile user fees for
15 passenger motor vehicles, light trucks, and medium- and
16 heavy-duty trucks, which amount may vary between vehicle
17 types and weight classes to reflect estimated impacts on in-
18 frastructure, safety, congestion, the environment, or other
19 related social impacts.
20 (f) VOLUNTEER PARTICIPANTS.—The Secretary, in co-
21 ordination with the Secretary of the Treasury, shall—
22 (1)(A) ensure, to the extent practicable, that the
23 greatest number of volunteer participants participate
24 in the pilot program; and
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1 (B) ensure that such volunteer participants rep-
2 resent geographically diverse regions of the United
3 States, including from urban and rural areas; and
4 (2) issue policies relating to the protection of vol-
5 unteer participants, including policies that—
6 (A) protect the privacy of volunteer partici-
7 pants; and
8 (B) secure the data provided by volunteer
9 participants.
10 (g) FEDERAL SYSTEM FUNDING ALTERNATIVE ADVI-
11 SORY BOARD.—
12 (1) IN GENERAL.—Not later than 90 days after
13 the date of enactment of this Act, the Secretary shall
14 establish an advisory board, to be known as the ‘‘Fed-
15 eral System Funding Alternative Advisory Board’’, to
16 assist with—
17 (A) providing the Secretary with rec-
18 ommendations related to the structure, scope,
19 and methodology for developing and imple-
20 menting the pilot program;
21 (B) carrying out the public awareness cam-
22 paign under subsection (h); and
23 (C) developing the report under subsection
24 (n).
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1 (2) MEMBERSHIP.—The advisory board shall in-
2 clude, at a minimum, the following representatives
3 and entities, to be appointed by the Secretary:
4 (A) State departments of transportation.
5 (B) Any public or nonprofit entity that led
6 a surface transportation system funding alter-
7 natives pilot project under section 6020 of the
8 FAST Act (23 U.S.C. 503 note; Public Law 114–
9 94) (as in effect on the day before the date of en-
10 actment of this Act).
11 (C) Representatives of the trucking indus-
12 try, including owner-operator independent driv-
13 ers.
14 (D) Data security experts with expertise in
15 personal privacy.
16 (E) Academic experts on surface transpor-
17 tation systems.
18 (F) Consumer advocates, including privacy
19 experts.
20 (G) Advocacy groups focused on equity.
21 (H) Owners of motor vehicle fleets.
22 (I) Owners and operators of toll facilities.
23 (J) Tribal groups or representatives.
24 (K) Any other representatives or entities, as
25 determined appropriate by the Secretary.
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1 (3) RECOMMENDATIONS.—Not later than 1 year
2 after the date on which the advisory board is estab-
3 lished under paragraph (1), the advisory board shall
4 provide the Secretary with the recommendations de-
5 scribed in subparagraph (A) of that paragraph, which
6 the Secretary shall use in implementing the pilot pro-
7 gram.
8 (h) PUBLIC AWARENESS CAMPAIGN.—
9 (1) IN GENERAL.—The Secretary, with guidance
10 from the advisory board, may carry out a public
11 awareness campaign to increase public awareness re-
12 garding a national motor vehicle per-mile user fee,
13 including distributing information—
14 (A) related to the pilot program;
15 (B) from the State surface transportation
16 system funding alternatives pilot program under
17 section 6020 of the FAST Act (23 U.S.C. 503
18 note; Public Law 114–94) (as in effect on the
19 day before the date of enactment of this Act); and
20 (C) related to consumer privacy.
21 (2) CONSIDERATIONS.—In carrying out the pub-
22 lic awareness campaign under this subsection, the
23 Secretary shall consider issues unique to each State.
24 (i) REVENUE COLLECTION.—The Secretary of the
25 Treasury, in coordination with the Secretary, shall estab-
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1 lish a mechanism to collect motor vehicle per-mile user fees
2 established under subsection (e) from volunteer partici-
3 pants, which—
4 (1) may be adjusted as needed to address tech-
5 nical challenges; and
6 (2) may allow independent and private third-
7 party vendors to collect the motor vehicle per-mile
8 user fees and forward such fees to the Treasury.
9 (j) AGREEMENT.—The Secretary may enter into an
10 agreement with a volunteer participant containing such
11 terms and conditions as the Secretary considers necessary
12 for participation in the pilot program.
13 (k) LIMITATION.—Any revenue collected through the
14 mechanism established under subsection (i) shall not be con-
15 sidered a toll under section 301 of title 23, United States
16 Code.
17 (l) HIGHWAY TRUST FUND.—The Secretary of the
18 Treasury shall ensure that any revenue collected under sub-
19 section (i) is deposited into the Highway Trust Fund.
20 (m) PAYMENT.—Not more than 60 days after the end
21 of each calendar quarter in which a volunteer participant
22 has participated in the pilot program, the Secretary of the
23 Treasury, in consultation with the Secretary of Transpor-
24 tation, shall estimate an amount of payment for each volun-
25 teer based on the vehicle miles submitted by the volunteer
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1 for the calendar quarter and issue such payment to such
2 volunteer participant.
3 (n) REPORT TO CONGRESS.—Not later than 1 year
4 after the date on which volunteer participants begin par-
5 ticipating in the pilot program, and each year thereafter
6 for the duration of the pilot program, the Secretary and
7 the Secretary of the Treasury shall submit to the Committee
8 on Environment and Public Works of the Senate and the
9 Committee on Transportation and Infrastructure of the
10 House of Representatives a report that includes an analysis
11 of—
12 (1) whether the objectives described in subsection
13 (b)(2) were achieved;
14 (2) how volunteer participant protections in sub-
15 section (f)(2) were complied with;
16 (3) whether motor vehicle per-mile user fees can
17 maintain the long-term solvency of the Highway
18 Trust Fund and improve and maintain the surface
19 transportation system, which shall include estimates
20 of administrative costs related to collecting such
21 motor vehicle per mile user fees;
22 (4) how the privacy of volunteers was main-
23 tained; and
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1 (5) equity impacts of the pilot program, includ-
2 ing the impacts of the pilot program on low-income
3 commuters.
4 (o) FUNDING.—
5 (1) IN GENERAL.—Of the funds made available
6 to carry out section 503(b) of title 23, United States
7 Code, for each of fiscal years 2022 through 2026
8 $10,000,000 shall be used to carry out the pilot pro-
9 gram under this section.
10 (2) EXCESS FUNDS.—Any excess funds remain-
11 ing after carrying out the pilot program under this
12 section shall be available to make grants for pilot
13 projects under section 13001.
14 SEC. 13003. PERFORMANCE MANAGEMENT DATA SUPPORT
15 PROGRAM.
16 Section 6028(c) of the FAST Act (23 U.S.C. 150 note;
17 Public Law 114–94) is amended by striking ‘‘fiscal years
18 2016 through 2020’’ and inserting ‘‘fiscal years 2022
19 through 2026’’.
20 SEC. 13004. DATA INTEGRATION PILOT PROGRAM.
21 (a) ESTABLISHMENT.—The Secretary shall establish a
22 pilot program—
23 (1) to provide research and develop models that
24 integrate, in near-real-time, data from multiple
25 sources, including geolocated—
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1 (A) weather conditions;
2 (B) roadway conditions;
3 (C) incidents, work zones, and other non-
4 recurring events related to emergency planning;
5 and
6 (D) information from emergency responders;
7 and
8 (2) to facilitate data integration between the De-
9 partment, the National Weather Service, and other
10 sources of data that provide real-time data with re-
11 spect to roadway conditions during or as a result of
12 severe weather events, including, at a minimum—
13 (A) winter weather;
14 (B) heavy rainfall; and
15 (C) tropical weather events.
16 (b) REQUIREMENTS.—In carrying out subsection
17 (a)(1), the Secretary shall—
18 (1) address the safety, resiliency, and vulner-
19 ability of the transportation system to disasters; and
20 (2) develop tools for decisionmakers and other
21 end-users who could use or benefit from the integrated
22 data described in that subsection to improve public
23 safety and mobility.
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1 (c) TREATMENT.—Except as otherwise provided in this
2 section, the Secretary shall carry out activities under the
3 pilot program under this section as if—
4 (1) those activities were authorized under chap-
5 ter 5 of title 23, United States Code; and
6 (2) the funds made available to carry out the
7 pilot program were made available under that chap-
8 ter.
9 (d) AUTHORIZATION OF APPROPRIATIONS.—There is
10 authorized to be appropriated to carry out this section
11 $2,500,000 for each of fiscal years 2022 through 2026, to
12 remain available until expended.
13 SEC. 13005. EMERGING TECHNOLOGY RESEARCH PILOT
14 PROGRAM.
15 (a) ESTABLISHMENT.—The Secretary shall establish a
16 pilot program to conduct emerging technology research in
17 accordance with this section.
18 (b) ACTIVITIES.—The pilot program under this section
19 shall include—
20 (1) research and development activities relating
21 to leveraging advanced and additive manufacturing
22 technologies to increase the structural integrity and
23 cost-effectiveness of surface transportation infrastruc-
24 ture; and
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1 (2) research and development activities (includ-
2 ing laboratory and test track supported accelerated
3 pavement testing research regarding the impacts of
4 connected, autonomous, and platooned vehicles on
5 pavement and infrastructure performance)—
6 (A) to reduce the impact of automated and
7 connected driving systems and advanced driver-
8 assistance systems on pavement and infrastruc-
9 ture performance; and
10 (B) to improve transportation infrastruc-
11 ture design in anticipation of increased usage of
12 automated driving systems and advanced driver-
13 assistance systems.
14 (c) TREATMENT.—Except as otherwise provided in this
15 section, the Secretary shall carry out activities under the
16 pilot program under this section as if—
17 (1) those activities were authorized under chap-
18 ter 5 of title 23, United States Code; and
19 (2) the funds made available to carry out the
20 pilot program were made available under that chap-
21 ter.
22 (d) AUTHORIZATION OF APPROPRIATIONS.—There is
23 authorized to be appropriated to carry out this section
24 $5,000,000 for each of fiscal years 2022 through 2026, to
25 remain available until expended.
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1 SEC. 13006. RESEARCH AND TECHNOLOGY DEVELOPMENT
2 AND DEPLOYMENT.
3 (a) IN GENERAL.—Section 503 of title 23, United
4 States Code, is amended—
5 (1) in subsection (a)(2), by striking ‘‘section
6 508’’ and inserting ‘‘section 6503 of title 49’’;
7 (2) in subsection (b)—
8 (A) in paragraph (1)—
9 (i) in subparagraph (C), by striking
10 ‘‘and’’ at the end;
11 (ii) in subparagraph (D), by striking
12 the period at the end and inserting a semi-
13 colon; and
14 (iii) by adding at the end the fol-
15 lowing:
16 ‘‘(E) engage with public and private enti-
17 ties to spur advancement of emerging trans-
18 formative innovations through accelerated mar-
19 ket readiness; and
20 ‘‘(F) consult frequently with public and pri-
21 vate entities on new transportation tech-
22 nologies.’’;
23 (B) in paragraph (2)(C)—
24 (i) by redesignating clauses (x) through
25 (xv) as clauses (xi) through (xvi), respec-
26 tively; and
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1 (ii) by inserting after clause (ix) the
2 following:
3 ‘‘(x) safety measures to reduce the
4 number of wildlife-vehicle collisions;’’;
5 (C) in paragraph (3)—
6 (i) in subparagraph (B)(viii), by in-
7 serting ‘‘, including weather,’’ after
8 ‘‘events’’; and
9 (ii) in subparagraph (C)—
10 (I) in clause (xv), by inserting
11 ‘‘extreme weather events and’’ after
12 ‘‘withstand’’;
13 (II) in clause (xviii), by striking
14 ‘‘and’’ at the end;
15 (III) in clause (xix), 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 ‘‘(xx) studies on the deployment and
21 revenue potential of the deployment of en-
22 ergy and broadband infrastructure in high-
23 way rights-of-way, including potential ad-
24 verse impacts of the use or nonuse of those
25 rights-of-way.’’;
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1 (D) in paragraph (6)—
2 (i) in subparagraph (A), by striking
3 ‘‘and’’ at the end;
4 (ii) in subparagraph (B), by striking
5 the period at the end and inserting ‘‘; and’’;
6 and
7 (iii) by adding at the end the fol-
8 lowing:
9 ‘‘(C) to support research on non-market-
10 ready technologies in consultation with public
11 and private entities.’’;
12 (E) in paragraph (7)(B)—
13 (i) in the matter preceding clause (i),
14 by inserting ‘‘innovations by leading’’ after
15 ‘‘support’’;
16 (ii) in clause (iii), by striking ‘‘and’’
17 at the end;
18 (iii) in clause (iv), by striking the pe-
19 riod at the end and inserting ‘‘; and’’; and
20 (iv) by adding at the end the following:
21 ‘‘(v) the evaluation of information
22 from accelerated market readiness efforts,
23 including non-market-ready technologies, in
24 consultation with other offices of the Federal
25 Highway Administration, the National
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1 Highway Traffic Safety Administration,
2 and other key partners.’’;
3 (F) in paragraph (8)(A), by striking ‘‘fu-
4 ture highway’’ and all that follows through
5 ‘‘needs.’’ and inserting the following: ‘‘current
6 conditions and future needs of highways, bridges,
7 and tunnels of the United States, including—
8 ‘‘(i) the conditions and performance of
9 the highway network for freight movement;
10 ‘‘(ii) intelligent transportation systems;
11 ‘‘(iii) resilience needs; and
12 ‘‘(iv) the backlog of current highway,
13 bridge, and tunnel needs.’’; and
14 (G) by adding at the end the following:
15 ‘‘(9) ANALYSIS TOOLS.—The Secretary may de-
16 velop interactive modeling tools and databases that—
17 ‘‘(A) track the full condition of highway as-
18 sets, including interchanges, and the reconstruc-
19 tion history of those assets;
20 ‘‘(B) can be used to assess transportation
21 options;
22 ‘‘(C) allow for the monitoring and modeling
23 of network-level traffic flows on highways; and
24 ‘‘(D) further Federal and State under-
25 standing of the importance of national and re-
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1 gional connectivity and the need for long-dis-
2 tance and interregional passenger and freight
3 travel by highway and other surface transpor-
4 tation modes.’’; and
5 (3) in subsection (c)—
6 (A) in paragraph (1)—
7 (i) in the matter preceding subpara-
8 graph (A), by inserting ‘‘use of rights-of-
9 way permissible under applicable law,’’
10 after ‘‘structures,’’;
11 (ii) in subparagraph (D), by striking
12 ‘‘and’’ at the end;
13 (iii) in subparagraph (E), by striking
14 the period at the end and inserting ‘‘; and’’;
15 and
16 (iv) by adding at the end the following:
17 ‘‘(F) disseminating and evaluating infor-
18 mation from accelerated market readiness efforts,
19 including non-market-ready technologies, to pub-
20 lic and private entities.’’;
21 (B) in paragraph (2)—
22 (i) in subparagraph (B)(iii), by strik-
23 ing ‘‘improved tools and methods to accel-
24 erate the adoption’’ and inserting ‘‘and de-
25 ploy improved tools and methods to accel-
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1 erate the adoption of early-stage and proven
2 innovative practices and technologies and,
3 as the Secretary determines to be appro-
4 priate, support continued implementation’’;
5 and
6 (ii) by adding at the end the following:
7 ‘‘(D) REPORT.—Not later than 2 years after
8 the date of enactment of this subparagraph and
9 every 2 years thereafter, the Secretary shall sub-
10 mit to the Committee on Environment and Pub-
11 lic Works of the Senate and the Committee on
12 Transportation and Infrastructure of the House
13 of Representatives and make publicly available
14 on an internet website a report that describes—
15 ‘‘(i) the activities the Secretary has un-
16 dertaken to carry out the program estab-
17 lished under paragraph (1); and
18 ‘‘(ii) how and to what extent the Sec-
19 retary has worked to disseminate non-mar-
20 ket-ready technologies to public and private
21 entities.’’;
22 (C) in paragraph (3)—
23 (i) by redesignating subparagraphs (C)
24 and (D) as subparagraphs (D) and (E), re-
25 spectively;
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1 (ii) by inserting after subparagraph
2 (B) the following:
3 ‘‘(C) HIGH-FRICTION SURFACE TREATMENT
4 APPLICATION STUDY.—
5 ‘‘(i) DEFINITION OF INSTITUTION.—In
6 this subparagraph, the term ‘institution’
7 means a private sector entity, public agen-
8 cy, research university or other research in-
9 stitution, or organization representing
10 transportation and technology leaders or
11 other transportation stakeholders that, as
12 determined by the Secretary, is capable of
13 working with State highway agencies, the
14 Federal Highway Administration, and the
15 highway construction industry to develop
16 and evaluate new products, design tech-
17 nologies, and construction methods that
18 quickly lead to pavement improvements.
19 ‘‘(ii) STUDY.—The Secretary shall seek
20 to enter into an agreement with an institu-
21 tion to carry out a study on the use of nat-
22 ural and synthetic calcined bauxite as a
23 high-friction surface treatment application
24 on pavement.
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1 ‘‘(iii) REPORT.—Not later than 18
2 months after the date of enactment of the
3 Surface Transportation Reauthorization
4 Act of 2021, the Secretary shall submit a re-
5 port on the results of the study under clause
6 (ii) to—
7 ‘‘(I) the Committee on Environ-
8 ment and Public Works of the Senate;
9 ‘‘(II) the Committee on Transpor-
10 tation and Infrastructure of the House
11 of Representatives;
12 ‘‘(III) the Federal Highway Ad-
13 ministration; and
14 ‘‘(IV) the American Association of
15 State Highway and Transportation
16 Officials.’’;
17 (iii) in subparagraph (D) (as so redes-
18 ignated), by striking ‘‘fiscal years 2016
19 through 2020’’ and inserting ‘‘fiscal years
20 2022 through 2026’’; and
21 (iv) in subparagraph (E) (as so redes-
22 ignated)—
23 (I) in clause (i), by striking ‘‘an-
24 nually’’ and inserting ‘‘once every 3
25 years’’; and
† HR 3684 EAS
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1 (II) in clause (ii)—
2 (aa) in subclause (III), by
3 striking ‘‘and’’ at the end;
4 (bb) in subclause (IV), by
5 striking the period at the end and
6 inserting a semicolon; and
7 (cc) by adding at the end the
8 following:
9 ‘‘(V) pavement monitoring and
10 data collection practices;
11 ‘‘(VI) pavement durability and re-
12 silience;
13 ‘‘(VII) stormwater management;
14 ‘‘(VIII) impacts on vehicle effi-
15 ciency;
16 ‘‘(IX) the energy efficiency of the
17 production of paving materials and the
18 ability of paving materials to enhance
19 the environment and promote sustain-
20 ability; and
21 ‘‘(X) integration of renewable en-
22 ergy in pavement designs.’’; and
23 (D) by adding at the end the following:
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1 ‘‘(5) ACCELERATED IMPLEMENTATION AND DE-
2 PLOYMENT OF ADVANCED DIGITAL CONSTRUCTION
3 MANAGEMENT SYSTEMS.—
4 ‘‘(A) IN GENERAL.—The Secretary shall es-
5 tablish and implement a program under the
6 technology and innovation deployment program
7 established under paragraph (1) to promote, im-
8 plement, deploy, demonstrate, showcase, support,
9 and document the application of advanced dig-
10 ital construction management systems, practices,
11 performance, and benefits.
12 ‘‘(B) GOALS.—The goals of the accelerated
13 implementation and deployment of advanced
14 digital construction management systems pro-
15 gram established under subparagraph (A) shall
16 include—
17 ‘‘(i) accelerated State adoption of ad-
18 vanced digital construction management
19 systems applied throughout the construction
20 lifecycle (including through the design and
21 engineering, construction, and operations
22 phases) that—
23 ‘‘(I) maximize interoperability
24 with other systems, products, tools, or
25 applications;
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1 ‘‘(II) boost productivity;
2 ‘‘(III) manage complexity;
3 ‘‘(IV) reduce project delays and
4 cost overruns; and
5 ‘‘(V) enhance safety and quality;
6 ‘‘(ii) more timely and productive infor-
7 mation-sharing among stakeholders through
8 reduced reliance on paper to manage con-
9 struction processes and deliverables such as
10 blueprints, design drawings, procurement
11 and supply-chain orders, equipment logs,
12 daily progress reports, and punch lists;
13 ‘‘(iii) deployment of digital manage-
14 ment systems that enable and leverage the
15 use of digital technologies on construction
16 sites by contractors, such as state-of-the-art
17 automated and connected machinery and
18 optimized routing software that allows con-
19 struction workers to perform tasks faster,
20 safer, more accurately, and with minimal
21 supervision;
22 ‘‘(iv) the development and deployment
23 of best practices for use in digital construc-
24 tion management;
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1 ‘‘(v) increased technology adoption and
2 deployment by States and units of local
3 government that enables project sponsors—
4 ‘‘(I) to integrate the adoption of
5 digital management systems and tech-
6 nologies in contracts; and
7 ‘‘(II) to weigh the cost of
8 digitization and technology in setting
9 project budgets;
10 ‘‘(vi) technology training and work-
11 force development to build the capabilities of
12 project managers and sponsors that enables
13 States and units of local government—
14 ‘‘(I) to better manage projects
15 using advanced construction manage-
16 ment technologies; and
17 ‘‘(II) to properly measure and re-
18 ward technology adoption across
19 projects of the State or unit of local
20 government;
21 ‘‘(vii) development of guidance to assist
22 States in updating regulations of the State
23 to allow project sponsors and contractors—
24 ‘‘(I) to report data relating to the
25 project in digital formats; and
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1 ‘‘(II) to fully capture the effi-
2 ciencies and benefits of advanced dig-
3 ital construction management systems
4 and related technologies;
5 ‘‘(viii) reduction in the environmental
6 footprint of construction projects using ad-
7 vanced digital construction management
8 systems resulting from elimination of con-
9 gestion through more efficient projects; and
10 ‘‘(ix) enhanced worker and pedestrian
11 safety resulting from increased trans-
12 parency.
13 ‘‘(C) FUNDING.—For each of fiscal years
14 2022 through 2026, the Secretary shall obligate
15 from funds made available to carry out this sub-
16 section $20,000,000 to accelerate the deployment
17 and implementation of advanced digital con-
18 struction management systems.
19 ‘‘(D) PUBLICATION.—
20 ‘‘(i) IN GENERAL.—Not less frequently
21 than annually, the Secretary shall issue and
22 make available to the public on a website a
23 report on—
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1 ‘‘(I) progress made in the imple-
2 mentation of advanced digital manage-
3 ment systems by States; and
4 ‘‘(II) the costs and benefits of the
5 deployment of new technology and in-
6 novations that substantially and di-
7 rectly resulted from the program estab-
8 lished under this paragraph.
9 ‘‘(ii) INCLUSIONS.—The report under
10 clause (i) may include an analysis of—
11 ‘‘(I) Federal, State, and local cost
12 savings;
13 ‘‘(II) project delivery time im-
14 provements;
15 ‘‘(III) congestion impacts; and
16 ‘‘(IV) safety improvements for
17 roadway users and construction work-
18 ers.’’.
19 (b) ADVANCED TRANSPORTATION TECHNOLOGIES AND
20 INNOVATIVE MOBILITY DEPLOYMENT.—Section 503(c)(4) of
21 title 23, United States Code, is amended—
22 (1) in the heading, by inserting ‘‘AND INNOVA-
23 TIVE MOBILITY’’ before ‘‘DEPLOYMENT’’;
24 (2) by striking subparagraph (A) and inserting
25 the following:
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1 ‘‘(A) IN GENERAL.—The Secretary shall
2 provide grants to eligible entities to deploy, in-
3 stall, and operate advanced transportation tech-
4 nologies to improve safety, mobility, efficiency,
5 system performance, intermodal connectivity,
6 and infrastructure return on investment.’’;
7 (3) in subparagraph (B)—
8 (A) in clause (i), by striking ‘‘the enhanced
9 use’’ and inserting ‘‘optimization’’;
10 (B) in clause (v)—
11 (i) by striking ‘‘transit,’’ and inserting
12 ‘‘work zone, weather, transit, paratransit,’’;
13 and
14 (ii) by striking ‘‘and accessible trans-
15 portation’’ and inserting ‘‘, accessible, and
16 integrated transportation and transpor-
17 tation services’’;
18 (C) by redesignating clauses (i) through
19 (viii) as clauses (iii), (iv), (v), (vi), (vii), (ix),
20 (x), and (xi), respectively;
21 (D) by inserting before clause (iii) (as so re-
22 designated) the following:
23 ‘‘(i) improve the mobility of people and
24 goods;
† HR 3684 EAS
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1 ‘‘(ii) improve the durability and ex-
2 tend the life of transportation infrastruc-
3 ture;’’;
4 (E) in clause (iv) (as so redesignated), by
5 striking ‘‘deliver’’ and inserting ‘‘protect the en-
6 vironment and deliver’’;
7 (F) by inserting after clause (vii) (as so re-
8 designated) the following:
9 ‘‘(viii) facilitate account-based pay-
10 ments for transportation access and services
11 and integrate payment systems across
12 modes;’’;
13 (G) in clause (x) (as so redesignated), by
14 striking ‘‘or’’ at the end;
15 (H) in clause (xi) (as so redesignated)—
16 (i) by inserting ‘‘vehicle-to-pedestrian,’’
17 after ‘‘vehicle-to-infrastructure,’’; and
18 (ii) by striking the period at the end
19 and inserting ‘‘; or’’; and
20 (I) by adding at the end the following:
21 ‘‘(xii) incentivize travelers—
22 ‘‘(I) to share trips during periods
23 in which travel demand exceeds system
24 capacity; or
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1 ‘‘(II) to shift trips to periods in
2 which travel demand does not exceed
3 system capacity.’’;
4 (4) in subparagraph (C)—
5 (A) in clause (i), by striking ‘‘Not later’’
6 and all that follows through ‘‘thereafter’’ and in-
7 serting ‘‘Each fiscal year for which funding is
8 made available for activities under this para-
9 graph’’; and
10 (B) in clause (ii)—
11 (i) in subclause (I), by inserting ‘‘mo-
12 bility,’’ after ‘‘safety,’’; and
13 (ii) in subclause (II)—
14 (I) in item (bb), by striking
15 ‘‘and’’ at the end;
16 (II) in item (cc), by striking the
17 period at the end and inserting ‘‘;
18 and’’; and
19 (III) by adding at the end the fol-
20 lowing:
21 ‘‘(dd) facilitating payment
22 for transportation services.’’;
23 (5) in subparagraph (D)—
24 (A) in clause (i), by striking ‘‘Not later’’
25 and all that follows through ‘‘thereafter’’ and in-
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1 serting ‘‘Each fiscal year for which funding is
2 made available for activities under this para-
3 graph’’; and
4 (B) in clause (ii)—
5 (i) by striking ‘‘In awarding’’ and in-
6 serting the following:
7 ‘‘(I) IN GENERAL.—Subject to
8 subclause (II), in awarding’’; and
9 (ii) by adding at the end the following:
10 ‘‘(II) RURAL SET-ASIDE.—Not less
11 than 20 percent of the amounts made
12 available to carry out this paragraph
13 shall be reserved for projects serving
14 rural areas.’’;
15 (6) in subparagraph (E)—
16 (A) by redesignating clauses (iii) through
17 (ix) as clauses (iv), (v), (vi), (vii), (viii), (xi),
18 and (xiv), respectively;
19 (B) by inserting after clause (ii) the fol-
20 lowing:
21 ‘‘(iii) advanced transportation tech-
22 nologies to improve emergency evacuation
23 and response by Federal, State, and local
24 authorities;’’;
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1 (C) by inserting after clause (viii) (as so re-
2 designated) the following:
3 ‘‘(ix) integrated corridor management
4 systems;
5 ‘‘(x) advanced parking reservation or
6 variable pricing systems;’’;
7 (D) in clause (xi) (as so redesignated)—
8 (i) by inserting ‘‘, toll collection,’’ after
9 ‘‘pricing’’; and
10 (ii) by striking ‘‘or’’ at the end;
11 (E) by inserting after clause (xi) (as so re-
12 designated) the following:
13 ‘‘(xii) technology that enhances high
14 occupancy vehicle toll lanes, cordon pricing,
15 or congestion pricing;
16 ‘‘(xiii) integration of transportation
17 service payment systems;’’;
18 (F) in clause (xiv) (as so redesignated)—
19 (i) by striking ‘‘and access’’ and in-
20 serting ‘‘, access, and on-demand transpor-
21 tation service’’;
22 (ii) by inserting ‘‘and other shared-use
23 mobility applications’’ after ‘‘ridesharing’’;
24 and
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1 (iii) by striking the period at the end
2 and inserting a semicolon; and
3 (G) by adding at the end the following:
4 ‘‘(xv) retrofitting dedicated short-range
5 communications (DSRC) technology de-
6 ployed as part of an existing pilot program
7 to cellular vehicle-to-everything (C–V2X)
8 technology, subject to the condition that the
9 retrofitted technology operates only within
10 the existing spectrum allocations for con-
11 nected vehicle systems; or
12 ‘‘(xvi) advanced transportation tech-
13 nologies, in accordance with the research
14 areas described in section 6503 of title 49.’’;
15 (7) in subparagraph (F)(ii)(IV), by striking ‘‘ef-
16 ficiency and multimodal system performance’’ and
17 inserting ‘‘mobility, efficiency, multimodal system
18 performance, and payment system performance’’;
19 (8) in subparagraph (G)—
20 (A) by redesignating clauses (vi) through
21 (viii) as clauses (vii) through (ix), respectively;
22 and
23 (B) by inserting after clause (v) the fol-
24 lowing:
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1 ‘‘(vi) improved integration of payment
2 systems;’’;
3 (9) in subparagraph (I)(i), by striking ‘‘fiscal
4 years 2016 through 2020’’ and inserting ‘‘fiscal years
5 2022 through 2026’’;
6 (10) in subparagraph (J), by striking ‘‘50’’ and
7 inserting ‘‘80’’; and
8 (11) in subparagraph (N)—
9 (A) in the matter preceding clause (i), by
10 striking ‘‘, the following definitions apply’’;
11 (B) in clause (i), by striking ‘‘representing
12 a population of over 200,000’’; and
13 (C) 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) HIGHLY AUTOMATED VEHICLE.—
23 The term ‘highly automated vehicle’ means
24 a motor vehicle that—
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1 ‘‘(I) has a taxable gross weight (as
2 defined in section 41.4482(b)–1 of title
3 26, Code of Federal Regulations (or
4 successor regulations)) of 10,000
5 pounds or less; and
6 ‘‘(II) is equipped with a Level 3,
7 Level 4, or Level 5 automated driving
8 system (as defined in the SAE Inter-
9 national Recommended Practice num-
10 bered J3016 and dated June 15, 2018
11 (or a subsequent standard adopted by
12 the Secretary)).
13 ‘‘(ii) NEW MOBILITY.—The term ‘new
14 mobility’ includes shared services such as—
15 ‘‘(I) docked and dockless bicycles;
16 ‘‘(II) docked and dockless electric
17 scooters; and
18 ‘‘(III) transportation network
19 companies.
20 ‘‘(B) ESTABLISHMENT.—Not later than 1
21 year after the date of enactment of the Surface
22 Transportation Reauthorization Act of 2021, the
23 Secretary shall establish a Center of Excellence
24 to collect, conduct, and fund research on the im-
25 pacts of new mobility and highly automated ve-
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1 hicles on land use, urban design, transportation,
2 real estate, equity, and municipal budgets.
3 ‘‘(C) REPORT.—Not later than 1 year after
4 the date on which the Center of Excellence is es-
5 tablished, the Secretary shall submit a report
6 that describes the results of the research regard-
7 ing the impacts of new mobility and highly
8 automated vehicles to the Committees on Envi-
9 ronment and Public Works and Commerce,
10 Science, and Transportation of the Senate and
11 the Committees on Transportation and Infra-
12 structure and Energy and Commerce of the
13 House of Representatives.
14 ‘‘(D) PARTNERSHIPS.—In establishing the
15 Center of Excellence under subparagraph (B),
16 the Secretary shall enter into appropriate part-
17 nerships with any institution of higher education
18 (as defined in section 101 of the Higher Edu-
19 cation Act of 1965 (20 U.S.C. 1001)) or public
20 or private research entity.’’.
21 (d) ACCELERATED IMPLEMENTATION AND DEPLOY-
22 MENT OF ADVANCED DIGITAL CONSTRUCTION MANAGE-
23 MENT SYSTEMS.—Not later than 1 year after the date of
24 enactment of this Act, the Secretary shall submit to the
25 Committee on Environment and Public Works of the Senate
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1 and the Committee on Transportation and Infrastructure
2 of the House of Representatives a report that includes—
3 (1) a description of—
4 (A) the current status of the use of advanced
5 digital construction management systems in each
6 State; and
7 (B) the progress of each State toward accel-
8 erating the adoption of advanced digital con-
9 struction management systems; and
10 (2) an analysis of the savings in project delivery
11 time and project costs that can be achieved through
12 the use of advanced digital construction management
13 systems.
14 (e) OPEN CHALLENGE AND RESEARCH PROPOSAL
15 PILOT PROGRAM.—
16 (1) IN GENERAL.—The Secretary shall establish
17 an open challenge and research proposal pilot pro-
18 gram under which eligible entities may propose open
19 highway challenges and research proposals that are
20 linked to identified or potential research needs.
21 (2) REQUIREMENTS.—A research proposal sub-
22 mitted to the Secretary by an eligible entity shall ad-
23 dress—
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1 (A) a research need identified by the Sec-
2 retary or the Administrator of the Federal High-
3 way Administration; or
4 (B) an issue or challenge that the Secretary
5 determines to be important.
6 (3) ELIGIBLE ENTITIES.—An entity eligible to
7 submit a research proposal under the pilot program
8 under paragraph (1) is—
9 (A) a State;
10 (B) a unit of local government;
11 (C) a university transportation center
12 under section 5505 of title 49, United States
13 Code;
14 (D) a private nonprofit organization;
15 (E) a private sector organization working
16 in collaboration with an entity described in sub-
17 paragraphs (A) through (D); and
18 (F) any other individual or entity that the
19 Secretary determines to be appropriate.
20 (4) PROJECT REVIEW.—The Secretary shall—
21 (A) review each research proposal submitted
22 under the pilot program under paragraph (1);
23 and
24 (B) provide to the eligible entity a written
25 notice that—
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1 (i) if the research proposal is not se-
2 lected—
3 (I) notifies the eligible entity that
4 the research proposal has not been se-
5 lected for funding;
6 (II) provides an explanation as to
7 why the research proposal was not se-
8 lected, including if the research pro-
9 posal does not cover an area of need;
10 and
11 (III) if applicable, recommend
12 that the research proposal be submitted
13 to another research program and pro-
14 vide guidance and direction to the eli-
15 gible entity and the proposed research
16 program office; and
17 (ii) if the research proposal is selected,
18 notifies the eligible entity that the research
19 proposal has been selected for funding.
20 (5) FEDERAL SHARE.—
21 (A) IN GENERAL.—The Federal share of the
22 cost of an activity carried out under this sub-
23 section shall not exceed 80 percent.
24 (B) NON-FEDERAL SHARE.—All costs di-
25 rectly incurred by the non-Federal partners, in-
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1 cluding personnel, travel, facility, and hardware
2 development costs, shall be credited toward the
3 non-Federal share of the cost of an activity car-
4 ried out under this subsection.
5 (f) CONFORMING AMENDMENT.—Section 167 of title
6 23, United States Code, is amended—
7 (1) by striking subsection (h); and
8 (2) by redesignating subsections (i) through (l)
9 as subsections (h) through (k), respectively.
10 SEC. 13007. WORKFORCE DEVELOPMENT, TRAINING, AND
11 EDUCATION.
12 (a) SURFACE TRANSPORTATION WORKFORCE DEVEL-
13 OPMENT, TRAINING, AND EDUCATION.—Section 504(e) of
14 title 23, United States Code, is amended—
15 (1) in paragraph (1)—
16 (A) by redesignating subparagraphs (D)
17 through (G) as subparagraphs (E), (F), (H), and
18 (I), respectively;
19 (B) by inserting after subparagraph (C) the
20 following:
21 ‘‘(D) pre-apprenticeships, apprenticeships,
22 and career opportunities for on-the-job train-
23 ing;’’;
24 (C) in subparagraph (E) (as so redesig-
25 nated), by striking ‘‘or community college’’ and
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1 inserting ‘‘, college, community college, or voca-
2 tional school’’; and
3 (D) by inserting after subparagraph (F) (as
4 so redesignated) the following:
5 ‘‘(G) activities associated with workforce
6 training and employment services, such as tar-
7 geted outreach and partnerships with industry,
8 economic development organizations, workforce
9 development boards, and labor organizations;’’;
10 (2) in paragraph (2), by striking ‘‘paragraph
11 (1)(G)’’ and inserting ‘‘paragraph (1)(I)’’; and
12 (3) in paragraph (3)—
13 (A) by striking the period at the end and
14 inserting a semicolon;
15 (B) by striking ‘‘including activities’’ and
16 inserting the following: ‘‘including—
17 ‘‘(A) activities’’; and
18 (C) by adding at the end the following:
19 ‘‘(B) activities that address current work-
20 force gaps, such as work on construction projects,
21 of State and local transportation agencies;
22 ‘‘(C) activities to develop a robust surface
23 transportation workforce with new skills result-
24 ing from emerging transportation technologies;
25 and
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1 ‘‘(D) activities to attract new sources of job-
2 creating investment.’’.
3 (b) TRANSPORTATION EDUCATION AND TRAINING DE-
4 VELOPMENT AND DEPLOYMENT PROGRAM.—Section 504(f)
5 of title 23, United States Code, is amended—
6 (1) in the subsection heading, by striking ‘‘DE-
7 VELOPMENT’’ and inserting ‘‘AND TRAINING DEVEL-
8 OPMENT AND DEPLOYMENT’’;
9 (2) by striking paragraph (1) and inserting the
10 following:
11 ‘‘(1) ESTABLISHMENT.—The Secretary shall es-
12 tablish a program to make grants to educational in-
13 stitutions or State departments of transportation, in
14 partnership with industry and relevant Federal de-
15 partments and agencies—
16 ‘‘(A) to develop, test, and review new cur-
17 ricula and education programs to train individ-
18 uals at all levels of the transportation workforce;
19 or
20 ‘‘(B) to implement the new curricula and
21 education programs to provide for hands-on ca-
22 reer opportunities to meet current and future
23 needs.’’;
24 (3) in paragraph (2)—
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1 (A) in the matter preceding subparagraph
2 (A), by striking ‘‘shall’’ and inserting ‘‘may’’;
3 (B) in subparagraph (A), by inserting ‘‘cur-
4 rent or future’’ after ‘‘specific’’; and
5 (C) in subparagraph (E)—
6 (i) by striking ‘‘in nontraditional de-
7 partments’’;
8 (ii) by inserting ‘‘construction,’’ after
9 ‘‘such as’’; and
10 (iii) by inserting ‘‘or emerging’’ after
11 ‘‘industrial’’;
12 (4) by redesignating paragraph (3) as para-
13 graph (4); and
14 (5) by inserting after paragraph (2) the fol-
15 lowing:
16 ‘‘(3) REPORTING.—The Secretary shall establish
17 minimum reporting requirements for grant recipients
18 under this subsection, which may include, with re-
19 spect to a program carried out with a grant under
20 this subsection—
21 ‘‘(A) the percentage or number of program
22 participants that are employed during the sec-
23 ond quarter after exiting the program;
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1 ‘‘(B) the percentage or number of program
2 participants that are employed during the fourth
3 quarter after exiting the program;
4 ‘‘(C) the median earnings of program par-
5 ticipants that are employed during the second
6 quarter after exiting the program;
7 ‘‘(D) the percentage or number of program
8 participants that obtain a recognized postsec-
9 ondary credential or a secondary school diploma
10 (or a recognized equivalent) during participation
11 in the program or by not later than 1 year after
12 exiting the program; and
13 ‘‘(E) the percentage or number of program
14 participants that, during a program year—
15 ‘‘(i) are in an education or training
16 program that leads to a recognized postsec-
17 ondary credential or employment; and
18 ‘‘(ii) are achieving measurable skill
19 gains toward such a credential or employ-
20 ment.’’.
21 (c) USE OF FUNDS.—Section 504 of title 23, United
22 States Code, is amended by adding at the end the following:
23 ‘‘(i) USE OF FUNDS.—The Secretary may use funds
24 made available to carry out this section to carry out activi-
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1 ties related to workforce development and technical assist-
2 ance and training if—
3 ‘‘(1) the activities are authorized by another pro-
4 vision of this title; and
5 ‘‘(2) the activities are for entities other than em-
6 ployees of the Secretary, such as States, units of local
7 government, Federal land management agencies, and
8 Tribal governments.’’.
9 SEC. 13008. WILDLIFE-VEHICLE COLLISION RESEARCH.
10 (a) GENERAL AUTHORITIES AND REQUIREMENTS RE-
11 GARDING WILDLIFE AND HABITAT.—Section 515(h)(2) of
12 title 23, United States Code, is amended—
13 (1) in subparagraph (K), by striking ‘‘and’’ at
14 the end;
15 (2) by redesignating subparagraphs (D), (E),
16 (F), (G), (H), (I), (J), (K), and (L) as subparagraphs
17 (E), (F), (G), (H), (I), (K), (L), (M), and (O), respec-
18 tively;
19 (3) by inserting after subparagraph (C) the fol-
20 lowing:
21 ‘‘(D) a representative from a State, local, or
22 regional wildlife, land use, or resource manage-
23 ment agency;’’;
24 (4) by inserting after subparagraph (I) (as so re-
25 designated) the following:
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1 ‘‘(J) an academic researcher who is a bio-
2 logical or ecological scientist with expertise in
3 transportation issues;’’; and
4 (5) by inserting after subparagraph (M) (as so
5 redesignated) the following:
6 ‘‘(N) a representative from a public interest
7 group concerned with the impact of the transpor-
8 tation system on terrestrial and aquatic species
9 and the habitat of those species; and’’.
10 (b) ANIMAL DETECTION SYSTEMS RESEARCH AND DE-
11 VELOPMENT.—Section 516(b)(6) of title 23, United States
12 Code, is amended by inserting ‘‘, including animal detec-
13 tion systems to reduce the number of wildlife-vehicle colli-
14 sions’’ after ‘‘systems’’.
15 SEC. 13009. TRANSPORTATION RESILIENCE AND ADAPTA-
16 TION CENTERS OF EXCELLENCE.
17 (a) IN GENERAL.—Chapter 5 of title 23, United States
18 Code, is amended by adding at the end the following:
19 ‘‘§ 520. Transportation Resilience and Adaptation
20 Centers of Excellence
21 ‘‘(a) DEFINITION OF CENTER OF EXCELLENCE.—In
22 this section, the term ‘Center of Excellence’ means a Center
23 of Excellence for Resilience and Adaptation designated
24 under subsection (b).
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1 ‘‘(b) DESIGNATION.—The Secretary shall designate 10
2 regional Centers of Excellence for Resilience and Adapta-
3 tion and 1 national Center of Excellence for Resilience and
4 Adaptation, which shall serve as a coordinator for the re-
5 gional Centers, to receive grants to advance research and
6 development that improves the resilience of regions of the
7 United States to natural disasters and extreme weather by
8 promoting the resilience of surface transportation infra-
9 structure and infrastructure dependent on surface transpor-
10 tation.
11 ‘‘(c) ELIGIBILITY.—An entity eligible to be designated
12 as a Center of Excellence is—
13 ‘‘(1) an institution of higher education (as de-
14 fined in section 102 of the Higher Education Act of
15 1965 (20 U.S.C. 1002)); or
16 ‘‘(2) a consortium of nonprofit organizations led
17 by an institution of higher education.
18 ‘‘(d) APPLICATION.—To be eligible to be designated as
19 a Center of Excellence, an eligible entity shall submit to
20 the Secretary an application at such time, in such manner,
21 and containing such information as the Secretary may re-
22 quire, including a proposal that includes a description of
23 the activities to be carried out with a grant under this sec-
24 tion.
25 ‘‘(e) SELECTION.—
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1 ‘‘(1) REGIONAL CENTERS OF EXCELLENCE.—The
2 Secretary shall designate 1 regional Center of Excel-
3 lence in each of the 10 Federal regions that comprise
4 the Standard Federal Regions established by the Of-
5 fice of Management and Budget in the document enti-
6 tled ‘Standard Federal Regions’ and dated April 1974
7 (circular A–105).
8 ‘‘(2) NATIONAL CENTER OF EXCELLENCE.—The
9 Secretary shall designate 1 national Center of Excel-
10 lence to coordinate the activities of all 10 regional
11 Centers of Excellence to minimize duplication and
12 promote coordination and dissemination of research
13 among the Centers.
14 ‘‘(3) CRITERIA.—In selecting eligible entities to
15 designate as a Center of Excellence, the Secretary
16 shall consider—
17 ‘‘(A) the past experience and performance of
18 the eligible entity in carrying out activities de-
19 scribed in subsection (g);
20 ‘‘(B) the merits of the proposal of an eligible
21 entity and the extent to which the proposal
22 would—
23 ‘‘(i) advance the state of practice in re-
24 silience planning and identify innovative
† HR 3684 EAS
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1 resilience solutions for transportation assets
2 and systems;
3 ‘‘(ii) support activities carried out
4 under the PROTECT program under sec-
5 tion 176;
6 ‘‘(iii) support and build on work being
7 carried out by another Federal agency relat-
8 ing to resilience;
9 ‘‘(iv) inform transportation decision-
10 making at all levels of government;
11 ‘‘(v) engage local, regional, Tribal,
12 State, and national stakeholders, including,
13 if applicable, stakeholders representing
14 transportation, transit, urban, and land use
15 planning, natural resources, environmental
16 protection, hazard mitigation, and emer-
17 gency management; and
18 ‘‘(vi) engage community groups and
19 other stakeholders that will be affected by
20 transportation decisions, including under-
21 served, economically disadvantaged, rural,
22 and predominantly minority communities;
23 and
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1 ‘‘(C) the local, regional, Tribal, State, and
2 national impacts of the proposal of the eligible
3 entity.
4 ‘‘(f) GRANTS.—Subject to the availability of appro-
5 priations, the Secretary shall provide to each Center of Ex-
6 cellence a grant of not less than $5,000,000 for each of fiscal
7 years 2022 through 2031 to carry out the activities de-
8 scribed in subsection (g).
9 ‘‘(g) ACTIVITIES.—In carrying out this section, the
10 Secretary shall ensure that a Center of Excellence uses the
11 funds from a grant under subsection (f) to promote resilient
12 transportation infrastructure, including through—
13 ‘‘(1) supporting climate vulnerability assess-
14 ments informed by climate change science, including
15 national climate assessments produced by the United
16 States Global Change Research Program under sec-
17 tion 106 of the Global Change Research Act of 1990
18 (15 U.S.C. 2936), relevant feasibility analyses of re-
19 silient transportation improvements, and transpor-
20 tation resilience planning;
21 ‘‘(2) development of new design, operations, and
22 maintenance standards for transportation infrastruc-
23 ture that can inform Federal and State decision-
24 making;
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1 ‘‘(3) research and development of new materials
2 and technologies that could be integrated into existing
3 and new transportation infrastructure;
4 ‘‘(4) development, refinement, and piloting of
5 new and emerging resilience improvements and strat-
6 egies, including natural infrastructure approaches
7 and relocation;
8 ‘‘(5) development of and investment in new ap-
9 proaches for facilitating meaningful engagement in
10 transportation decisionmaking by local, Tribal, re-
11 gional, or national stakeholders and communities;
12 ‘‘(6) technical capacity building to facilitate the
13 ability of local, regional, Tribal, State, and national
14 stakeholders—
15 ‘‘(A) to assess the vulnerability of transpor-
16 tation infrastructure assets and systems;
17 ‘‘(B) to develop community response strate-
18 gies;
19 ‘‘(C) to meaningfully engage with commu-
20 nity stakeholders; and
21 ‘‘(D) to develop strategies and improve-
22 ments for enhancing transportation infrastruc-
23 ture resilience under current conditions and a
24 range of potential future conditions;
25 ‘‘(7) workforce development and training;
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1 ‘‘(8) development and dissemination of data,
2 tools, techniques, assessments, and information that
3 informs Federal, State, Tribal, and local government
4 decisionmaking, policies, planning, and investments;
5 ‘‘(9) education and outreach regarding transpor-
6 tation infrastructure resilience; and
7 ‘‘(10) technology transfer and commercialization.
8 ‘‘(h) FEDERAL SHARE.—The Federal share of the cost
9 of an activity under this section, including the costs of es-
10 tablishing and operating a Center of Excellence, shall be
11 50 percent.’’.
12 (b) CLERICAL AMENDMENT.—The analysis for chapter
13 5 of title 23, United States Code, is amended by adding
14 at the end the following:
‘‘520. Transportation Resilience and Adaptation Centers of Excellence.’’.
15 SEC. 13010. TRANSPORTATION ACCESS PILOT PROGRAM.
16 (a) DEFINITIONS.—In this section:
17 (1) METROPOLITAN PLANNING ORGANIZATION.—
18 The term ‘‘metropolitan planning organization’’ has
19 the meaning given the term in section 134(b) of title
20 23, United States Code.
21 (2) STATE.—The term ‘‘State’’ has the meaning
22 given the term in section 101(a) of title 23, United
23 States Code.
24 (3) SURFACE TRANSPORTATION MODES.—The
25 term ‘‘surface transportation modes’’ means—
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1 (A) driving;
2 (B) public transportation;
3 (C) walking;
4 (D) cycling; and
5 (E) a combination of any of the modes of
6 transportation described in subparagraphs (A)
7 through (D).
8 (4) PILOT PROGRAM.—The term ‘‘pilot program’’
9 means the transportation pilot program established
10 under subsection (b).
11 (5) REGIONAL TRANSPORTATION PLANNING OR-
12 GANIZATION.—The term ‘‘regional transportation
13 planning organization’’ has the meaning given the
14 term in section 134(b) of title 23, United States Code.
15 (b) ESTABLISHMENT.—Not later than 1 year after the
16 date of enactment of this Act, the Secretary shall establish
17 a transportation pilot program.
18 (c) PURPOSE.—The purpose of the pilot program is to
19 develop or procure an accessibility data set and make that
20 data set available to each eligible entity selected to partici-
21 pate in the pilot program—
22 (1) to improve the transportation planning of
23 those eligible entities by—
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1 (A) measuring the level of access by surface
2 transportation modes to important destinations,
3 which may include—
4 (i) jobs;
5 (ii) health care facilities;
6 (iii) child care services;
7 (iv) educational and workforce train-
8 ing facilities;
9 (v) housing;
10 (vi) food sources;
11 (vii) points within the supply chain
12 for freight commodities;
13 (viii) domestic or international mar-
14 kets; and
15 (ix) connections between surface trans-
16 portation modes; and
17 (B) disaggregating the level of access by sur-
18 face transportation modes by a variety of—
19 (i) population categories, which may
20 include—
21 (I) low-income populations;
22 (II) minority populations;
23 (III) age;
24 (IV) disability; and
25 (V) geographical location; or
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1 (ii) freight commodities, which may
2 include—
3 (I) agricultural commodities;
4 (II) raw materials;
5 (III) finished products; and
6 (IV) energy commodities; and
7 (2) to assess the change in accessibility that
8 would result from new transportation investments.
9 (d) ELIGIBLE ENTITIES.—An entity eligible to partici-
10 pate in the pilot program is—
11 (1) a State;
12 (2) a metropolitan planning organization; or
13 (3) a regional transportation planning organiza-
14 tion.
15 (e) APPLICATION.—To be eligible to participate in the
16 pilot program, an eligible entity shall submit to the Sec-
17 retary an application at such time, in such manner, and
18 containing such information as the Secretary may require,
19 including information relating to—
20 (1) previous experience of the eligible entity
21 measuring transportation access or other performance
22 management experience, if applicable;
23 (2) the types of important destinations to which
24 the eligible entity intends to measure access;
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1 (3) the types of data disaggregation the eligible
2 entity intends to pursue;
3 (4) a general description of the methodology the
4 eligible entity intends to apply; and
5 (5) if the applicant does not intend the pilot pro-
6 gram to apply to the full area under the jurisdiction
7 of the applicant, a description of the geographic area
8 in which the applicant intends the pilot program to
9 apply.
10 (f) SELECTION.—
11 (1) IN GENERAL.—The Secretary shall seek to
12 achieve diversity of participants in the pilot program
13 by selecting a range of eligible entities that shall in-
14 clude—
15 (A) States;
16 (B) metropolitan planning organizations
17 that serve an area with a population of 200,000
18 people or fewer;
19 (C) metropolitan planning organizations
20 that serve an area with a population of over
21 200,000 people; and
22 (D) regional transportation planning orga-
23 nizations.
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1 (2) INCLUSIONS.—The Secretary shall seek to en-
2 sure that, among the eligible entities selected under
3 paragraph (1), there is—
4 (A) a range of capacity and previous expe-
5 rience with measuring transportation access; and
6 (B) a variety of proposed methodologies and
7 focus areas for measuring level of access.
8 (g) DUTIES.—For each eligible entity participating in
9 the pilot program, the Secretary shall—
10 (1) develop or acquire an accessibility data set
11 described in subsection (c); and
12 (2) submit the data set to the eligible entity.
13 (h) METHODOLOGY.—In calculating the measures for
14 the data set under the pilot program, the Secretary shall
15 ensure that methodology is open source.
16 (i) AVAILABILITY.—The Secretary shall make an acces-
17 sibility data set under the pilot program available to—
18 (1) units of local government within the jurisdic-
19 tion of the eligible entity participating in the pilot
20 program; and
21 (2) researchers.
22 (j) REPORT.—Not later than 2 years after the date of
23 enactment of this Act, and every 2 years thereafter, the Sec-
24 retary shall submit to the Committee on Environment and
25 Public Works of the Senate and the Committee on Transpor-
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1 tation and Infrastructure of the House of Representatives
2 a report on the results of the pilot program, including the
3 feasibility of developing and providing periodic accessi-
4 bility data sets for all States, regions, and localities.
5 (k) TRANSPORTATION SYSTEM ACCESS.—
6 (1) IN GENERAL.—The Secretary shall establish
7 consistent measures that States, metropolitan plan-
8 ning organizations, and regional transportation plan-
9 ning organizations may choose to adopt to assess the
10 level of safe and convenient access by surface trans-
11 portation modes to important destinations as de-
12 scribed in subsection (c)(1)(A).
13 (2) SAVINGS PROVISION.—Nothing in this section
14 provides the Secretary the authority—
15 (A) to establish a performance measure or
16 require States or metropolitan planning organi-
17 zations to set a performance target for access as
18 described in paragraph (1); or
19 (B) to establish any other Federal require-
20 ment.
21 (l) FUNDING.—The Secretary shall carry out the pilot
22 program using amounts made available to the Secretary for
23 administrative expenses to carry out programs under the
24 authority of the Secretary.
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1 (m) SUNSET.—The pilot program shall terminate on
2 the date that is 8 years after the date on which the pilot
3 program is implemented.
4 TITLE IV—INDIAN AFFAIRS
5 SEC. 14001. DEFINITION OF SECRETARY.
6 In this title, the term ‘‘Secretary’’ means the Secretary
7 of the Interior.
8 SEC. 14002. ENVIRONMENTAL REVIEWS FOR CERTAIN TRIB-
9 AL TRANSPORTATION FACILITIES.
10 (a) DEFINITION OF TRIBAL TRANSPORTATION SAFETY
11 PROJECT.—
12 (1) IN GENERAL.—In this section, the term ‘‘trib-
13 al transportation safety project’’ means a project de-
14 scribed in paragraph (2) that is eligible for funding
15 under section 202 of title 23, United States Code.
16 (2) PROJECT DESCRIBED.—A project described
17 in this paragraph is a project that corrects or im-
18 proves a hazardous road location or feature or ad-
19 dresses a highway safety problem through 1 or more
20 of the activities described in any of the clauses under
21 section 148(a)(4)(B) of title 23, United States Code.
22 (b) REVIEWS OF TRIBAL TRANSPORTATION SAFETY
23 PROJECTS.—
24 (1) IN GENERAL.—The Secretary or the Sec-
25 retary of Transportation, as applicable, or the head
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1 of another Federal agency responsible for a decision
2 related to a tribal transportation safety project shall
3 complete any approval or decision for the review of
4 the tribal transportation safety project required under
5 the National Environmental Policy Act of 1969 (42
6 U.S.C. 4321 et seq.) or any other applicable Federal
7 law on an expeditious basis using the shortest existing
8 applicable process.
9 (2) REVIEW OF APPLICATIONS.—Not later than
10 45 days after the date of receipt of a complete appli-
11 cation by an Indian tribe for approval of a tribal
12 transportation safety project, the Secretary or the
13 Secretary of Transportation, as applicable, shall—
14 (A) take final action on the application; or
15 (B) provide the Indian tribe a schedule for
16 completion of the review described in paragraph
17 (1), including the identification of any other
18 Federal agency that has jurisdiction with respect
19 to the project.
20 (3) DECISIONS UNDER OTHER FEDERAL LAWS.—
21 In any case in which a decision under any other Fed-
22 eral law relating to a tribal transportation safety
23 project (including the issuance or denial of a permit
24 or license) is required, not later than 45 days after
25 the Secretary or the Secretary of Transportation, as
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1 applicable, has made all decisions of the lead agency
2 under the National Environmental Policy Act of 1969
3 (42 U.S.C. 4321 et seq.) with respect to the project,
4 the head of the Federal agency responsible for the de-
5 cision shall—
6 (A) make the applicable decision; or
7 (B) provide the Indian tribe a schedule for
8 making the decision.
9 (4) EXTENSIONS.—The Secretary or the Sec-
10 retary of Transportation, as applicable, or the head
11 of the Federal agency may extend the period under
12 paragraph (2) or (3), as applicable, by an additional
13 30 days by providing the Indian tribe notice of the
14 extension, including a statement of the need for the
15 extension.
16 (5) NOTIFICATION AND EXPLANATION.—In any
17 case in which a required action is not completed by
18 the deadline under paragraph (2), (3), or (4), as ap-
19 plicable, the Secretary, the Secretary of Transpor-
20 tation, or the head of a Federal agency, as applicable,
21 shall—
22 (A) notify the Committees on Indian Affairs
23 and Environment and Public Works of the Sen-
24 ate and the Committee on Natural Resources of
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1 the House of Representatives of the failure to
2 comply with the deadline; and
3 (B) provide to the Committees described in
4 subparagraph (A) a detailed explanation of the
5 reasons for the failure to comply with the dead-
6 line.
7 SEC. 14003. PROGRAMMATIC AGREEMENTS FOR TRIBAL
8 CATEGORICAL EXCLUSIONS.
9 (a) IN GENERAL.—The Secretary and the Secretary of
10 Transportation shall enter into programmatic agreements
11 with Indian tribes that establish efficient administrative
12 procedures for carrying out environmental reviews for
13 projects eligible for assistance under section 202 of title 23,
14 United States Code.
15 (b) INCLUSIONS.—A programmatic agreement under
16 subsection (a)—
17 (1) may include an agreement that allows an In-
18 dian tribe to determine, on behalf of the Secretary
19 and the Secretary of Transportation, whether a
20 project is categorically excluded from the preparation
21 of an environmental assessment or environmental im-
22 pact statement under the National Environmental
23 Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
24 (2) shall—
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1 (A) require that the Indian tribe maintain
2 adequate capability in terms of personnel and
3 other resources to carry out applicable agency re-
4 sponsibilities pursuant to section 1507.2 of title
5 40, Code of Federal Regulations (or successor
6 regulations);
7 (B) set forth the responsibilities of the In-
8 dian tribe for making categorical exclusion deter-
9 minations, documenting the determinations, and
10 achieving acceptable quality control and quality
11 assurance;
12 (C) allow—
13 (i) the Secretary and the Secretary of
14 Transportation to monitor compliance of
15 the Indian tribe with the terms of the agree-
16 ment; and
17 (ii) the Indian tribe to execute any
18 needed corrective action;
19 (D) contain stipulations for amendments,
20 termination, and public availability of the agree-
21 ment once the agreement has been executed; and
22 (E) have a term of not more than 5 years,
23 with an option for renewal based on a review by
24 the Secretary and the Secretary of Transpor-
25 tation of the performance of the Indian tribe.
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1 SEC. 14004. USE OF CERTAIN TRIBAL TRANSPORTATION
2 FUNDS.
3 Section 202(d) of title 23, United States Code, is
4 amended by striking paragraph (2) and inserting the fol-
5 lowing:
6 ‘‘(2) USE OF FUNDS.—Funds made available to
7 carry out this subsection shall be used—
8 ‘‘(A) to carry out any planning, design, en-
9 gineering, preconstruction, construction, and in-
10 spection of new or replacement tribal transpor-
11 tation facility bridges;
12 ‘‘(B) to replace, rehabilitate, seismically ret-
13 rofit, paint, apply calcium magnesium acetate,
14 sodium acetate/formate, or other environmentally
15 acceptable, minimally corrosive anti-icing and
16 deicing composition; or
17 ‘‘(C) to implement any countermeasure for
18 tribal transportation facility bridges classified as
19 in poor condition, having a low load capacity,
20 or needing geometric improvements, including
21 multiple-pipe culverts.’’.
22 SEC. 14005. BUREAU OF INDIAN AFFAIRS ROAD MAINTE-
23 NANCE PROGRAM.
24 There are authorized to be appropriated to the Director
25 of the Bureau of Indian Affairs to carry out the road main-
26 tenance program of the Bureau—
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1 (1) $50,000,000 for fiscal year 2022;
2 (2) $52,000,000 for fiscal year 2023;
3 (3) $54,000,000 for fiscal year 2024;
4 (4) $56,000,000 for fiscal year 2025; and
5 (5) $58,000,000 for fiscal year 2026.
6 SEC. 14006. STUDY OF ROAD MAINTENANCE ON INDIAN
7 LAND.
8 (a) DEFINITIONS.—In this section:
9 (1) INDIAN LAND.—The term ‘‘Indian land’’ has
10 the meaning given the term ‘‘Indian lands’’ in section
11 3 of the Native American Business Development,
12 Trade Promotion, and Tourism Act of 2000 (25
13 U.S.C. 4302).
14 (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has
15 the meaning given the term in section 4 of the Indian
16 Self-Determination and Education Assistance Act (25
17 U.S.C. 5304).
18 (3) ROAD.—The term ‘‘road’’ means a road
19 managed in whole or in part by the Bureau of Indian
20 Affairs.
21 (4) SECRETARY.—The term ‘‘Secretary’’ means
22 the Secretary, acting through the Assistant Secretary
23 for Indian Affairs.
24 (b) STUDY.—Not later than 2 years after the date of
25 enactment of this Act, the Secretary, in consultation with
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1 the Secretary of Transportation, shall carry out a study
2 to evaluate—
3 (1) the long-term viability and useful life of ex-
4 isting roads on Indian land;
5 (2) any steps necessary to achieve the goal of ad-
6 dressing the deferred maintenance backlog of existing
7 roads on Indian land;
8 (3) programmatic reforms and performance en-
9 hancements necessary to achieve the goal of restruc-
10 turing and streamlining road maintenance programs
11 on existing or future roads located on Indian land;
12 and
13 (4) recommendations on how to implement ef-
14 forts to coordinate with States, counties, municipali-
15 ties, and other units of local government to maintain
16 roads on Indian land.
17 (c) TRIBAL CONSULTATION AND INPUT.—Before begin-
18 ning the study under subsection (b), the Secretary shall—
19 (1) consult with any Indian tribes that have ju-
20 risdiction over roads eligible for funding under the
21 road maintenance program of the Bureau of Indian
22 Affairs; and
23 (2) solicit and consider the input, comments, and
24 recommendations of the Indian tribes described in
25 paragraph (1).
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1 (d) REPORT.—On completion of the study under sub-
2 section (b), the Secretary, in consultation with the Sec-
3 retary of Transportation, shall submit to the Committees
4 on Indian Affairs and Environment and Public Works of
5 the Senate and the Committees on Natural Resources and
6 Transportation and Infrastructure of the House of Rep-
7 resentatives a report on the results and findings of the
8 study.
9 (e) STATUS REPORT.—Not later than 2 years after the
10 date of enactment of this Act, and not less frequently than
11 every 2 years thereafter, the Secretary, in consultation with
12 the Secretary of Transportation, shall submit to the Com-
13 mittees on Indian Affairs and Environment and Public
14 Works of the Senate and the Committees on Natural Re-
15 sources and Transportation and Infrastructure of the House
16 of Representatives a report that includes a description of—
17 (1) the progress made toward addressing the de-
18 ferred maintenance needs of the roads on Indian land,
19 including a list of projects funded during the fiscal
20 period covered by the report;
21 (2) the outstanding needs of the roads that have
22 been provided funding to address the deferred mainte-
23 nance needs;
24 (3) the remaining needs of any of the projects re-
25 ferred to in paragraph (1);
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1 (4) how the goals described in subsection (b) have
2 been met, including—
3 (A) an identification and assessment of any
4 deficiencies or shortfalls in meeting the goals;
5 and
6 (B) a plan to address the deficiencies or
7 shortfalls in meeting the goals; and
8 (5) any other issues or recommendations pro-
9 vided by an Indian tribe under the consultation and
10 input process under subsection (c) that the Secretary
11 determines to be appropriate.
12 SEC. 14007. MAINTENANCE OF CERTAIN INDIAN RESERVA-
13 TION ROADS.
14 The Commissioner of U.S. Customs and Border Protec-
15 tion may transfer funds to the Director of the Bureau of
16 Indian Affairs to maintain, repair, or reconstruct roads
17 under the jurisdiction of the Director, subject to the condi-
18 tion that the Commissioner and the Director shall mutually
19 agree that the primary user of the subject road is U.S. Cus-
20 toms and Border Protection.
21 SEC. 14008. TRIBAL TRANSPORTATION SAFETY NEEDS.
22 (a) DEFINITIONS.—In this section:
23 (1) ALASKA NATIVE.—The term ‘‘Alaska Native’’
24 has the meaning given the term ‘‘Native’’ in section
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1 3 of the Alaska Native Claims Settlement Act (43
2 U.S.C. 1602).
3 (2) ALASKA NATIVE VILLAGE.—The term ‘‘Alaska
4 Native village’’ has the meaning given the term ‘‘Na-
5 tive village’’ in section 3 of the Alaska Native Claims
6 Settlement Act (43 U.S.C. 1602).
7 (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has
8 the meaning given the term in section 4 of the Indian
9 Self-Determination and Education Assistance Act (25
10 U.S.C. 5304).
11 (b) BEST PRACTICES, STANDARDIZED CRASH REPORT
12 FORM.—
13 (1) IN GENERAL.—Not later than 1 year after
14 the date of enactment of this Act, the Secretary of
15 Transportation, in consultation with the Secretary,
16 Indian tribes, Alaska Native villages, and State de-
17 partments of transportation shall develop—
18 (A) best practices for the compiling, anal-
19 ysis, and sharing of motor vehicle crash data for
20 crashes occurring on Indian reservations and in
21 Alaska Native communities; and
22 (B) a standardized form for use by Indian
23 tribes and Alaska Native communities to carry
24 out those best practices.
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1 (2) PURPOSE.—The purpose of the best practices
2 and standardized form developed under paragraph
3 (1) shall be to improve the quality and quantity of
4 crash data available to and used by the Federal High-
5 way Administration, State departments of transpor-
6 tation, Indian tribes, and Alaska Native villages.
7 (3) REPORT.—On completion of the development
8 of the best practices and standardized form under
9 paragraph (1), the Secretary of Transportation shall
10 submit to the Committees on Indian Affairs and En-
11 vironment and Public Works of the Senate and the
12 Committees on Natural Resources and Transportation
13 and Infrastructure of the House of Representatives a
14 report describing the best practices and standardized
15 form.
16 (c) USE OF IMARS.—The Director of the Bureau of
17 Indian Affairs shall require all law enforcement offices of
18 the Bureau, for the purpose of reporting motor vehicle crash
19 data for crashes occurring on Indian reservations and in
20 Alaska Native communities—
21 (1) to use the crash report form of the applicable
22 State; and
23 (2) to upload the information on that form to the
24 Incident Management Analysis and Reporting Sys-
25 tem (IMARS) of the Department of the Interior.
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1 (d) TRIBAL TRANSPORTATION PROGRAM SAFETY
2 FUNDING.—Section 202(e)(1) of title 23, United States
3 Code, is amended by striking ‘‘2 percent’’ and inserting ‘‘4
4 percent’’.
5 SEC. 14009. OFFICE OF TRIBAL GOVERNMENT AFFAIRS.
6 Section 102 of title 49, United States Code, is amend-
7 ed—
8 (1) in subsection (e)(1)—
9 (A) in the matter preceding subparagraph
10 (A), by striking ‘‘6 Assistant’’ and inserting ‘‘7
11 Assistant’’;
12 (B) in subparagraph (C), by striking ‘‘and’’
13 after the semicolon;
14 (C) by redesignating subparagraph (D) as
15 subparagraph (E); and
16 (D) by inserting after subparagraph (C) the
17 following:
18 ‘‘(D) an Assistant Secretary for Tribal Gov-
19 ernment Affairs, who shall be appointed by the
20 President; and’’; and
21 (2) in subsection (f), by striking the subsection
22 designation and heading and all that follows through
23 the end of paragraph (1) and inserting the following:
24 ‘‘(f) OFFICE OF TRIBAL GOVERNMENT AFFAIRS.—
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1 ‘‘(1) ESTABLISHMENT.—There is established in
2 the Department an Office of Tribal Government Af-
3 fairs, under the Assistant Secretary for Tribal Gov-
4 ernment Affairs—
5 ‘‘(A) to oversee the tribal self-governance
6 program under section 207 of title 23;
7 ‘‘(B) to plan, coordinate, and implement
8 policies and programs serving Indian Tribes and
9 Tribal organizations;
10 ‘‘(C) to coordinate Tribal transportation
11 programs and activities in all offices and ad-
12 ministrations of the Department; and
13 ‘‘(D) to be a participant in any negotiated
14 rulemakings relating to, or having an impact on,
15 projects, programs, or funding associated with
16 the Tribal transportation program under section
17 202 of title 23.’’.
18 DIVISION B—SURFACE TRANS-
19 PORTATION INVESTMENT ACT
20 OF 2021
21 SEC. 20001. SHORT TITLE.
22 This division may be cited as the ‘‘Surface Transpor-
23 tation Investment Act of 2021’’.
24 SEC. 20002. DEFINITIONS.
25 In this division:
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1 (1) DEPARTMENT.—The term ‘‘Department’’
2 means the Department of Transportation.
3 (2) SECRETARY.—The term ‘‘Secretary’’ means
4 the Secretary of Transportation.
5 TITLE I—MULTIMODAL AND
6 FREIGHT TRANSPORTATION
7 Subtitle A—Multimodal Freight
8 Policy
9 SEC. 21101. OFFICE OF MULTIMODAL FREIGHT INFRA-
10 STRUCTURE AND POLICY.
11 (a) IN GENERAL.—Chapter 1 of title 49, United States
12 Code, is amended by adding at the end the following:
13 ‘‘§ 118. Office of Multimodal Freight Infrastructure
14 and Policy
15 ‘‘(a) DEFINITIONS.—In this section:
16 ‘‘(1) DEPARTMENT.—The term ‘Department’
17 means the Department of Transportation.
18 ‘‘(2) FREIGHT OFFICE.—The term ‘Freight Of-
19 fice’ means the Office of Multimodal Freight Infra-
20 structure and Policy established under subsection (b).
21 ‘‘(3) SECRETARY.—The term ‘Secretary’ means
22 the Secretary of Transportation.
23 ‘‘(b) ESTABLISHMENT.—The Secretary shall establish
24 within the Department an Office of Multimodal Freight In-
25 frastructure and Policy.
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1 ‘‘(c) PURPOSES.—The purposes of the Freight Office
2 shall be—
3 ‘‘(1) to carry out the national multimodal freight
4 policy described in section 70101;
5 ‘‘(2) to administer and oversee certain
6 multimodal freight grant programs within the De-
7 partment in accordance with subsection (d);
8 ‘‘(3) to promote and facilitate the sharing of in-
9 formation between the private and public sectors with
10 respect to freight issues;
11 ‘‘(4) to conduct research on improving
12 multimodal freight mobility, and to oversee the freight
13 research activities of the various agencies within the
14 Department;
15 ‘‘(5) to assist cities and States in developing
16 freight mobility and supply chain expertise;
17 ‘‘(6) to liaise and coordinate with other Federal
18 departments and agencies; and
19 ‘‘(7) to carry out other duties, as prescribed by
20 the Secretary.
21 ‘‘(d) ADMINISTRATION OF POLICIES AND PROGRAMS.—
22 The Freight Office shall—
23 ‘‘(1) develop and manage—
24 ‘‘(A) the national freight strategic plan de-
25 scribed in section 70102; and
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1 ‘‘(B) the National Multimodal Freight Net-
2 work established under section 70103;
3 ‘‘(2)(A) oversee the development and updating of
4 the State freight plans described in section 70202;
5 and
6 ‘‘(B) provide guidance or best practices relating
7 to the development and updating of State freight
8 plans under that section;
9 ‘‘(3)(A) administer multimodal freight grant
10 programs, including multimodal freight grants estab-
11 lished under section 117 of title 23; and
12 ‘‘(B) establish procedures for analyzing and eval-
13 uating applications for grants under those programs;
14 ‘‘(4) assist States in the establishment of—
15 ‘‘(A) State freight advisory committees
16 under section 70201; and
17 ‘‘(B) multi-State freight mobility compacts
18 under section 70204; and
19 ‘‘(5) provide to the Bureau of Transportation
20 Statistics input regarding freight data and planning
21 tools.
22 ‘‘(e) ASSISTANT SECRETARY.—
23 ‘‘(1) IN GENERAL.—The Freight Office shall be
24 headed by an Assistant Secretary for Multimodal
25 Freight, who shall—
† HR 3684 EAS
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1 ‘‘(A) be appointed by the President, by and
2 with the advice and consent of the Senate; and
3 ‘‘(B) have professional standing and dem-
4 onstrated knowledge in the field of freight trans-
5 portation.
6 ‘‘(2) DUTIES.—The Assistant Secretary shall—
7 ‘‘(A) report to the Under Secretary of
8 Transportation for Policy;
9 ‘‘(B) be responsible for the management and
10 oversight of the activities, decisions, operations,
11 and personnel of the Freight Office;
12 ‘‘(C) work with the modal administrations
13 of the Department to encourage multimodal col-
14 laboration; and
15 ‘‘(D) carry out such additional duties as the
16 Secretary may prescribe.
17 ‘‘(f) CONSOLIDATION AND ELIMINATION OF DUPLICA-
18 TIVE OFFICES.—
19 ‘‘(1) CONSOLIDATION OF OFFICES AND OFFICE
20 FUNCTIONS.—The Secretary may consolidate into the
21 Freight Office any office or office function within the
22 Department that the Secretary determines has duties,
23 responsibilities, resources, or expertise that support
24 the purposes of the Freight Office.
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1 ‘‘(2) ELIMINATION OF OFFICES.—The Secretary
2 may eliminate any office within the Department if
3 the Secretary determines that—
4 ‘‘(A) the purposes of the office are duplica-
5 tive of the purposes of the Freight Office;
6 ‘‘(B) the office or the functions of the office
7 have been substantially consolidated with the
8 Freight Office pursuant to paragraph (1);
9 ‘‘(C) the elimination of the office will not
10 adversely affect the requirements of the Secretary
11 under any Federal law; and
12 ‘‘(D) the elimination of the office will im-
13 prove the efficiency and effectiveness of the pro-
14 grams and functions conducted by the office.
15 ‘‘(g) STAFFING AND BUDGETARY RESOURCES.—
16 ‘‘(1) IN GENERAL.—The Secretary shall ensure
17 that the Freight Office is adequately staffed and fund-
18 ed.
19 ‘‘(2) STAFFING.—
20 ‘‘(A) TRANSFER OF POSITIONS TO FREIGHT
21 OFFICE.—Subject to subparagraph (B), the Sec-
22 retary may transfer to the Freight Office any po-
23 sition within any other office of the Department
24 if the Secretary determines that the position is
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1 necessary to carry out the purposes of the
2 Freight Office.
3 ‘‘(B) REQUIREMENT.—If the Secretary
4 transfers a position to the Freight Office pursu-
5 ant to subparagraph (A), the Secretary, in co-
6 ordination with the appropriate modal adminis-
7 tration of the Department, shall ensure that the
8 transfer of the position does not adversely affect
9 the requirements of the modal administration
10 under any Federal law.
11 ‘‘(3) BUDGETARY RESOURCES.—
12 ‘‘(A) TRANSFER OF FUNDS FROM CONSOLI-
13 DATED OR ELIMINATED OFFICES.—
14 ‘‘(i) IN GENERAL.—To carry out the
15 purposes of the Freight Office, the Secretary
16 may transfer to the Freight Office from any
17 office or office function that is consolidated
18 or eliminated under subsection (f) any
19 funds allocated for the consolidated or
20 eliminated office or office function.
21 ‘‘(ii) RETRANSFER.—Any portion of
22 any funds or limitations of obligations
23 transferred to the Freight Office pursuant to
24 clause (i) may be transferred back to, and
25 merged with, the original account.
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1 ‘‘(B) TRANSFER OF FUNDS ALLOCATED FOR
2 ADMINISTRATIVE COSTS.—
3 ‘‘(i) IN GENERAL.—The Secretary may
4 transfer to the Freight Office any funds al-
5 located for the administrative costs of the
6 programs referred to in subsection (d)(3).
7 ‘‘(ii) RETRANSFER.—Any portion of
8 any funds or limitations of obligations
9 transferred to the Freight Office pursuant to
10 clause (i) may be transferred back to, and
11 merged with, the original account.
12 ‘‘(h) WEBSITE.—
13 ‘‘(1) DESCRIPTION OF FREIGHT OFFICE.—The
14 Secretary shall make publicly available on the website
15 of the Department a description of the Freight Office,
16 including a description of—
17 ‘‘(A) the programs managed or made avail-
18 able by the Freight Office; and
19 ‘‘(B) the eligibility requirements for those
20 programs.
21 ‘‘(2) CLEARINGHOUSE.—The Secretary may es-
22 tablish a clearinghouse for tools, templates, guidance,
23 and best practices on a page of the website of the De-
24 partment that supports the purposes of this section.
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1 ‘‘(i) NOTIFICATION TO CONGRESS.—Not later than 1
2 year after the date of enactment of this section, and not
3 less frequently than once every 180 days thereafter until the
4 date on which the Secretary determines that the require-
5 ments of this section have been met, the Secretary shall sub-
6 mit to the Committee on Commerce, Science, and Transpor-
7 tation of the Senate and the Committee on Transportation
8 and Infrastructure of the House of Representatives a notifi-
9 cation that—
10 ‘‘(1) describes—
11 ‘‘(A) the programs and activities adminis-
12 tered or overseen by the Freight Office; and
13 ‘‘(B) the status of those programs and ac-
14 tivities;
15 ‘‘(2) identifies—
16 ‘‘(A) the number of employees working in
17 the Freight Office as of the date of the notifica-
18 tion;
19 ‘‘(B) the total number of employees expected
20 to join the Freight Office to support the pro-
21 grams and activities described in paragraph (1);
22 and
23 ‘‘(C) the total number of positions that, as
24 a result of the consolidation of offices under this
25 section, were—
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1 ‘‘(i) eliminated; or
2 ‘‘(ii) transferred, assigned, or joined to
3 the Freight Office;
4 ‘‘(3)(A) indicates whether the Secretary has con-
5 solidated into the Freight Office any office or office
6 function pursuant to subsection (f)(1); and
7 ‘‘(B) if the Secretary has consolidated such an
8 office or function, describes the rationale for the con-
9 solidation;
10 ‘‘(4)(A) indicates whether the Secretary has
11 eliminated any office pursuant to subsection (f)(2);
12 and
13 ‘‘(B) if the Secretary has eliminated such an of-
14 fice, describes the rationale for the elimination;
15 ‘‘(5) describes any other actions carried out by
16 the Secretary to implement this section; and
17 ‘‘(6) describes any recommendations of the Sec-
18 retary for legislation that may be needed to further
19 implement this section.
20 ‘‘(j) SAVINGS PROVISIONS.—
21 ‘‘(1) EFFECT ON OTHER LAW.—Except as other-
22 wise provided in this section, nothing in this section
23 alters or affects any law (including regulations) with
24 respect to a program referred to in subsection (d).
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1 ‘‘(2) EFFECT ON RESPONSIBILITIES OF OTHER
2 AGENCIES.—Except as otherwise provided in this sec-
3 tion, nothing in this section abrogates the responsibil-
4 ities of any agency, operating administration, or of-
5 fice within the Department that is otherwise charged
6 by law (including regulations) with any aspect of
7 program administration, oversight, or project ap-
8 proval or implementation with respect to a program
9 or project subject to the responsibilities of the Freight
10 Office under this section.
11 ‘‘(3) EFFECT ON PENDING APPLICATIONS.—Noth-
12 ing in this section affects any pending application
13 under a program referred to in subsection (d) that
14 was received by the Secretary on or before the date of
15 enactment of the Surface Transportation Investment
16 Act of 2021.
17 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—
18 ‘‘(1) IN GENERAL.—There are authorized to be
19 appropriated to the Secretary such sums as are nec-
20 essary to carry out this section.
21 ‘‘(2) CERTAIN ACTIVITIES.—Authorizations
22 under subsections (f) and (g) are subject to appro-
23 priations.’’.
24 (b) GAO REVIEW.—The Comptroller General of the
25 United States shall—
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1 (1) conduct a review of the activities carried out
2 by the Secretary pursuant to section 118 of title 49,
3 United States Code; and
4 (2) develop recommendations regarding addi-
5 tional activities—
6 (A) to improve the consolidation of duplica-
7 tive functions within the Department; and
8 (B) to promote increased staff efficiency for
9 program management within the Department.
10 (c) CLERICAL AMENDMENT.—The analysis for chapter
11 1 of title 49, United States Code, is amended by inserting
12 after the item relating to section 117 the following:
‘‘118. Office of Multimodal Freight Infrastructure and Policy.’’.
13 (d) CONFORMING AMENDMENTS.—
14 (1) Section 70101(c) of title 49, United States
15 Code, is amended, in the matter preceding paragraph
16 (1), by striking ‘‘Under Secretary of Transportation
17 for Policy’’ and inserting ‘‘Assistant Secretary for
18 Multimodal Freight’’.
19 (2) Section 70102 of title 49, United States
20 Code, is amended—
21 (A) in subsection (a), in the matter pre-
22 ceding paragraph (1), by striking ‘‘Not later’’
23 and all that follows through ‘‘the Under Sec-
24 retary of Transportation for Policy’’ and insert-
25 ing ‘‘The Assistant Secretary for Multimodal
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1 Freight (referred to in this section as the ‘Assist-
2 ant Secretary’)’’;
3 (B) in subsection (b)(4), in the matter pre-
4 ceding subparagraph (A), by striking ‘‘Under
5 Secretary’’ and inserting ‘‘Assistant Secretary’’;
6 (C) in subsection (c), by striking ‘‘Under
7 Secretary’’ and inserting ‘‘Assistant Secretary’’;
8 and
9 (D) in subsection (d), in the matter pre-
10 ceding paragraph (1), by striking ‘‘Under Sec-
11 retary’’ and inserting ‘‘Assistant Secretary’’.
12 (3) Section 70103 of title 49, United States
13 Code, is amended—
14 (A) in subsection (a), in the matter pre-
15 ceding paragraph (1), by striking ‘‘Under Sec-
16 retary of Transportation for Policy’’ and insert-
17 ing ‘‘Assistant Secretary for Multimodal Freight
18 (referred to in this section as the ‘Assistant Sec-
19 retary’)’’;
20 (B) by striking subsection (b);
21 (C) by redesignating subsections (c) and (d)
22 as subsections (b) and (c), respectively;
23 (D) in subsection (b) (as so redesignated)—
24 (i) in the subsection heading, by strik-
25 ing ‘‘FINAL NETWORK’’ and inserting
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1 ‘‘DESIGNATION OF NATIONAL MULTIMODAL
2 FREIGHT NETWORK’’;
3 (ii) in paragraph (1), in the matter
4 preceding subparagraph (A), by striking
5 ‘‘Not later’’ and all that follows through
6 ‘‘Under Secretary’’ and inserting ‘‘The As-
7 sistant Secretary’’;
8 (iii) in paragraph (2), in the matter
9 preceding subparagraph (A), by striking
10 ‘‘Under Secretary’’ and inserting ‘‘Assistant
11 Secretary’’; and
12 (iv) in paragraph (3), in the matter
13 preceding subparagraph (A), by striking
14 ‘‘Under Secretary’’ and inserting ‘‘Assistant
15 Secretary’’; and
16 (E) in subsection (c) (as so redesignated)—
17 (i) by striking ‘‘subsection (c)’’ each
18 place it appears and inserting ‘‘subsection
19 (b)’’; and
20 (ii) by striking ‘‘Under Secretary’’ and
21 inserting ‘‘Assistant Secretary’’.
22 (4) Section 116(d)(1) of title 49, United States
23 Code, is amended by striking subparagraph (D).
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1 SEC. 21102. UPDATES TO NATIONAL FREIGHT PLAN.
2 Section 70102(b) of title 49, United States Code, is
3 amended—
4 (1) in paragraph (10), by striking ‘‘and’’ at the
5 end;
6 (2) in paragraph (11), by striking the period at
7 the end and inserting a semicolon; and
8 (3) by adding at the end the following:
9 ‘‘(12) best practices for reducing environmental
10 impacts of freight movement (including reducing local
11 air pollution from freight movement, stormwater run-
12 off, and wildlife habitat loss resulting from freight fa-
13 cilities, freight vehicles, or freight activity);
14 ‘‘(13) possible strategies to increase the resilience
15 of the freight system, including the ability to antici-
16 pate, prepare for, or adapt to conditions, or with-
17 stand, respond to, or recover rapidly from disrup-
18 tions, including extreme weather and natural disas-
19 ters;
20 ‘‘(14) strategies to promote United States eco-
21 nomic growth and international competitiveness;
22 ‘‘(15) consideration of any potential unique im-
23 pacts of the national freight system on rural and
24 other underserved and historically disadvantaged
25 communities;
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1 ‘‘(16) strategies for decarbonizing freight move-
2 ment, as appropriate; and
3 ‘‘(17) consideration of the impacts of e-commerce
4 on the national multimodal freight system.’’.
5 SEC. 21103. STATE COLLABORATION WITH NATIONAL
6 MULTIMODAL FREIGHT NETWORK.
7 Subsection (b) of section 70103 of title 49, United
8 States Code (as redesignated by section 21101(d)(3)(C)), is
9 amended—
10 (1) in paragraph (3), by striking subparagraph
11 (C) and inserting the following:
12 ‘‘(C) provide to the States an opportunity
13 to submit proposed designations from the States
14 in accordance with paragraph (4).’’; and
15 (2) in paragraph (4)—
16 (A) in subparagraph (C)(i), by striking ‘‘20
17 percent’’ and inserting ‘‘30 percent’’; and
18 (B) by adding at the end the following:
19 ‘‘(E) CONDITION FOR ACCEPTANCE.—The
20 Secretary shall accept from a State a designa-
21 tion under subparagraph (D) only if the Sec-
22 retary determines that the designation meets the
23 applicable requirements of subparagraph (A).’’.
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1 SEC. 21104. IMPROVING STATE FREIGHT PLANS.
2 (a) IN GENERAL.—Section 70202 of title 49, United
3 States Code, is amended—
4 (1) in subsection (b)—
5 (A) in paragraph (9), by striking ‘‘and’’ at
6 the end;
7 (B) by redesignating paragraph (10) as
8 paragraph (17); and
9 (C) by inserting after paragraph (9) the fol-
10 lowing:
11 ‘‘(10) the most recent commercial motor vehicle
12 parking facilities assessment conducted by the State
13 under subsection (f);
14 ‘‘(11) the most recent supply chain cargo flows
15 in the State, expressed by mode of transportation;
16 ‘‘(12) an inventory of commercial ports in the
17 State;
18 ‘‘(13) if applicable, consideration of the findings
19 or recommendations made by any multi-State freight
20 compact to which the State is a party under section
21 70204;
22 ‘‘(14) the impacts of e-commerce on freight infra-
23 structure in the State;
24 ‘‘(15) considerations of military freight;
25 ‘‘(16) strategies and goals to decrease—
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1 ‘‘(A) the severity of impacts of extreme
2 weather and natural disasters on freight mobil-
3 ity;
4 ‘‘(B) the impacts of freight movement on
5 local air pollution;
6 ‘‘(C) the impacts of freight movement on
7 flooding and stormwater runoff; and
8 ‘‘(D) the impacts of freight movement on
9 wildlife habitat loss; and’’; and
10 (2) by adding at the end the following:
11 ‘‘(f) COMMERCIAL MOTOR VEHICLE PARKING FACILI-
12 TIES ASSESSMENTS.—As part of the development or updat-
13 ing, as applicable, of a State freight plan under this section,
14 each State that receives funding under section 167 of title
15 23, in consultation with relevant State motor carrier safety
16 personnel, shall conduct an assessment of—
17 ‘‘(1) the capability of the State, together with the
18 private sector in the State, to provide adequate park-
19 ing facilities and rest facilities for commercial motor
20 vehicles engaged in interstate transportation;
21 ‘‘(2) the volume of commercial motor vehicle traf-
22 fic in the State; and
23 ‘‘(3) whether there exist any areas within the
24 State with a shortage of adequate commercial motor
25 vehicle parking facilities, including an analysis (eco-
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1 nomic or otherwise, as the State determines to be ap-
2 propriate) of the underlying causes of such a shortage.
3 ‘‘(g) PRIORITY.—Each State freight plan under this
4 section shall include a requirement that the State, in car-
5 rying out activities under the State freight plan—
6 ‘‘(1) enhance reliability or redundancy of freight
7 transportation; or
8 ‘‘(2) incorporate the ability to rapidly restore ac-
9 cess and reliability with respect to freight transpor-
10 tation.
11 ‘‘(h) APPROVAL.—
12 ‘‘(1) IN GENERAL.—The Secretary of Transpor-
13 tation shall approve a State freight plan described in
14 subsection (a) if the plan achieves compliance with
15 the requirements of this section.
16 ‘‘(2) SAVINGS PROVISION.—Nothing in this sub-
17 section establishes new procedural requirements for
18 the approval of a State freight plan described in sub-
19 section (a).’’.
20 (b) STUDIES.—For the purpose of facilitating the inte-
21 gration of intelligent transportation systems into the freight
22 transportation network powered by electricity, the Sec-
23 retary, acting through the Assistant Secretary for
24 Multimodal Freight, shall conduct a study relating to—
† HR 3684 EAS
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1 (1) preparing to supply power to applicable elec-
2 trical freight infrastructure; and
3 (2) safely integrating freight into intelligent
4 transportation systems.
5 (c) ALIGNMENT OF TRANSPORTATION PLANNING.—
6 Section 70202 of title 49, United States Code, is amended—
7 (1) in subsection (d), by striking ‘‘5-year’’ and
8 inserting ‘‘8-year’’; and
9 (2) in subsection (e)(1), by striking ‘‘5 years’’
10 and inserting ‘‘4 years’’.
11 SEC. 21105. IMPLEMENTATION OF NATIONAL MULTIMODAL
12 FREIGHT NETWORK.
13 Not later than 30 days after the date of enactment of
14 this Act, the Secretary shall submit to the Committee on
15 Commerce, Science, and Transportation of the Senate and
16 the Committee on Transportation and Infrastructure of the
17 House of Representatives a report that—
18 (1) describes the status of the designation of the
19 final National Multimodal Freight Network required
20 under section 70103 of title 49, United States Code;
21 (2) explains the reasons why the designation of
22 the network referred to in paragraph (1) has not been
23 finalized, if applicable; and
24 (3) estimates the date by which that network will
25 be designated.
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1 SEC. 21106. MULTI-STATE FREIGHT CORRIDOR PLANNING.
2 (a) IN GENERAL.—Chapter 702 of title 49, United
3 States Code, is amended—
4 (1) by redesignating section 70204 as section
5 70206; and
6 (2) by inserting after section 70203 the fol-
7 lowing:
8 ‘‘§ 70204. Multi-State freight corridor planning
9 ‘‘(a) CONSENT TO MULTI-STATE FREIGHT MOBILITY
10 COMPACTS.—Congress recognizes the right of States, cities,
11 regional planning organizations, federally recognized In-
12 dian Tribes, and local public authorities (including public
13 port authorities) that are regionally linked with an interest
14 in a specific nationally or regionally significant multi-
15 State freight corridor to enter into multi-State compacts to
16 promote the improved mobility of goods, including—
17 ‘‘(1) identifying projects along the corridor that
18 benefit multiple States;
19 ‘‘(2) assembling rights-of-way; and
20 ‘‘(3) performing capital improvements.
21 ‘‘(b) FINANCING.—A multi-State freight compact es-
22 tablished by entities under subsection (a) may provide that,
23 in order to carry out the compact, the relevant States or
24 other entities may—
25 ‘‘(1) accept contributions from a unit of State or
26 local government;
† HR 3684 EAS
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1 ‘‘(2) use any Federal or State funds made avail-
2 able for freight mobility infrastructure planning or
3 construction, including applying for grants;
4 ‘‘(3) subject to such terms and conditions as the
5 States consider to be advisable—
6 ‘‘(A) borrow money on a short-term basis;
7 and
8 ‘‘(B) issue—
9 ‘‘(i) notes for borrowing under sub-
10 paragraph (A); and
11 ‘‘(ii) bonds; and
12 ‘‘(4) obtain financing by other means permitted
13 under applicable Federal or State law.
14 ‘‘(c) ADVISORY COMMITTEES.—
15 ‘‘(1) IN GENERAL.—A multi-State freight com-
16 pact under this section may establish a multi-State
17 freight corridor advisory committee, which shall in-
18 clude representatives of State departments of trans-
19 portation and other public and private sector entities
20 with an interest in freight mobility, such as—
21 ‘‘(A) ports;
22 ‘‘(B) freight railroads;
23 ‘‘(C) shippers;
24 ‘‘(D) carriers;
25 ‘‘(E) freight-related associations;
† HR 3684 EAS
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1 ‘‘(F) third-party logistics providers;
2 ‘‘(G) the freight industry workforce;
3 ‘‘(H) environmental organizations;
4 ‘‘(I) community organizations; and
5 ‘‘(J) units of local government.
6 ‘‘(2) ACTIVITIES.—An advisory committee estab-
7 lished under paragraph (1) may—
8 ‘‘(A) advise the parties to the applicable
9 multi-State freight compact with respect to
10 freight-related priorities, issues, projects, and
11 funding needs that impact multi-State—
12 ‘‘(i) freight mobility; and
13 ‘‘(ii) supply chains;
14 ‘‘(B) serve as a forum for States, Indian
15 Tribes, and other public entities to discuss deci-
16 sions affecting freight mobility;
17 ‘‘(C) communicate and coordinate multi-
18 State freight priorities with other organizations;
19 ‘‘(D) promote the sharing of information be-
20 tween the private and public sectors with respect
21 to freight issues; and
22 ‘‘(E) provide information for consideration
23 in the development of State freight plans under
24 section 70202.
25 ‘‘(d) GRANTS.—
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1 ‘‘(1) ESTABLISHMENT.—The Secretary of Trans-
2 portation (referred to in this section as the ‘Sec-
3 retary’) shall establish a program under which the
4 Secretary shall provide grants to multi-State freight
5 compacts, or States seeking to form a multi-State
6 freight compact, that seek to improve a route or cor-
7 ridor that is a part of the National Multimodal
8 Freight Network established under section 70103.
9 ‘‘(2) NEW COMPACTS.—
10 ‘‘(A) IN GENERAL.—To incentivize the es-
11 tablishment of multi-State freight compacts, the
12 Secretary may award a grant for operations
13 costs in an amount of not more than $2,000,000
14 to—
15 ‘‘(i) a multi-State freight compact es-
16 tablished under subsection (a) during the 2-
17 year period beginning on the date of estab-
18 lishment of the multi-State freight compact;
19 or
20 ‘‘(ii) States seeking to form a multi-
21 State freight compact described in that sub-
22 section.
23 ‘‘(B) ELIGIBILITY.—
24 ‘‘(i) NEW MULTI-STATE FREIGHT COM-
25 PACTS.—A multi-State freight compact
† HR 3684 EAS
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1 shall be eligible for a grant under this para-
2 graph only during the initial 2 years of op-
3 eration of the compact.
4 ‘‘(ii) STATES SEEKING TO FORM A
5 COMPACT.—States seeking to form a multi-
6 State freight compact shall be eligible for a
7 grant under this paragraph during—
8 ‘‘(I) the 2-year period beginning
9 on the date on which an application
10 for a grant under this paragraph with
11 respect to the proposed compact is sub-
12 mitted to the Secretary; or
13 ‘‘(II) if the compact is formed be-
14 fore the date on which a grant under
15 this paragraph is awarded in accord-
16 ance with subclause (I), the initial 2
17 years of operation of the compact.
18 ‘‘(C) REQUIREMENTS.—To be eligible to re-
19 ceive a grant under this paragraph, a multi-
20 State freight compact or the applicable States
21 seeking to form a multi-State freight compact
22 shall—
23 ‘‘(i) submit to the Secretary an appli-
24 cation at such time, in such manner, and
† HR 3684 EAS
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1 containing such information as the Sec-
2 retary may require;
3 ‘‘(ii) provide a non-Federal match
4 equal to not less than 25 percent of the op-
5 erating costs of the multi-State freight com-
6 pact; and
7 ‘‘(iii) commit to establishing a multi-
8 State freight corridor advisory committee
9 under subsection (c)(1) during the initial 2-
10 year period of operation of the compact.
11 ‘‘(3) EXISTING COMPACTS.—
12 ‘‘(A) IN GENERAL.—The Secretary may
13 award a grant to multi-State freight compacts
14 that are not eligible to receive a grant under
15 paragraph (2) for operations costs in an amount
16 of not more than $1,000,000.
17 ‘‘(B) REQUIREMENTS.—To be eligible to re-
18 ceive a grant under this paragraph, a multi-
19 State freight compact shall—
20 ‘‘(i) submit to the Secretary an appli-
21 cation at such time, in such manner, and
22 containing such information as the Sec-
23 retary may require;
† HR 3684 EAS
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1 ‘‘(ii) provide a non-Federal match of
2 not less than 50 percent of the operating
3 costs of the compact; and
4 ‘‘(iii) demonstrate that the compact
5 has established a multi-State freight cor-
6 ridor advisory committee under subsection
7 (c)(1).
8 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—
9 There is authorized to be appropriated to the Sec-
10 retary $5,000,000 for each fiscal year to carry out
11 this subsection.’’.
12 (b) CLERICAL AMENDMENT.—The analysis for chapter
13 702 of title 49, United States Code, is amended by striking
14 the item relating to section 70204 and inserting the fol-
15 lowing:
‘‘70204. Multi-State freight corridor planning.
‘‘70206. Savings provision.’’.
16 SEC. 21107. STATE FREIGHT ADVISORY COMMITTEES.
17 Section 70201 of title 49, United States Code, is
18 amended—
19 (1) in subsection (a), by striking ‘‘representatives
20 of ports, freight railroads,’’ and all that follows
21 through the period at the end and inserting the fol-
22 lowing: ‘‘representatives of—
23 ‘‘(1) ports, if applicable;
24 ‘‘(2) freight railroads, if applicable;
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1 ‘‘(3) shippers;
2 ‘‘(4) carriers;
3 ‘‘(5) freight-related associations;
4 ‘‘(6) third-party logistics providers;
5 ‘‘(7) the freight industry workforce;
6 ‘‘(8) the transportation department of the State;
7 ‘‘(9) metropolitan planning organizations;
8 ‘‘(10) local governments;
9 ‘‘(11) the environmental protection department
10 of the State, if applicable;
11 ‘‘(12) the air resources board of the State, if ap-
12 plicable;
13 ‘‘(13) economic development agencies of the
14 State; and
15 ‘‘(14) not-for-profit organizations or community
16 organizations.’’;
17 (2) in subsection (b)(5), by striking ‘‘70202.’’
18 and inserting ‘‘70202, including by providing advice
19 regarding the development of the freight investment
20 plan.’’;
21 (3) by redesignating subsection (b) as subsection
22 (c); and
23 (4) by inserting after subsection (a) the fol-
24 lowing:
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1 ‘‘(b) QUALIFICATIONS.—Each member of a freight ad-
2 visory committee established under subsection (a) shall have
3 qualifications sufficient to serve on a freight advisory com-
4 mittee, including, as applicable—
5 ‘‘(1) general business and financial experience;
6 ‘‘(2) experience or qualifications in the areas of
7 freight transportation and logistics;
8 ‘‘(3) experience in transportation planning;
9 ‘‘(4) experience representing employees of the
10 freight industry;
11 ‘‘(5) experience representing a State, local gov-
12 ernment, or metropolitan planning organization; or
13 ‘‘(6) experience representing the views of a com-
14 munity group or not-for-profit organization.’’.
15 Subtitle B—Multimodal Investment
16 SEC. 21201. NATIONAL INFRASTRUCTURE PROJECT ASSIST-
17 ANCE.
18 Subtitle III of title 49, United States Code, is amended
19 by adding at the end the following:
20 ‘‘CHAPTER 67—MULTIMODAL
21 INFRASTRUCTURE INVESTMENTS
‘‘6701. National infrastructure project assistance.
‘‘6702. Local and regional project assistance.
22 ‘‘§ 6701. National infrastructure project assistance
23 ‘‘(a) DEFINITIONS.—In this section:
† HR 3684 EAS
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1 ‘‘(1) DEPARTMENT.—The term ‘Department’
2 means the Department of Transportation.
3 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible enti-
4 ty’ means—
5 ‘‘(A) a State or a group of States;
6 ‘‘(B) a metropolitan planning organization;
7 ‘‘(C) a unit of local government;
8 ‘‘(D) a political subdivision of a State;
9 ‘‘(E) a special purpose district or public
10 authority with a transportation function, includ-
11 ing a port authority;
12 ‘‘(F) a Tribal government or a consortium
13 of Tribal governments;
14 ‘‘(G) a partnership between Amtrak and 1
15 or more entities described in subparagraphs (A)
16 through (F); and
17 ‘‘(H) a group of entities described in any of
18 subparagraphs (A) through (G).
19 ‘‘(3) PROGRAM.—The term ‘program’ means the
20 program established by subsection (b).
21 ‘‘(4) SECRETARY.—The term ‘Secretary’ means
22 the Secretary of Transportation.
23 ‘‘(5) STATE.—The term ‘State’ means—
24 ‘‘(A) any of the several States;
25 ‘‘(B) the District of Columbia;
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1 ‘‘(C) the Commonwealth of Puerto Rico;
2 ‘‘(D) the Commonwealth of the Northern
3 Mariana Islands;
4 ‘‘(E) the United States Virgin Islands;
5 ‘‘(F) Guam;
6 ‘‘(G) American Samoa; and
7 ‘‘(H) any other territory or possession of the
8 United States.
9 ‘‘(b) ESTABLISHMENT.—There is established a pro-
10 gram under which the Secretary shall provide to eligible
11 entities grants, on a competitive basis pursuant to single-
12 year or multiyear grant agreements, for projects described
13 in subsection (d).
14 ‘‘(c) APPLICATIONS.—
15 ‘‘(1) IN GENERAL.—To be eligible for a grant
16 under the program, an eligible entity shall submit to
17 the Secretary an application at such time, in such
18 manner, and containing such information as the Sec-
19 retary determines to be appropriate.
20 ‘‘(2) PLAN FOR DATA COLLECTION.—An applica-
21 tion under paragraph (1) shall include a plan for
22 data collection and analysis described in subsection
23 (g).
24 ‘‘(d) ELIGIBLE PROJECTS.—The Secretary may pro-
25 vide a grant under the program only for a project—
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1 ‘‘(1) that is—
2 ‘‘(A) a highway or bridge project carried
3 out on—
4 ‘‘(i) the National Multimodal Freight
5 Network established under section 70103;
6 ‘‘(ii) the National Highway Freight
7 Network established under section 167 of
8 title 23; or
9 ‘‘(iii) the National Highway System
10 (as defined in section 101(a) of title 23);
11 ‘‘(B) a freight intermodal (including public
12 ports) or freight rail project that provides a pub-
13 lic benefit;
14 ‘‘(C) a railway-highway grade separation
15 or elimination project;
16 ‘‘(D) an intercity passenger rail project;
17 ‘‘(E) a public transportation project that
18 is—
19 ‘‘(i) eligible for assistance under chap-
20 ter 53; and
21 ‘‘(ii) part of a project described in any
22 of subparagraphs (A) through (D); or
23 ‘‘(F) a grouping, combination, or program
24 of interrelated, connected, or dependent projects
† HR 3684 EAS
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1 of any of the projects described in subparagraphs
2 (A) through (E); and
3 ‘‘(2) the eligible project costs of which are—
4 ‘‘(A) reasonably anticipated to equal or ex-
5 ceed $500,000,000; or
6 ‘‘(B) for any project funded by the set-aside
7 under subsection (m)(2)—
8 ‘‘(i) more than $100,000,000; but
9 ‘‘(ii) less than $500,000,000.
10 ‘‘(e) GEOGRAPHICAL DISTRIBUTION.—In providing
11 grants under this section, the Secretary shall ensure among
12 grant recipients—
13 ‘‘(1) geographical diversity; and
14 ‘‘(2) a balance between rural and urban commu-
15 nities.
16 ‘‘(f) PROJECT EVALUATION AND SELECTION.—
17 ‘‘(1) REQUIREMENTS.—The Secretary may select
18 a project described in subsection (d) to receive a grant
19 under the program only if the Secretary determines
20 that—
21 ‘‘(A) the project is likely to generate na-
22 tional or regional economic, mobility, or safety
23 benefits;
24 ‘‘(B) the project is in need of significant
25 Federal funding;
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1 ‘‘(C) the project will be cost-effective;
2 ‘‘(D) with respect to related non-Federal fi-
3 nancial commitments, 1 or more stable and de-
4 pendable sources of funding and financing are
5 available—
6 ‘‘(i) to construct, operate, and main-
7 tain the project; and
8 ‘‘(ii) to cover cost increases; and
9 ‘‘(E) the applicant has, or will have, suffi-
10 cient legal, financial, and technical capacity to
11 carry out the project.
12 ‘‘(2) EVALUATION CRITERIA.—In awarding a
13 grant under the program, the Secretary shall evalu-
14 ate—
15 ‘‘(A) the extent to which a project supports
16 achieving a state of good repair for each existing
17 asset to be improved by the project;
18 ‘‘(B) the level of benefits a project is ex-
19 pected to generate, including—
20 ‘‘(i) the costs avoided by the prevention
21 of closure or reduced use of the asset to be
22 improved by the project;
23 ‘‘(ii) reductions in maintenance costs
24 over the life of the applicable asset;
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1 ‘‘(iii) safety benefits, including the re-
2 duction of serious injuries and fatalities
3 and related costs;
4 ‘‘(iv) improved person or freight
5 throughput, including improved mobility
6 and reliability; and
7 ‘‘(v) environmental benefits and health
8 impacts, such as—
9 ‘‘(I) reductions in greenhouse gas
10 emissions;
11 ‘‘(II) air quality benefits;
12 ‘‘(III) preventing stormwater run-
13 off that would be a detriment to aquat-
14 ic species; and
15 ‘‘(IV) improved infrastructure re-
16 silience;
17 ‘‘(C) the benefits of the project, as compared
18 to the costs of the project;
19 ‘‘(D) the number of persons or volume of
20 freight, as applicable, supported by the project;
21 and
22 ‘‘(E) national and regional economic bene-
23 fits of the project, including with respect to
24 short- and long-term job access, growth, or cre-
25 ation.
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1 ‘‘(3) ADDITIONAL CONSIDERATIONS.—In selecting
2 projects to receive grants under the program, the Sec-
3 retary shall take into consideration—
4 ‘‘(A) contributions to geographical diversity
5 among grant recipients, including a balance be-
6 tween the needs of rural and urban communities;
7 ‘‘(B) whether multiple States would benefit
8 from a project;
9 ‘‘(C) whether, and the degree to which, a
10 project uses—
11 ‘‘(i) construction materials or ap-
12 proaches that have—
13 ‘‘(I) demonstrated reductions in
14 greenhouse gas emissions; or
15 ‘‘(II) reduced the need for mainte-
16 nance of other projects; or
17 ‘‘(ii) technologies that will allow for fu-
18 ture connectivity and automation;
19 ‘‘(D) whether a project would benefit—
20 ‘‘(i) a historically disadvantaged com-
21 munity or population; or
22 ‘‘(ii) an area of persistent poverty;
23 ‘‘(E) whether a project benefits users of mul-
24 tiple modes of transportation, including—
25 ‘‘(i) pedestrians;
† HR 3684 EAS
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1 ‘‘(ii) bicyclists; and
2 ‘‘(iii) users of nonvehicular rail and
3 public transportation, including intercity
4 and commuter rail; and
5 ‘‘(F) whether a project improves
6 connectivity between modes of transportation
7 moving persons or goods nationally or region-
8 ally.
9 ‘‘(4) RATINGS.—
10 ‘‘(A) IN GENERAL.—In evaluating applica-
11 tions for a grant under the program, the Sec-
12 retary shall assign the project proposed in the
13 application a rating described in subparagraph
14 (B), based on the information contained in the
15 applicable notice published under paragraph (5).
16 ‘‘(B) RATINGS.—
17 ‘‘(i) HIGHLY RECOMMENDED.—The
18 Secretary shall assign a rating of ‘highly
19 recommended’ to projects that, in the deter-
20 mination of the Secretary—
21 ‘‘(I) are exemplary projects of na-
22 tional or regional significance; and
23 ‘‘(II) would provide significant
24 public benefit, as determined based on
25 the applicable criteria described in this
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1 subsection, if funded under the pro-
2 gram.
3 ‘‘(ii) RECOMMENDED.—The Secretary
4 shall assign a rating of ‘recommended’ to
5 projects that, in the determination of the
6 Secretary—
7 ‘‘(I) are of national or regional
8 significance; and
9 ‘‘(II) would provide public benefit,
10 as determined based on the applicable
11 criteria described in this subsection, if
12 funded under the program.
13 ‘‘(iii) NOT RECOMMENDED.—The Sec-
14 retary shall assign a rating of ‘not rec-
15 ommended’ to projects that, in the deter-
16 mination of the Secretary, should not re-
17 ceive a grant under the program, based on
18 the applicable criteria described in this sub-
19 section.
20 ‘‘(C) TECHNICAL ASSISTANCE.—
21 ‘‘(i) IN GENERAL.—On request of an
22 eligible entity that submitted an application
23 under subsection (c) for a project that is not
24 selected to receive a grant under the pro-
25 gram, the Secretary shall provide to the eli-
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1 gible entity technical assistance and brief-
2 ings relating to the project.
3 ‘‘(ii) TREATMENT.—Technical assist-
4 ance provided under this subparagraph
5 shall not be considered a guarantee of future
6 selection of the applicable project under the
7 program.
8 ‘‘(5) PUBLICATION OF PROJECT EVALUATION AND
9 SELECTION CRITERIA.—Not later than 90 days after
10 the date of enactment of this chapter, the Secretary
11 shall publish and make publicly available on the
12 website of the Department a notice that contains a de-
13 tailed explanation of—
14 ‘‘(A) the method by which the Secretary will
15 determine whether a project satisfies the applica-
16 ble requirements described in paragraph (1);
17 ‘‘(B) any additional ratings the Secretary
18 may assign to determine the means by which a
19 project addresses the selection criteria and addi-
20 tional considerations described in paragraphs (2)
21 and (3); and
22 ‘‘(C) the means by which the project re-
23 quirements and ratings referred to in subpara-
24 graphs (A) and (B) will be used to assign an
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1 overall rating for the project under paragraph
2 (4).
3 ‘‘(6) PROJECT SELECTION PRIORITY.—In award-
4 ing grants under the program, the Secretary shall
5 give priority to projects to which the Secretary has
6 assigned a rating of ‘highly recommended’ under
7 paragraph (4)(B)(i).
8 ‘‘(g) DATA COLLECTION AND ANALYSIS.—
9 ‘‘(1) PLAN.—
10 ‘‘(A) IN GENERAL.—An eligible entity seek-
11 ing a grant under the program shall submit to
12 the Secretary, together with the grant applica-
13 tion, a plan for the collection and analysis of
14 data to identify in accordance with the frame-
15 work established under paragraph (2)—
16 ‘‘(i) the impacts of the project; and
17 ‘‘(ii) the accuracy of any forecast pre-
18 pared during the development phase of the
19 project and included in the grant applica-
20 tion.
21 ‘‘(B) CONTENTS.—A plan under subpara-
22 graph (A) shall include—
23 ‘‘(i) an approach to measuring—
24 ‘‘(I) the criteria described in sub-
25 section (f)(2); and
† HR 3684 EAS
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1 ‘‘(II) if applicable, the additional
2 requirements described in subsection
3 (f)(3);
4 ‘‘(ii) an approach for analyzing the
5 consistency of predicted project characteris-
6 tics with actual outcomes; and
7 ‘‘(iii) any other elements that the Sec-
8 retary determines to be necessary.
9 ‘‘(2) FRAMEWORK.—The Secretary may publish
10 a standardized framework for the contents of the
11 plans under paragraph (1), which may include, as
12 appropriate—
13 ‘‘(A) standardized forecasting and measure-
14 ment approaches;
15 ‘‘(B) data storage system requirements; and
16 ‘‘(C) any other requirements the Secretary
17 determines to be necessary to carry out this sec-
18 tion.
19 ‘‘(3) MULTIYEAR GRANT AGREEMENTS.—The
20 Secretary shall require an eligible entity, as a condi-
21 tion of receiving funding pursuant to a multiyear
22 grant agreement under the program, to collect addi-
23 tional data to measure the impacts of the project and
24 to accurately track improvements made by the project,
† HR 3684 EAS
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1 in accordance with a plan described in paragraph
2 (1).
3 ‘‘(4) REPORTS.—
4 ‘‘(A) PROJECT BASELINE.—Before the date
5 of completion of a project for which a grant is
6 provided under the program, the eligible entity
7 carrying out the project shall submit to the Sec-
8 retary a report providing baseline data for the
9 purpose of analyzing the long-term impact of the
10 project in accordance with the framework estab-
11 lished under paragraph (2).
12 ‘‘(B) UPDATED REPORT.—Not later than 6
13 years after the date of completion of a project for
14 which a grant is provided under the program,
15 the eligible entity carrying out the project shall
16 submit to the Secretary a report that compares
17 the baseline data included in the report under
18 subparagraph (A) to project data collected dur-
19 ing the period—
20 ‘‘(i) beginning on the date that is 5
21 years after the date of completion of the
22 project; and
23 ‘‘(ii) ending on the date on which the
24 updated report is submitted.
25 ‘‘(h) ELIGIBLE PROJECT COSTS.—
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1 ‘‘(1) IN GENERAL.—An eligible entity may use a
2 grant provided under the program for—
3 ‘‘(A) development-phase activities and costs,
4 including planning, feasibility analysis, revenue
5 forecasting, alternatives analysis, data collection
6 and analysis, environmental review and activi-
7 ties to support environmental review, prelimi-
8 nary engineering and design work, and other
9 preconstruction activities, including the prepara-
10 tion of a data collection and post-construction
11 analysis plan under subsection (g); and
12 ‘‘(B) construction, reconstruction, rehabili-
13 tation, acquisition of real property (including
14 land relating to the project and improvements to
15 that land), environmental mitigation (including
16 projects to replace or rehabilitate culverts or re-
17 duce stormwater runoff for the purpose of im-
18 proving habitat for aquatic species), construction
19 contingencies, acquisition of equipment, protec-
20 tion, and operational improvements directly re-
21 lating to the project.
22 ‘‘(2) INTEREST AND OTHER FINANCING COSTS.—
23 The interest and other financing costs of carrying out
24 any part of a project under a multiyear grant agree-
25 ment within a reasonable period of time shall be con-
† HR 3684 EAS
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1 sidered to be an eligible project cost only if the appli-
2 cable eligible entity certifies to the Secretary that the
3 eligible entity has demonstrated reasonable diligence
4 in seeking the most favorable financing terms.
5 ‘‘(i) COST SHARING.—
6 ‘‘(1) IN GENERAL.—The total amount awarded
7 for a project under the program may not exceed 60
8 percent of the total eligible project costs described in
9 subsection (h).
10 ‘‘(2) MAXIMUM FEDERAL INVOLVEMENT.—
11 ‘‘(A) IN GENERAL.—Subject to subpara-
12 graph (B), Federal assistance other than a grant
13 awarded under the program may be provided for
14 a project for which a grant is awarded under the
15 program.
16 ‘‘(B) LIMITATION.—The total amount of
17 Federal assistance provided for a project for
18 which a grant is awarded under the program
19 shall not exceed 80 percent of the total cost of the
20 project.
21 ‘‘(C) NON-FEDERAL SHARE.—Secured loans
22 or financing provided under section 603 of title
23 23 or section 22402 of this title and repaid with
24 local funds or revenues shall be considered to be
25 part of the local share of the cost of a project.
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1 ‘‘(3) APPLICATION TO MULTIYEAR AGREE-
2 MENTS.—Notwithstanding any other provision of this
3 title, in any case in which amounts are provided
4 under the program pursuant to a multiyear agree-
5 ment, the disbursed Federal share of the cost of the
6 project may exceed the limitations described in para-
7 graphs (1) and (2)(B) for 1 or more years if the total
8 amount of the Federal share of the cost of the project,
9 once completed, does not exceed those limitations.
10 ‘‘(j) GRANT AGREEMENTS.—
11 ‘‘(1) IN GENERAL.—A project for which an eligi-
12 ble entity receives a multiyear grant under the pro-
13 gram shall be carried out in accordance with this sub-
14 section.
15 ‘‘(2) TERMS.—A multiyear grant agreement
16 under this subsection shall—
17 ‘‘(A) establish the terms of Federal partici-
18 pation in the applicable project;
19 ‘‘(B) establish the maximum amount of
20 Federal financial assistance for the project;
21 ‘‘(C) establish a schedule of anticipated Fed-
22 eral obligations for the project that provides for
23 obligation of the full grant amount;
24 ‘‘(D) describe the period of time for com-
25 pleting the project, regardless of whether that pe-
† HR 3684 EAS
628
1 riod extends beyond the period of an authoriza-
2 tion; and
3 ‘‘(E) facilitate timely and efficient manage-
4 ment of the applicable project by the eligible en-
5 tity carrying out the project, in accordance with
6 applicable law.
7 ‘‘(3) SPECIAL RULES.—
8 ‘‘(A) IN GENERAL.—A multiyear grant
9 agreement under this subsection—
10 ‘‘(i) shall provide for the obligation of
11 an amount of available budget authority
12 specified in law;
13 ‘‘(ii) may include a commitment, con-
14 tingent on amounts to be specified in law in
15 advance for commitments under this para-
16 graph, to obligate an additional amount
17 from future available budget authority spec-
18 ified in law; and
19 ‘‘(iii) shall provide that any funds dis-
20 bursed under the program for the project be-
21 fore the completion of any review required
22 under the National Environmental Policy
23 Act of 1969 (42 U.S.C. 4321 et seq.) may
24 only cover costs associated with develop-
† HR 3684 EAS
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1 ment-phase activities described in subsection
2 (h)(1)(A).
3 ‘‘(B) CONTINGENT COMMITMENT.—A contin-
4 gent commitment under this paragraph is not an
5 obligation of the Federal Government, including
6 for purposes of section 1501 of title 31.
7 ‘‘(4) SINGLE-YEAR GRANTS.—The Secretary may
8 only provide to an eligible entity a full grant under
9 the program in a single year if all reviews required
10 under the National Environmental Policy Act of 1969
11 (42 U.S.C. 4321 et seq.) with respect to the applicable
12 project have been completed before the receipt of any
13 program funds.
14 ‘‘(k) CONGRESSIONAL NOTIFICATION.—
15 ‘‘(1) IN GENERAL.—Not later than 30 days be-
16 fore the date on which the Secretary publishes the se-
17 lection of projects to receive grants under the pro-
18 gram, the Secretary shall submit to the Committee on
19 Commerce, Science, and Transportation of the Senate
20 and the Committee on Transportation and Infrastruc-
21 ture of the House of Representatives a written notice
22 that includes—
23 ‘‘(A) a list of all project applications re-
24 viewed by the Secretary as part of the selection
25 process;
† HR 3684 EAS
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1 ‘‘(B) the rating assigned to each project
2 under subsection (f)(4);
3 ‘‘(C) an evaluation and justification with
4 respect to each project for which the Secretary
5 will—
6 ‘‘(i) provide a grant under the pro-
7 gram; and
8 ‘‘(ii) enter into a multiyear grant
9 agreement under the program;
10 ‘‘(D) a description of the means by which
11 the Secretary anticipates allocating among se-
12 lected projects the amounts made available to the
13 Secretary to carry out the program; and
14 ‘‘(E) anticipated funding levels required for
15 the 3 fiscal years beginning after the date of sub-
16 mission of the notice for projects selected for
17 grants under the program, based on information
18 available to the Secretary as of that date.
19 ‘‘(2) CONGRESSIONAL DISAPPROVAL.—The Sec-
20 retary may not provide a grant or any other obliga-
21 tion or commitment to fund a project under the pro-
22 gram if a joint resolution is enacted disapproving
23 funding for the project before the last day of the 30-
24 day period described in paragraph (1).
25 ‘‘(l) REPORTS.—
† HR 3684 EAS
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1 ‘‘(1) TRANSPARENCY.—Not later than 60 days
2 after the date on which the grants are announced
3 under the program, the Secretary shall publish on the
4 website of the Department a report that includes—
5 ‘‘(A) a list of all project applications re-
6 viewed by the Secretary as part of the selection
7 process under the program;
8 ‘‘(B) the rating assigned to each project
9 under subsection (f)(4); and
10 ‘‘(C) a description of each project for which
11 a grant has been provided under the program.
12 ‘‘(2) COMPTROLLER GENERAL.—
13 ‘‘(A) ASSESSMENT.—The Comptroller Gen-
14 eral of the United States shall conduct an assess-
15 ment of the administrative establishment, solici-
16 tation, selection, and justification process with
17 respect to the funding of grants under the pro-
18 gram.
19 ‘‘(B) REPORT.—Not later than 18 months
20 after the date on which the initial grants are
21 awarded for projects under the program, the
22 Comptroller General shall submit to the Com-
23 mittee on Commerce, Science, and Transpor-
24 tation of the Senate and the Committee on
25 Transportation and Infrastructure of the House
† HR 3684 EAS
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1 of Representatives a report that describes, as ap-
2 plicable—
3 ‘‘(i) the adequacy and fairness of the
4 process by which the projects were selected;
5 and
6 ‘‘(ii) the justification and criteria used
7 for the selection of the projects.
8 ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—
9 ‘‘(1) IN GENERAL.—There is authorized to be ap-
10 propriated to the Secretary to carry out the program
11 $2,000,000,000 for each of fiscal years 2022 through
12 2026.
13 ‘‘(2) OTHER PROJECTS.—Of the amounts made
14 available under paragraph (1), 50 percent shall be set
15 aside for projects that have a project cost of—
16 ‘‘(A) more than $100,000,000; but
17 ‘‘(B) less than $500,000,000.
18 ‘‘(3) ADMINISTRATIVE EXPENSES.—Of the
19 amounts made available to carry out the program for
20 each fiscal year, the Secretary may reserve not more
21 than 2 percent for the costs of—
22 ‘‘(A) administering and overseeing the pro-
23 gram; and
† HR 3684 EAS
633
1 ‘‘(B) hiring personnel for the program, in-
2 cluding personnel dedicated to processing permit-
3 ting and environmental review issues.
4 ‘‘(4) TRANSFER OF AUTHORITY.—The Secretary
5 may transfer any portion of the amounts reserved
6 under paragraph (3) for a fiscal year to the Adminis-
7 trator of any of the Federal Highway Administration,
8 the Federal Transit Administration, the Federal Rail-
9 road Administration, or the Maritime Administration
10 to award and oversee grants in accordance with this
11 section.
12 ‘‘(n) ADDITIONAL REQUIREMENTS.—
13 ‘‘(1) IN GENERAL.—Each project that receives a
14 grant under this chapter shall achieve compliance
15 with the applicable requirements of—
16 ‘‘(A) subchapter IV of chapter 31 of title 40;
17 ‘‘(B) title VI of the Civil Rights Act of 1964
18 (42 U.S.C. 2000d et seq.); and
19 ‘‘(C) the National Environmental Policy
20 Act of 1969 (42 U.S.C. 4321 et seq.).
21 ‘‘(2) MODAL REQUIREMENTS.—The Secretary
22 shall, with respect to a project funded by a grant
23 under this section, apply—
24 ‘‘(A) the requirements of title 23 to a high-
25 way, road, or bridge project;
† HR 3684 EAS
634
1 ‘‘(B) the requirements of chapter 53 to a
2 transit project; and
3 ‘‘(C) the requirements of section 22905 to a
4 rail project.
5 ‘‘(3) MULTIMODAL PROJECTS.—
6 ‘‘(A) IN GENERAL.—Except as otherwise
7 provided in this paragraph, if an eligible project
8 is a multimodal project, the Secretary shall—
9 ‘‘(i) determine the predominant modal
10 component of the project; and
11 ‘‘(ii) apply the applicable requirements
12 described in paragraph (2) of the predomi-
13 nant modal component to the project.
14 ‘‘(B) EXCEPTIONS.—
15 ‘‘(i) PASSENGER OR FREIGHT RAIL
16 COMPONENT.—The requirements of section
17 22905 shall apply to any passenger or
18 freight rail component of a project.
19 ‘‘(ii) PUBLIC TRANSPORTATION COMPO-
20 NENT.—The requirements of section 5333
21 shall apply to any public transportation
22 component of a project.’’.
† HR 3684 EAS
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1 SEC. 21202. LOCAL AND REGIONAL PROJECT ASSISTANCE.
2 (a) IN GENERAL.—Chapter 67 of subtitle III of title
3 49, United States Code (as added by section 21201), is
4 amended by adding at the end the following:
5 ‘‘§ 6702. Local and regional project assistance
6 ‘‘(a) DEFINITIONS.—In this section:
7 ‘‘(1) AREA OF PERSISTENT POVERTY.—The term
8 ‘area of persistent poverty’ means—
9 ‘‘(A) any county (or equivalent jurisdiction)
10 in which, during the 30-year period ending on
11 the date of enactment of this chapter, 20 percent
12 or more of the population continually lived in
13 poverty, as measured by—
14 ‘‘(i) the 1990 decennial census;
15 ‘‘(ii) the 2000 decennial census; and
16 ‘‘(iii) the most recent annual small
17 area income and poverty estimate of the
18 Bureau of the Census;
19 ‘‘(B) any census tract with a poverty rate
20 of not less than 20 percent, as measured by the
21 5-year data series available from the American
22 Community Survey of the Bureau of the Census
23 for the period of 2014 through 2018; and
24 ‘‘(C) any territory or possession of the
25 United States.
† HR 3684 EAS
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1 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible enti-
2 ty’ means—
3 ‘‘(A) a State;
4 ‘‘(B) the District of Columbia;
5 ‘‘(C) any territory or possession of the
6 United States;
7 ‘‘(D) a unit of local government;
8 ‘‘(E) a public agency or publicly chartered
9 authority established by 1 or more States;
10 ‘‘(F) a special purpose district or public au-
11 thority with a transportation function, including
12 a port authority;
13 ‘‘(G) a federally recognized Indian Tribe or
14 a consortium of such Indian Tribes;
15 ‘‘(H) a transit agency; and
16 ‘‘(I) a multi-State or multijurisdictional
17 group of entities described in any of subpara-
18 graphs (A) through (H).
19 ‘‘(3) ELIGIBLE PROJECT.—The term ‘eligible
20 project’ means—
21 ‘‘(A) a highway or bridge project eligible for
22 assistance under title 23;
23 ‘‘(B) a public transportation project eligible
24 for assistance under chapter 53;
† HR 3684 EAS
637
1 ‘‘(C) a passenger rail or freight rail trans-
2 portation project eligible for assistance under
3 this title;
4 ‘‘(D) a port infrastructure investment, in-
5 cluding—
6 ‘‘(i) inland port infrastructure; and
7 ‘‘(ii) a land port-of-entry;
8 ‘‘(E) the surface transportation components
9 of an airport project eligible for assistance under
10 part B of subtitle VII;
11 ‘‘(F) a project for investment in a surface
12 transportation facility located on Tribal land,
13 the title or maintenance responsibility of which
14 is vested in the Federal Government;
15 ‘‘(G) a project to replace or rehabilitate a
16 culvert or prevent stormwater runoff for the pur-
17 pose of improving habitat for aquatic species
18 that will advance the goal of the program de-
19 scribed in subsection (b)(2); and
20 ‘‘(H) any other surface transportation in-
21 frastructure project that the Secretary considers
22 to be necessary to advance the goal of the pro-
23 gram.
† HR 3684 EAS
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1 ‘‘(4) PROGRAM.—The term ‘program’ means the
2 Local and Regional Project Assistance Program estab-
3 lished under subsection (b)(1).
4 ‘‘(5) RURAL AREA.—The term ‘rural area’ means
5 an area that is located outside of an urbanized area.
6 ‘‘(6) SECRETARY.—The term ‘Secretary’ means
7 the Secretary of Transportation.
8 ‘‘(7) URBANIZED AREA.—The term ‘urbanized
9 area’ means an area with a population of more than
10 200,000 residents, based on the most recent decennial
11 census.
12 ‘‘(b) ESTABLISHMENT.—
13 ‘‘(1) IN GENERAL.—The Secretary shall establish
14 and carry out a program, to be known as the ‘Local
15 and Regional Project Assistance Program’, to provide
16 for capital investments in surface transportation in-
17 frastructure.
18 ‘‘(2) GOAL.—The goal of the program shall be to
19 fund eligible projects that will have a significant local
20 or regional impact and improve transportation infra-
21 structure.
22 ‘‘(c) GRANTS.—
23 ‘‘(1) IN GENERAL.—In carrying out the pro-
24 gram, the Secretary may make grants to eligible enti-
† HR 3684 EAS
639
1 ties, on a competitive basis, in accordance with this
2 section.
3 ‘‘(2) AMOUNT.—Except as otherwise provided in
4 this section, each grant made under the program shall
5 be in an amount equal to—
6 ‘‘(A) not less than $5,000,000 for an urban-
7 ized area;
8 ‘‘(B) not less than $1,000,000 for a rural
9 area; and
10 ‘‘(C) not more than $25,000,000.
11 ‘‘(3) LIMITATION.—Not more than 15 percent of
12 the funds made available to carry out the program for
13 a fiscal year may be awarded to eligible projects in
14 a single State during that fiscal year.
15 ‘‘(d) SELECTION OF ELIGIBLE PROJECTS.—
16 ‘‘(1) NOTICE OF FUNDING OPPORTUNITY.—Not
17 later than 60 days after the date on which funds are
18 made available to carry out the program, the Sec-
19 retary shall publish a notice of funding opportunity
20 for the funds.
21 ‘‘(2) APPLICATIONS.—To be eligible to receive a
22 grant under the program, an eligible entity shall sub-
23 mit to the Secretary an application—
† HR 3684 EAS
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1 ‘‘(A) in such form and containing such in-
2 formation as the Secretary considers to be appro-
3 priate; and
4 ‘‘(B) by such date as the Secretary may es-
5 tablish, subject to the condition that the date
6 shall be not later than 90 days after the date on
7 which the Secretary issues the solicitation under
8 paragraph (1).
9 ‘‘(3) PRIMARY SELECTION CRITERIA.—In award-
10 ing grants under the program, the Secretary shall
11 evaluate the extent to which a project—
12 ‘‘(A) improves safety;
13 ‘‘(B) improves environmental sustain-
14 ability;
15 ‘‘(C) improves the quality of life of rural
16 areas or urbanized areas;
17 ‘‘(D) increases economic competitiveness
18 and opportunity, including increasing tourism
19 opportunities;
20 ‘‘(E) contributes to a state of good repair;
21 and
22 ‘‘(F) improves mobility and community
23 connectivity.
24 ‘‘(4) ADDITIONAL SELECTION CRITERIA.—In se-
25 lecting projects to receive grants under the program,
† HR 3684 EAS
641
1 the Secretary shall take into consideration the extent
2 to which—
3 ‘‘(A) the project sponsors collaborated with
4 other public and private entities;
5 ‘‘(B) the project adopts innovative tech-
6 nologies or techniques, including—
7 ‘‘(i) innovative technology;
8 ‘‘(ii) innovative project delivery tech-
9 niques; and
10 ‘‘(iii) innovative project financing;
11 ‘‘(C) the project has demonstrated readiness;
12 and
13 ‘‘(D) the project is cost effective.
14 ‘‘(5) TRANSPARENCY.—
15 ‘‘(A) IN GENERAL.—The Secretary, shall
16 evaluate, through a methodology that is discern-
17 ible and transparent to the public, the means by
18 which each application submitted under para-
19 graph (2) addresses the criteria under para-
20 graphs (3) and (4) or otherwise established by
21 the Secretary.
22 ‘‘(B) PUBLICATION.—The methodology
23 under subparagraph (A) shall be published by
24 the Secretary as part of the notice of funding op-
25 portunity under the program.
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1 ‘‘(6) AWARDS.—Not later than 270 days after the
2 date on which amounts are made available to provide
3 grants under the program for a fiscal year, the Sec-
4 retary shall announce the selection by the Secretary
5 of eligible projects to receive the grants in accordance
6 with this section.
7 ‘‘(7) TECHNICAL ASSISTANCE.—
8 ‘‘(A) IN GENERAL.—On request of an eligi-
9 ble entity that submitted an application under
10 paragraph (2) for a project that is not selected
11 to receive a grant under the program, the Sec-
12 retary shall provide to the eligible entity tech-
13 nical assistance and briefings relating to the
14 project.
15 ‘‘(B) TREATMENT.—Technical assistance
16 provided under this paragraph shall not be con-
17 sidered a guarantee of future selection of the ap-
18 plicable project under the program.
19 ‘‘(e) FEDERAL SHARE.—
20 ‘‘(1) IN GENERAL.—Except as provided in para-
21 graph (2), the Federal share of the cost of an eligible
22 project carried out using a grant provided under the
23 program shall not exceed 80 percent.
24 ‘‘(2) EXCEPTION.—The Federal share of the cost
25 of an eligible project carried out in a rural area, a
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1 historically disadvantaged community, or an area of
2 persistent poverty using a grant under this subsection
3 may exceed 80 percent, at the discretion of the Sec-
4 retary.
5 ‘‘(3) TREATMENT OF OTHER FEDERAL FUNDS.—
6 Amounts provided under any of the following pro-
7 grams shall be considered to be a part of the non-Fed-
8 eral share for purposes of this subsection:
9 ‘‘(A) The tribal transportation program
10 under section 202 of title 23.
11 ‘‘(B) The Federal lands transportation pro-
12 gram under section 203 of title 23.
13 ‘‘(C) The TIFIA program (as defined in sec-
14 tion 601(a) of title 23).
15 ‘‘(D) The Railroad Rehabilitation and Im-
16 provement Financing Program under chapter
17 224.
18 ‘‘(f) OTHER CONSIDERATIONS.—
19 ‘‘(1) IN GENERAL.—Of the total amount made
20 available to carry out the program for each fiscal
21 year—
22 ‘‘(A) not more than 50 percent shall be allo-
23 cated for eligible projects located in rural areas;
24 and
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1 ‘‘(B) not more than 50 percent shall be allo-
2 cated for eligible projects located in urbanized
3 areas.
4 ‘‘(2) HISTORICALLY DISADVANTAGED COMMU-
5 NITIES AND AREAS OF PERSISTENT POVERTY.—Of the
6 total amount made available to carry out the pro-
7 gram for each fiscal year, not less than 1 percent
8 shall be awarded for projects in historically disadvan-
9 taged communities or areas of persistent poverty.
10 ‘‘(3) MULTIMODAL AND GEOGRAPHICAL CONSID-
11 ERATIONS.—In selecting projects to receive grants
12 under the program, the Secretary shall take into con-
13 sideration geographical and modal diversity.
14 ‘‘(g) PROJECT PLANNING.—Of the amounts made
15 available to carry out the program for each fiscal year, not
16 less than 5 percent shall be made available for the planning,
17 preparation, or design of eligible projects.
18 ‘‘(h) TRANSFER OF AUTHORITY.—Of the amounts
19 made available to carry out the program for each fiscal
20 year, the Secretary may transfer not more than 2 percent
21 for a fiscal year to the Administrator of any of the Federal
22 Highway Administration, the Federal Transit Administra-
23 tion, the Federal Railroad Administration, or the Maritime
24 Administration to award and oversee grants and credit as-
25 sistance in accordance with this section.
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1 ‘‘(i) CREDIT PROGRAM COSTS.—
2 ‘‘(1) IN GENERAL.—Subject to paragraph (2), at
3 the request of an eligible entity, the Secretary may
4 use a grant provided to the eligible entity under the
5 program to pay the subsidy or credit risk premium,
6 and the administrative costs, of an eligible project
7 that is eligible for Federal credit assistance under—
8 ‘‘(A) chapter 224; or
9 ‘‘(B) chapter 6 of title 23.
10 ‘‘(2) LIMITATION.—Not more than 20 percent of
11 the funds made available to carry out the program for
12 a fiscal year may be used to carry out paragraph (1).
13 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There is
14 authorized to be appropriated to carry out this section
15 $1,500,000,000 for each of fiscal years 2022 through 2026,
16 to remain available for a period of 3 fiscal years following
17 the fiscal year for which the amounts are appropriated.
18 ‘‘(k) REPORTS.—
19 ‘‘(1) ANNUAL REPORT.—The Secretary shall
20 make available on the website of the Department of
21 Transportation at the end of each fiscal year an an-
22 nual report that describes each eligible project for
23 which a grant was provided under the program dur-
24 ing that fiscal year.
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1 ‘‘(2) COMPTROLLER GENERAL.—Not later than 1
2 year after the date on which the initial grants are
3 awarded for eligible projects under the program, the
4 Comptroller General of the United States shall—
5 ‘‘(A) review the administration of the pro-
6 gram, including—
7 ‘‘(i) the solicitation process; and
8 ‘‘(ii) the selection process, including—
9 ‘‘(I) the adequacy and fairness of
10 the process; and
11 ‘‘(II) the selection criteria; and
12 ‘‘(B) submit to the Committee on Com-
13 merce, Science, and Transportation of the Senate
14 and the Committee on Transportation and Infra-
15 structure of the House of Representatives a re-
16 port describing the findings of the review under
17 subparagraph (A), including recommendations
18 for improving the administration of the pro-
19 gram, if any.’’.
20 (b) STUDY.—Not later than 1 year after the date of
21 enactment of this Act, the Comptroller General of the United
22 States shall conduct, and submit to the Committee on Com-
23 merce, Science, and Transportation of the Senate and the
24 Committee on Transportation and Infrastructure of the
25 House of Representatives a report describing the results of,
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1 a study of how changes to Federal share matching require-
2 ments and selection criteria, such as using State population
3 data in Department discretionary programs, may impact
4 the allocations made to States.
5 (c) CLERICAL AMENDMENT.—The analysis for subtitle
6 III of title 49, United States Code, is amended by adding
7 at the end the following:
‘‘CHAPTER 67—MULTIMODAL INFRASTRUCTURE INVESTMENTS
‘‘6701. National infrastructure project assistance.
‘‘6702. Local and regional project assistance.’’.
8 SEC. 21203. NATIONAL CULVERT REMOVAL, REPLACEMENT,
9 AND RESTORATION GRANT PROGRAM.
10 (a) IN GENERAL.—Chapter 67 of title 49, United
11 States Code (as amended by section 21202(a)), is amended
12 by adding at the end the following:
13 ‘‘§ 6703. National culvert removal, replacement, and
14 restoration grant program
15 ‘‘(a) DEFINITIONS.—In this section:
16 ‘‘(1) DIRECTOR.—The term ‘Director’ means the
17 Director of the United States Fish and Wildlife Serv-
18 ice.
19 ‘‘(2) INDIAN TRIBE.—The term ‘Indian Tribe’
20 has the meaning given the term in section 4 of the In-
21 dian Self-Determination and Education Assistance
22 Act (25 U.S.C. 5304).
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1 ‘‘(3) PROGRAM.—The term ‘program’ means the
2 annual competitive grant program established under
3 subsection (b).
4 ‘‘(4) SECRETARY.—The term ‘Secretary’ means
5 the Secretary of Transportation.
6 ‘‘(5) UNDERSECRETARY.—The term ‘Undersecre-
7 tary’ means the Undersecretary of Commerce for
8 Oceans and Atmosphere.
9 ‘‘(b) ESTABLISHMENT.—The Secretary, in consulta-
10 tion with the Undersecretary, shall establish an annual
11 competitive grant program to award grants to eligible enti-
12 ties for projects for the replacement, removal, and repair
13 of culverts or weirs that—
14 ‘‘(1) would meaningfully improve or restore fish
15 passage for anadromous fish; and
16 ‘‘(2) with respect to weirs, may include—
17 ‘‘(A) infrastructure to facilitate fish passage
18 around or over the weir; and
19 ‘‘(B) weir improvements.
20 ‘‘(c) ELIGIBLE ENTITIES.—An entity eligible to receive
21 a grant under the program is—
22 ‘‘(1) a State;
23 ‘‘(2) a unit of local government; or
24 ‘‘(3) an Indian Tribe.
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1 ‘‘(d) GRANT SELECTION PROCESS.—The Secretary, in
2 consultation with the Undersecretary and the Director, shall
3 establish a process for determining criteria for awarding
4 grants under the program, subject to subsection (e).
5 ‘‘(e) PRIORITIZATION.—The Secretary, in consultation
6 with the Undersecretary and the Director, shall establish
7 procedures to prioritize awarding grants under the program
8 to—
9 ‘‘(1) projects that would improve fish passage
10 for—
11 ‘‘(A) anadromous fish stocks listed as an en-
12 dangered species or a threatened species under
13 section 4 of the Endangered Species Act of 1973
14 (16 U.S.C. 1533);
15 ‘‘(B) anadromous fish stocks identified by
16 the Undersecretary or the Director that could
17 reasonably become listed as an endangered spe-
18 cies or a threatened species under that section;
19 ‘‘(C) anadromous fish stocks identified by
20 the Undersecretary or the Director as prey for
21 endangered species, threatened species, or pro-
22 tected species, including Southern resident orcas
23 (Orcinus orcas); or
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1 ‘‘(D) anadromous fish stocks identified by
2 the Undersecretary or the Director as climate re-
3 silient stocks; and
4 ‘‘(2) projects that would open up more than 200
5 meters of upstream habitat before the end of the nat-
6 ural habitat.
7 ‘‘(f) FEDERAL SHARE.—The Federal share of the cost
8 of a project carried out with a grant to a State or a unit
9 of local government under the program shall be not more
10 than 80 percent.
11 ‘‘(g) TECHNICAL ASSISTANCE.—The Secretary, in con-
12 sultation with the Undersecretary and the Director, shall
13 develop a process to provide technical assistance to Indian
14 Tribes and underserved communities to assist in the project
15 design and grant process and procedures.
16 ‘‘(h) ADMINISTRATIVE EXPENSES.—Of the amounts
17 made available for each fiscal year to carry out the pro-
18 gram, the Secretary, the Undersecretary, and the Director
19 may use not more than 2 percent to pay the administrative
20 expenses necessary to carry out this section.
21 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is
22 authorized to be appropriated to carry out the program
23 $800,000,000 for each of fiscal years 2022 through 2026.’’.
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1 (b) CLERICAL AMENDMENT.—The analysis for chapter
2 67 of title 49, United States Code (as added by section
3 21202(c)), is amended by adding at the end the following:
‘‘6703. National culvert removal, replacement, and restoration grant program.’’.
4 SEC. 21204. NATIONAL MULTIMODAL COOPERATIVE
5 FREIGHT RESEARCH PROGRAM.
6 (a) IN GENERAL.—Chapter 702 of title 49, United
7 States Code (as amended by section 21106(a)), is amended
8 by inserting after section 70204 the following:
9 ‘‘§ 70205. National multimodal cooperative freight re-
10 search program
11 ‘‘(a) ESTABLISHMENT.—Not later than 1 year after the
12 date of enactment of this section, the Secretary of Transpor-
13 tation (referred to in this section as the ‘Secretary’) shall
14 establish and support a national cooperative freight trans-
15 portation research program.
16 ‘‘(b) ADMINISTRATION BY NATIONAL ACADEMY OF
17 SCIENCES.—
18 ‘‘(1) IN GENERAL.—The Secretary shall enter
19 into an agreement with the National Academy of
20 Sciences to support and carry out administrative and
21 management activities under the program established
22 under subsection (a).
23 ‘‘(2) ADVISORY COMMITTEE.—To assist the Na-
24 tional Academy of Sciences in carrying out this sub-
25 section, the National Academy shall establish an advi-
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1 sory committee, the members of which represent a
2 cross-section of multimodal freight stakeholders, in-
3 cluding—
4 ‘‘(A) the Department of Transportation and
5 other relevant Federal departments and agencies;
6 ‘‘(B) State (including the District of Colum-
7 bia) departments of transportation;
8 ‘‘(C) units of local government, including
9 public port authorities;
10 ‘‘(D) nonprofit entities;
11 ‘‘(E) institutions of higher education;
12 ‘‘(F) labor organizations representing em-
13 ployees in freight industries; and
14 ‘‘(G) private sector entities representing
15 various transportation modes.
16 ‘‘(c) ACTIVITIES.—
17 ‘‘(1) NATIONAL RESEARCH AGENDA.—
18 ‘‘(A) IN GENERAL.—The advisory committee
19 established under subsection (b)(2), in consulta-
20 tion with interested parties, shall recommend a
21 national research agenda for the program in ac-
22 cordance with subsection (d), which shall include
23 a multiyear strategic plan.
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1 ‘‘(B) ACTION BY INTERESTED PARTIES.—
2 For purposes of subparagraph (A), an interested
3 party may—
4 ‘‘(i) submit to the advisory committee
5 research proposals;
6 ‘‘(ii) participate in merit reviews of
7 research proposals and peer reviews of re-
8 search products; and
9 ‘‘(iii) receive research results.
10 ‘‘(2) RESEARCH CONTRACTS AND GRANTS.—
11 ‘‘(A) IN GENERAL.—The National Academy
12 of Sciences may award research contracts and
13 grants under the program established under sub-
14 section (a) through—
15 ‘‘(i) open competition; and
16 ‘‘(ii) merit review, conducted on a reg-
17 ular basis.
18 ‘‘(B) EVALUATION.—
19 ‘‘(i) PEER REVIEW.—A contract or
20 grant for research under subparagraph (A)
21 may allow peer review of the research re-
22 sults.
23 ‘‘(ii) PROGRAMMATIC EVALUATIONS.—
24 The National Academy of Sciences may
25 conduct periodic programmatic evaluations
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1 on a regular basis of a contract or grant for
2 research under subparagraph (A).
3 ‘‘(C) DISSEMINATION OF FINDINGS.—The
4 National Academy of Sciences shall disseminate
5 the findings of any research conducted under this
6 paragraph to relevant researchers, practitioners,
7 and decisionmakers through—
8 ‘‘(i) conferences and seminars;
9 ‘‘(ii) field demonstrations;
10 ‘‘(iii) workshops;
11 ‘‘(iv) training programs;
12 ‘‘(v) presentations;
13 ‘‘(vi) testimony to government officials;
14 ‘‘(vii) publicly accessible websites;
15 ‘‘(viii) publications for the general
16 public; and
17 ‘‘(ix) other appropriate means.
18 ‘‘(3) REPORT.—Not later than 1 year after the
19 date of establishment of the program under subsection
20 (a), and annually thereafter, the Secretary shall make
21 available on a public website a report that describes
22 the ongoing research and findings under the program.
23 ‘‘(d) AREAS FOR RESEARCH.—The national research
24 agenda under subsection (c)(1) shall consider research in
25 the following areas:
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1 ‘‘(1) Improving the efficiency and resiliency of
2 freight movement, including—
3 ‘‘(A) improving the connections between
4 rural areas and domestic and foreign markets;
5 ‘‘(B) maximizing infrastructure utility, in-
6 cluding improving urban curb-use efficiency;
7 ‘‘(C) quantifying the national impact of
8 blocked railroad crossings;
9 ‘‘(D) improved techniques for estimating
10 and quantifying public benefits derived from
11 freight transportation projects; and
12 ‘‘(E) low-cost methods to reduce congestion
13 at bottlenecks.
14 ‘‘(2) Adapting to future trends in freight, includ-
15 ing—
16 ‘‘(A) considering the impacts of e-commerce;
17 ‘‘(B) automation; and
18 ‘‘(C) zero-emissions transportation.
19 ‘‘(3) Workforce considerations in freight, includ-
20 ing—
21 ‘‘(A) diversifying the freight transportation
22 industry workforce; and
23 ‘‘(B) creating and transitioning a workforce
24 capable of designing, deploying, and operating
25 emerging technologies.
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1 ‘‘(e) FEDERAL SHARE.—
2 ‘‘(1) IN GENERAL.—The Federal share of the cost
3 of an activity carried out under this section shall be
4 up to 100 percent.
5 ‘‘(2) USE OF NON-FEDERAL FUNDS.—In addition
6 to using funds made available to carry out this sec-
7 tion, the National Academy of Sciences may seek and
8 accept additional funding from public and private
9 entities capable of accepting funding from the Depart-
10 ment of Transportation, States, units of local govern-
11 ment, nonprofit entities, and the private sector.
12 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is
13 authorized to be appropriated to the Secretary $3,750,000
14 for each fiscal year to carry out the program established
15 under subsection (a), to remain available until expended.
16 ‘‘(g) SUNSET.—The program established under sub-
17 section (a) shall terminate 5 years after the date of enact-
18 ment of this section.’’.
19 (b) CLERICAL AMENDMENT.—The analysis for chapter
20 702 of title 49, United States Code (as amended by section
21 21106(b)), is amended by inserting after the item relating
22 to section 70204 the following:
‘‘70205. National multimodal cooperative freight research program.’’.
23 SEC. 21205. RURAL AND TRIBAL INFRASTRUCTURE AD-
24 VANCEMENT.
25 (a) DEFINITIONS.—In this section:
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1 (1) BUILD AMERICA BUREAU.—The term ‘‘Build
2 America Bureau’’ means the National Surface Trans-
3 portation and Innovative Finance Bureau established
4 under section 116 of title 49, United States Code.
5 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
6 ty’’ means—
7 (A) a unit of local government or political
8 subdivision that is located outside of an urban-
9 ized area with a population of more than
10 150,000 residents, as determined by the Bureau
11 of the Census;
12 (B) a State seeking to advance a project lo-
13 cated in an area described in subparagraph (A);
14 (C) a federally recognized Indian Tribe;
15 and
16 (D) the Department of Hawaiian Home
17 Lands.
18 (3) ELIGIBLE PROGRAM.—The term ‘‘eligible
19 program’’ means any program described in—
20 (A) subparagraph (A) or (B) of section
21 116(d)(1) of title 49, United States Code;
22 (B) section 118(d)(3)(A) of that title (as
23 added by section 21101(a)); or
24 (C) chapter 67 of that title (as added by
25 section 21201).
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1 (4) PILOT PROGRAM.—The term ‘‘pilot program’’
2 means the Rural and Tribal Assistance Pilot Pro-
3 gram established under subsection (b)(1).
4 (b) ESTABLISHMENT.—
5 (1) IN GENERAL.—The Secretary shall establish
6 within the Build America Bureau a pilot program, to
7 be known as the ‘‘Rural and Tribal Assistance Pilot
8 Program’’, to provide to eligible entities the assistance
9 and information described in paragraph (2).
10 (2) ASSISTANCE AND INFORMATION.—In car-
11 rying out the pilot program, the Secretary may pro-
12 vide to an eligible entity the following:
13 (A) Financial, technical, and legal assist-
14 ance to evaluate potential projects reasonably ex-
15 pected to be eligible to receive funding or financ-
16 ing assistance under an eligible program.
17 (B) Assistance with development-phase ac-
18 tivities, including—
19 (i) project planning;
20 (ii) feasibility studies;
21 (iii) revenue forecasting and funding
22 and financing options analyses;
23 (iv) environmental review;
24 (v) preliminary engineering and de-
25 sign work;
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1 (vi) economic assessments and cost-ben-
2 efit analyses;
3 (vii) public benefit studies;
4 (viii) statutory and regulatory frame-
5 work analyses;
6 (ix) value for money studies;
7 (x) evaluations of costs to sustain the
8 project;
9 (xi) evaluating opportunities for pri-
10 vate financing and project bundling; and
11 (xii) any other activity determined to
12 be appropriate by the Secretary.
13 (C) Information regarding innovative fi-
14 nancing best practices and case studies, if the el-
15 igible entity is interested in using innovative fi-
16 nancing methods.
17 (c) ASSISTANCE FROM EXPERT FIRMS.—The Sec-
18 retary may retain the services of expert firms, including
19 counsel, in the field of municipal and project finance to
20 assist in providing financial, technical, and legal assistance
21 to eligible entities under the pilot program.
22 (d) WEBSITE.—
23 (1) DESCRIPTION OF PILOT PROGRAM.—
24 (A) IN GENERAL.—The Secretary shall
25 make publicly available on the website of the De-
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1 partment a description of the pilot program, in-
2 cluding—
3 (i) the resources available to eligible
4 entities under the pilot program; and
5 (ii) the application process established
6 under paragraph (2)(A).
7 (B) CLEARINGHOUSE.—The Secretary may
8 establish a clearinghouse for tools, templates, and
9 best practices on the page of the website of the
10 Department that contains the information de-
11 scribed in subparagraph (A).
12 (2) APPLICATIONS.—
13 (A) IN GENERAL.—Not later than 180 days
14 after the date of enactment of this Act, the Sec-
15 retary shall establish a process by which an eli-
16 gible entity may submit to the Secretary an ap-
17 plication under the pilot program, in such form
18 and containing such information as the Sec-
19 retary may require.
20 (B) ONLINE PORTAL.—The Secretary shall
21 develop and make available to the public an on-
22 line portal through which the Secretary may re-
23 ceive applications under subparagraph (A), on a
24 rolling basis.
25 (C) APPROVAL.—
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1 (i) IN GENERAL.—Not later than 60
2 days after the date on which the Secretary
3 receives a complete application under sub-
4 paragraph (A), the Secretary shall provide
5 to each eligible entity that submitted the ap-
6 plication a notice describing whether the
7 application is approved or disapproved.
8 (ii) ADDITIONAL WRITTEN NOTIFICA-
9 TION.—
10 (I) IN GENERAL.—Not later than
11 30 days after the date on which the
12 Secretary provides to an eligible entity
13 a notification under clause (i), the Sec-
14 retary shall provide to the eligible enti-
15 ty an additional written notification of
16 the approval or disapproval of the ap-
17 plication.
18 (II) DISAPPROVED APPLICA-
19 TIONS.—If the application of an eligi-
20 ble entity is disapproved under this
21 subparagraph, the additional written
22 notification provided to the eligible en-
23 tity under subclause (I) shall include
24 an offer for a written or telephonic de-
25 brief by the Secretary that will provide
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1 an explanation of, and guidance re-
2 garding, the reasons why the applica-
3 tion was disapproved.
4 (iii) INSUFFICIENT APPLICATIONS.—
5 The Secretary shall not approve an applica-
6 tion under this subparagraph if the appli-
7 cation fails to meet the applicable criteria
8 established under this section.
9 (3) DASHBOARD.—The Secretary shall publish
10 on the website of the Department a monthly report
11 that includes, for each application received under the
12 pilot program—
13 (A) the type of eligible entity that submitted
14 the application;
15 (B) the location of each potential project de-
16 scribed in the application;
17 (C) a brief description of the assistance re-
18 quested;
19 (D) the date on which the Secretary received
20 the application; and
21 (E) the date on which the Secretary pro-
22 vided the notice of approval or disapproval
23 under paragraph (2)(C)(i).
24 (e) EXPERTS.—An eligible entity that receives assist-
25 ance under the pilot program may retain the services of
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1 an expert for any phase of a project carried out using the
2 assistance, including project development, regardless of
3 whether the expert is retained by the Secretary under sub-
4 section (c).
5 (f) FUNDING.—
6 (1) IN GENERAL.—For each of fiscal years 2022
7 through 2026, the Secretary may use to carry out the
8 pilot program, including to retain the services of ex-
9 pert firms under subsection (c), any amount made
10 available to the Secretary to provide credit assistance
11 under an eligible program that is not otherwise obli-
12 gated, subject to paragraph (2).
13 (2) LIMITATION.—The amount used under para-
14 graph (1) to carry out the pilot program shall be not
15 more than—
16 (A) $1,600,000 for fiscal year 2022;
17 (B) $1,800,000 for fiscal year 2023;
18 (C) $2,000,000 for fiscal year 2024;
19 (D) $2,200,000 for fiscal year 2025; and
20 (E) $2,400,000 for fiscal year 2026.
21 (3) GEOGRAPHICAL DISTRIBUTION.—Not more
22 than 20 percent of the funds made available to carry
23 out the pilot program for a fiscal year may be used
24 for projects in a single State during that fiscal year.
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1 (g) SUNSET.—The pilot program shall terminate on
2 the date that is 5 years after the date of enactment of this
3 Act.
4 (h) NONAPPLICABILITY.—Nothing in this section lim-
5 its the ability of the Build America Bureau or the Secretary
6 to establish or carry out any other assistance program
7 under title 23 or title 49, United States Code.
8 (i) ADMINISTRATION BY BUILD AMERICA BUREAU.—
9 Section 116(d)(1) of title 49, United States Code (as amend-
10 ed by section 21101(d)(4)), is amended by adding at the
11 end the following:
12 ‘‘(D) The Rural and Tribal Assistance Pilot
13 Program established under section 21205(b)(1) of
14 the Surface Transportation Investment Act of
15 2021.’’.
16 Subtitle C—Railroad Rehabilita-
17 tion and Improvement Financ-
18 ing Reforms
19 SEC. 21301. RRIF CODIFICATION AND REFORMS.
20 (a) CODIFICATION OF TITLE V OF THE RAILROAD RE-
21 VITALIZATION AND REGULATORY REFORM ACT OF 1976.—
22 Part B of subtitle V of title 49, United States Code, is
23 amended—
24 (1) by inserting after chapter 223 the following
25 chapter analysis:
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‘‘CHAPTER 224—RAILROAD REHABILITATION AND IMPROVEMENT FINANCING
‘‘Sec.
‘‘22401. Definitions.
‘‘22402. Direct loans and loan guarantees.
‘‘22403. Administration of direct loans and loan guarantees.
‘‘22404. Employee protection.
‘‘22405. Substantive criteria and standards.
‘‘22406. Authorization of appropriations.’’;
1 (2) by inserting after the chapter analysis the
2 following section headings:
3 ‘‘§ 22401. Definitions
4 ‘‘§ 22402. Direct loans and loan guarantees
5 ‘‘§ 22403. Administration of direct loans and loan
6 guarantees
7 ‘‘§ 22404. Employee protection’’;
8 (3) by inserting after the section heading for sec-
9 tion 22401, as added by paragraph (2), the text of
10 section 501 of the Railroad Revitalization and Regu-
11 latory Reform Act of 1976 (45 U.S.C. 821);
12 (4) by inserting after the section heading for sec-
13 tion 22402, as added by paragraph (2), the text of
14 section 502 of the Railroad Revitalization and Regu-
15 latory Reform Act of 1976 (45 U.S.C. 822);
16 (5) by inserting after the section heading for sec-
17 tion 22403, as added by paragraph (2), the text of
18 section 503 of the Railroad Revitalization and Regu-
19 latory Reform Act of 1976 (45 U.S.C. 823); and
20 (6) by inserting after the section heading for sec-
21 tion 22404, as added by paragraph (2), the text of
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1 section 504 of the Railroad Revitalization and Regu-
2 latory Reform Act of 1976 (45 U.S.C. 836).
3 (b) CONFORMING REPEALS.—
4 (1) REPEALS.—
5 (A) Sections 501, 502, 503, and 504 of the
6 Railroad Revitalization and Regulatory Reform
7 Act of 1976 (45 U.S.C. 821, 822, 823, and 836)
8 are repealed.
9 (B) Section 9003(j) of the Safe, Account-
10 able, Flexible, Efficient Transportation Equity
11 Act: A Legacy for Users (45 U.S.C. 822 note) is
12 repealed.
13 (2) SAVINGS PROVISION.—The repeals under
14 paragraph (1) shall not affect the rights and duties
15 that matured under the repealed sections, the pen-
16 alties that were incurred under such sections, or any
17 proceeding authorized under any such section that
18 commenced before the date of enactment of this Act.
19 (c) DEFINITIONS.—
20 (1) HEADINGS.—Section 22401 of title 49,
21 United States Code, as added by subsection (a)(2),
22 and amended by subsection (a)(3), is further amend-
23 ed—
24 (A) in paragraph (1)—
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1 (i) by striking ‘‘(1)(A) The’’ and in-
2 serting the following:
3 ‘‘(1) COST.—
4 ‘‘(A) The’’; and
5 (ii) by indenting subparagraphs (B)
6 through (F) appropriately; and
7 (B) in each of paragraphs (2) through (14),
8 by inserting a paragraph heading, the text of
9 which is comprised of the term defined in the
10 paragraph.
11 (2) OTHER TECHNICAL AMENDMENTS.—Section
12 22401 of title 49, United States Code, as added by
13 subsection (a)(2), and amended by subsection (a)(3)
14 and paragraph (1) of this subsection, is further
15 amended—
16 (A) in the matter preceding paragraph (1),
17 by striking ‘‘For purposes of this title:’’ and in-
18 serting ‘‘In this chapter:’’;
19 (B) in paragraph (11), by striking ‘‘under
20 this title’’ and inserting ‘‘under this chapter’’;
21 (C) by amending paragraph (12) to read as
22 follows:
23 ‘‘(12) RAILROAD.—The term ‘railroad’ in-
24 cludes—
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1 ‘‘(A) any railroad or railroad carrier (as
2 such terms are defined in section 20102); and
3 ‘‘(B) any rail carrier (as defined in section
4 24102).’’;
5 (D) by redesignating paragraph (14) as
6 paragraph (15); and
7 (E) by inserting after paragraph (13) the
8 following:
9 ‘‘(14) SECRETARY.—The term ‘Secretary’ means
10 the Secretary of Transportation.’’.
11 (d) DIRECT LOANS AND LOAN GUARANTEES.—Section
12 22402 of title 49, United States Code, as added by sub-
13 section (a)(2), and amended by subsection (a)(4), is further
14 amended—
15 (1) in subsection (a)—
16 (A) in paragraph (2), by inserting ‘‘entities
17 implementing’’ before ‘‘interstate compacts’’;
18 (B) in paragraph (5)—
19 (i) by inserting ‘‘entities participating
20 in’’ before ‘‘joint ventures’’; and
21 (ii) by striking ‘‘and’’ at the end; and
22 (C) by striking paragraph (6) and inserting
23 the following:
24 ‘‘(6) limited option freight shippers that own or
25 operate a plant or other facility, solely for the pur-
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1 pose of constructing a rail connection between a plant
2 or facility and a railroad; and
3 ‘‘(7) private entities with controlling ownership
4 in 1 or more freight railroads other than Class I car-
5 riers.’’;
6 (2) in subsection (b)—
7 (A) by amending paragraph (1) to read as
8 follows:
9 ‘‘(1) IN GENERAL.—Direct loans and loan guar-
10 antees authorized under this section shall be used—
11 ‘‘(A) to acquire, improve, or rehabilitate
12 intermodal or rail equipment or facilities, in-
13 cluding track, components of track, cuts and
14 fills, stations, tunnels, bridges, yards, buildings,
15 and shops, and to finance costs related to those
16 activities, including pre-construction costs;
17 ‘‘(B) to develop or establish new intermodal
18 or railroad facilities;
19 ‘‘(C) to develop landside port infrastructure
20 for seaports serviced by rail;
21 ‘‘(D) to refinance outstanding debt incurred
22 for the purposes described in subparagraph (A)
23 , (B), or (C);
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1 ‘‘(E) to reimburse planning, permitting,
2 and design expenses relating to activities de-
3 scribed in subparagraph (A), (B), or (C); or
4 ‘‘(F) to finance economic development, in-
5 cluding commercial and residential development,
6 and related infrastructure and activities, that—
7 ‘‘(i) incorporates private investment of
8 greater than 20 percent of total project
9 costs;
10 ‘‘(ii) is physically connected to, or is
11 within 1⁄2 mile of, a fixed guideway transit
12 station, an intercity bus station, a pas-
13 senger rail station, or a multimodal station,
14 provided that the location includes service
15 by a railroad;
16 ‘‘(iii) demonstrates the ability of the
17 applicant to commence the contracting
18 process for construction not later than 90
19 days after the date on which the direct loan
20 or loan guarantee is obligated for the project
21 under this chapter; and
22 ‘‘(iv) demonstrates the ability to gen-
23 erate new revenue for the relevant passenger
24 rail station or service by increasing rider-
25 ship, increasing tenant lease payments, or
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1 carrying out other activities that generate
2 revenue exceeding costs.’’; and
3 (B) by striking paragraph (3);
4 (3) in subsection (c)—
5 (A) in paragraph (1), by striking ‘‘of title
6 49, United States Code’’; and
7 (B) in paragraph (5), by striking ‘‘title 49,
8 United States Code,’’ and inserting ‘‘this title’’;
9 (4) in subsection (e), by amending paragraph (1)
10 to read as follows:
11 ‘‘(1) DIRECT LOANS.—The interest rate on a di-
12 rect loan under this section shall be not less than the
13 yield on United States Treasury securities of a simi-
14 lar maturity to the maturity of the secured loan on
15 the date of execution of the loan agreement.’’;
16 (5) in subsection (f)—
17 (A) in paragraph (3)—
18 (i) in the matter preceding subpara-
19 graph (A)—
20 (I) by striking ‘‘An applicant
21 may propose and’’ and inserting
22 ‘‘Upon receipt of a proposal from an
23 applicant under this section,’’; and
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