Motion to Adjourn and Senate Amendment to H.R. 3684 — Congressional Record, House
Summary
Page H5182 of the House section of the Congressional Record for September 27, 2021, marked as a correction, under a title on the motion to adjourn and the Senate amendment to H.R. 3684. The House stood in recess at 2:06 p.m. and returned after the recess, and a roll call listing is followed by notes that several members changed their vote from yea to nay. Bill text from the large document refers to recommendations for changes to existing revenue streams and new revenue streams based on user fees, and to the definition of Indian tribe.
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“Motion to Adjourn and Senate Amendment to H.R. 3684 — Congressional Record, House.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-09-27-crec-2021-09-27-pt1-pgh5182-3-c4beae6548/
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H5182 CORRECTION CONGRESSIONAL RECORD — HOUSE September 27, 2021
declares the House in recess subject to Rutherford Stefanik Van Duyne b 1905
Salazar Steil Wagner
the call of the Chair. Scalise Steube Walberg Mr. CARTER of Louisiana, Ms.
Accordingly (at 2 o’clock and 6 min- Schweikert Stewart Walorski FOXX, Messrs. SCHRADER, CASTRO
utes p.m.), the House stood in recess. Scott, Austin Taylor Waltz of Texas, Ms. JOHNSON of Texas,
Sessions Tenney Weber (TX)
f Smith (MO) Thompson (PA) Messrs. GOTTHEIMER, KEATING,
Webster (FL)
Smith (NE) Tiffany Wenstrup
WELCH, and DOGGETT changed their
b 1830 Smith (NJ) Timmons
Westerman vote from ‘‘yea’’ to ‘‘nay.’’
Smucker Turner Messrs. WITTMAN, PALMER,
Williams (TX)
AFTER RECESS Spartz Upton
Stauber Valadao
Wittman PALAZZO, and GROTHMAN changed
The recess having expired, the House Steel Van Drew Zeldin their vote from ‘‘nay’’ to ‘‘yea.’’
was called to order by the Speaker pro So the motion to adjourn was re-
NAYS—228 jected.
tempore (Mr. SUOZZI) at 6 o’clock and
30 minutes p.m. Adams Gonzalez, Ocasio-Cortez The result of the vote was announced
Aguilar Vicente Omar as above recorded.
f Allred Gottheimer Pallone
Auchincloss Granger Panetta
Stated for:
Axne Graves (LA) Pappas Mrs. LESKO. Mr. Speaker, had I been
MOTION TO ADJOURN Barragán Green, Al (TX) Pascrell present, I would have voted ‘‘yea’’ on rollcall
Mrs. GREENE of Georgia. Mr. Speak- Beatty Grijalva Payne No. 296.
Bera Harder (CA) Perlmutter
er, I move that the House do now ad- Hayes Peters MEMBERS RECORDED PURSUANT TO HOUSE
Beyer
journ. Bishop (GA) Higgins (NY) Phillips RESOLUTION 8, 117TH CONGRESS
The SPEAKER pro tempore. The Blumenauer Himes Pingree Babin (Jackson Kirkpatrick Payne
question is on the motion to adjourn Blunt Rochester Horsford Pocan (TX)) (Stanton) (Wasserman
Bonamici Houlahan Porter Butterfield Latta (Walberg) Schultz)
offered by the gentlewoman from Geor- Bourdeaux Hoyer Pressley Rice (SC)
(Kildee) Lawson (FL)
gia (Mrs. GREENE). Bowman Huffman Price (NC) Cárdenas (Evans) (Timmons)
The question was taken; and the Boyle, Brendan Jackson Lee Quigley Rush
(Correa) McCaul (Resch
F. Jacobs (CA) Raskin (Underwood)
Speaker announced that the noes ap- Jayapal Rice (NY)
Frankel, Lois enthaler)
Brown (Clark (MA)) McEachin Ryan (Kildee)
peared to have it. Brownley Jeffries Rogers (KY) Sires (Pallone)
Fulcher (Johnson (Wexton)
Mrs. GREENE of Georgia. Mr. Speak- Bush Johnson (GA) Ross Stefanik (Waltz)
Johnson (TX) Roybal-Allard (OH)) McHenry (Banks)
er, on that I demand the yeas and nays. Bustos
Grijalva (Garcı́a Meng (Jeffries)
Steube
Butterfield Jones Ruiz (Franklin,
The SPEAKER pro tempore. Pursu- Joyce (OH) Ruppersberger (IL)) Napolitano Scott C.)
Carbajal
ant to section 3(s) of House Resolution Cárdenas Kahele Rush Hagedorn (Resch (Correa) Torres (NY)
8, the yeas and nays are ordered. Carson Kaptur Ryan enthaler) (Strickland)
Katko Sánchez Wilson (FL)
The vote was taken by electronic de- Carter (LA)
Keating Sarbanes
Cartwright (Hayes)
vice, and there were—yeas 193, nays Kelly (IL) Scanlon
228, not voting 10, as follows:
Case
Khanna Schakowsky f
Casten
Kildee Schiff INFRASTRUCTURE INVESTMENT
[Roll No. 296] Castor (FL)
Kilmer
Castro (TX) Schneider
YEAS—193 Kim (NJ) Schrader AND JOBS ACT
Chu
Aderholt Ferguson LaHood Kind Schrier Mr. DEFAZIO. Mr. Speaker, pursuant
Cicilline
Allen Fischbach LaMalfa Kinzinger Scott (VA)
Clark (MA)
Kirkpatrick Scott, David
to House Resolution 601, I call up the
Amodei Fitzgerald Lamborn Clarke (NY)
Arrington Fleischmann Latta Krishnamoorthi Sewell bill (H.R. 3684) to authorize funds for
Cleaver
Babin Fortenberry LaTurner Clyburn
Kuster Sherman Federal-aid highways, highway safety
Bacon Franklin, C. Letlow Lamb Sherrill programs, and transit programs, and
Cohen
Baird Scott Long Langevin Simpson
Connolly
Larsen (WA) Sires for other purposes, with the Senate
Balderson Fulcher Loudermilk Cooper
Banks Gaetz Lucas Larson (CT) Slotkin amendment thereto, and ask for its im-
Correa
Barr Gallagher Luetkemeyer Costa
Lawrence Smith (WA) mediate consideration.
Bentz Garbarino Mace Lawson (FL) Soto The Clerk read the title of the bill.
Courtney Lee (CA) Spanberger
Bergman Garcia (CA) Malliotakis Craig Lee (NV) Speier
The SPEAKER pro tempore (Mr.
Bice (OK) Gibbs Mann
Biggs Gimenez Massie
Crist Leger Fernandez Stansbury CICILLINE). The Clerk will designate
Crow
Bilirakis Gohmert Mast Cuellar
Levin (CA) Stanton the Senate amendment.
Bishop (NC) Gonzales, Tony McCarthy Levin (MI) Stevens Senate amendment:
Davids (KS) Lofgren Strickland
Boebert Good (VA) McCaul Davis, Danny K. Strike all after the enacting clause and in-
Bost Gooden (TX) McClain Lowenthal Suozzi
Dean Luria Swalwell sert the following:
Brady Gosar McClintock DeFazio Lynch Takano SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
Brooks Graves (MO) McKinley DeGette
Buchanan Green (TN) Meijer Malinowski Thompson (CA) (a) SHORT TITLE.—This Act may be cited as
DeLauro Maloney, Thompson (MS)
Buck Greene (GA) Meuser the ‘‘Infrastructure Investment and Jobs Act’’.
DelBene Carolyn B. Titus
Bucshon Griffith Miller (IL) (b) TABLE OF CONTENTS.—The table of con-
Delgado Maloney, Sean Tlaib
Budd Grothman Miller (WV) Demings tents for this Act is as follows:
Burchett Guest Miller-Meeks Manning Tonko
DeSaulnier Matsui Torres (CA) Sec. 1. Short title; table of contents.
Burgess Guthrie Moolenaar Sec. 2. References.
Deutch McBath Torres (NY)
Calvert Hagedorn Mooney
Dingell McCollum Trahan DIVISION A—SURFACE TRANSPORTATION
Carl Harris Moore (AL)
Doggett McEachin Trone
Carter (GA) Harshbarger Moore (UT) Sec. 10001. Short title.
Doyle, Michael McGovern Underwood
Carter (TX) Hartzler Mullin
F.
Sec. 10002. Definitions.
Cawthorn Hern Murphy (NC) McNerney Vargas Sec. 10003. Effective date.
Escobar Meeks Veasey
Chabot Herrell Nehls TITLE I—FEDERAL-AID HIGHWAYS
Eshoo Meng Vela
Cline Herrera Beutler Newhouse
Espaillat Mfume Velázquez Subtitle A—Authorizations and Programs
Cloud Hice (GA) Norman
Evans Moore (WI) Wasserman
Clyde Higgins (LA) Nunes Sec. 11101. Authorization of appropriations.
Fitzpatrick Morelle Schultz
Cole Hill Obernolte Sec. 11102. Obligation ceiling.
Fletcher Moulton Waters
Comer Hinson Owens Sec. 11103. Definitions.
Foster Mrvan Watson Coleman
Crawford Hollingsworth Palazzo Sec. 11104. Apportionment.
Foxx Murphy (FL) Welch
Crenshaw Huizenga Palmer Sec. 11105. National highway performance pro-
sradovich on DSKJLST7X2PROD with CONG-REC-ONLINE
Curtis Issa Pence Frankel, Lois Nadler Wexton
Gallego Napolitano Wild gram.
Davidson Jackson Perry Sec. 11106. Emergency relief.
Davis, Rodney Jacobs (NY) Pfluger Garamendi Neal Williams (GA)
Garcı́a (IL) Neguse Wilson (FL) Sec. 11107. Federal share payable.
DesJarlais Johnson (LA) Posey Sec. 11108. Railway-highway grade crossings.
Diaz-Balart Johnson (OH) Reed Garcia (TX) Newman Wilson (SC)
Golden Norcross Womack Sec. 11109. Surface transportation block grant
Donalds Johnson (SD) Reschenthaler
Gomez O’Halleran Young program.
Duncan Jordan Rice (SC)
Dunn Joyce (PA) Rodgers (WA)
Sec. 11110. Nationally significant freight and
Ellzey Keller Rogers (AL)
NOT VOTING—10 highway projects.
Emmer Kelly (MS) Rose Armstrong Gonzalez (OH) McHenry Sec. 11111. Highway safety improvement pro-
Estes Kelly (PA) Rosendale Bass Hudson Yarmuth gram.
Fallon Kim (CA) Rouzer Cammack Lesko Sec. 11112. Federal lands transportation pro-
Feenstra Kustoff Roy Cheney Lieu gram.
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September 27, 2021 CONGRESSIONAL RECORD — HOUSE H5183
Sec. 11113. Federal lands access program. Subtitle E—Miscellaneous DIVISION B—SURFACE TRANSPORTATION
Sec. 11114. National highway freight program. Sec. 11501. Additional deposits into Highway INVESTMENT ACT OF 2021
Sec. 11115. Congestion mitigation and air qual- Trust Fund. Sec. 20001. Short title.
ity improvement program. Sec. 11502. Stopping threats on pedestrians. Sec. 20002. Definitions.
Sec. 11116. Alaska Highway. Sec. 11503. Transfer and sale of toll credits. TITLE I—MULTIMODAL AND FREIGHT
Sec. 11117. Toll roads, bridges, tunnels, and fer- Sec. 11504. Study of impacts on roads from self- TRANSPORTATION
ries. driving vehicles.
Sec. 11118. Bridge investment program. Subtitle A—Multimodal Freight Policy
Sec. 11505. Disaster relief mobilization study.
Sec. 11119. Safe routes to school. Sec. 11506. Appalachian Regional Commission. Sec. 21101. Office of Multimodal Freight Infra-
Sec. 11120. Highway use tax evasion projects. Sec. 11507. Denali Commission. structure and Policy.
Sec. 11121. Construction of ferry boats and Sec. 11508. Requirements for transportation Sec. 21102. Updates to National Freight Plan.
ferry terminal facilities. projects carried out through pub- Sec. 21103. State collaboration with National
Sec. 11122. Vulnerable road user research. lic-private partnerships. Multimodal Freight Network.
Sec. 11123. Wildlife crossing safety. Sec. 21104. Improving State freight plans.
Sec. 11509. Reconnecting communities pilot pro-
Sec. 11124. Consolidation of programs. Sec. 21105. Implementation of National
gram.
Sec. 11125. GAO report. Multimodal Freight Network.
Sec. 11510. Cybersecurity tool; cyber coordi-
Sec. 11126. Territorial and Puerto Rico highway Sec. 21106. Multi-State freight corridor plan-
nator.
program. ning.
Sec. 11511. Report on emerging alternative fuel
Sec. 11127. Nationally significant Federal lands Sec. 21107. State freight advisory committees.
vehicles and infrastructure.
and Tribal projects program. Subtitle B—Multimodal Investment
Sec. 11512. Nonhighway recreational fuel study.
Sec. 11128. Tribal high priority projects pro- Sec. 21201. National infrastructure project as-
Sec. 11513. Buy America.
gram. sistance.
Sec. 11514. High priority corridors on the Na-
Sec. 11129. Standards. Sec. 21202. Local and regional project assist-
tional Highway System.
Sec. 11130. Public transportation. ance.
Sec. 11515. Interstate weight limits.
Sec. 11131. Reservation of certain funds. Sec. 21203. National culvert removal, replace-
Sec. 11516. Report on air quality improvements.
Sec. 11132. Rural surface transportation grant ment, and restoration grant pro-
Sec. 11517. Roadside highway safety hardware.
program. gram.
Sec. 11518. Permeable pavements study.
Sec. 11133. Bicycle transportation and pedes- Sec. 21204. National multimodal cooperative
Sec. 11519. Emergency relief projects.
trian walkways. freight research program.
Sec. 11520. Study on stormwater best manage-
Sec. 11134. Recreational trails program. Sec. 21205. Rural and Tribal infrastructure ad-
ment practices.
Sec. 11135. Updates to Manual on Uniform vancement.
Sec. 11521. Stormwater best management prac-
Traffic Control Devices.
tices reports. Subtitle C—Railroad Rehabilitation and
Subtitle B—Planning and Performance Sec. 11522. Invasive plant elimination program. Improvement Financing Reforms
Management Sec. 11523. Over-the-road bus tolling equity. Sec. 21301. RRIF codification and reforms.
Sec. 11201. Transportation planning. Sec. 11524. Bridge terminology. Sec. 21302. Substantive criteria and standards.
Sec. 11202. Fiscal constraint on long-range Sec. 11525. Technical corrections. Sec. 21303. Semiannual report on transit-ori-
transportation plans. Sec. 11526. Working group on covered resources. ented development eligibility.
Sec. 11203. State human capital plans. Sec. 11527. Blood transport vehicles.
Sec. 11204. Prioritization process pilot program. TITLE II—RAIL
Sec. 11528. Pollinator-friendly practices on
Sec. 11205. Travel demand data and modeling. roadsides and highway rights-of- Sec. 22001. Short title.
Sec. 11206. Increasing safe and accessible trans- way. Subtitle A—Authorization of Appropriations
portation options. Sec. 11529. Active transportation infrastructure Sec. 22101. Grants to Amtrak.
Subtitle C—Project Delivery and Process investment program. Sec. 22102. Federal Railroad Administration.
Improvement Sec. 11530. Highway cost allocation study. Sec. 22103. Consolidated rail infrastructure and
Sec. 11301. Codification of One Federal Deci- TITLE II—TRANSPORTATION INFRASTRUC- safety improvements grants.
sion. TURE FINANCE AND INNOVATION Sec. 22104. Railroad crossing elimination pro-
Sec. 11302. Work zone process reviews. Sec. 12001. Transportation Infrastructure Fi- gram.
Sec. 11303. Transportation management plans. Sec. 22105. Restoration and enhancement
nance and Innovation Act of 1998
Sec. 11304. Intelligent transportation systems. grants.
amendments.
Sec. 11305. Alternative contracting methods. Sec. 22106. Federal-State partnership for inter-
Sec. 12002. Federal requirements for TIFIA eli-
Sec. 11306. Flexibility for projects. city passenger rail grants.
gibility and project selection.
Sec. 11307. Improved Federal-State stewardship Sec. 22107. Amtrak Office of Inspector General.
TITLE III—RESEARCH, TECHNOLOGY, AND
and oversight agreements. Subtitle B—Amtrak Reforms
EDUCATION
Sec. 11308. Geomatic data. Sec. 22201. Amtrak findings, mission, and goals.
Sec. 11309. Evaluation of projects within an Sec. 13001. Strategic innovation for revenue col- Sec. 22202. Composition of Amtrak’s Board of
operational right-of-way. lection. Directors.
Sec. 11310. Preliminary engineering. Sec. 13002. National motor vehicle per-mile user Sec. 22203. Station agents.
Sec. 11311. Efficient implementation of NEPA fee pilot. Sec. 22204. Increasing oversight of changes to
for Federal land management Sec. 13003. Performance management data sup- Amtrak long-distance routes and
projects. port program. other intercity services.
Sec. 11312. National Environmental Policy Act Sec. 13004. Data integration pilot program. Sec. 22205. Improved oversight of Amtrak ac-
of 1969 reporting program. Sec. 13005. Emerging technology research pilot counting.
Sec. 11313. Surface transportation project deliv- program. Sec. 22206. Improved oversight of Amtrak
ery program written agreements. Sec. 13006. Research and technology develop- spending.
Sec. 11314. State assumption of responsibility ment and deployment. Sec. 22207. Increasing service line and asset line
for categorical exclusions. Sec. 13007. Workforce development, training, plan transparency.
Sec. 11315. Early utility relocation prior to and education. Sec. 22208. Passenger experience enhancement.
transportation project environ- Sec. 13008. Wildlife-vehicle collision research. Sec. 22209. Amtrak smoking policy.
mental review. Sec. 13009. Transportation Resilience and Ad- Sec. 22210. Protecting Amtrak routes through
Sec. 11316. Streamlining of section 4(f) reviews. aptation Centers of Excellence. rural communities.
Sec. 11317. Categorical exclusion for projects of Sec. 13010. Transportation access pilot program. Sec. 22211. State-Supported Route Committee.
limited Federal assistance. TITLE IV—INDIAN AFFAIRS Sec. 22212. Enhancing cross border service.
Sec. 11318. Certain gathering lines located on Sec. 14001. Definition of Secretary. Sec. 22213. Creating quality jobs.
Federal land and Indian land. Sec. 14002. Environmental reviews for certain Sec. 22214. Amtrak daily long-distance service
Sec. 11319. Annual report. tribal transportation facilities. study.
Subtitle D—Climate Change Sec. 14003. Programmatic agreements for tribal Subtitle C—Intercity Passenger Rail Policy
Sec. 11401. Grants for charging and fueling in- categorical exclusions. Sec. 22301. Northeast Corridor planning.
frastructure. Sec. 14004. Use of certain tribal transportation Sec. 22302. Northeast Corridor Commission.
Sec. 11402. Reduction of truck emissions at port funds. Sec. 22303. Consolidated rail infrastructure and
facilities. Sec. 14005. Bureau of Indian Affairs road main- safety improvements.
ctelli on DSK11ZRN23PROD with HOUSE
Sec. 11403. Carbon reduction program. tenance program. Sec. 22304. Restoration and enhancement
Sec. 11404. Congestion relief program. Sec. 14006. Study of road maintenance on In- grants.
Sec. 11405. Promoting Resilient Operations for dian land. Sec. 22305. Railroad crossing elimination pro-
Transformative, Efficient, and Sec. 14007. Maintenance of certain Indian res- gram.
Cost-saving Transportation ervation roads. Sec. 22306. Interstate rail compacts.
(PROTECT) program. Sec. 14008. Tribal transportation safety needs. Sec. 22307. Federal-State partnership for inter-
Sec. 11406. Healthy Streets program. Sec. 14009. Office of Tribal Government Affairs. city passenger rail grants.
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H5184 CONGRESSIONAL RECORD — HOUSE September 27, 2021
Sec. 22308. Corridor identification and develop- Sec. 23022. Apprenticeship pilot program. Sec. 25017. University transportation centers
ment program. Sec. 23023. Limousine compliance with Federal program.
Sec. 22309. Surface Transportation Board pas- safety standards. Sec. 25018. National travel and tourism infra-
senger rail program. TITLE IV—HIGHWAY AND MOTOR VEHICLE structure strategic plan.
Subtitle D—Rail Safety SAFETY Sec. 25019. Local hiring preference for construc-
Sec. 22401. Railway-highway crossings program tion jobs.
Subtitle A—Highway Traffic Safety
Sec. 25020. Transportation workforce develop-
evaluation. Sec. 24101. Authorization of appropriations.
Sec. 22402. Grade crossing accident prediction ment.
Sec. 24102. Highway safety programs. Sec. 25021. Intermodal Transportation Advisory
model. Sec. 24103. Highway safety research and devel-
Sec. 22403. Periodic updates to highway-rail Board repeal.
opment. Sec. 25022. GAO cybersecurity recommenda-
crossing reports and plans. Sec. 24104. High-visibility enforcement pro-
Sec. 22404. Blocked crossing portal. tions.
grams. Sec. 25023. Volpe oversight.
Sec. 22405. Data accessibility. Sec. 24105. National priority safety programs.
Sec. 22406. Emergency lighting. Sec. 25024. Modifications to grant program.
Sec. 24106. Multiple substance-impaired driving Sec. 25025. Drug-impaired driving data collec-
Sec. 22407. Comprehensive rail safety review of
prevention. tion.
Amtrak.
Sec. 24107. Minimum penalties for repeat of- Sec. 25026. Report on marijuana research.
Sec. 22408. Completion of hours of service and
fenders for driving while intoxi- Sec. 25027. GAO study on improving the effi-
fatigue studies.
cated or driving under the influ- ciency of traffic systems.
Sec. 22409. Positive train control study.
Sec. 22410. Operating crew member training, ence. TITLE VI—HAZARDOUS MATERIALS
qualification, and certification. Sec. 24108. Crash data.
Sec. 24109. Review of Move Over or Slow Down Sec. 26001. Authorization of appropriations.
Sec. 22411. Transparency and safety. Sec. 26002. Assistance for local emergency re-
Sec. 22412. Research and development. Law public awareness.
Sec. 24110. Review of laws, safety measures, sponse training grant program.
Sec. 22413. Rail research and development cen- Sec. 26003. Real-time emergency response infor-
ter of excellence. and technologies relating to
mation.
Sec. 22414. Quarterly report on positive train school buses.
Sec. 24111. Motorcyclist Advisory Council. TITLE VII—GENERAL PROVISIONS
control system performance.
Sec. 22415. Speed limit action plans. Sec. 24112. Safe Streets and Roads for All grant Sec. 27001. Performance measurement, trans-
Sec. 22416. New passenger service pre-revenue program. parency, and accountability.
safety validation plan. Sec. 24113. Implementation of GAO rec- Sec. 27002. Coordination regarding forced labor.
Sec. 22417. Federal Railroad Administration ac- ommendations. Sec. 27003. Department of Transportation spec-
cident and incident investiga- Subtitle B—Vehicle Safety trum audit.
tions. Sec. 27004. Study and reports on the travel and
Sec. 24201. Authorization of appropriations.
Sec. 22418. Civil penalty enforcement authority. tourism activities of the Depart-
Sec. 24202. Recall completion.
Sec. 22419. Advancing safety and innovative ment.
Sec. 24203. Recall engagement.
technology. Sec. 24204. Motor vehicle seat back safety TITLE VIII—SPORT FISH RESTORATION
Sec. 22420. Passenger rail vehicle occupant pro- standards. AND RECREATIONAL BOATING SAFETY
tection systems. Sec. 24205. Automatic shutoff. Sec. 28001. Sport fish restoration and rec-
Sec. 22421. Federal Railroad Administration re- Sec. 24206. Petitions by interested persons for reational boating safety.
porting requirements. standards and enforcement.
Sec. 22422. National Academies study on trains DIVISION C—TRANSIT
Sec. 24207. Child safety seat accessibility study.
longer than 7,500 feet. Sec. 30001. Definitions.
Sec. 24208. Crash avoidance technology.
Sec. 22423. High-speed train noise emissions. Sec. 30002. Metropolitan transportation plan-
Sec. 24209. Reduction of driver distraction.
Sec. 22424. Critical incident stress plans. ning.
Sec. 24210. Rulemaking report.
Sec. 22425. Requirements for railroad freight Sec. 30003. Statewide and nonmetropolitan
Sec. 24211. Global harmonization.
cars placed into service in the transportation planning.
Sec. 24212. Headlamps.
United States. Sec. 30004. Planning programs.
Sec. 24213. New Car Assessment Program.
Sec. 22426. Railroad point of contact for public Sec. 30005. Fixed guideway capital investment
Sec. 24214. Hood and bumper standards.
safety issues. grants.
Sec. 24215. Emergency medical services and 9–1–
Sec. 22427. Controlled substances testing for me- Sec. 30006. Formula grants for rural areas.
1. Sec. 30007. Public transportation innovation.
chanical employees. Sec. 24216. Early warning reporting.
TITLE III—MOTOR CARRIER SAFETY Sec. 30008. Bus testing facilities.
Sec. 24217. Improved vehicle safety databases. Sec. 30009. Transit-oriented development.
Sec. 23001. Authorization of appropriations. Sec. 24218. National Driver Register Advisory Sec. 30010. General provisions.
Sec. 23002. Motor carrier safety advisory com- Committee repeal. Sec. 30011. Public transportation emergency re-
mittee. Sec. 24219. Research on connected vehicle tech- lief program.
Sec. 23003. Combating human trafficking. nology. Sec. 30012. Public transportation safety pro-
Sec. 23004. Immobilization grant program. Sec. 24220. Advanced impaired driving tech- gram.
Sec. 23005. Commercial motor vehicle enforce- nology. Sec. 30013. Administrative provisions.
ment training and support. Sec. 24221. GAO report on crash dummies. Sec. 30014. National transit database.
Sec. 23006. Study of commercial motor vehicle Sec. 24222. Child safety. Sec. 30015. Apportionment of appropriations for
crash causation. TITLE V—RESEARCH AND INNOVATION
Sec. 23007. Promoting women in the trucking formula grants.
workforce. Sec. 25001. Intelligent Transportation Systems Sec. 30016. State of good repair grants.
Sec. 23008. State inspection of passenger-car- Program Advisory Committee. Sec. 30017. Authorizations.
rying commercial motor vehicles. Sec. 25002. Smart Community Resource Center. Sec. 30018. Grants for buses and bus facilities.
Sec. 23009. Truck Leasing Task Force. Sec. 25003. Federal support for local decision- Sec. 30019. Washington Metropolitan Area
Sec. 23010. Automatic emergency braking. making. Transit Authority safety, ac-
Sec. 23011. Underride protection. Sec. 25004. Bureau of Transportation Statistics. countability, and investment.
Sec. 23012. Providers of recreational activities. Sec. 25005. Strengthening mobility and revolu- DIVISION D—ENERGY
Sec. 23013. Amendments to regulations relating tionizing transportation grant Sec. 40001. Definitions.
to transportation of household program.
Sec. 25006. Electric vehicle working group. TITLE I—GRID INFRASTRUCTURE AND
goods in interstate commerce. RESILIENCY
Sec. 23014. Improving Federal-State motor car- Sec. 25007. Risk and system resilience.
rier safety enforcement coordina- Sec. 25008. Coordination on emerging transpor- Subtitle A—Grid Infrastructure Resilience and
tion. tation technology. Reliability
Sec. 23015. Limousine research. Sec. 25009. Interagency Infrastructure Permit- Sec. 40101. Preventing outages and enhancing
Sec. 23016. National Consumer Complaint Data- ting Improvement Center. the resilience of the electric grid.
base. Sec. 25010. Rural opportunities to use transpor- Sec. 40102. Hazard mitigation using disaster as-
Sec. 23017. Electronic logging device oversight. tation for economic success initia- sistance.
Sec. 23018. Transportation of agricultural com- tive. Sec. 40103. Electric grid reliability and resil-
modities and farm supplies. Sec. 25011. Safety data initiative. ience research, development, and
ctelli on DSK11ZRN23PROD with HOUSE
Sec. 23019. Modification of restrictions on cer- Sec. 25012. Advanced transportation research. demonstration.
tain commercial driver’s licenses. Sec. 25013. Open research initiative. Sec. 40104. Utility demand response.
Sec. 23020. Report on human trafficking viola- Sec. 25014. Transportation research and devel- Sec. 40105. Siting of interstate electric trans-
tions involving commercial motor opment 5-year strategic plan. mission facilities.
vehicles. Sec. 25015. Research planning modifications. Sec. 40106. Transmission facilitation program.
Sec. 23021. Broker guidance relating to Federal Sec. 25016. Incorporation of Department of Sec. 40107. Deployment of technologies to en-
motor carrier safety regulations. Transportation research. hance grid flexibility.
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September 27, 2021 CONGRESSIONAL RECORD — HOUSE H5185
Sec. 40108. State energy security plans. Sec. 40332. Hydroelectric efficiency improve- Sec. 40522. Sustainable manufacturing initia-
Sec. 40109. State energy program. ment incentives. tive.
Sec. 40110. Power marketing administration Sec. 40333. Maintaining and enhancing PART II—SMART MANUFACTURING
transmission borrowing authority. hydroelectricity incentives. Sec. 40531. Definitions.
Sec. 40111. Study of codes and standards for Sec. 40334. Pumped storage hydropower wind Sec. 40532. Leveraging existing agency pro-
use of energy storage systems and solar integration and system grams to assist small and medium
across sectors. reliability initiative. manufacturers.
Sec. 40112. Demonstration of electric vehicle Sec. 40335. Authority for pumped storage hy-
Sec. 40533. Leveraging smart manufacturing in-
battery second-life applications dropower development using mul-
frastructure at National Labora-
for grid services. tiple Bureau of Reclamation res-
tories.
Sec. 40113. Columbia Basin power management. ervoirs. Sec. 40534. State manufacturing leadership.
Sec. 40336. Limitations on issuance of certain Sec. 40535. Report.
Subtitle B—Cybersecurity leases of power privilege.
Sec. 40121. Enhancing grid security through Subtitle D—Schools and Nonprofits
Subtitle E—Miscellaneous
public-private partnerships. Sec. 40541. Grants for energy efficiency im-
Sec. 40341. Solar energy technologies on current provements and renewable energy
Sec. 40122. Energy Cyber Sense program. and former mine land.
Sec. 40123. Incentives for advanced cybersecu- improvements at public school fa-
Sec. 40342. Clean energy demonstration pro-
rity technology investment. cilities.
gram on current and former mine Sec. 40542. Energy efficiency materials pilot
Sec. 40124. Rural and municipal utility ad- land.
vanced cybersecurity grant and program.
Sec. 40343. Leases, easements, and rights-of-
technical assistance program. way for energy and related pur- Subtitle E—Miscellaneous
Sec. 40125. Enhanced grid security. poses on the outer Continental Sec. 40551. Weatherization assistance program.
Sec. 40126. Cybersecurity plan. Shelf. Sec. 40552. Energy Efficiency and Conservation
Sec. 40127. Savings provision. TITLE IV—ENABLING ENERGY INFRA- Block Grant Program.
TITLE II—SUPPLY CHAINS FOR CLEAN STRUCTURE INVESTMENT AND DATA Sec. 40553. Survey, analysis, and report on em-
ENERGY TECHNOLOGIES COLLECTION ployment and demographics in the
energy, energy efficiency, and
Sec. 40201. Earth Mapping Resources Initiative. Subtitle A—Department of Energy Loan motor vehicle sectors of the
Sec. 40202. National Cooperative Geologic Map- Program United States.
ping Program. Sec. 40401. Department of Energy loan pro- Sec. 40554. Assisting Federal Facilities with En-
Sec. 40203. National Geological and Geo- grams. ergy Conservation Technologies
physical Data Preservation Pro- Subtitle B—Energy Information Administration grant program.
gram. Sec. 40555. Rebates.
Sec. 40411. Definitions.
Sec. 40204. USGS energy and minerals research Sec. 40412. Data collection in the electricity sec- Sec. 40556. Model guidance for combined heat
facility. tor. and power systems and waste
Sec. 40205. Rare earth elements demonstration Sec. 40413. Expansion of energy consumption heat to power systems.
facility. surveys. TITLE VI—METHANE REDUCTION
Sec. 40206. Critical minerals supply chains and Sec. 40414. Data collection on electric vehicle INFRASTRUCTURE
reliability. integration with the electricity Sec. 40601. Orphaned well site plugging, remedi-
Sec. 40207. Battery processing and manufac- grids. ation, and restoration.
turing. Sec. 40415. Plan for the modeling and fore-
Sec. 40208. Electric drive vehicle battery recy- casting of demand for minerals TITLE VII—ABANDONED MINE LAND
cling and second-life applications used in the energy sector. RECLAMATION
program. Sec. 40416. Expansion of international energy Sec. 40701. Abandoned Mine Reclamation Fund
Sec. 40209. Advanced energy manufacturing data. authorization of appropriations.
and recycling grant program. Sec. 40417. Plan for the National Energy Mod- Sec. 40702. Abandoned mine reclamation fee.
Sec. 40210. Critical minerals mining and recy- eling System. Sec. 40703. Amounts distributed from Aban-
cling research. Sec. 40418. Report on costs of carbon abatement doned Mine Reclamation Fund.
Sec. 40211. 21st Century Energy Workforce in the electricity sector. Sec. 40704. Abandoned hardrock mine reclama-
Advisory Board. Sec. 40419. Harmonization of efforts and data. tion.
Subtitle C—Miscellaneous TITLE VIII—NATURAL RESOURCES-RE-
TITLE III—FUELS AND TECHNOLOGY
INFRASTRUCTURE INVESTMENTS Sec. 40431. Consideration of measures to pro- LATED INFRASTRUCTURE, WILDFIRE
mote greater electrification of the MANAGEMENT, AND ECOSYSTEM RES-
Subtitle A—Carbon Capture, Utilization, TORATION
transportation sector.
Storage, and Transportation Infrastructure Sec. 40432. Office of public participation. Sec. 40801. Forest Service Legacy Road and
Sec. 40301. Findings. Sec. 40433. Digital climate solutions report. Trail Remediation Program.
Sec. 40302. Carbon utilization program. Sec. 40434. Study and report by the Secretary of Sec. 40802. Study and report on feasibility of re-
Sec. 40303. Carbon capture technology program. Energy on job loss and impacts on vegetating reclaimed mine sites.
Sec. 40304. Carbon dioxide transportation infra- consumer energy costs due to the Sec. 40803. Wildfire risk reduction.
structure finance and innovation. revocation of the permit for the Sec. 40804. Ecosystem restoration.
Sec. 40305. Carbon storage validation and test- Keystone XL pipeline. Sec. 40805. GAO study.
ing. Sec. 40435. Study on impact of electric vehicles. Sec. 40806. Establishment of fuel breaks in for-
Sec. 40306. Secure geologic storage permitting. Sec. 40436. Study on impact of forced labor in ests and other wildland vegeta-
Sec. 40307. Geologic carbon sequestration on the China on the electric vehicle sup- tion.
outer Continental Shelf. ply chain. Sec. 40807. Emergency actions.
Sec. 40308. Carbon removal. TITLE V—ENERGY EFFICIENCY AND Sec. 40808. Joint Chiefs Landscape Restoration
BUILDING INFRASTRUCTURE Partnership program.
Subtitle B—Hydrogen Research and
Development Subtitle A—Residential and Commercial Energy TITLE IX—WESTERN WATER
Efficiency INFRASTRUCTURE
Sec. 40311. Findings; purpose.
Sec. 40312. Definitions. Sec. 40501. Definitions. Sec. 40901. Authorizations of appropriations.
Sec. 40502. Energy efficiency revolving loan Sec. 40902. Water storage, groundwater storage,
Sec. 40313. Clean hydrogen research and devel-
fund capitalization grant pro- and conveyance projects.
opment program.
gram. Sec. 40903. Small water storage and ground-
Sec. 40314. Additional clean hydrogen pro-
Sec. 40503. Energy auditor training grant pro- water storage projects.
grams. Sec. 40904. Critical maintenance and repair.
gram.
Sec. 40315. Clean hydrogen production quali- Sec. 40905. Competitive grant program for large-
fications. Subtitle B—Buildings
scale water recycling and reuse
Sec. 40511. Cost-effective codes implementation
Subtitle C—Nuclear Energy Infrastructure program.
for efficiency and resilience.
Sec. 40321. Infrastructure planning for micro Sec. 40906. Drought contingency plan funding
Sec. 40512. Building, training, and assessment
and small modular nuclear reac- requirements.
centers.
tors. Sec. 40907. Multi-benefit projects to improve
Sec. 40513. Career skills training.
Sec. 40322. Property interests relating to certain Sec. 40514. Commercial building energy con- watershed health.
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projects and protection of infor- Sec. 40908. Eligible desalination projects.
sumption information sharing.
Sec. 40909. Clarification of authority to use
mation relating to certain agree- Subtitle C—Industrial Energy Efficiency coronavirus fiscal recovery funds
ments. PART I—INDUSTRY to meet a non-Federal matching
Sec. 40323. Civil nuclear credit program.
Sec. 40521. Future of industry program and in- requirement for authorized Bu-
Subtitle D—Hydropower dustrial research and assessment reau of Reclamation water
Sec. 40331. Hydroelectric production incentives. centers. projects.
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H5186 CONGRESSIONAL RECORD — HOUSE September 27, 2021
Sec. 40910. Federal assistance for groundwater Sec. 50211. Water infrastructure and workforce TITLE III—REFORESTATION
recharge, aquifer storage, and investment. Sec. 70301. Short title.
water source substitution projects. Sec. 50212. Grants to Alaska to improve sanita- Sec. 70302. Reforestation following wildfires
TITLE X—AUTHORIZATION OF APPRO- tion in rural and Native villages. and other unplanned events.
PRIATIONS FOR ENERGY ACT OF 2020 Sec. 50213. Water data sharing pilot program. Sec. 70303. Report.
Sec. 50214. Final rating opinion letters.
Sec. 41001. Energy storage demonstration TITLE IV—RECYCLING PRACTICES
Sec. 50215. Water infrastructure financing re-
projects. Sec. 70401. Best practices for battery recycling
authorization.
Sec. 41002. Advanced reactor demonstration and labeling guidelines.
Sec. 50216. Small and disadvantaged community
program. Sec. 70402. Consumer recycling education and
analysis.
Sec. 41003. Mineral security projects. outreach grant program; Federal
Sec. 50217. Stormwater infrastructure tech-
Sec. 41004. Carbon capture demonstration and procurement.
nology.
pilot programs.
Sec. 41005. Direct air capture technologies prize Sec. 50218. Water Reuse Interagency Working TITLE V—BIOPRODUCT PILOT PROGRAM
competitions. Group. Sec. 70501. Pilot program on use of agricultural
Sec. 41006. Water power projects. Sec. 50219. Advanced clean water technologies commodities in construction and
Sec. 41007. Renewable energy projects. study. consumer products.
Sec. 41008. Industrial emissions demonstration Sec. 50220. Clean watersheds needs survey.
Sec. 50221. Water Resources Research Act TITLE VI—CYBERSECURITY
projects.
amendments. Subtitle A—Cyber Response and Recovery Act
TITLE XI—WAGE RATE REQUIREMENTS Sec. 50222. Enhanced aquifer use and recharge. Sec. 70601. Short title.
Sec. 41101. Wage rate requirements. DIVISION F—BROADBAND Sec. 70602. Declaration of a significant inci-
TITLE XII—MISCELLANEOUS TITLE I—BROADBAND GRANTS FOR dent.
Sec. 41201. Office of Clean Energy Demonstra- STATES, DISTRICT OF COLUMBIA, PUER- Subtitle B—State and Local Cybersecurity
tions. TO RICO, AND TERRITORIES Improvement Act
Sec. 41202. Extension of Secure Rural Schools Sec. 60101. Findings. Sec. 70611. Short title.
and Community Self-Determina- Sec. 60102. Grants for broadband deployment. Sec. 70612. State and Local Cybersecurity Grant
tion Act of 2000. Sec. 60103. Broadband DATA maps. Program.
DIVISION E—DRINKING WATER AND Sec. 60104. Report on future of Universal Serv- TITLE VII—PUBLIC-PRIVATE
WASTEWATER INFRASTRUCTURE ice Fund. PARTNERSHIPS
Sec. 50001. Short title. Sec. 60105. Broadband deployment locations
Sec. 70701. Value for money analysis.
Sec. 50002. Definition of Administrator. map.
TITLE VIII—FEDERAL PERMITTING
TITLE I—DRINKING WATER TITLE II—TRIBAL CONNECTIVITY
IMPROVEMENT
Sec. 50101. Technical assistance and grants for TECHNICAL AMENDMENTS.
Sec. 70801. Federal permitting improvement.
emergencies affecting public water Sec. 60201. Tribal connectivity technical amend-
systems. ments. TITLE IX—BUILD AMERICA, BUY AMERICA
Sec. 50102. Drinking water State revolving loan TITLE III—DIGITAL EQUITY ACT OF 2021 Subtitle A—Build America, Buy America
funds. Sec. 70901. Short title.
Sec. 60301. Short title.
Sec. 50103. Source water petition program.
Sec. 60302. Definitions. PART I—BUY AMERICA SOURCING
Sec. 50104. Assistance for small and disadvan-
Sec. 60303. Sense of Congress. REQUIREMENTS
taged communities.
Sec. 60304. State Digital Equity Capacity Grant Sec. 70911. Findings.
Sec. 50105. Reducing lead in drinking water.
Program. Sec. 70912. Definitions.
Sec. 50106. Operational sustainability of small
Sec. 60305. Digital Equity Competitive Grant Sec. 70913. Identification of deficient programs.
public water systems.
Program. Sec. 70914. Application of Buy America pref-
Sec. 50107. Midsize and large drinking water
Sec. 60306. Policy research, data collection, erence.
system infrastructure resilience
analysis and modeling, evalua- Sec. 70915. OMB guidance and standards.
and sustainability program.
tion, and dissemination. Sec. 70916. Technical assistance partnership
Sec. 50108. Needs assessment for nationwide
Sec. 60307. General provisions. and consultation supporting De-
rural and urban low-income com-
munity water assistance. TITLE IV—ENABLING MIDDLE MILE partment of Transportation Buy
Sec. 50109. Rural and low-income water assist- BROADBAND INFRASTRUCTURE America requirements.
ance pilot program. Sec. 60401. Enabling middle mile broadband in- Sec. 70917. Application.
Sec. 50110. Lead contamination in school drink- frastructure. PART II—MAKE IT IN AMERICA
ing water. TITLE V—BROADBAND AFFORDABILITY Sec. 70921. Regulations relating to Buy Amer-
Sec. 50111. Indian reservation drinking water ican Act.
Sec. 60501. Definitions.
program. Sec. 70922. Amendments relating to Buy Amer-
Sec. 50112. Advanced drinking water tech- Sec. 60502. Broadband affordability.
Sec. 60503. Coordination with certain other ican Act.
nologies. Sec. 70923. Made in America Office.
Sec. 50113. Cybersecurity support for public Federal agencies.
Sec. 60504. Adoption of consumer broadband la- Sec. 70924. Hollings Manufacturing Extension
water systems. Partnership activities.
Sec. 50114. State response to contaminants. bels.
Sec. 60505. GAO report. Sec. 70925. United States obligations under
Sec. 50115. Annual study on boil water international agreements.
advisories. Sec. 60506. Digital discrimination.
Sec. 70926. Definitions.
TITLE II—CLEAN WATER TITLE VI—TELECOMMUNICATIONS
Sec. 70927. Prospective amendments to internal
INDUSTRY WORKFORCE
Sec. 50201. Research, investigations, training, cross-references.
and information. Sec. 60601. Short title.
Subtitle B—BuyAmerican.gov
Sec. 50202. Wastewater efficiency grant pilot Sec. 60602. Telecommunications interagency
working group. Sec. 70931. Short title.
program. Sec. 70932. Definitions.
Sec. 50203. Pilot program for alternative water Sec. 60603. Telecommunications workforce guid-
ance. Sec. 70933. Sense of Congress on buying Amer-
source projects. ican.
Sec. 50204. Sewer overflow and stormwater Sec. 60604. GAO assessment of workforce needs
of the telecommunications indus- Sec. 70934. Assessment of impact of free trade
reuse municipal grants. agreements.
Sec. 50205. Clean water infrastructure resil- try.
Sec. 70935. Judicious use of waivers.
iency and sustainability program. DIVISION G—OTHER AUTHORIZATIONS
Sec. 70936. Establishment of BuyAmerican.gov
Sec. 50206. Small and medium publicly owned TITLE I—INDIAN WATER RIGHTS website.
treatment works circuit rider pro- SETTLEMENT COMPLETION FUND Sec. 70937. Waiver Transparency and Stream-
gram.
Sec. 70101. Indian Water Rights Settlement lining for contracts.
Sec. 50207. Small publicly owned treatment
Completion Fund. Sec. 70938. Comptroller General report.
works efficiency grant program.
TITLE II—WILDFIRE MITIGATION Sec. 70939. Rules of construction.
Sec. 50208. Grants for construction and refur-
Sec. 70940. Consistency with international
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bishing of individual household Sec. 70201. Short title.
agreements.
decentralized wastewater systems Sec. 70202. Definitions.
Sec. 70941. Prospective amendments to internal
for individuals with low or mod- Sec. 70203. Establishment of Commission.
cross-references.
erate income. Sec. 70204. Duties of Commission.
Sec. 50209. Connection to publicly owned treat- Sec. 70205. Powers of Commission. Subtitle C—Make PPE in America
ment works. Sec. 70206. Commission personnel matters. Sec. 70951. Short title.
Sec. 50210. Clean water State revolving funds. Sec. 70207. Termination of Commission. Sec. 70952. Findings.
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September 27, 2021 CONGRESSIONAL RECORD — HOUSE H5187
Sec. 70953. Requirement of long-term contracts DIVISION J—APPROPRIATIONS Sec. 100704. Review and report by Comptroller
for domestically manufactured TITLE I—AGRICULTURE, RURAL DEVELOP- General.
personal protective equipment. MENT, FOOD AND DRUG ADMINISTRA- Sec. 100705. Biannual reports; recommenda-
TITLE X—ASSET CONCESSIONS TION, AND RELATED AGENCIES tions.
Sec. 100706. Separability.
Sec. 71001. Asset concessions. TITLE II—COMMERCE, JUSTICE, SCIENCE,
Sec. 100707. Executive Order 11625.
TITLE XI—CLEAN SCHOOL BUSES AND AND RELATED AGENCIES
Sec. 100708. Authorization of appropriations.
FERRIES TITLE III—ENERGY AND WATER SEC. 2. REFERENCES.
Sec. 71101. Clean school bus program. DEVELOPMENT AND RELATED AGENCIES Except as expressly provided otherwise, any
Sec. 71102. Electric or low-emitting ferry pilot TITLE IV—FINANCIAL SERVICES AND reference to ‘‘this Act’’ contained in any divi-
program. GENERAL GOVERNMENT sion of this Act shall be treated as referring only
Sec. 71103. Ferry service for rural communities. TITLE V—DEPARTMENT OF HOMELAND to the provisions of that division.
Sec. 71104. Expanding the funding authority SECURITY
for renovating, constructing, and DIVISION A—SURFACE TRANSPORTATION
expanding certain facilities. TITLE VI—DEPARTMENT OF THE INTE- SEC. 10001. SHORT TITLE.
RIOR, ENVIRONMENT, AND RELATED This division may be cited as the ‘‘Surface
DIVISION H—REVENUE PROVISIONS
AGENCIES Transportation Reauthorization Act of 2021’’.
TITLE I—HIGHWAY TRUST FUND
TITLE VII—LABOR, HEALTH AND HUMAN SEC. 10002. DEFINITIONS.
Sec. 80101. Extension of Highway Trust Fund SERVICES, AND EDUCATION, AND RE- In this division:
expenditure authority. LATED AGENCIES (1) DEPARTMENT.—The term ‘‘Department’’
Sec. 80102. Extension of highway-related taxes.
TITLE VIII—TRANSPORTATION, HOUSING means the Department of Transportation.
Sec. 80103. Further additional transfers to trust
AND URBAN DEVELOPMENT, AND RE- (2) SECRETARY.—The term ‘‘Secretary’’ means
fund.
LATED AGENCIES the Secretary of Transportation.
TITLE II—CHEMICAL SUPERFUND SEC. 10003. EFFECTIVE DATE.
TITLE IX—GENERAL PROVISIONS—THIS
Sec. 80201. Extension and modification of cer- DIVISION Except as otherwise provided, this division
tain superfund excise taxes. and the amendments made by this division take
DIVISION K—MINORITY BUSINESS
TITLE III—CUSTOMS USER FEES DEVELOPMENT effect on October 1, 2021.
Sec. 80301. Extension of customs user fees. Sec. 100001. Short title. TITLE I—FEDERAL-AID HIGHWAYS
TITLE IV—BOND PROVISIONS Sec. 100002. Definitions. Subtitle A—Authorizations and Programs
Sec. 80401. Private activity bonds for qualified Sec. 100003. Minority Business Development SEC. 11101.
AUTHORIZATION OF APPROPRIA-
broadband projects. Agency. TIONS.
Sec. 80402. Carbon dioxide capture facilities. TITLE I—EXISTING INITIATIVES (a) IN GENERAL.—The following amounts are
Sec. 80403. Increase in national limitation authorized to be appropriated out of the High-
Subtitle A—Market Development, Research, and
amount for qualified highway or way Trust Fund (other than the Mass Transit
Information
surface freight transportation fa- Account):
cilities. Sec. 100101. Private sector development.
(1) FEDERAL-AID HIGHWAY PROGRAM.—For the
Sec. 100102. Public sector development.
TITLE V—RELIEF FOR TAXPAYERS AF- national highway performance program under
Sec. 100103. Research and information.
FECTED BY DISASTERS OR OTHER CRIT- section 119 of title 23, United States Code, the
ICAL EVENTS Subtitle B—Minority Business Development surface transportation block grant program
Agency Business Center Program under section 133 of that title, the highway safe-
Sec. 80501. Modification of automatic extension
of certain deadlines in the case of Sec. 100111. Definition. ty improvement program under section 148 of
taxpayers affected by Federally Sec. 100112. Purpose. that title, the congestion mitigation and air
declared disasters. Sec. 100113. Establishment. quality improvement program under section 149
Sec. 80502. Modifications of rules for post- Sec. 100114. Grants and cooperative agreements. of that title, the national highway freight pro-
poning certain acts by reason of Sec. 100115. Minimizing disruptions to existing gram under section 167 of that title, the carbon
service in combat zone or contin- MBDA Business Center program. reduction program under section 175 of that
gency operation. Sec. 100116. Publicity. title, to carry out subsection (c) of the PRO-
Sec. 80503. Tolling of time for filing a petition TITLE II—NEW INITIATIVES TO PROMOTE TECT program under section 176 of that title,
with the tax court. ECONOMIC RESILIENCY FOR MINORITY and to carry out section 134 of that title—
Sec. 80504. Authority to postpone certain tax BUSINESSES (A) $52,488,065,375 for fiscal year 2022;
deadlines by reason of significant Sec. 100201. Annual diverse business forum on (B) $53,537,826,683 for fiscal year 2023;
fires. (C) $54,608,583,217 for fiscal year 2024;
capital formation.
(D) $55,700,754,881 for fiscal year 2025; and
TITLE VI—OTHER PROVISIONS Sec. 100202. Agency study on alternative fi-
(E) $56,814,769,844 for fiscal year 2026.
Sec. 80601. Modification of tax treatment of nancing solutions.
(2) TRANSPORTATION INFRASTRUCTURE FINANCE
contributions to the capital of a Sec. 100203. Educational development relating
AND INNOVATION PROGRAM.—For credit assist-
corporation. to management and entrepreneur-
ance under the transportation infrastructure fi-
Sec. 80602. Extension of interest rate stabiliza- ship.
nance and innovation program under chapter 6
tion. TITLE III—RURAL MINORITY BUSINESS of title 23, United States Code, $250,000,000 for
Sec. 80603. Information reporting for brokers CENTER PROGRAM each of fiscal years 2022 through 2026.
and digital assets. Sec. 100301. Definitions. (3) FEDERAL LANDS AND TRIBAL TRANSPOR-
Sec. 80604. Termination of employee retention Sec. 100302. Business centers. TATION PROGRAMS.—
credit for employers subject to clo- Sec. 100303. Report to Congress. (A) TRIBAL TRANSPORTATION PROGRAM.—For
sure due to COVID–19. Sec. 100304. Study and report. the tribal transportation program under section
DIVISION I—OTHER MATTERS TITLE IV—MINORITY BUSINESS 202 of title 23, United States Code—
Sec. 90001. Extension of direct spending reduc- DEVELOPMENT GRANTS (i) $578,460,000 for fiscal year 2022;
tions through fiscal year 2031. (ii) $589,960,000 for fiscal year 2023;
Sec. 100401. Grants to nonprofit organizations
Sec. 90002. Strategic Petroleum Reserve draw- (iii) $602,460,000 for fiscal year 2024;
that support minority business en-
down and sale. (iv) $612,960,000 for fiscal year 2025; and
terprises.
Sec. 90003. Findings regarding unused unem- (v) $627,960,000 for fiscal year 2026.
ployment insurance funds. TITLE V—MINORITY BUSINESS (B) FEDERAL LANDS TRANSPORTATION PRO-
Sec. 90004. Requiring manufacturers of certain ENTERPRISES ADVISORY COUNCIL GRAM.—
single-dose container or single-use Sec. 100501. Purpose. (i) IN GENERAL.—For the Federal lands trans-
package drugs payable under part Sec. 100502. Composition and term. portation program under section 203 of title 23,
B of the Medicare program to pro- Sec. 100503. Duties. United States Code—
vide refunds with respect to dis- TITLE VI—FEDERAL COORDINATION OF (I) $421,965,000 for fiscal year 2022;
carded amounts of such drugs. MINORITY BUSINESS PROGRAMS (II) $429,965,000 for fiscal year 2023;
Sec. 90005. Extension of enterprise guarantee (III) $438,965,000 for fiscal year 2024;
Sec. 100601. General duties.
fees. (IV) $447,965,000 for fiscal year 2025; and
Sec. 100602. Participation of Federal depart-
Sec. 90006. Moratorium on implementation of (V) $455,965,000 for fiscal year 2026.
ments and agencies.
ctelli on DSK11ZRN23PROD with HOUSE
rule relating to eliminating the (ii) ALLOCATION.—Of the amount made avail-
anti-kickback statute safe harbor TITLE VII—ADMINISTRATIVE POWERS OF able for a fiscal year under clause (i)—
protection for prescription drug THE AGENCY; MISCELLANEOUS PROVI- (I) the amount for the National Park Service
rebates. SIONS is—
Sec. 90007. Rescission of COVID–19 appropria- Sec. 100701. Administrative powers. (aa) $332,427,450 for fiscal year 2022;
tions. Sec. 100702. Federal assistance. (bb) $338,867,450 for fiscal year 2023;
Sec. 90008. Spectrum auctions. Sec. 100703. Recordkeeping. (cc) $346,237,450 for fiscal year 2024;
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H5188 CONGRESSIONAL RECORD — HOUSE September 27, 2021
(dd) $353,607,450 for fiscal year 2025; and (dd) $30,000,000 for fiscal year 2025; and (1) IN GENERAL.—The following amounts are
(ee) $360,047,450 for fiscal year 2026; (ee) $30,000,000 for fiscal year 2026; authorized to be appropriated out of the High-
(II) the amount for the United States Fish and (II) for resilience improvement grants under way Trust Fund (other than the Mass Transit
Wildlife Service is $36,000,000 for each of fiscal paragraph (4)(A) of that subsection— Account):
years 2022 through 2026; and (aa) $175,000,000 for fiscal year 2022; (A) HIGHWAY RESEARCH AND DEVELOPMENT
(III) the amount for the Forest Service is— (bb) $175,000,000 for fiscal year 2023; PROGRAM.—To carry out section 503(b) of title
(aa) $24,000,000 for fiscal year 2022; (cc) $210,000,000 for fiscal year 2024; 23, United States Code, $147,000,000 for each of
(bb) $25,000,000 for fiscal year 2023; (dd) $210,000,000 for fiscal year 2025; and fiscal years 2022 through 2026.
(cc) $26,000,000 for fiscal year 2024; (ee) $210,000,000 for fiscal year 2026; (B) TECHNOLOGY AND INNOVATION DEPLOY-
(dd) $27,000,000 for fiscal year 2025; and (III) for community resilience and evacuation MENT PROGRAM.—To carry out section 503(c) of
(ee) $28,000,000 for fiscal year 2026. route grants under paragraph (4)(B) of that title 23, United States Code, $110,000,000 for each
(C) FEDERAL LANDS ACCESS PROGRAM.—For subsection— of fiscal years 2022 through 2026.
the Federal lands access program under section (aa) $25,000,000 for fiscal year 2022; (C) TRAINING AND EDUCATION.—To carry out
204 of title 23, United States Code— (bb) $25,000,000 for fiscal year 2023; section 504 of title 23, United States Code—
(i) $285,975,000 for fiscal year 2022; (cc) $30,000,000 for fiscal year 2024; (i) $25,000,000 for fiscal year 2022;
(ii) $291,975,000 for fiscal year 2023; (dd) $30,000,000 for fiscal year 2025; and (ii) $25,250,000 for fiscal year 2023;
(iii) $296,975,000 for fiscal year 2024; (ee) $30,000,000 for fiscal year 2026; and (iii) $25,500,000 for fiscal year 2024;
(iv) $303,975,000 for fiscal year 2025; and (IV) for at-risk coastal infrastructure grants (iv) $25,750,000 for fiscal year 2025; and
(v) $308,975,000 for fiscal year 2026. under paragraph (4)(C) of that subsection— (v) $26,000,000 for fiscal year 2026.
(aa) $25,000,000 for fiscal year 2022; (D) INTELLIGENT TRANSPORTATION SYSTEMS
(4) TERRITORIAL AND PUERTO RICO HIGHWAY
(bb) $25,000,000 for fiscal year 2023; PROGRAM.—To carry out sections 512 through
PROGRAM.—For the territorial and Puerto Rico
(cc) $30,000,000 for fiscal year 2024; 518 of title 23, United States Code, $110,000,000
highway program under section 165 of title 23,
(dd) $30,000,000 for fiscal year 2025; and for each of fiscal years 2022 through 2026.
United States Code—
(ee) $30,000,000 for fiscal year 2026. (E) UNIVERSITY TRANSPORTATION CENTERS
(A) $219,000,000 for fiscal year 2022;
(F) REDUCTION OF TRUCK EMISSIONS AT PORT PROGRAM.—To carry out section 5505 of title 49,
(B) $224,000,000 for fiscal year 2023;
FACILITIES.— United States Code—
(C) $228,000,000 for fiscal year 2024; (i) $80,000,000 for fiscal year 2022;
(D) $232,500,000 for fiscal year 2025; and (i) IN GENERAL.—To carry out the reduction of
truck emissions at port facilities under section (ii) $80,500,000 for fiscal year 2023;
(E) $237,000,000 for fiscal year 2026. (iii) $81,000,000 for fiscal year 2024;
(5) NATIONALLY SIGNIFICANT FREIGHT AND 11402, $50,000,000 for each of fiscal years 2022
(iv) $81,500,000 for fiscal year 2025; and
HIGHWAY PROJECTS.—For nationally significant through 2026. (v) $82,000,000 for fiscal year 2026.
freight and highway projects under section 117 (ii) TREATMENT.—Amounts made available (F) BUREAU OF TRANSPORTATION STATISTICS.—
of title 23, United States Code— under clause (i) shall be available for obligation To carry out chapter 63 of title 49, United States
(A) $1,000,000,000 for fiscal year 2022; in the same manner as if those amounts were Code—
(B) $1,000,000,000 for fiscal year 2023; apportioned under chapter 1 of title 23, United (i) $26,000,000 for fiscal year 2022;
(C) $1,000,000,000 for fiscal year 2024; States Code. (ii) $26,250,000 for fiscal year 2023;
(D) $900,000,000 for fiscal year 2025; and (G) NATIONALLY SIGNIFICANT FEDERAL LANDS (iii) $26,500,000 for fiscal year 2024;
(E) $900,000,000 for fiscal year 2026. AND TRIBAL PROJECTS.— (iv) $26,750,000 for fiscal year 2025; and
(b) OTHER PROGRAMS.— (i) IN GENERAL.—To carry out the nationally (v) $27,000,000 for fiscal year 2026.
(1) IN GENERAL.—The following amounts are significant Federal lands and tribal projects (2) ADMINISTRATION.—The Federal Highway
authorized to be appropriated out of the High- program under section 1123 of the FAST Act (23 Administration shall—
way Trust Fund (other than the Mass Transit U.S.C. 201 note; Public Law 114–94), $55,000,000 (A) administer the programs described in sub-
Account): for each of fiscal years 2022 through 2026. paragraphs (A), (B), and (C) of paragraph (1);
(A) BRIDGE INVESTMENT PROGRAM.—To carry (ii) TREATMENT.—Amounts made available and
out the bridge investment program under section under clause (i) shall be available for obligation (B) in consultation with relevant modal ad-
124 of title 23, United States Code— in the same manner as if those amounts were ministrations, administer the programs described
(i) $600,000,000 for fiscal year 2022; apportioned under chapter 1 of title 23, United in paragraph (1)(D).
States Code. (3) APPLICABILITY OF TITLE 23, UNITED STATES
(ii) $640,000,000 for fiscal year 2023;
(2) GENERAL FUND.— CODE.—Amounts authorized to be appropriated
(iii) $650,000,000 for fiscal year 2024;
(A) BRIDGE INVESTMENT PROGRAM.— by paragraph (1) shall—
(iv) $675,000,000 for fiscal year 2025; and
(i) IN GENERAL.—In addition to amounts made (A) be available for obligation in the same
(v) $700,000,000 for fiscal year 2026.
available under paragraph (1)(A), there are au- manner as if those funds were apportioned
(B) CONGESTION RELIEF PROGRAM.—To carry
thorized to be appropriated to carry out the under chapter 1 of title 23, United States Code,
out the congestion relief program under section
bridge investment program under section 124 of except that the Federal share of the cost of a
129(d) of title 23, United States Code, $50,000,000
title 23, United States Code— project or activity carried out using those funds
for each of fiscal years 2022 through 2026.
(I) $600,000,000 for fiscal year 2022; shall be 80 percent, unless otherwise expressly
(C) CHARGING AND FUELING INFRASTRUCTURE
(II) $640,000,000 for fiscal year 2023; provided by this division (including the amend-
GRANTS.—To carry out section 151(f) of title 23,
(III) $650,000,000 for fiscal year 2024; ments by this division) or otherwise determined
United States Code—
(IV) $675,000,000 for fiscal year 2025; and by the Secretary; and
(i) $300,000,000 for fiscal year 2022;
(V) $700,000,000 for fiscal year 2026. (B) remain available until expended and not
(ii) $400,000,000 for fiscal year 2023;
(ii) ALLOCATION.—Amounts made available be transferable, except as otherwise provided by
(iii) $500,000,000 for fiscal year 2024;
under clause (i) shall be allocated in the same this division.
(iv) $600,000,000 for fiscal year 2025; and
manner as if made available under paragraph (d) PILOT PROGRAMS.—The following amounts
(v) $700,000,000 for fiscal year 2026.
(1)(A). are authorized to be appropriated out of the
(D) RURAL SURFACE TRANSPORTATION GRANT
(B) NATIONALLY SIGNIFICANT FEDERAL LANDS Highway Trust Fund (other than the Mass
PROGRAM.—To carry out the rural surface
AND TRIBAL PROJECTS PROGRAM.—In addition to Transit Account):
transportation grant program under section 173 (1) WILDLIFE CROSSINGS PILOT PROGRAM.—For
of title 23, United States Code— amounts made available under paragraph
(1)(G), there is authorized to be appropriated to the wildlife crossings pilot program under sec-
(i) $300,000,000 for fiscal year 2022; tion 171 of title 23, United States Code—
(ii) $350,000,000 for fiscal year 2023; carry out section 1123 of the FAST Act (23
(A) $60,000,000 for fiscal year 2022;
(iii) $400,000,000 for fiscal year 2024; U.S.C. 201 note; Public Law 114–94) $300,000,000
(B) $65,000,000 for fiscal year 2023;
(iv) $450,000,000 for fiscal year 2025; and for each of fiscal years 2022 through 2026. (C) $70,000,000 for fiscal year 2024;
(v) $500,000,000 for fiscal year 2026. (C) HEALTHY STREETS PROGRAM.—There is au- (D) $75,000,000 for fiscal year 2025; and
(E) PROTECT GRANTS.— thorized to be appropriated to carry out the (E) $80,000,000 for fiscal year 2026.
(i) IN GENERAL.—To carry out subsection (d) Healthy Streets program under section 11406 (2) PRIORITIZATION PROCESS PILOT PRO-
of the PROTECT program under section 176 of $100,000,000 for each of fiscal years 2022 through GRAM.—
title 23, United States Code, for each of fiscal 2026. (A) IN GENERAL.—For the prioritization proc-
years 2022 through 2026— (D) TRANSPORTATION RESILIENCE AND ADAPTA- ess pilot program under section 11204, $10,000,000
(I) $250,000,000 for fiscal year 2022; TION CENTERS OF EXCELLENCE.—There is author- for each of fiscal years 2022 through 2026.
(II) $250,000,000 for fiscal year 2023; ized to be appropriated to carry out section 520 (B) TREATMENT.—Amounts made available
(III) $300,000,000 for fiscal year 2024; of title 23, United States Code, $100,000,000 for under subparagraph (A) shall be available for
(IV) $300,000,000 for fiscal year 2025; and each of fiscal years 2022 through 2026. obligation in the same manner as if those
(V) $300,000,000 for fiscal year 2026. (E) OPEN CHALLENGE AND RESEARCH PROPOSAL amounts were apportioned under chapter 1 of
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(ii) ALLOCATION.—Of the amounts made avail- PILOT PROGRAM.—There is authorized to be ap- title 23, United States Code.
able under clause (i)— propriated to carry out the open challenge and (3) RECONNECTING COMMUNITIES PILOT PRO-
(I) for planning grants under paragraph (3) of research proposal pilot program under section GRAM.—
that subsection— 13006(e) $15,000,000 for each of fiscal years 2022 (A) PLANNING GRANTS.—For planning grants
(aa) $25,000,000 for fiscal year 2022; through 2026. under the reconnecting communities pilot pro-
(bb) $25,000,000 for fiscal year 2023; (c) RESEARCH, TECHNOLOGY, AND EDUCATION gram under section 11509(c), $30,000,000 for each
(cc) $30,000,000 for fiscal year 2024; AUTHORIZATIONS.— of fiscal years 2022 through 2026.
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September 27, 2021 CONGRESSIONAL RECORD — HOUSE H5189
(B) CAPITAL CONSTRUCTION GRANTS.—For cap- (4) ANNUAL LISTING OF DISADVANTAGED BUSI- (3) section 9 of the Federal-Aid Highway Act
ital construction grants under the reconnecting NESS ENTERPRISES.—Each State shall annually— of 1981 (95 Stat. 1701);
communities pilot program under section (A) survey and compile a list of the small busi- (4) subsections (b) and (j) of section 131 of the
11509(d)— ness concerns referred to in paragraph (3) in the Surface Transportation Assistance Act of 1982
(i) $65,000,000 for fiscal year 2022; State, including the location of the small busi- (96 Stat. 2119);
(ii) $68,000,000 for fiscal year 2023; ness concerns in the State; and (5) subsections (b) and (c) of section 149 of the
(iii) $70,000,000 for fiscal year 2024; (B) notify the Secretary, in writing, of the Surface Transportation and Uniform Relocation
(iv) $72,000,000 for fiscal year 2025; and percentage of the small business concerns that Assistance Act of 1987 (101 Stat. 198);
(v) $75,000,000 for fiscal year 2026. are controlled by— (6) sections 1103 through 1108 of the Inter-
(C) TREATMENT.—Amounts made available (i) women; modal Surface Transportation Efficiency Act of
under subparagraph (A) or (B) shall be avail- (ii) socially and economically disadvantaged 1991 (105 Stat. 2027);
able for obligation in the same manner as if individuals (other than women); and (7) section 157 of title 23, United States Code
those amounts were apportioned under chapter (iii) individuals who are women and are oth- (as in effect on June 8, 1998);
1 of title 23, United States Code, except that erwise socially and economically disadvantaged (8) section 105 of title 23, United States Code
those amounts shall remain available until ex- individuals. (as in effect for fiscal years 1998 through 2004,
pended. (5) UNIFORM CERTIFICATION.— but only in an amount equal to $639,000,000 for
(e) DISADVANTAGED BUSINESS ENTERPRISES.— (A) IN GENERAL.—The Secretary shall estab- each of those fiscal years);
(1) FINDINGS.—Congress finds that— lish minimum uniform criteria for use by State (9) Federal-aid highway programs for which
(A) while significant progress has occurred governments in certifying whether a concern obligation authority was made available under
due to the establishment of the disadvantaged qualifies as a small business concern for the the Transportation Equity Act for the 21st Cen-
business enterprise program, discrimination and purpose of this subsection. tury (112 Stat. 107) or subsequent Acts for mul-
related barriers continue to pose significant ob- (B) INCLUSIONS.—The minimum uniform cri- tiple years or to remain available until ex-
stacles for minority- and women-owned busi- teria established under subparagraph (A) shall pended, but only to the extent that the obliga-
nesses seeking to do business in Federally as- include, with respect to a potential small busi- tion authority has not lapsed or been used;
sisted surface transportation markets across the ness concern— (10) section 105 of title 23, United States Code
United States; (i) on-site visits; (as in effect for fiscal years 2005 through 2012,
(B) the continuing barriers described in sub- (ii) personal interviews with personnel; but only in an amount equal to $639,000,000 for
paragraph (A) merit the continuation of the dis- (iii) issuance or inspection of licenses; each of those fiscal years);
advantaged business enterprise program; (iv) analyses of stock ownership;
(11) section 1603 of SAFETEA–LU (23 U.S.C.
(C) Congress has received and reviewed testi- (v) listings of equipment;
(vi) analyses of bonding capacity; 118 note; 119 Stat. 1248), to the extent that funds
mony and documentation of race and gender obligated in accordance with that section were
(vii) listings of work completed;
discrimination from numerous sources, includ- not subject to a limitation on obligations at the
(viii) examination of the resumes of principal
ing congressional hearings and roundtables, sci- time at which the funds were initially made
owners;
entific reports, reports issued by public and pri- (ix) analyses of financial capacity; and available for obligation;
vate agencies, news stories, reports of discrimi- (x) analyses of the type of work preferred. (12) section 119 of title 23, United States Code
nation by organizations and individuals, and (6) REPORTING.—The Secretary shall establish (as in effect for fiscal years 2013 through 2015,
discrimination lawsuits, which show that race- minimum requirements for use by State govern- but only in an amount equal to $639,000,000 for
and gender-neutral efforts alone are insufficient ments in reporting to the Secretary— each of those fiscal years);
to address the problem; (A) information concerning disadvantaged (13) section 119 of title 23, United States Code
(D) the testimony and documentation de- business enterprise awards, commitments, and (as in effect for fiscal years 2016 through 2021,
scribed in subparagraph (C) demonstrate that achievements; and but only in an amount equal to $639,000,000 for
discrimination across the United States poses a (B) such other information as the Secretary each of those fiscal years); and
barrier to full and fair participation in surface determines to be appropriate for the proper mon- (14) section 119 of title 23, United States Code
transportation-related businesses of women itoring of the disadvantaged business enterprise (but, for fiscal years 2022 through 2026, only in
business owners and minority business owners program. an amount equal to $639,000,000 for each of
and has impacted firm development and many (7) COMPLIANCE WITH COURT ORDERS.—Noth- those fiscal years).
aspects of surface transportation-related busi- ing in this subsection limits the eligibility of an (c) DISTRIBUTION OF OBLIGATION AUTHOR-
ness in the public and private markets; and individual or entity to receive funds made avail- ITY.—For each of fiscal years 2022 through 2026,
(E) the testimony and documentation de- able under this division, division C, and section the Secretary—
scribed in subparagraph (C) provide a strong 403 of title 23, United States Code, if the entity (1) shall not distribute obligation authority
basis that there is a compelling need for the con- or person is prevented, in whole or in part, from provided by subsection (a) for the fiscal year
tinuation of the disadvantaged business enter- complying with paragraph (3) because a Federal for—
prise program to address race and gender dis- court issues a final order in which the court (A) amounts authorized for administrative ex-
crimination in surface transportation-related finds that a requirement or the implementation penses and programs by section 104(a) of title 23,
business. of paragraph (3) is unconstitutional. United States Code; and
(2) DEFINITIONS.—In this subsection: (8) SENSE OF CONGRESS ON PROMPT PAYMENT (B) amounts authorized for the Bureau of
(A) SMALL BUSINESS CONCERN.— OF DBE SUBCONTRACTORS.—It is the sense of Transportation Statistics;
(i) IN GENERAL.—The term ‘‘small business Congress that— (2) shall not distribute an amount of obliga-
concern’’ means a small business concern (as the (A) the Secretary should take additional steps tion authority provided by subsection (a) that is
term is used in section 3 of the Small Business to ensure that recipients comply with section equal to the unobligated balance of amounts—
Act (15 U.S.C. 632)). 26.29 of title 49, Code of Federal Regulations (A) made available from the Highway Trust
(ii) EXCLUSIONS.—The term ‘‘small business (the disadvantaged business enterprises prompt Fund (other than the Mass Transit Account) for
concern’’ does not include any concern or group payment rule), or any corresponding regulation, Federal-aid highway and highway safety con-
of concerns controlled by the same socially and in awarding Federally funded transportation struction programs for previous fiscal years the
economically disadvantaged individual or indi- contracts under laws and regulations adminis- funds for which are allocated by the Secretary
viduals that have average annual gross receipts tered by the Secretary; and (or apportioned by the Secretary under section
during the preceding 3 fiscal years in excess of (B) such additional steps should include in- 202 or 204 of title 23, United States Code); and
$26,290,000, as adjusted annually by the Sec- creasing the ability of the Department to track (B) for which obligation authority was pro-
retary for inflation. and keep records of complaints and to make vided in a previous fiscal year;
(B) SOCIALLY AND ECONOMICALLY DISADVAN- that information publicly available. (3) shall determine the proportion that—
TAGED INDIVIDUALS.—The term ‘‘socially and SEC. 11102. OBLIGATION CEILING. (A) the obligation authority provided by sub-
economically disadvantaged individuals’’ has (a) GENERAL LIMITATION.—Subject to sub- section (a) for the fiscal year, less the aggregate
the meaning given the term in section 8(d) of the section (e), and notwithstanding any other pro- of amounts not distributed under paragraphs (1)
Small Business Act (15 U.S.C. 637(d)) and rel- vision of law, the obligations for Federal-aid and (2) of this subsection; bears to
evant subcontracting regulations issued pursu- highway and highway safety construction pro- (B) the total of the sums authorized to be ap-
ant to that Act, except that women shall be pre- grams shall not exceed— propriated for the Federal-aid highway and
sumed to be socially and economically disadvan- (1) $57,473,430,072 for fiscal year 2022; highway safety construction programs (other
taged individuals for purposes of this sub- (2) $58,764,510,674 for fiscal year 2023; than sums authorized to be appropriated for
section. (3) $60,095,782,888 for fiscal year 2024; provisions of law described in paragraphs (1)
(3) AMOUNTS FOR SMALL BUSINESS CONCERNS.— (4) $61,314,170,545 for fiscal year 2025; and through (13) of subsection (b) and sums author-
Except to the extent that the Secretary deter- (5) $62,657,105,821 for fiscal year 2026. ized to be appropriated for section 119 of title 23,
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mines otherwise, not less than 10 percent of the (b) EXCEPTIONS.—The limitations under sub- United States Code, equal to the amount re-
amounts made available for any program under section (a) shall not apply to obligations under ferred to in subsection (b)(14) for the fiscal
this division (other than section 14004), division or for— year), less the aggregate of the amounts not dis-
C, and section 403 of title 23, United States (1) section 125 of title 23, United States Code; tributed under paragraphs (1) and (2) of this
Code, shall be expended through small business (2) section 147 of the Surface Transportation subsection;
concerns owned and controlled by socially and Assistance Act of 1978 (23 U.S.C. 144 note; 92 (4) shall distribute the obligation authority
economically disadvantaged individuals. Stat. 2714); provided by subsection (a), less the aggregate
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H5190 CONGRESSIONAL RECORD — HOUSE September 27, 2021
amounts not distributed under paragraphs (1) (3) AVAILABILITY.—Funds distributed to each (3) in paragraph (2), by striking ‘‘29.3 per-
and (2), for each of the programs (other than State under paragraph (1) shall be available for cent’’ and inserting ‘‘28.7402203421251 percent’’;
programs to which paragraph (1) applies) that any purpose described in section 133(b) of title (4) in paragraph (3), by striking ‘‘7 percent’’
are allocated by the Secretary under this divi- 23, United States Code. and inserting ‘‘6.70605141316253 percent’’;
sion and title 23, United States Code, or appor- SEC. 11103. DEFINITIONS. (5) by striking paragraph (4) and inserting the
tioned by the Secretary under section 202 or 204 Section 101(a) of title 23, United States Code, following:
of that title, by multiplying— is amended— ‘‘(4) CONGESTION MITIGATION AND AIR QUALITY
(A) the proportion determined under para- (1) in paragraph (4)— IMPROVEMENT PROGRAM.—
graph (3); by (A) in subparagraph (A), by inserting ‘‘assess- ‘‘(A) IN GENERAL.—For the congestion mitiga-
(B) the amounts authorized to be appropriated ing resilience,’’ after ‘‘surveying,’’; tion and air quality improvement program, an
for each such program for the fiscal year; and (B) in subparagraph (G), by striking ‘‘and’’ at amount determined for the State under subpara-
(5) shall distribute the obligation authority the end; graphs (B) and (C).
provided by subsection (a), less the aggregate (C) by redesignating subparagraph (H) as sub- ‘‘(B) TOTAL AMOUNT.—The total amount for
amounts not distributed under paragraphs (1) paragraph (I); and the congestion mitigation and air quality im-
and (2) and the amounts distributed under (D) by inserting after subparagraph (G) the provement program for all States shall be—
paragraph (4), for Federal-aid highway and following: ‘‘(i) $2,536,490,803 for fiscal year 2022;
highway safety construction programs that are ‘‘(H) improvements that reduce the number of ‘‘(ii) $2,587,220,620 for fiscal year 2023;
apportioned by the Secretary under title 23, wildlife-vehicle collisions, such as wildlife cross- ‘‘(iii) $2,638,965,032 for fiscal year 2024;
United States Code (other than the amounts ap- ing structures; and’’; ‘‘(iv) $2,691,744,332 for fiscal year 2025; and
portioned for the national highway performance (2) by redesignating paragraphs (17) through ‘‘(v) $2,745,579,213 for fiscal year 2026.
program in section 119 of title 23, United States (34) as paragraphs (18), (19), (20), (21), (22), (23), ‘‘(C) STATE SHARE.—For each fiscal year, the
Code, that are exempt from the limitation under (25), (26), (27), (28), (29), (30), (31), (32), (33), Secretary shall distribute among the States the
subsection (b)(14) and the amounts apportioned (34), (35), and (36), respectively; total amount for the congestion mitigation and
under sections 202 and 204 of that title) in the (3) by inserting after paragraph (16) the fol- air quality improvement program under sub-
proportion that— lowing: paragraph (B) so that each State receives an
(A) amounts authorized to be appropriated for ‘‘(17) NATURAL INFRASTRUCTURE.—The term amount equal to the proportion that—
the programs that are apportioned under title ‘natural infrastructure’ means infrastructure ‘‘(i) the amount apportioned to the State for
23, United States Code, to each State for the fis- that uses, restores, or emulates natural ecologi- the congestion mitigation and air quality im-
cal year; bears to cal processes and— provement program for fiscal year 2020; bears to
(B) the total of the amounts authorized to be ‘‘(A) is created through the action of natural ‘‘(ii) the total amount of funds apportioned to
appropriated for the programs that are appor- physical, geological, biological, and chemical all States for that program for fiscal year 2020.’’;
tioned under title 23, United States Code, to all processes over time; (6) in paragraph (5)—
States for the fiscal year. ‘‘(B) is created by human design, engineering, (A) by striking subparagraph (B) and insert-
(d) REDISTRIBUTION OF UNUSED OBLIGATION and construction to emulate or act in concert ing the following:
AUTHORITY.—Notwithstanding subsection (c), with natural processes; or ‘‘(B) TOTAL AMOUNT.—The total amount set
the Secretary shall, after August 1 of each of ‘‘(C) involves the use of plants, soils, and aside for the national highway freight program
fiscal years 2022 through 2026— other natural features, including through the for all States shall be—
(1) revise a distribution of the obligation au- creation, restoration, or preservation of vege- ‘‘(i) $1,373,932,519 for fiscal year 2022;
thority made available under subsection (c) if tated areas using materials appropriate to the ‘‘(ii) $1,401,411,169 for fiscal year 2023;
an amount distributed cannot be obligated dur- region to manage stormwater and runoff, to at- ‘‘(iii) $1,429,439,392 for fiscal year 2024;
ing that fiscal year; and tenuate flooding and storm surges, and for other ‘‘(iv) $1,458,028,180 for fiscal year 2025; and
(2) redistribute sufficient amounts to those ‘‘(v) $1,487,188,740 for fiscal year 2026.’’; and
related purposes.’’;
States able to obligate amounts in addition to (B) by striking subparagraph (D); and
(4) by inserting after paragraph (23) (as so re-
those previously distributed during that fiscal (7) by striking paragraph (6) and inserting the
designated) the following:
year, giving priority to those States having large following:
‘‘(24) RESILIENCE.—The term ‘resilience’, with
unobligated balances of funds apportioned ‘‘(6) METROPOLITAN PLANNING.—
respect to a project, means a project with the
under sections 144 (as in effect on the day before ‘‘(A) IN GENERAL.—To carry out section 134,
ability to anticipate, prepare for, or adapt to
the date of enactment of MAP–21 (Public Law an amount determined for the State under sub-
conditions or withstand, respond to, or recover
112–141; 126 Stat. 405)) and 104 of title 23, United paragraphs (B) and (C).
rapidly from disruptions, including the ability—
States Code. ‘‘(A)(i) to resist hazards or withstand impacts ‘‘(B) TOTAL AMOUNT.—The total amount for
(e) APPLICABILITY OF OBLIGATION LIMITA- metropolitan planning for all States shall be—
from weather events and natural disasters; or
TIONS TO TRANSPORTATION RESEARCH PRO- ‘‘(i) $ 438,121,139 for fiscal year 2022;
‘‘(ii) to reduce the magnitude or duration of
GRAMS.— ‘‘(ii) $446,883,562 for fiscal year 2023;
(1) IN GENERAL.—Except as provided in para- impacts of a disruptive weather event or natural
disaster on a project; and ‘‘(iii) $455,821,233 for fiscal year 2024;
graph (2), obligation limitations imposed by sub- ‘‘(iv) $464,937,657 for fiscal year 2025; and
‘‘(B) to have the absorptive capacity, adaptive
section (a) shall apply to contract authority for ‘‘(v) $474,236,409 for fiscal year 2026.
capacity, and recoverability to decrease project
transportation research programs carried out ‘‘(C) STATE SHARE.—For each fiscal year, the
vulnerability to weather events or other natural
under chapter 5 of title 23, United States Code. Secretary shall distribute among the States the
(2) EXCEPTION.—Obligation authority made disasters.’’; and
(5) in subparagraph (A) of paragraph (32) (as total amount to carry out section 134 under sub-
available under paragraph (1) shall—
(A) remain available for a period of 4 fiscal so redesignated)— paragraph (B) so that each State receives an
years; and (A) by striking the period at the end and in- amount equal to the proportion that—
(B) be in addition to the amount of any limi- serting ‘‘; and’’; ‘‘(i) the amount apportioned to the State to
tation imposed on obligations for Federal-aid (B) by striking ‘‘through the implementation’’ carry out section 134 for fiscal year 2020; bears
highway and highway safety construction pro- and inserting the following: ‘‘through— to
grams for future fiscal years. ‘‘(i) the implementation’’; and ‘‘(ii) the total amount of funds apportioned to
(f) REDISTRIBUTION OF CERTAIN AUTHORIZED (C) by adding at the end the following: all States to carry out section 134 for fiscal year
FUNDS.— ‘‘(ii) the consideration of incorporating nat- 2020.
(1) IN GENERAL.—Not later than 30 days after ural infrastructure.’’. ‘‘(7) CARBON REDUCTION PROGRAM.—For the
the date of distribution of obligation authority SEC. 11104. APPORTIONMENT. carbon reduction program under section 175,
under subsection (c) for each of fiscal years 2022 (a) ADMINISTRATIVE EXPENSES.—Section 2.56266964565637 percent of the amount remain-
through 2026, the Secretary shall distribute to 104(a)(1) of title 23, United States Code, is ing after distributing amounts under para-
the States any funds (excluding funds author- amended by striking subparagraphs (A) through graphs (4), (5), and (6).
ized for the program under section 202 of title 23, (E) and inserting the following: ‘‘(8) PROTECT FORMULA PROGRAM.—To carry
United States Code) that— ‘‘(A) $490,964,697 for fiscal year 2022; out subsection (c) of the PROTECT program
(A) are authorized to be appropriated for the ‘‘(B) $500,783,991 for fiscal year 2023; under section 176, 2.91393900690991 percent of
fiscal year for Federal-aid highway programs; ‘‘(C) $510,799,671 for fiscal year 2024; the amount remaining after distributing
and ‘‘(D) $521,015,664 for fiscal year 2025; and amounts under paragraphs (4), (5), and (6).’’.
(B) the Secretary determines will not be allo- ‘‘(E) $531,435,977 for fiscal year 2026.’’. (c) CALCULATION OF AMOUNTS.—Section 104(c)
cated to the States (or will not be apportioned to (b) DIVISION AMONG PROGRAMS OF STATE of title 23, United States Code, is amended—
the States under section 204 of title 23, United SHARE.—Section 104(b) of title 23, United States (1) in paragraph (1)—
States Code), and will not be available for obli- Code, is amended in subsection (b)— (A) in the matter preceding subparagraph (A),
ctelli on DSK11ZRN23PROD with HOUSE
gation, for the fiscal year because of the imposi- (1) in the matter preceding paragraph (1), by by striking ‘‘each of fiscal years 2016 through
tion of any obligation limitation for the fiscal inserting ‘‘the carbon reduction program under 2020’’ and inserting ‘‘fiscal year 2022 and each
year. section 175, to carry out subsection (c) of the fiscal year thereafter’’;
(2) RATIO.—Funds shall be distributed under PROTECT program under section 176,’’ before (B) in subparagraph (A)—
paragraph (1) in the same proportion as the dis- ‘‘and to carry out section 134’’; (i) by striking clause (i) and inserting the fol-
tribution of obligation authority under sub- (2) in paragraph (1), by striking ‘‘63.7 per- lowing:
section (c)(5). cent’’ and inserting ‘‘59.0771195921461 percent’’; ‘‘(i) the base apportionment; by’’; and
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September 27, 2021 CONGRESSIONAL RECORD — HOUSE H5191
(ii) in clause (ii)(I), by striking ‘‘fiscal year ‘‘(k) PROTECTIVE FEATURES.— ‘‘(v) lengthening or raising bridges to increase
2015’’ and inserting ‘‘fiscal year 2021’’; and ‘‘(1) IN GENERAL.—A State may use not more waterway openings;
(C) by striking subparagraph (B) and insert- than 15 percent of the funds apportioned to the ‘‘(vi) increasing the size or number of drain-
ing the following: State under section 104(b)(1) for each fiscal year age structures;
‘‘(B) GUARANTEED AMOUNTS.—The initial for 1 or more protective features on a Federal- ‘‘(vii) replacing culverts with bridges or
amounts resulting from the calculation under aid highway or bridge not on the National upsizing culverts;
subparagraph (A) shall be adjusted to ensure Highway System, if the protective feature is de- ‘‘(viii) installing seismic retrofits on bridges;
that each State receives an aggregate apportion- signed to mitigate the risk of recurring damage ‘‘(ix) adding scour protection at bridges, in-
ment that is— or the cost of future repairs from extreme weath- stalling riprap, or adding other scour, stream
‘‘(i) equal to at least 95 percent of the esti- er events, flooding, or other natural disasters. stability, coastal, or other hydraulic counter-
mated tax payments paid into the Highway ‘‘(2) PROTECTIVE FEATURES DESCRIBED.—A measures, including spur dikes; and
Trust Fund (other than the Mass Transit Ac- protective feature referred to in paragraph (1) ‘‘(x) the use of natural infrastructure to miti-
count) in the most recent fiscal year for which includes— gate the risk of recurring damage or the cost of
data are available that are— ‘‘(A) raising roadway grades; future repair from extreme weather, flooding,
‘‘(I) attributable to highway users in the ‘‘(B) relocating roadways in a base floodplain and other natural disasters.’’.
State; and to higher ground above projected flood elevation SEC. 11107. FEDERAL SHARE PAYABLE.
‘‘(II) associated with taxes in effect on July 1, levels or away from slide prone areas; Section 120 of title 23, United States Code, is
2019, and only up to the rate those taxes were in ‘‘(C) stabilizing slide areas; amended—
effect on that date; ‘‘(D) stabilizing slopes; (1) in subsection (c)—
‘‘(ii) at least 2 percent greater than the appor- ‘‘(E) lengthening or raising bridges to increase (A) in paragraph (1), in the first sentence, by
tionment that the State received for fiscal year waterway openings; inserting ‘‘vehicle-to-infrastructure communica-
2021; and ‘‘(F) increasing the size or number of drainage tion equipment,’’ after ‘‘breakaway utility
‘‘(iii) at least 1 percent greater than the ap- structures; poles,’’;
portionment that the State received for the pre- ‘‘(G) replacing culverts with bridges or (B) in subparagraph (3)(B)—
vious fiscal year.’’; and upsizing culverts; (i) in clause (v), by striking ‘‘or’’ at the end;
(2) in paragraph (2)— ‘‘(H) installing seismic retrofits on bridges; (ii) by redesignating clause (vi) as clause (vii);
(A) by striking ‘‘fiscal years 2016 through ‘‘(I) adding scour protection at bridges, in- and
2020’’ and inserting ‘‘fiscal year 2022 and each stalling riprap, or adding other scour, stream (iii) by inserting after clause (v) the following:
fiscal year thereafter’’; and stability, coastal, or other hydraulic counter- ‘‘(vi) contractual provisions that provide safe-
(B) by inserting ‘‘the carbon reduction pro- measures, including spur dikes; and ty contingency funds to incorporate safety en-
gram under section 175, to carry out subsection ‘‘(J) the use of natural infrastructure to miti- hancements to work zones prior to or during
(c) of the PROTECT program under section gate the risk of recurring damage or the cost of roadway construction activities; or’’; and
176,’’ before ‘‘and to carry out section 134’’. future repair from extreme weather events, (C) by adding at the end the following:
(d) METROPOLITAN PLANNING.—Section flooding, or other natural disasters. ‘‘(4) POOLED FUNDING.—Notwithstanding any
104(d)(1)(A) of title 23, United States Code, is ‘‘(3) SAVINGS PROVISION.—Nothing in this sub- other provision of law, the Secretary may waive
amended by striking ‘‘paragraphs (5)(D) and (6) section limits the ability of a State to carry out the non-Federal share of the cost of a project or
of subsection (b)’’ each place it appears and in- a project otherwise eligible under subsection (d) activity under section 502(b)(6) that is carried
serting ‘‘subsection (b)(6)’’. using funds apportioned under section out with amounts apportioned under section
(e) SUPPLEMENTAL FUNDS.—Section 104 of title 104(b)(1).’’. 104(b)(2) after considering appropriate factors,
23, United States Code, is amended by striking including whether—
SEC. 11106. EMERGENCY RELIEF.
subsection (h). ‘‘(A) decreasing or eliminating the non-Fed-
(f) BASE APPORTIONMENT DEFINED.—Section Section 125 of title 23, United States Code, is
eral share would best serve the interests of the
104 of title 23, United States Code, is amended— amended—
Federal-aid highway program; and
(1) by redesignating subsection (i) as sub- (1) in subsection (a)(1), by inserting ‘‘wild- ‘‘(B) the project or activity addresses national
section (h); and fire,’’ after ‘‘severe storm,’’; or regional high priority research, development,
(2) in subsection (h) (as so redesignated)— (2) by striking subsection (b) and inserting the and technology transfer problems in a manner
(A) by striking ‘‘means’’ in the matter pre- following: that would benefit multiple States or metropoli-
ceding paragraph (1) and all that follows ‘‘(b) RESTRICTION ON ELIGIBILITY.—Funds tan planning organizations.’’;
through ‘‘the combined amount’’ in paragraph under this section shall not be used for the re- (2) in subsection (e)—
(1) and inserting ‘‘means the combined pair or reconstruction of a bridge that has been (A) in paragraph (1), by striking ‘‘180 days’’
amount’’; permanently closed to all vehicular traffic by and inserting ‘‘270 days’’; and
(B) by striking ‘‘and to carry out section 134; the State or responsible local official because of (B) in paragraph (4), by striking ‘‘perma-
minus’’ and inserting ‘‘the carbon reduction imminent danger of collapse due to a structural nent’’; and
program under section 175, to carry out sub- deficiency or physical deterioration.’’; and (3) by adding at the end the following:
section (c) of the PROTECT program under sec- (3) in subsection (d)— ‘‘(l) FEDERAL SHARE FLEXIBILITY PILOT PRO-
tion 176, and to carry out section 134.’’; and (A) in paragraph (2)(A)— GRAM.—
(C) by striking paragraph (2). (i) by striking the period at the end and in- ‘‘(1) ESTABLISHMENT.—Not later than 180 days
SEC. 11105. NATIONAL HIGHWAY PERFORMANCE serting ‘‘; and’’; after the date of enactment of the Surface
PROGRAM. (ii) by striking ‘‘a facility that meets the cur- Transportation Reauthorization Act of 2021, the
Section 119 of title 23, United States Code, is rent’’ and inserting the following: ‘‘a facility Secretary shall establish a pilot program (re-
amended— that— ferred to in this subsection as the ‘pilot pro-
(1) in subsection (b)— ‘‘(i) meets the current’’; and gram’) to give States additional flexibility with
(A) in paragraph (2), by striking ‘‘and’’ at the (iii) by adding at the end the following: respect to the Federal requirements under this
end; ‘‘(ii) incorporates economically justifiable im- section.
(B) in paragraph (3), by striking the period at provements that will mitigate the risk of recur- ‘‘(2) PROGRAM.—
the end and inserting ‘‘; and’’; and ring damage from extreme weather, flooding, ‘‘(A) IN GENERAL.—Notwithstanding any other
(C) by adding at the end the following: and other natural disasters.’’; provision of law, a State participating in the
‘‘(4) to provide support for activities to in- (B) by redesignating paragraph (3) as para- pilot program (referred to in this subsection as a
crease the resiliency of the National Highway graph (4); and ‘participating State’) may determine the Federal
System to mitigate the cost of damages from sea (C) by inserting after paragraph (2) the fol- share on a project, multiple-project, or program
level rise, extreme weather events, flooding, lowing: basis for projects under any of the following:
wildfires, or other natural disasters.’’; ‘‘(3) PROTECTIVE FEATURES.— ‘‘(i) The national highway performance pro-
(2) in subsection (d)(2), by adding at the end ‘‘(A) IN GENERAL.—The cost of an improve- gram under section 119.
the following: ment that is part of a project under this section ‘‘(ii) The surface transportation block grant
‘‘(Q) Undergrounding public utility infra- shall be an eligible expense under this section if program under section 133.
structure carried out in conjunction with a the improvement is a protective feature that will ‘‘(iii) The highway safety improvement pro-
project otherwise eligible under this section. mitigate the risk of recurring damage or the cost gram under section 148.
‘‘(R) Resiliency improvements on the National of future repair from extreme weather, flooding, ‘‘(iv) The congestion mitigation and air qual-
Highway System, including protective features and other natural disasters. ity improvement program under section 149.
described in subsection (k)(2). ‘‘(B) PROTECTIVE FEATURES DESCRIBED.—A ‘‘(v) The national highway freight program
‘‘(S) Implement activities to protect segments protective feature referred to in subparagraph under section 167.
ctelli on DSK11ZRN23PROD with HOUSE
of the National Highway System from cyberse- (A) includes— ‘‘(vi) The carbon reduction program under
curity threats.’’; ‘‘(i) raising roadway grades; section 175.
(3) in subsection (e)(4)(D), by striking ‘‘anal- ‘‘(ii) relocating roadways in a floodplain to ‘‘(vii) Subsection (c) of the PROTECT pro-
ysis’’ and inserting ‘‘analyses, both of which higher ground above projected flood elevation gram under section 176.
shall take into consideration extreme weather levels or away from slide prone areas; ‘‘(B) REQUIREMENTS.—
and resilience’’; and ‘‘(iii) stabilizing slide areas; ‘‘(i) MAXIMUM FEDERAL SHARE.—Subject to
(4) by adding at the end the following: ‘‘(iv) stabilizing slopes; clause (iii), the Federal share of the cost of an
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H5192 CONGRESSIONAL RECORD — HOUSE September 27, 2021
individual project carried out under a program (1) in subsection (b)— (ii) in subparagraph (A)—
described in subparagraph (A) by a partici- (A) in paragraph (1)— (I) in the matter preceding clause (i), by strik-
pating State and to which the participating (i) in subparagraph (B)— ing ‘‘the percentage specified in paragraph (6)
State is applying the Federal share requirements (I) by adding ‘‘or’’ at the end; for a fiscal year’’ and inserting ‘‘55 percent for
under the pilot program may be up to 100 per- (II) by striking ‘‘facilities eligible’’ and insert- each of fiscal years 2022 through 2026’’; and
cent. ing the following: ‘‘facilities— (II) by striking clauses (ii) and (iii) and in-
‘‘(ii) MINIMUM FEDERAL SHARE.—No indi- ‘‘(i) that are eligible’’; and serting the following:
vidual project carried out under a program de- (III) by adding at the end the following: ‘‘(ii) in urbanized areas of the State with an
scribed in subparagraph (A) by a participating ‘‘(ii) that are privately or majority-privately urbanized area population of not less than
State and to which the participating State is ap- owned, but that the Secretary determines pro- 50,000 and not more than 200,000;
plying the Federal share requirements under the vide a substantial public transportation benefit ‘‘(iii) in urban areas of the State with a popu-
pilot program shall have a Federal share of 0 or otherwise meet the foremost needs of the sur- lation not less than 5,000 and not more than
percent. face transportation system described in section 49,999; and
‘‘(iii) DETERMINATION.—The average annual 101(b)(3)(D);’’; ‘‘(iv) in other areas of the State with a popu-
Federal share of the total cost of all projects au- (ii) in subparagraph (E), by striking ‘‘and’’ at lation less than 5,000; and’’;
thorized under a program described in subpara- the end; (B) by striking paragraph (3) and inserting
graph (A) to which a participating State is ap- (iii) in subparagraph (F), by striking the pe- the following:
plying the Federal share requirements under the riod at the end and inserting ‘‘; and’’; and ‘‘(3) LOCAL CONSULTATION.—
pilot program shall be not more than the aver- (iv) by adding at the end the following: ‘‘(A) CONSULTATION WITH METROPOLITAN
age of the maximum Federal share of those ‘‘(G) wildlife crossing structures.’’; PLANNING ORGANIZATIONS.—For purposes of
projects if those projects were not carried out (B) in paragraph (3), by inserting clause (ii) of paragraph (1)(A), a State shall—
under the pilot program. ‘‘148(a)(4)(B)(xvii),’’ after ‘‘119(g),’’; ‘‘(i) establish a process to consult with all
‘‘(C) SELECTION.— (C) by redesignating paragraphs (4) through metropolitan planning organizations in the
‘‘(i) APPLICATION.—A State seeking to be a (15) as paragraphs (5), (6), (7), (8), (9), (10), (11), State that represent an urbanized area described
participating State shall— (12), (13), (20), (21), and (22), respectively; in that clause; and
‘‘(I) submit to the Secretary an application in (D) in paragraph (5) (as so redesignated), by ‘‘(ii) describe how funds allocated for areas
such form, at such time, and containing such striking ‘‘railway-highway grade crossings’’ and described in that clause will be allocated equi-
information as the Secretary may require; and inserting ‘‘projects eligible under section 130 and tably among the applicable urbanized areas dur-
‘‘(II) have in place adequate financial con- installation of safety barriers and nets on ing the period of fiscal years 2022 through 2026.
trols to allow the State to determine the average bridges’’; ‘‘(B) CONSULTATION WITH REGIONAL TRANS-
annual Federal share requirements under the (E) in paragraph (7) (as so redesignated)— PORTATION PLANNING ORGANIZATIONS.—For pur-
pilot program. (i) by inserting ‘‘including the maintenance poses of clauses (iii) and (iv) of paragraph
‘‘(ii) REQUIREMENT.—For each of fiscal years and restoration of existing recreational trails,’’ (1)(A), before obligating funding attributed to
2022 through 2026, the Secretary shall select not after ‘‘section 206’’; and an area with a population less than 50,000, a
more than 10 States to be participating States.’’. (ii) by striking ‘‘the safe routes to school pro- State shall consult with the regional transpor-
SEC. 11108. RAILWAY-HIGHWAY GRADE CROSS- gram under section 1404 of SAFETEA–LU (23 tation planning organizations that represent the
INGS. U.S.C. 402 note)’’ and inserting ‘‘the safe routes area, if any.’’; and
(a) IN GENERAL.—Section 130(e) of title 23, to school program under section 208’’; (C) by striking paragraph (6);
United States Code, is amended— (F) by inserting after paragraph (13) (as so re- (4) in subsection (e)(1), in the matter pre-
(1) in the heading, by striking ‘‘PROTECTIVE designated) the following: ceding subparagraph (A), by striking ‘‘fiscal
DEVICES’’ and inserting ‘‘RAILWAY-HIGHWAY ‘‘(14) Projects and strategies designed to re- years 2016 through 2020’’ and inserting ‘‘fiscal
GRADE CROSSINGS’’; and duce the number of wildlife-vehicle collisions, years 2022 through 2026’’;
(2) in paragraph (1)— including project-related planning, design, con- (5) in subsection (f)—
(A) in subparagraph (A), by striking ‘‘and the struction, monitoring, and preventative mainte- (A) in paragraph (1)—
installation of protective devices at railway- nance. (i) by inserting ‘‘or low water crossing (as de-
highway crossings’’ in the matter preceding ‘‘(15) The installation of electric vehicle fined by the Secretary)’’ after ‘‘a highway
clause (i) and all that follows through ‘‘2020.’’ charging infrastructure and vehicle-to-grid in- bridge’’; and
in clause (v) and inserting the following: ‘‘, the frastructure. (ii) by inserting ‘‘or low water crossing (as de-
installation of protective devices at railway- ‘‘(16) The installation and deployment of cur- fined by the Secretary)’’ after ‘‘other than a
highway crossings, the replacement of function- rent and emerging intelligent transportation bridge’’;
ally obsolete warning devices, and as described technologies, including the ability of vehicles to (B) in paragraph (2)(A)—
in subparagraph (B), not less than $245,000,000 communicate with infrastructure, buildings, and (i) by striking ‘‘activities described in sub-
for each of fiscal years 2022 through 2026.’’; and other road users. section (b)(2) for off-system bridges’’ and insert-
(B) by striking subparagraph (B) and insert- ‘‘(17) Planning and construction of projects ing ‘‘activities described in paragraphs (1)(A)
ing the following: that facilitate intermodal connections between and (10) of subsection (b) for off-system bridges,
‘‘(B) REDUCING TRESPASSING FATALITIES AND emerging transportation technologies, such as projects and activities described in subsection
INJURIES.—A State may use funds set aside magnetic levitation and hyperloop. (b)(1)(A) for the replacement of low water cross-
under subparagraph (A) for projects to reduce ‘‘(18) Protective features, including natural ings with bridges, and projects and activities de-
pedestrian fatalities and injuries from tres- infrastructure, to enhance the resilience of a scribed in subsection (b)(10) for low water cross-
passing at grade crossings.’’. transportation facility otherwise eligible for as- ings (as defined by the Secretary),’’; and
(b) FEDERAL SHARE.—Section 130(f)(3) of title sistance under this section. (ii) by striking ‘‘15 percent’’ and inserting ‘‘20
23, United States Code, is amended by striking ‘‘(19) Measures to protect a transportation fa- percent’’; and
‘‘90 percent’’ and inserting ‘‘100 percent’’. cility otherwise eligible for assistance under this (C) in paragraph (3), in the matter preceding
(c) INCENTIVE PAYMENTS FOR AT-GRADE section from cybersecurity threats.’’; and subparagraph (A)—
CROSSING CLOSURES.—Section 130(i)(3)(B) of (G) by adding at the end the following: (i) by striking ‘‘bridge or rehabilitation of a
title 23, United States Code, is amended by strik- ‘‘(23) Rural barge landing, dock, and water- bridge’’ and inserting ‘‘bridge, rehabilitation of
ing ‘‘$7,500’’ and inserting ‘‘$100,000’’. front infrastructure projects in accordance with a bridge, or replacement of a low water crossing
(d) EXPENDITURE OF FUNDS.—Section 130(k) of subsection (j). (as defined by the Secretary) with a bridge’’;
title 23, United States Code, is amended by strik- ‘‘(24) Projects to enhance travel and tour- and
ing ‘‘2 percent’’ and inserting ‘‘8 percent’’. ism.’’; (ii) by inserting ‘‘or, in the case of a replace-
(e) GAO STUDY.—Not later than 3 years after (2) in subsection (c)— ment of a low water crossing with a bridge, is
the date of enactment of this Act, the Comp- (A) in paragraph (2), by striking ‘‘paragraphs determined by the Secretary on completion to
troller General of the United States shall submit (4) through (11)’’ and inserting ‘‘paragraphs (5) have improved the safety of the location’’ after
to Congress a report that includes an analysis of through (15) and paragraph (23)’’; ‘‘no longer a deficient bridge’’;
the effectiveness of the railway-highway cross- (B) in paragraph (3), by striking ‘‘and’’ at the (6) in subsection (g)—
ings program under section 130 of title 23, end; (A) in the subsection heading, by striking
United States Code. (C) by redesignating paragraph (4) as para- ‘‘LESS THAN 5,000’’ and inserting ‘‘LESS THAN
(f) SENSE OF CONGRESS RELATING TO TRES- graph (5); and 50,000’’; and
PASSER DEATHS ALONG RAILROAD RIGHTS-OF- (D) by inserting after paragraph (3) the fol- (B) by striking paragraph (1) and inserting
WAY.—It is the sense of Congress that the De- lowing: the following:
partment should, where feasible, coordinate de- ‘‘(4) for a bridge project for the replacement of ‘‘(1) IN GENERAL.—Notwithstanding subsection
ctelli on DSK11ZRN23PROD with HOUSE
partmental efforts to prevent or reduce tres- a low water crossing (as defined by the Sec- (c), and except as provided in paragraph (2), up
passer deaths along railroad rights-of-way and retary) with a bridge; and’’; to 15 percent of the amounts required to be obli-
at or near railway-highway crossings. (3) in subsection (d)— gated by a State under clauses (iii) and (iv) of
SEC. 11109. SURFACE TRANSPORTATION BLOCK (A) in paragraph (1)— subsection (d)(1)(A) for each fiscal year may be
GRANT PROGRAM. (i) in the matter preceding subparagraph (A), obligated on—
(a) IN GENERAL.—Section 133 of title 23, by striking ‘‘reservation’’ and inserting ‘‘set ‘‘(A) roads functionally classified as rural
United States Code, is amended— aside’’; and minor collectors or local roads; or
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September 27, 2021 CONGRESSIONAL RECORD — HOUSE H5193
‘‘(B) on critical rural freight corridors des- ‘‘(V) how the State will comply with para- ‘‘(I) directly by the State; or
ignated under section 167(e).’’; and graph (8); and ‘‘(II) through contracts with State agencies,
(7) by adding at the end the following: ‘‘(ii) the Secretary approves the plan sub- private entities, or nonprofit entities.’’;
‘‘(j) RURAL BARGE LANDING, DOCK, AND WA- mitted under clause (i).’’; (G) by redesignating paragraph (7) as para-
TERFRONT INFRASTRUCTURE PROJECTS.— (C) by striking paragraph (3) and inserting graph (8);
‘‘(1) IN GENERAL.—A State may use not more the following: (H) by inserting after paragraph (6) the fol-
than 5 percent of the funds apportioned to the ‘‘(3) ELIGIBLE PROJECTS.—Funds set aside lowing:
State under section 104(b)(2) for eligible rural under this subsection may be obligated for— ‘‘(7) FEDERAL SHARE.—
barge landing, dock, and waterfront infrastruc- ‘‘(A) projects or activities described in section ‘‘(A) REQUIRED AGGREGATE NON-FEDERAL
ture projects described in paragraph (2). 101(a)(29) or 213, as those provisions were in ef- SHARE.—The average annual non-Federal share
‘‘(2) ELIGIBLE PROJECTS.—An eligible rural fect on the day before the date of enactment of of the total cost of all projects for which funds
barge landing, dock, or waterfront infrastruc- the FAST Act (Public Law 114–94; 129 Stat. are obligated under this subsection in a State
ture project referred to in paragraph (1) is a 1312); for a fiscal year shall be not less than the aver-
project for the planning, designing, engineering, ‘‘(B) projects and activities under the safe age non-Federal share of the cost of the projects
or construction of a barge landing, dock, or routes to school program under section 208; and that would otherwise apply.
other waterfront infrastructure in a rural com- ‘‘(C) activities in furtherance of a vulnerable ‘‘(B) FLEXIBLE FINANCING.—Subject to sub-
munity or a Native village (as defined in section road user safety assessment (as defined in sec- paragraph (A), notwithstanding section 120—
3 of the Alaska Native Claims Settlement Act (43 tion 148(a)).’’; ‘‘(i) funds made available to carry out section
U.S.C. 1602)) that is off the road system. (D) in paragraph (4)— 148 may be credited toward the non-Federal
‘‘(k) PROJECTS IN RURAL AREAS.— (i) by striking subparagraph (A); share of the costs of a project under this sub-
‘‘(1) SET ASIDE.—Notwithstanding subsection (ii) by redesignating subparagraph (B) as sub- section if the project—
(c), in addition to the activities described in sub- paragraph (A); ‘‘(I) is an eligible project described in section
sections (b) and (g), of the amounts apportioned (iii) in subparagraph (A) (as so redesig- 148(e)(1); and
to a State for each fiscal year to carry out this nated)— ‘‘(II) is consistent with the State strategic
section, not more than 15 percent may be— (I) by redesignating clauses (vii) and (viii) as highway safety plan (as defined in section
‘‘(A) used on eligible projects under subsection clauses (viii) and (ix), respectively; 148(a));
(b) or maintenance activities on roads function- (II) by inserting after clause (vi) the fol- ‘‘(ii) the non-Federal share for a project under
ally classified as rural minor collectors or local lowing: this subsection may be calculated on a project,
roads, ice roads, or seasonal roads; or ‘‘(vii) a metropolitan planning organization multiple-project, or program basis; and
‘‘(B) transferred to— that serves an urbanized area with a population ‘‘(iii) the Federal share of the cost of an indi-
‘‘(i) the Appalachian Highway System Pro- of 200,000 or fewer;’’; vidual project in this section may be up to 100
gram under 14501 of title 40; or (III) in clause (viii) (as so redesignated), by percent.
‘‘(ii) the Denali access system program under striking ‘‘responsible’’ and all that follows ‘‘(C) REQUIREMENT.—Subparagraph (B) shall
section 309 of the Denali Commission Act of 1998 through ‘‘programs; and’’ and inserting a semi- only apply to a State if the State has adequate
(42 U.S.C. 3121 note; Public Law 105–277). colon; financial controls, as certified by the Secretary,
‘‘(2) SAVINGS CLAUSE.—Amounts allocated (IV) in clause (ix) (as so redesignated)— to account for the average annual non-Federal
under subsection (d) shall not be used to carry (aa) by inserting ‘‘that serves an urbanized share under this paragraph.’’; and
out this subsection, except at the request of the area with a population of over 200,000’’ after (I) in subparagraph (A) of paragraph (8) (as
applicable metropolitan planning organiza- ‘‘metropolitan planning organization’’; and so redesignated)—
tion.’’. (bb) by striking the period at the end and in- (i) in the matter preceding clause (i), by strik-
(b) SET-ASIDE.— serting ‘‘; and’’; and ing ‘‘describes’’ and inserting ‘‘includes’’; and
(1) IN GENERAL.—Section 133(h) of title 23, (V) by adding at the end the following: (ii) by striking clause (ii) and inserting the
United States Code, is amended— ‘‘(x) a State, at the request of an entity de- following:
(A) in paragraph (1)— scribed in clauses (i) through (ix).’’; and ‘‘(ii) a list of each project selected for funding
(i) in the heading, by striking ‘‘RESERVATION
(iv) by adding at the end the following: for each fiscal year, including, for each
OF FUNDS’’ and inserting ‘‘IN GENERAL’’; and
‘‘(B) COMPETITIVE PROCESS.—A State or met- project—
(ii) in the matter preceding subparagraph (A),
ropolitan planning organization required to ob- ‘‘(I) the fiscal year during which the project
by striking ‘‘for each fiscal year’’ and all that
ligate funds in accordance with paragraph (2) was selected;
follows through ‘‘and’’ at the end of subpara-
shall develop a competitive process to allow eli- ‘‘(II) the fiscal year in which the project is
graph (A)(ii) and inserting the following: ‘‘for
gible entities to submit projects for funding that anticipated to be funded;
fiscal year 2022 and each fiscal year thereafter—
achieve the objectives of this subsection. ‘‘(III) the recipient;
‘‘(A) the Secretary shall set aside an amount
‘‘(C) SELECTION.—A metropolitan planning or- ‘‘(IV) the location, including the congres-
equal to 10 percent to carry out this subsection;
ganization for an area described in subsection sional district;
and’’;
(B) by striking paragraph (2) and inserting (d)(1)(A)(i) shall select projects under the com- ‘‘(V) the type;
the following: petitive process described in subparagraph (B) ‘‘(VI) the cost; and
‘‘(2) ALLOCATION WITHIN A STATE.— in consultation with the relevant State. ‘‘(VII) a brief description.’’.
‘‘(A) IN GENERAL.—Except as provided in sub- ‘‘(D) PRIORITIZATION.—The competitive proc- (2) STATE TRANSFERABILITY.—Section 126(b)(2)
paragraph (B), funds set aside for a State under ess described in subparagraph (B) shall include of title 23, United States Code, is amended—
paragraph (1) shall be obligated within that prioritization of project location and impact in (A) by striking the period at the end and in-
State in the manner described in subsection (d), high-need areas as defined by the State, such as serting ‘‘; and’’;
except that, for purposes of this paragraph low-income, transit-dependent, rural, or other (B) by striking ‘‘reserved for a State under
(after funds are made available under para- areas.’’; section 133(h) for a fiscal year may’’ and insert-
graph (5))— (E) in paragraph (5)(A), by striking ‘‘reserved ing the following: ‘‘set aside for a State under
‘‘(i) for fiscal year 2022 and each fiscal year under this section’’ and inserting ‘‘set aside section 133(h) for a fiscal year—
thereafter, the percentage referred to in para- under this subsection’’; ‘‘(A) may’’; and
graph (1)(A) of that subsection shall be deemed (F) in paragraph (6)— (C) by adding at the end the following:
to be 59 percent; and (i) in subparagraph (B), by striking ‘‘re- ‘‘(B) may only be transferred if the Secretary
‘‘(ii) paragraph (3) of subsection (d) shall not served’’ and inserting ‘‘set aside’’; and certifies that the State—
apply. (ii) by adding at the end the following: ‘‘(i) held a competition in compliance with the
‘‘(B) LOCAL CONTROL.—A State may allocate ‘‘(C) IMPROVING ACCESSIBILITY AND EFFI- guidance issued to carry out section 133(h) and
up to 100 percent of the funds referred to in sub- CIENCY.— provided sufficient time for applicants to apply;
paragraph (A)(i) if— ‘‘(i) IN GENERAL.—A State may use an amount ‘‘(ii) offered to each eligible entity, and pro-
‘‘(i) the State submits to the Secretary a plan equal to not more than 5 percent of the funds vided on request of an eligible entity, technical
that describes— set aside for the State under this subsection, assistance; and
‘‘(I) how funds will be allocated to counties, after allocating funds in accordance with para- ‘‘(iii) demonstrates that there were not suffi-
metropolitan planning organizations, regional graph (2)(A), to improve the ability of appli- ciently suitable applications from eligible enti-
transportation planning organizations as de- cants to access funding for projects under this ties to use the funds to be transferred.’’.
scribed in section 135(m), or local governments; subsection in an efficient and expeditious man- SEC. 11110. NATIONALLY SIGNIFICANT FREIGHT
‘‘(II) how the entities described in subclause ner by providing— AND HIGHWAY PROJECTS.
(I) will carry out a competitive process to select ‘‘(I) to applicants for projects under this sub- (a) IN GENERAL.—Section 117 of title 23,
projects for funding and report selected projects section application assistance, technical assist- United States Code, is amended—
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to the State; ance, and assistance in reducing the period of (1) in the section heading, by inserting
‘‘(III) the legal, financial, and technical ca- time between the selection of the project and the ‘‘multimodal’’ before ‘‘freight’’;
pacity of the entities described in subclause (I); obligation of funds for the project; and (2) in subsection (a)(2)—
‘‘(IV) how input was gathered from the enti- ‘‘(II) funding for 1 or more full-time State em- (A) in subparagraph (A), by inserting ‘‘in and
ties described in subclause (I) to ensure those ployee positions to administer this subsection. across rural and urban areas’’ after ‘‘people’’;
entities will be able to comply with the require- ‘‘(ii) USE OF FUNDS.—Amounts used under (B) in subparagraph (C), by inserting ‘‘or
ments of this subsection; and clause (i) may be expended— freight’’ after ‘‘highway’’;
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H5194 CONGRESSIONAL RECORD — HOUSE September 27, 2021
(C) in subparagraph (E), by inserting ‘‘or or to reduce stormwater runoff for the purpose ule, and budget if the request is not approved;
freight’’ after ‘‘highway’’; and of improving habitat for aquatic species)’’ after and
(D) in subparagraph (F), by inserting ‘‘, in- ‘‘environmental mitigation’’; ‘‘(iii) the level of risk of the activities de-
cluding highways that support movement of en- (8) in subsection (h)— scribed in clause (i).
ergy equipment’’ after ‘‘security’’; (A) in paragraph (2), by striking ‘‘and’’ at the ‘‘(B) APPROVAL.—The Secretary shall approve
(3) in subsection (b), by adding at the end the end; or disapprove each request submitted under sub-
following: (B) in paragraph (3), by striking the period at paragraph (A).
‘‘(3) GRANT ADMINISTRATION.—The Secretary the end and inserting a semicolon; and ‘‘(C) COMPLIANCE WITH APPLICABLE REQUIRE-
may— (C) by adding at the end the following: MENTS.—Any non-Federal funds obligated or ex-
‘‘(A) retain not more than a total of 2 percent ‘‘(4) enhancement of freight resilience to nat- pended under paragraph (1) shall comply with
of the funds made available to carry out this ural hazards or disasters, including high winds, all applicable requirements, including any re-
section for the National Surface Transportation heavy snowfall, flooding, rockslides, mudslides, quirements included in the grant agreement.
and Innovative Finance Bureau to review appli- wildfire, wildlife crossing onto the roadway, or ‘‘(3) EFFECT.—The obligation or expenditure
cations for grants under this section; and steep grades; of any non-Federal funds in accordance with
‘‘(B) transfer portions of the funds retained ‘‘(5) whether the project will improve the this subsection shall not—
under subparagraph (A) to the relevant Admin- shared transportation corridor of a multistate ‘‘(A) affect the signing of a grant agreement
istrators to fund the award and oversight of corridor organization, if applicable; and or other applicable grant procedures with re-
grants provided under this section.’’; ‘‘(6) prioritizing projects located in States in spect to the applicable grant;
(4) in subsection (c)(1)— which neither the State nor an eligible entity in ‘‘(B) create an obligation on the part of the
(A) by redesignating subparagraph (H) as sub- that State has been awarded a grant under this Federal Government to repay any non-Federal
paragraph (I); and section.’’; funds if the grant agreement is not signed; or
(B) by inserting after subparagraph (G) the (9) in subsection (i)(2), by striking ‘‘other ‘‘(C) affect the ability of the recipient of the
following: grants under this section’’ and inserting ‘‘grants grant to obligate or expend non-Federal funds
‘‘(H) A multistate corridor organization.’’; under subsection (e)’’; to meet the non-Federal cost share for the
(5) in subsection (d)— (10) in subsection (j)— project for which the grant is provided after the
(A) in paragraph (1)(A)— (A) by striking the subsection designation and period described in paragraph (1).’’;
(i) in clause (iii)(II), by striking ‘‘or’’ at the heading and all that follows through ‘‘The Fed- (13) in subsection (n) (as so redesignated), by
end; eral share’’ in paragraph (1) and inserting the striking paragraph (1) and inserting the fol-
(ii) in clause (iv), by striking ‘‘and’’ at the following: lowing:
end; and ‘‘(j) FEDERAL ASSISTANCE.— ‘‘(1) IN GENERAL.—Not later than 60 days be-
(iii) by adding at the end the following: ‘‘(1) FEDERAL SHARE.— fore the date on which a grant is provided for
‘‘(v) a wildlife crossing project; ‘‘(A) IN GENERAL.—Except as provided in sub- a project under this section, the Secretary shall
‘‘(vi) a surface transportation infrastructure paragraph (B) or for a grant under subsection submit to the Committees on Commerce, Science,
project that— (q), the Federal share’’; and Transportation and Environment and Pub-
‘‘(I) is located within the boundaries of or (B) in paragraph (1), by adding at the end the lic Works of the Senate and the Committee on
functionally connected to an international bor- following: Transportation and Infrastructure of the House
der crossing area in the United States; ‘‘(B) SMALL PROJECTS.—In the case of a of Representatives a report describing the pro-
‘‘(II) improves a transportation facility owned project described in subsection (e)(1), the Fed- posed grant, including—
by a Federal, State, or local government entity; eral share of the cost of the project shall be 80 ‘‘(A) an evaluation and justification for the
and percent.’’; and applicable project; and
‘‘(III) increases throughput efficiency of the (C) in paragraph (2)— ‘‘(B) a description of the amount of the pro-
border crossing described in subclause (I), in- (i) by striking ‘‘Federal assistance other’’ and posed grant award.’’;
cluding— (14) by inserting after subsection (n) (as so re-
inserting ‘‘Except for grants under subsection
‘‘(aa) a project to add lanes; designated) the following:
(q), Federal assistance other’’; and
‘‘(o) APPLICANT NOTIFICATION.—
‘‘(bb) a project to add technology; and (ii) by striking ‘‘except that the total Federal’’ ‘‘(1) IN GENERAL.—Not later than 60 days after
‘‘(cc) other surface transportation improve- and inserting the following: ‘‘except that— the date on which a grant recipient for a project
ments; ‘‘(A) for a State with a population density of under this section is selected, the Secretary shall
‘‘(vii) a project for a marine highway corridor not more than 80 persons per square mile of land provide to each eligible applicant not selected
designated by the Secretary under section area, based on the 2010 census, the maximum for that grant a written notification that the eli-
55601(c) of title 46 (including an inland water- share of the total Federal assistance provided gible applicant was not selected.
way corridor), if the Secretary determines that for a project receiving a grant under this section ‘‘(2) INCLUSION.—A written notification under
the project— shall be the applicable share under section paragraph (1) shall include an offer for a writ-
‘‘(I) is functionally connected to the National 120(b); and ten or telephonic debrief by the Secretary that
Highway Freight Network; and ‘‘(B) for a State not described in subpara- will provide—
‘‘(II) is likely to reduce on-road mobile source graph (A), the total Federal’’; ‘‘(A) detail on the evaluation of the applica-
emissions; or (11) by redesignating subsections (k) through tion of the eligible applicant; and
‘‘(viii) a highway, bridge, or freight project (n) as subsections (l), (m), (n), and (p), respec- ‘‘(B) an explanation of and guidance on the
carried out on the National Multimodal Freight tively; reasons the application was not selected for a
Network established under section 70103 of title (12) by inserting after subsection (j) the fol- grant under this section.
49; and’’; and lowing: ‘‘(3) RESPONSE.—
(B) in paragraph (2)(A), in the matter pre- ‘‘(k) EFFICIENT USE OF NON-FEDERAL ‘‘(A) IN GENERAL.—Not later than 30 days
ceding clause (i)— FUNDS.— after the eligible applicant receives a written no-
(i) by striking ‘‘$600,000,000’’ and inserting ‘‘30 ‘‘(1) IN GENERAL.—Notwithstanding any other tification under paragraph (1), if the eligible ap-
percent’’; and provision of law and subject to approval by the plicant opts to receive a debrief described in
(ii) by striking ‘‘fiscal years 2016 through 2020, Secretary under paragraph (2)(B), in the case of paragraph (2), the eligible applicant shall notify
in the aggregate,’’ and inserting ‘‘each of fiscal any grant for a project under this section, dur- the Secretary that the eligible applicant is re-
years 2022 through 2026’’; ing the period beginning on the date on which questing a debrief.
(6) in subsection (e)— the grant recipient is selected and ending on the ‘‘(B) DEBRIEF.—If the eligible applicant sub-
(A) in paragraph (1), by striking ‘‘10 percent’’ date on which the grant agreement is signed— mits a request for a debrief under subparagraph
and inserting ‘‘not less than 15 percent’’; ‘‘(A) the grant recipient may obligate and ex- (A), the Secretary shall provide the debrief by
(B) in paragraph (3)— pend non-Federal funds with respect to the not later than 60 days after the date on which
(i) in subparagraph (A), by striking ‘‘and’’ at project for which the grant is provided; and the Secretary receives the request for a de-
the end; ‘‘(B) any non-Federal funds obligated or ex- brief.’’; and
(ii) in subparagraph (B), by striking the pe- pended in accordance with subparagraph (A) (15) by striking subsection (p) (as so redesig-
riod at the end and inserting ‘‘; and’’; and shall be credited toward the non-Federal cost nated) and inserting the following:
(iii) by adding at the end the following: share for the project for which the grant is pro- ‘‘(p) REPORTS.—
‘‘(C) the effect of the proposed project on safe- vided. ‘‘(1) ANNUAL REPORT.—
ty on freight corridors with significant hazards, ‘‘(2) REQUIREMENTS.— ‘‘(A) IN GENERAL.—Notwithstanding any other
such as high winds, heavy snowfall, flooding, ‘‘(A) APPLICATION.—In order to obligate and provision of law, not later than 30 days after
rockslides, mudslides, wildfire, wildlife crossing expend non-Federal funds under paragraph (1), the date on which the Secretary selects a project
onto the roadway, or steep grades.’’; and the grant recipient shall submit to the Secretary for funding under this section, the Secretary
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(C) by adding at the end the following: a request to obligate and expend non-Federal shall submit to the Committee on Environment
‘‘(4) REQUIREMENT.—Of the amounts reserved funds under that paragraph, including— and Public Works of the Senate and the Com-
under paragraph (1), not less than 30 percent ‘‘(i) a description of the activities the grant re- mittee on Transportation and Infrastructure of
shall be used for projects in rural areas (as de- cipient intends to fund; the House of Representatives a report that de-
fined in subsection (i)(3)).’’; ‘‘(ii) a justification for advancing the activi- scribes the reasons for selecting the project,
(7) in subsection (f)(2), by inserting ‘‘(includ- ties described in clause (i), including an assess- based on any criteria established by the Sec-
ing a project to replace or rehabilitate a culvert, ment of the effects to the project scope, sched- retary in accordance with this section.
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September 27, 2021 CONGRESSIONAL RECORD — HOUSE H5195
‘‘(B) INCLUSIONS.—The report submitted under location of the entire amount reserved under (B) for a project eligible under title 23, United
subparagraph (A) shall specify each criterion subparagraph (A), the Secretary shall use the States Code; and
established by the Secretary that the project unutilized amounts to provide other grants (C) in an amount greater than $5,000,000.
meets. under this section. SEC. 11111. HIGHWAY SAFETY IMPROVEMENT
‘‘(C) AVAILABILITY.—The Secretary shall ‘‘(5) SET-ASIDES.— PROGRAM.
make available on the website of the Depart- ‘‘(A) SMALL PROJECTS.— (a) IN GENERAL.—Section 148 of title 23,
ment of Transportation the report submitted ‘‘(i) IN GENERAL.—Of the amounts reserved United States Code, is amended—
under subparagraph (A). under paragraph (4)(A), the Secretary shall re- (1) in subsection (a)—
‘‘(D) APPLICABILITY.—This paragraph applies serve for each fiscal year not less than 10 per- (A) in paragraph (4)(B)—
to all projects described in subparagraph (A) cent for projects eligible for a grant under sub- (i) in clause (i), by inserting ‘‘that provides
that the Secretary selects on or after October 1, section (e). for the safety of all road users, as appropriate,
2021. ‘‘(ii) REQUIREMENT.—For a grant awarded including a multimodal roundabout’’ after ‘‘im-
‘‘(2) COMPTROLLER GENERAL.— from the amount reserved under clause (i)— provement’’;
‘‘(A) ASSESSMENT.—The Comptroller General ‘‘(I) the requirements of subsection (e) shall (ii) in clause (vi), by inserting ‘‘or a grade
of the United States shall conduct an assess- apply; and separation project’’ after ‘‘devices’’;
ment of the establishment, solicitation, selection, ‘‘(II) the requirements of subsection (g) shall (iii) by striking clause (viii) and inserting the
and justification process with respect to the not apply. following:
funding of projects under this section. ‘‘(B) RURAL PROJECTS.— ‘‘(viii) Construction or installation of fea-
‘‘(B) REPORT.—Not later than 1 year after the ‘‘(i) IN GENERAL.—Of the amounts reserved tures, measures, and road designs to calm traffic
date of enactment of the Surface Transportation under paragraph (4)(A), the Secretary shall re- and reduce vehicle speeds.’’;
Reauthorization Act of 2021 and annually there- serve for each fiscal year not less than 25 per- (iv) by striking clause (xxvi) and inserting the
after, the Comptroller General of the United cent for projects eligible for a grant under sub- following:
States shall submit to the Committee on Envi- section (i). ‘‘(xxvi) Installation or upgrades of traffic con-
ronment and Public Works of the Senate and ‘‘(ii) REQUIREMENT.—For a grant awarded trol devices for pedestrians and bicyclists, in-
the Committee on Transportation and Infra- from the amount reserved under clause (i), the cluding pedestrian hybrid beacons and the addi-
structure of the House of Representatives a re- requirements of subsection (i) shall apply. tion of bicycle movement phases to traffic sig-
port that describes, for each project selected to ‘‘(6) REPORT TO CONGRESS.—Not later than 2 nals.’’; and
receive funding under this section— years after the date of enactment of this sub- (v) by striking clauses (xxvii) and (xxviii) and
‘‘(i) the process by which each project was se- section, the Secretary shall submit to the Com- inserting the following:
lected; mittee on Environment and Public Works and ‘‘(xxvii) Roadway improvements that provide
‘‘(ii) the factors that went into the selection of the Committee on Commerce, Science, and separation between pedestrians and motor vehi-
each project; and Transportation of the Senate and the Committee cles or between bicyclists and motor vehicles, in-
‘‘(iii) the justification for the selection of each on Transportation and Infrastructure of the cluding medians, pedestrian crossing islands,
project based on any criteria established by the House of Representatives a report that describes protected bike lanes, and protected intersection
Secretary in accordance with this section. the administration of the pilot program, includ- features.
‘‘(3) INSPECTOR GENERAL.—Not later than 1 ing— ‘‘(xxviii) A pedestrian security feature de-
year after the date of enactment of the Surface ‘‘(A) the number, types, and locations of eligi- signed to slow or stop a motor vehicle.
Transportation Reauthorization Act of 2021 and ble applicants that have applied for grants ‘‘(xxix) A physical infrastructure safety
annually thereafter, the Inspector General of under the pilot program; project not described in clauses (i) through
the Department of Transportation shall— ‘‘(B) the number, types, and locations of grant (xxviii).’’;
‘‘(A) conduct an assessment of the establish- recipients under the pilot program; (B) by redesignating paragraphs (9) through
ment, solicitation, selection, and justification ‘‘(C) an assessment of whether implementation (12) as paragraphs (10), (12), (13), and (14), re-
process with respect to the funding of projects of the pilot program has incentivized eligible ap- spectively;
under this section; and plicants to offer a greater non-Federal share for (C) by inserting after paragraph (8) the fol-
‘‘(B) submit to the Committee on Environment grants under the pilot program; and lowing:
and Public Works of the Senate and the Com- ‘‘(D) any recommendations for modifications ‘‘(9) SAFE SYSTEM APPROACH.—The term ‘safe
mittee on Transportation and Infrastructure of to the pilot program. system approach’ means a roadway design—
the House of Representatives a final report that ‘‘(r) MULTISTATE CORRIDOR ORGANIZATION ‘‘(A) that emphasizes minimizing the risk of
describes the findings of the Inspector General DEFINED.—For purposes of this section, the term injury or fatality to road users; and
of the Department of Transportation with re- ‘multistate corridor organization’ means an or- ‘‘(B) that—
spect to the assessment conducted under sub- ganization of a group of States developed ‘‘(i) takes into consideration the possibility
paragraph (A). through cooperative agreements, coalitions, or and likelihood of human error;
‘‘(q) STATE INCENTIVES PILOT PROGRAM.— ‘‘(ii) accommodates human injury tolerance by
other arrangements to promote regional co-
‘‘(1) ESTABLISHMENT.—There is established a taking into consideration likely accident types,
operation, planning, and shared project imple-
pilot program to award grants to eligible appli- resulting impact forces, and the ability of the
mentation for programs and projects to improve
cants for projects eligible for grants under this human body to withstand impact forces; and
transportation system management and oper-
section (referred to in this subsection as the ‘‘(iii) takes into consideration vulnerable road
ations for a shared transportation corridor.
‘pilot program’). users.’’;
‘‘(s) ADDITIONAL AUTHORIZATION OF APPRO-
‘‘(2) PRIORITY.—In awarding grants under the (D) by inserting after paragraph (10) (as so re-
PRIATIONS.—In addition to amounts made avail-
pilot program, the Secretary shall give priority designated) the following:
able from the Highway Trust Fund, there are
to an application that offers a greater non-Fed- ‘‘(11) SPECIFIED SAFETY PROJECT.—
authorized to be appropriated to carry out this
eral share of the cost of a project relative to ‘‘(A) IN GENERAL.—The term ‘specified safety
section, to remain available for a period of 3 fis-
other applications under the pilot program. project’ means a project carried out for the pur-
cal years following the fiscal year for which the
‘‘(3) FEDERAL SHARE.— pose of safety under any other section of this
‘‘(A) IN GENERAL.—Notwithstanding any other amounts are appropriated—
title that is consistent with the State strategic
provision of law, the Federal share of the cost of ‘‘(1) $1,000,000,000 for fiscal year 2022;
highway safety plan.
a project assisted with a grant under the pilot ‘‘(2) $1,100,000,000 for fiscal year 2023; ‘‘(B) INCLUSION.—The term ‘specified safety
program may not exceed 50 percent. ‘‘(3) $1,200,000,000 for fiscal year 2024; project’ includes a project that—
‘‘(B) NO FEDERAL INVOLVEMENT.— ‘‘(4) $1,300,000,000 for fiscal year 2025; and ‘‘(i) promotes public awareness and informs
‘‘(i) IN GENERAL.—For grants awarded under ‘‘(5) $1,400,000,000 for fiscal year 2026.’’. the public regarding highway safety matters (in-
the pilot program, except as provided in clause (b) CLERICAL AMENDMENT.—The analysis for cluding safety for motorcyclists, bicyclists, pe-
(ii), an eligible applicant may not use Federal chapter 1 of title 23, United States Code, is destrians, individuals with disabilities, and
assistance to satisfy the non-Federal share of amended by striking the item relating to section other road users);
the cost under subparagraph (A). 117 and inserting the following: ‘‘(ii) facilitates enforcement of traffic safety
‘‘(ii) EXCEPTION.—An eligible applicant may ‘‘117. Nationally significant multimodal freight laws;
use funds from a secured loan (as defined in sec- and highway projects.’’. ‘‘(iii) provides infrastructure and infrastruc-
tion 601(a)) to satisfy the non-Federal share of (c) EFFICIENT USE OF NON-FEDERAL FUNDS.— ture-related equipment to support emergency
the cost under subparagraph (A) if the loan is (1) IN GENERAL.—Notwithstanding any other services;
repayable from non-Federal funds. provision of law, in the case of a grant described ‘‘(iv) conducts safety-related research to
‘‘(4) RESERVATION.— in paragraph (2), section 117(k) of title 23, evaluate experimental safety countermeasures or
‘‘(A) IN GENERAL.—Of the amounts made United States Code, shall apply to the grant as equipment; or
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available to provide grants under this section, if the grant was a grant provided under that ‘‘(v) supports safe routes to school noninfra-
the Secretary shall reserve for each fiscal year section. structure-related activities described in section
$150,000,000 to provide grants under the pilot (2) GRANT DESCRIBED.—A grant referred to in 208(g)(2).’’;
program. paragraph (1) is a grant that is— (E) in paragraph (13) (as so redesignated)—
‘‘(B) UNUTILIZED AMOUNTS.—In any fiscal (A) provided under a competitive discretionary (i) by redesignating subparagraphs (G), (H),
year during which applications under this sub- grant program administered by the Federal and (I) as subparagraphs (H), (I), and (J), re-
section are insufficient to effect an award or al- Highway Administration; spectively; and
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H5196 CONGRESSIONAL RECORD — HOUSE September 27, 2021
(ii) by inserting after subparagraph (F) the ‘‘(1) IN GENERAL.—Not later than 2 years after (1) in subsection (b)(7)(B), by striking ‘‘deter-
following; the date of enactment of this subsection, each mined in accordance with section 120’’, and in-
‘‘(G) includes a vulnerable road user safety State shall complete a vulnerable road user safe- serting ‘‘be up to 100 percent’’; and
assessment;’’; and ty assessment. (2) in subsection (c)(8)(A), by striking ‘‘5 per-
(F) by adding at the end the following: ‘‘(2) CONTENTS.—A vulnerable road user safe- cent’’ and inserting ‘‘20 percent’’.
‘‘(15) VULNERABLE ROAD USER.—The term ty assessment under paragraph (1) shall in- (b) FEDERAL LANDS ACCESS PROGRAM.—Sec-
‘vulnerable road user’ means a nonmotorist— clude— tion 204(a) of title 23, United States Code, is
‘‘(A) with a fatality analysis reporting system ‘‘(A) a quantitative analysis of vulnerable amended—
person attribute code that is included in the def- road user fatalities and serious injuries that— (1) in paragraph (1)(A)—
inition of the term ‘number of non-motorized fa- ‘‘(i) includes data such as location, roadway (A) in the matter preceding clause (i), by in-
talities’ in section 490.205 of title 23, Code of functional classification, design speed, speed serting ‘‘context-sensitive solutions,’’ after ‘‘res-
Federal Regulations (or successor regulations); limit, and time of day; toration,’’;
or ‘‘(ii) considers the demographics of the loca- (B) in clause (i), by inserting ‘‘, including in-
‘‘(B) described in the term ‘number of non-mo- tions of fatalities and serious injuries, including terpretive panels in or adjacent to those areas’’
torized serious injuries’ in that section. race, ethnicity, income, and age; and after ‘‘areas’’;
‘‘(16) VULNERABLE ROAD USER SAFETY ASSESS- ‘‘(iii) based on the data, identifies areas as (C) in clause (v), by striking ‘‘and’’ at the
MENT.—The term ‘vulnerable road user safety ‘high-risk’ to vulnerable road users; and end;
assessment’ means an assessment of the safety ‘‘(B) a program of projects or strategies to re-
(D) by redesignating clause (vi) as clause (ix);
performance of the State with respect to vulner- duce safety risks to vulnerable road users in
and
able road users and the plan of the State to im- areas identified as high-risk under subpara-
(E) by inserting after clause (v) the following:
prove the safety of vulnerable road users as de- graph (A)(iii).
‘‘(3) USE OF DATA.—In carrying out a vulner- ‘‘(vi) contextual wayfinding markers;
scribed in subsection (l).’’; ‘‘(vii) landscaping;
able road user safety assessment under para-
(2) in subsection (c)— ‘‘(viii) cooperative mitigation of visual blight,
(A) in paragraph (1)(A), by striking ‘‘sub- graph (1), a State shall use data from the most
recent 5-year period for which data is available. including screening or removal; and’’; and
sections (a)(11)’’ and inserting ‘‘subsections (2) by adding at the end the following:
‘‘(4) REQUIREMENTS.—In carrying out a vul-
(a)(13)’’; and ‘‘(6) NATIVE PLANT MATERIALS.—In carrying
nerable road user safety assessment under para-
(B) in paragraph (2)— out an activity described in paragraph (1), the
(i) in subparagraph (A)(vi), by inserting ‘‘and graph (1), a State shall—
‘‘(A) take into consideration a safe system ap- Secretary shall ensure that the entity carrying
to differentiate the safety data for vulnerable out the activity considers, to the maximum ex-
proach; and
road users, including bicyclists, motorcyclists, ‘‘(B) consult with local governments, metro- tent practicable—
and pedestrians, from other road users’’ after politan planning organizations, and regional ‘‘(A) the use of locally adapted native plant
‘‘crashes’’; transportation planning organizations that rep- materials; and
(ii) in subparagraph (B)(i), by striking ‘‘(in- resent a high-risk area identified under para- ‘‘(B) designs that minimize runoff and heat
cluding motorcyclists), bicyclists, pedestrians,’’ graph (2)(A)(iii). generation.’’.
and inserting ‘‘, vulnerable road users (includ- ‘‘(5) UPDATE.—A State shall update the vul- SEC. 11114. NATIONAL HIGHWAY FREIGHT PRO-
ing motorcyclists, bicyclists, pedestrians),’’; and nerable road user safety assessment of the State GRAM.
(iii) in subparagraph (D)— in accordance with the updates required to the Section 167 of title 23, United States Code, is
(I) in clause (iv), by striking ‘‘and’’ at the State strategic highway safety plan under sub- amended—
end; section (d). (1) in subsection (e)—
(II) in clause (v), by striking the semicolon at ‘‘(6) REQUIREMENT FOR TRANSPORTATION SYS- (A) in paragraph (2), by striking ‘‘150 miles’’
the end and inserting ‘‘; and’’; and TEM ACCESS.—The program of projects developed and inserting ‘‘300 miles’’; and
(III) by adding at the end the following: under paragraph (2)(B) may not degrade trans-
‘‘(vi) improves the ability of the State to dif- (B) by adding at the end the following:
portation system access for vulnerable road ‘‘(3) RURAL STATES.—Notwithstanding para-
ferentiate the fatalities and serious injuries of
users. graph (2), a State with a population per square
vulnerable road users, including bicyclists, mo- ‘‘(7) GUIDANCE.— mile of area that is less than the national aver-
torcyclists, and pedestrians, from other road ‘‘(A) IN GENERAL.—Not later than 1 year after age, based on the 2010 census, may designate as
users;’’; the date of enactment of this subsection, the
(3) in subsection (d)(2)(B)(i), by striking ‘‘sub- critical rural freight corridors a maximum of 600
Secretary shall develop guidance for States to miles of highway or 25 percent of the primary
section (a)(11)’’ and inserting ‘‘subsection carry out this subsection.
(a)(13)’’; highway freight system mileage in the State,
‘‘(B) CONSULTATION.—In developing the guid- whichever is greater.’’;
(4) in subsection (e), by adding at the end the ance under this paragraph, the Secretary shall
following: (2) in subsection (f)(4), by striking ‘‘75 miles’’
consult with the States and relevant safety and inserting ‘‘150 miles’’; and
‘‘(3) FLEXIBLE FUNDING FOR SPECIFIED SAFETY stakeholders.’’.
PROJECTS.— (3) in subsection (i)(5)(B)—
(b) HIGH-RISK RURAL ROADS.— (A) in the matter preceding clause (i), by
‘‘(A) IN GENERAL.—To advance the implemen- (1) STUDY.—Not later than 2 years after the
tation of a State strategic highway safety plan, striking ‘‘10 percent’’ and inserting ‘‘30 per-
date of enactment of this Act, the Secretary
a State may use not more than 10 percent of the cent’’;
shall update the study under section 1112(b)(1)
amounts apportioned to the State under section (B) in clause (i), by striking ‘‘and’’ at the end;
of MAP–21 (23 U.S.C. 148 note; Public Law 112–
104(b)(3) for a fiscal year to carry out specified (C) in clause (ii), by striking the period at the
141).
safety projects. end and inserting a semicolon; and
(2) PUBLICATION OF REPORT.—Not later than 2
‘‘(B) RULE OF CONSTRUCTION.—Nothing in this (D) by adding at the end the following:
years after the date of enactment of this Act,
paragraph requires a State to revise any State ‘‘(iii) for the modernization or rehabilitation
the Secretary shall publish on the website of the
process, plan, or program in effect on the date of a lock and dam, if the Secretary determines
Department of Transportation an update to the
of enactment of this paragraph. that the project—
report described in section 1112(b)(2) of MAP–21
‘‘(C) EFFECT OF PARAGRAPH.— ‘‘(I) is functionally connected to the National
(23 U.S.C. 148 note; Public Law 112–141).
‘‘(i) REQUIREMENTS.—A project carried out (3) BEST PRACTICES MANUAL.—Not later than Highway Freight Network; and
under this paragraph shall be subject to all re- ‘‘(II) is likely to reduce on-road mobile source
180 days after the date on which the report is
quirements under this section that apply to a emissions; and
published under paragraph (2), the Secretary
highway safety improvement project. ‘‘(iv) on a marine highway corridor, con-
shall update the best practices manual described
‘‘(ii) OTHER APPORTIONED PROGRAMS.—Noth- nector, or crossing designated by the Secretary
in section 1112(b)(3) of MAP–21 (23 U.S.C. 148
ing in this paragraph prohibits the use of funds under section 55601(c) of title 46 (including an
note; Public Law 112–141).
made available under other provisions of this inland waterway corridor, connector, or cross-
SEC. 11112. FEDERAL LANDS TRANSPORTATION
title for a specified safety project that is a non- PROGRAM. ing), if the Secretary determines that the
infrastructure project.’’; Section 203(a) of title 23, United States Code, project—
(5) in subsection (g), by adding at the end the is amended— ‘‘(I) is functionally connected to the National
following: (1) in paragraph (1)(D), by striking Highway Freight Network; and
‘‘(3) VULNERABLE ROAD USER SAFETY.—If the ‘‘$10,000,000’’ and inserting ‘‘$20,000,000’’; and ‘‘(II) is likely to reduce on-road mobile source
total annual fatalities of vulnerable road users (2) by adding at the end the following: emissions.’’.
in a State represents not less than 15 percent of ‘‘(6) NATIVE PLANT MATERIALS.—In carrying SEC. 11115. CONGESTION MITIGATION AND AIR
the total annual crash fatalities in the State, out an activity described in paragraph (1), the QUALITY IMPROVEMENT PROGRAM.
that State shall be required to obligate not less entity carrying out the activity shall consider, Section 149 of title 23, United States Code, is
than 15 percent of the amounts apportioned to to the maximum extent practicable— amended—
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the State under section 104(b)(3) for the fol- ‘‘(A) the use of locally adapted native plant (1) in subsection (b)—
lowing fiscal year for highway safety improve- materials; and (A) in the matter preceding paragraph (1), by
ment projects to address the safety of vulnerable ‘‘(B) designs that minimize runoff and heat striking ‘‘subsection (d)’’ and inserting ‘‘sub-
road users.’’; and generation.’’. sections (d) and (m)(1)(B)(ii)’’
(6) by adding at the end the following: SEC. 11113. FEDERAL LANDS ACCESS PROGRAM. (B) in paragraph (7), by inserting ‘‘shared
‘‘(l) VULNERABLE ROAD USER SAFETY ASSESS- (a) FEDERAL SHARE.—Section 201 of title 23, micromobility (including bikesharing and shared
MENT.— United States Code, is amended— scooter systems),’’ after ‘‘carsharing,’’;
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September 27, 2021 CONGRESSIONAL RECORD — HOUSE H5197
(C) in paragraph (8)— ‘‘(i) to change the performance measures ‘‘(b) The survey and construction work under-
(i) in subparagraph (A)— under section 150(c)(5) or the performance tar- taken in Canada pursuant to this section shall
(I) in the matter preceding clause (i), by in- gets established under section 134(h)(2) or be under the general supervision of the Sec-
serting ‘‘replacements or’’ before ‘‘retrofits’’; 150(d); or retary.
(II) by striking clause (i) and inserting the fol- ‘‘(ii) to establish any other Federal require- ‘‘(c) For purposes of this section, the term
lowing: ment.’’; and ‘Alaska Marine Highway System’ includes all
‘‘(i) verified technologies (as defined in section (7) by striking subsection (m) and inserting existing or planned transportation facilities and
791 of the Energy Policy Act of 2005 (42 U.S.C. the following: equipment in Alaska, including the lease, pur-
16131)) for motor vehicles (as defined in section ‘‘(m) OPERATING ASSISTANCE.— chase, or construction of vessels, terminals,
216 of the Clean Air Act (42 U.S.C. 7550)); or’’; ‘‘(1) IN GENERAL.—A State may obligate funds
docks, floats, ramps, staging areas, parking lots,
and apportioned under section 104(b)(4) in an area
bridges and approaches thereto, and necessary
(III) in clause (ii)(II), by striking ‘‘or’’ at the of the State that is otherwise eligible for obliga-
roads.
end; and tions of such funds for operating costs—
‘‘(d) Notwithstanding any other provision of
(ii) in subparagraph (B), by inserting ‘‘re- ‘‘(A) under chapter 53 of title 49; or
‘‘(B) on— law, a project assisted under this section in the
placements or’’ before ‘‘retrofits’’; and State of Alaska shall be treated as a project on
(iii) by adding at the end the following: ‘‘(i) a system for which CMAQ funding was
eligible, made available, obligated, or expended a Federal-aid highway under chapter 1.’’.
‘‘(C) the purchase of medium- or heavy-duty
in fiscal year 2012; or SEC. 11117. TOLL ROADS, BRIDGES, TUNNELS,
zero emission vehicles and related charging AND FERRIES.
equipment;’’; ‘‘(ii) a State-supported Amtrak route with a
(D) in paragraph (9), by striking the period at valid cost-sharing agreement under section 209 (a) IN GENERAL.—Section 129(c) of title 23,
the end and inserting a semicolon; and of the Passenger Rail Investment and Improve- United States Code, is amended in the matter
(E) by adding at the end the following: ment Act of 2008 (49 U.S.C. 24101 note; Public preceding paragraph (1) by striking ‘‘the con-
‘‘(10) if the project is for the modernization or Law 110–432) and no current nonattainment struction of ferry boats and ferry terminal facili-
rehabilitation of a lock and dam that— areas under subsection (d). ties, whether toll or free,’’ and inserting ‘‘the
‘‘(A) is functionally connected to the Federal- ‘‘(2) NO TIME LIMITATION.—Operating assist- construction of ferry boats and ferry terminal
aid highway system; and ance provided under paragraph (1) shall have facilities (including ferry maintenance facili-
‘‘(B) the Secretary determines is likely to con- no imposed time limitation if the operating as- ties), whether toll or free, and the procurement
tribute to the attainment or maintenance of a sistance is for— of transit vehicles used exclusively as an inte-
‘‘(A) a route described in subparagraph (B) of gral part of an intermodal ferry trip,’’.
national ambient air quality standard; or
that paragraph; or (b) DIESEL FUEL FERRY VESSELS.—
‘‘(11) if the project is on a marine highway
‘‘(B) a transit system that is located in— (1) IN GENERAL.—Notwithstanding section
corridor, connector, or crossing designated by ‘‘(i) a non-urbanized area; or
the Secretary under section 55601(c) of title 46 147(b), in the case of a project to replace or ret-
‘‘(ii) an urbanized area with a population of
(including an inland waterway corridor, con- rofit a diesel fuel ferry vessel that provides sub-
200,000 or fewer.’’.
nector, or crossing) that— stantial emissions reductions, the Federal share
SEC. 11116. ALASKA HIGHWAY.
‘‘(A) is functionally connected to the Federal- of the cost of the project may be up to 85 per-
Section 218 of title 23, United States Code, is
aid highway system; and cent, as determined by the State.
amended to read as follows:
‘‘(B) the Secretary determines is likely to con- (2) SUNSET.—The authority provided by para-
‘‘§ 218. Alaska Highway graph (1) shall terminate on September 30, 2025.
tribute to the attainment or maintenance of a
national ambient air quality standard.’’; ‘‘(a) Recognizing the benefits that will accrue SEC. 11118. BRIDGE INVESTMENT PROGRAM.
(2) in subsection (c), by adding at the end the to the State of Alaska and to the United States (a) IN GENERAL.—Chapter 1 of title 23, United
following: from the reconstruction of the Alaska Highway States Code, is amended by inserting after sec-
‘‘(4) LOCKS AND DAMS; MARINE HIGHWAYS.— from the Alaskan border at Beaver Creek, tion 123 the following:
For each fiscal year, a State may not obligate Yukon Territory, to Haines Junction in Canada
and the Haines Cutoff Highway from Haines ‘‘§ 124. Bridge investment program
more than 10 percent of the funds apportioned
to the State under section 104(b)(4) for projects Junction in Canada to Haines, Alaska, the Sec- ‘‘(a) DEFINITIONS.—In this section:
described in paragraphs (10) and (11) of sub- retary may provide for the necessary reconstruc- ‘‘(1) ELIGIBLE PROJECT.—
tion of the highway using funds awarded ‘‘(A) IN GENERAL.—The term ‘eligible project’
section (b).’’;
(3) in subsection (f)(4)(A), by inserting ‘‘and through an applicable competitive grant pro- means a project to replace, rehabilitate, pre-
nonroad vehicles and nonroad engines used in gram, if the highway meets all applicable eligi- serve, or protect 1 or more bridges on the Na-
construction projects or port-related freight op- bility requirements for the program, except for tional Bridge Inventory under section 144(b).
erations’’ after ‘‘motor vehicles’’; the specific requirements established by the ‘‘(B) INCLUSIONS.—The term ‘eligible project’
(4) in subsection (g)— agreement for the Alaska Highway Project be- includes—
(A) in paragraph (1)(B)— tween the Government of the United States and ‘‘(i) a bundle of projects described in subpara-
(i) in the subparagraph heading, by inserting the Government of Canada. In addition to the graph (A), regardless of whether the bundle of
‘‘REPLACEMENT OR’’ before ‘‘RETROFIT’’; funds described in the previous sentence, not- projects meets the requirements of section
(ii) by striking ‘‘The term ‘diesel retrofit’ ’’ withstanding any other provision of law and on 144(j)(5); and
and inserting ‘‘The term ‘diesel replacement or agreement with the State of Alaska, the Sec- ‘‘(ii) a project to replace or rehabilitate cul-
retrofit’ ’’; and retary is authorized to expend on such highway verts for the purpose of improving flood control
(iii) by inserting ‘‘or retrofit’’ after ‘‘replace- or the Alaska Marine Highway System any Fed- and improved habitat connectivity for aquatic
ment’’; eral-aid highway funds apportioned to the State species.
(B) in paragraph (2), in the matter preceding of Alaska under this title at a Federal share of ‘‘(2) LARGE PROJECT.—The term ‘large project’
subparagraph (A), by inserting ‘‘replacement 100 per centum. No expenditures shall be made means an eligible project with total eligible
or’’ before ‘‘retrofit’’; and for the construction of the portion of such high- project costs of greater than $100,000,000.
(C) in paragraph (3), by inserting ‘‘replace- ways that are in Canada unless an agreement is ‘‘(3) PROGRAM.—The term ‘program’ means
ments or’’ before ‘‘retrofits’’; in place between the Government of Canada the bridge investment program established by
(5) in subsection (k)(1), by striking ‘‘that re- and the Government of the United States (in- subsection (b)(1).
duce such fine particulate matter emissions in cluding an agreement in existence on the date of ‘‘(b) ESTABLISHMENT OF BRIDGE INVESTMENT
such area, including diesel retrofits.’’ and in- enactment of the Surface Transportation Reau- PROGRAM.—
serting ‘‘that— thorization Act of 2021) that provides, in part, ‘‘(1) IN GENERAL.—There is established a
‘‘(A) reduce such fine particulate matter emis- that the Canadian Government— bridge investment program to provide financial
sions in such area, including diesel replacements ‘‘(1) will provide, without participation of assistance for eligible projects under this sec-
or retrofits; and funds authorized under this title, all necessary tion.
‘‘(B) to the extent practicable, prioritize bene- right-of-way for the reconstruction of such ‘‘(2) GOALS.—The goals of the program shall
fits to disadvantaged communities or low-income highways; be—
populations living in, or immediately adjacent ‘‘(2) will not impose any highway toll, or per- ‘‘(A) to improve the safety, efficiency, and re-
to, such area.’’; mit any such toll to be charged for the use of liability of the movement of people and freight
(6) in subsection (l), by adding at the fol- such highways by vehicles or persons; over bridges;
lowing: ‘‘(3) will not levy or assess, directly or indi- ‘‘(B) to improve the condition of bridges in the
‘‘(3) ASSISTANCE TO METROPOLITAN PLANNING rectly, any fee, tax, or other charge for the use United States by reducing—
ORGANIZATIONS.— of such highways by vehicles or persons from ‘‘(i) the number of bridges—
‘‘(A) IN GENERAL.—On the request of a metro- the United States that does not apply equally to ‘‘(I) in poor condition; or
politan planning organization, the Secretary vehicles or persons of Canada; ‘‘(II) in fair condition and at risk of falling
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may assist the metropolitan planning organiza- ‘‘(4) will continue to grant reciprocal recogni- into poor condition within the next 3 years;
tion tracking progress made in minority or low- tion of vehicle registration and driver’s licenses ‘‘(ii) the total person miles traveled over
income populations as part of a performance in accordance with agreements between the bridges—
plan under this subsection. United States and Canada; and ‘‘(I) in poor condition; or
‘‘(B) SAVINGS PROVISION.—Nothing in this ‘‘(5) will maintain such highways after their ‘‘(II) in fair condition and at risk of falling
paragraph provides the Secretary the author- completion in proper condition adequately to into poor condition within the next 3 years;
ity— serve the needs of present and future traffic. ‘‘(iii) the number of bridges that—
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H5198 CONGRESSIONAL RECORD — HOUSE September 27, 2021
‘‘(I) do not meet current geometric design ‘‘(vi) in the case of an eligible project of a ‘‘(f) COMPETITIVE PROCESS AND EVALUATION
standards; or Federal land management agency, the extent to OF ELIGIBLE PROJECTS OTHER THAN LARGE
‘‘(II) cannot meet the load and traffic require- which the grant would reduce a Federal liability PROJECTS.—
ments typical of the regional transportation net- or Federal infrastructure maintenance backlog; ‘‘(1) COMPETITIVE PROCESS.—
work; and ‘‘(vii) geographic diversity among grant recipi- ‘‘(A) IN GENERAL.—The Secretary shall—
‘‘(iv) the total person miles traveled over ents, including the need for a balance between ‘‘(i) for the first fiscal year for which funds
bridges that— the needs of rural and urban communities; and are made available for obligation under the pro-
‘‘(I) do not meet current geometric design ‘‘(viii) the extent to which a bridge that would gram, not later than 60 days after the date on
standards; or be assisted with a grant— which the template under subparagraph (B)(i) is
‘‘(II) cannot meet the load and traffic require- ‘‘(I) is, without that assistance— developed, and in subsequent fiscal years, not
ments typical of the regional transportation net- ‘‘(aa) at risk of falling into or remaining in later than 60 days after the date on which
work; and poor condition; or amounts are made available for obligation under
‘‘(C) to provide financial assistance that ‘‘(bb) in fair condition and at risk of falling the program, solicit grant applications for eligi-
leverages and encourages non-Federal contribu- into poor condition within the next 3 years; ble projects other than large projects; and
tions from sponsors and stakeholders involved in ‘‘(II) does not meet current geometric design ‘‘(ii) not later than 120 days after the date on
the planning, design, and construction of eligi- standards based on— which the solicitation under clause (i) expires,
ble projects. ‘‘(aa) the current use of the bridge; or conduct evaluations under paragraph (3).
‘‘(c) GRANT AUTHORITY.— ‘‘(bb) load and traffic requirements typical of ‘‘(B) REQUIREMENTS.—In carrying out sub-
‘‘(1) IN GENERAL.—In carrying out the pro- paragraph (A), the Secretary shall—
the regional corridor or local network in which
gram, the Secretary may award grants, on a ‘‘(i) develop a template for applicants to use to
the bridge is located; or
competitive basis, in accordance with this sec- summarize project needs and benefits, including
‘‘(III) does not meet current seismic design
tion. benefits described in paragraph (3)(B)(i); and
‘‘(2) GRANT AMOUNTS.—Except as otherwise standards.
‘‘(B) REQUIREMENT.—The Secretary shall— ‘‘(ii) enable applicants to use data from the
provided, a grant under the program shall be— National Bridge Inventory under section 144(b)
‘‘(A) in the case of a large project, in an ‘‘(i) give priority to an application for an eli-
gible project that is located within a State for to populate templates described in clause (i), as
amount that is—
which— applicable.
‘‘(i) adequate to fully fund the project (in
‘‘(I) 2 or more applications for eligible projects ‘‘(2) APPLICATIONS.—An eligible entity shall
combination with other financial resources iden-
within the State were submitted for the current submit to the Secretary an application at such
tified in the application); and
‘‘(ii) not less than $50,000,000; and fiscal year and an average of 2 or more applica- time, in such manner, and containing such in-
‘‘(B) in the case of any other eligible project, tions for eligible projects within the State were formation as the Secretary may require.
in an amount that is— submitted in prior fiscal years of the program; ‘‘(3) EVALUATION.—
‘‘(i) adequate to fully fund the project (in and ‘‘(A) IN GENERAL.—Prior to providing a grant
combination with other financial resources iden- ‘‘(II) fewer than 2 grants have been awarded under this subsection, the Secretary shall—
tified in the application); and for eligible projects within the State under the ‘‘(i) conduct an evaluation of each eligible
‘‘(ii) not less than $2,500,000. program; project for which an application is received
‘‘(3) MAXIMUM AMOUNT.—Except as otherwise ‘‘(ii) during the period of fiscal years 2022 under this subsection; and
provided, for an eligible project receiving assist- through 2026, for each State described in clause ‘‘(ii) assign a quality rating to the eligible
ance under the program, the amount of assist- (i), select— project on the basis of the evaluation under
ance provided by the Secretary under this sec- ‘‘(I) not fewer than 1 large project that the clause (i).
tion, as a share of eligible project costs, shall ‘‘(B) REQUIREMENTS.—In carrying out an
Secretary determines is justified under the eval-
be— evaluation under subparagraph (A), the Sec-
uation under subsection (g)(4); or
‘‘(A) in the case of a large project, not more ‘‘(II) 2 eligible projects that are not large retary shall—
than 50 percent; and ‘‘(i) consider information on project benefits
projects that the Secretary determines are justi-
‘‘(B) in the case of any other eligible project, submitted by the applicant using the template
fied under the evaluation under subsection
not more than 80 percent. developed under paragraph (1)(B)(i), including
(f)(3); and
‘‘(4) FEDERAL SHARE.— whether the project will generate, as determined
‘‘(iii) not be required to award a grant for an
‘‘(A) MAXIMUM FEDERAL INVOLVEMENT.—Fed- by the Secretary—
eligible project that the Secretary does not deter-
eral assistance other than a grant under the ‘‘(I) costs avoided by the prevention of closure
mine is justified under an evaluation under sub-
program may be used to satisfy the non-Federal or reduced use of the bridge to be improved by
section (f)(3) or (g)(4).
share of the cost of a project for which a grant the project;
‘‘(6) CULVERT LIMITATION.—Not more than 5
is made, except that the total Federal assistance ‘‘(II) in the case of a bundle of projects, bene-
percent of the amounts made available for each
provided for a project receiving a grant under fits from executing the projects as a bundle com-
fiscal year for grants under the program may be
the program may not exceed the Federal share pared to as individual projects;
used for eligible projects that consist solely of ‘‘(III) safety benefits, including the reduction
for the project under section 120. culvert replacement or rehabilitation.
‘‘(B) OFF-SYSTEM BRIDGES.—In the case of an of accidents and related costs;
‘‘(d) ELIGIBLE ENTITY.—The Secretary may ‘‘(IV) person and freight mobility benefits, in-
eligible project for an off-system bridge (as de- make a grant under the program to any of the
fined in section 133(f)(1))— cluding congestion reduction and reliability im-
following: provements;
‘‘(i) Federal assistance other than a grant
‘‘(1) A State or a group of States. ‘‘(V) national or regional economic benefits;
under the program may be used to satisfy the ‘‘(2) A metropolitan planning organization
non-Federal share of the cost of a project; and ‘‘(VI) benefits from long-term resiliency to ex-
that serves an urbanized area (as designated by treme weather events, flooding, or other natural
‘‘(ii) notwithstanding subparagraph (A), the
the Bureau of the Census) with a population of disasters;
total Federal assistance provided for the project
over 200,000. ‘‘(VII) benefits from protection (as described
shall not exceed 90 percent of the total eligible
‘‘(3) A unit of local government or a group of in section 133(b)(10)), including improving seis-
project costs.
‘‘(C) FEDERAL LAND MANAGEMENT AGENCIES local governments. mic or scour protection;
AND TRIBAL GOVERNMENTS.—Notwithstanding
‘‘(4) A political subdivision of a State or local ‘‘(VIII) environmental benefits, including
any other provision of law, Federal funds other government. wildlife connectivity;
‘‘(5) A special purpose district or public au- ‘‘(IX) benefits to nonvehicular and public
than Federal funds made available under this
thority with a transportation function. transportation users;
section may be used to pay the remaining share
‘‘(6) A Federal land management agency. ‘‘(X) benefits of using—
of the cost of a project under the program by a
‘‘(7) A Tribal government or a consortium of ‘‘(aa) innovative design and construction
Federal land management agency or a Tribal
Tribal governments. techniques; or
government or consortium of Tribal govern-
‘‘(8) A multistate or multijurisdictional group ‘‘(bb) innovative technologies; or
ments.
of entities described in paragraphs (1) through ‘‘(XI) reductions in maintenance costs, includ-
‘‘(5) CONSIDERATIONS.—
‘‘(A) IN GENERAL.—In awarding grants under (7). ing, in the case of a federally-owned bridge, cost
the program, the Secretary shall consider— ‘‘(e) ELIGIBLE PROJECT REQUIREMENTS.—The savings to the Federal budget; and
‘‘(i) in the case of a large project, the ratings Secretary may make a grant under the program ‘‘(ii) consider whether and the extent to which
assigned under subsection (g)(5)(A); only to an eligible entity for an eligible project the benefits, including the benefits described in
‘‘(ii) in the case of an eligible project other that— clause (i), are more likely than not to outweigh
than a large project, the quality rating assigned ‘‘(1) in the case of a large project, the Sec- the total project costs.
under subsection (f)(3)(A)(ii); retary recommends for funding in the annual ‘‘(g) COMPETITIVE PROCESS, EVALUATION, AND
‘‘(iii) the average daily person and freight report on funding recommendations under sub- ANNUAL REPORT FOR LARGE PROJECTS.—
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throughput supported by the eligible project; section (g)(6), except as provided in subsection ‘‘(1) IN GENERAL.—
‘‘(iv) the number and percentage of bridges (g)(1)(B); ‘‘(A) APPLICATIONS.—The Secretary shall es-
within the same State as the eligible project that ‘‘(2) is reasonably expected to begin construc- tablish an annual date by which an eligible en-
are in poor condition; tion not later than 18 months after the date on tity submitting an application for a large project
‘‘(v) the extent to which the eligible project which funds are obligated for the project; and shall submit to the Secretary such information
demonstrates cost savings by bundling multiple ‘‘(3) is based on the results of preliminary en- as the Secretary may require, including infor-
bridge projects; gineering. mation described in paragraph (2), in order for
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September 27, 2021 CONGRESSIONAL RECORD — HOUSE H5199
a large project to be considered for a rec- ‘‘(E) is consistent with the objectives of an ap- ‘‘(C) CONSIDERATIONS.—In selecting projects
ommendation by the Secretary for funding in plicable asset management plan of the project to recommend for funding in the annual report
the next annual report under paragraph (6). sponsor, including a State asset management under this paragraph, or, in the case of the first
‘‘(B) FIRST FISCAL YEAR.—Notwithstanding plan under section 119(e) in the case of a project fiscal year for which funds are made available
subparagraph (A), for the first fiscal year for on the National Highway System that is spon- for obligation for grants under the program,
which funds are made available for obligation sored by a State. projects for immediate execution of a grant
for grants under the program, the Secretary may ‘‘(5) RATINGS.— agreement, the Secretary shall—
establish a date by which an eligible entity sub- ‘‘(A) IN GENERAL.—The Secretary shall de- ‘‘(i) consider the amount of funds available in
mitting an application for a large project shall velop a methodology to evaluate and rate a future fiscal years for multiyear grant agree-
submit to the Secretary such information as the large project on a 5-point scale (the points of ments as described in subparagraph (B); and
Secretary may require, including information which include ‘high’, ‘medium-high’, ‘medium’, ‘‘(ii) assume the availability of funds in future
described in paragraph (2), in order for a large ‘medium-low’, and ‘low’) for each of— fiscal years for multiyear grant agreements that
project to be considered for immediate execution ‘‘(i) paragraph (4)(B); extend beyond the period of authorization based
of a grant agreement. ‘‘(ii) paragraph (4)(C); and on the amount made available for large projects
‘‘(2) INFORMATION REQUIRED.—The informa- ‘‘(iii) paragraph (4)(D). under the program in the last fiscal year of the
tion referred to in paragraph (1) includes— ‘‘(B) REQUIREMENT.—To be considered justi- period of authorization.
‘‘(A) all necessary information required for fied and receive a recommendation for funding ‘‘(D) PROJECT DIVERSITY.—In selecting
the Secretary to evaluate the large project; and in the annual report under paragraph (6), a projects to recommend for funding in the annual
‘‘(B) information sufficient for the Secretary project shall receive a rating of not less than report under this paragraph, the Secretary shall
to determine that— ‘medium’ for each rating required under sub- ensure diversity among projects recommended
‘‘(i) the large project meets the applicable re- paragraph (A). based on—
quirements under this section; and ‘‘(C) INTERIM METHODOLOGY.—In the first fis- ‘‘(i) the amount of the grant requested; and
‘‘(ii) there is a reasonable likelihood that the cal year for which funds are made available for ‘‘(ii) grants for an eligible project for 1 bridge
large project will continue to meet the require- obligation for grants under the program, the compared to an eligible project that is a bundle
ments under this section. Secretary may establish an interim methodology of projects.
‘‘(3) DETERMINATION; NOTICE.—On making a to evaluate and rate a large project for each ‘‘(h) ELIGIBLE PROJECT COSTS.—A grant re-
determination that information submitted to the of— ceived for an eligible project under the program
Secretary under paragraph (1) is sufficient, the ‘‘(i) paragraph (4)(B); may be used for—
‘‘(ii) paragraph (4)(C); and ‘‘(1) development phase activities, including
Secretary shall provide a written notice of that
‘‘(iii) paragraph (4)(D).
determination to— planning, feasibility analysis, revenue fore-
‘‘(6) ANNUAL REPORT ON FUNDING REC-
‘‘(A) the eligible entity that submitted the ap- casting, environmental review, preliminary engi-
OMMENDATIONS FOR LARGE PROJECTS.—
plication; ‘‘(A) IN GENERAL.—Not later than the first neering and design work, and other
‘‘(B) the Committee on Environment and Pub- Monday in February of each year, the Secretary preconstruction activities;
lic Works of the Senate; and shall submit to the Committees on Transpor- ‘‘(2) construction, reconstruction, rehabilita-
‘‘(C) the Committee on Transportation and In- tation and Infrastructure and Appropriations of tion, acquisition of real property (including
frastructure of the House of Representatives. the House of Representatives and the Commit- land related to the project and improvements to
‘‘(4) EVALUATION.—The Secretary may rec- the land), environmental mitigation, construc-
tees on Environment and Public Works and Ap-
ommend a large project for funding in the an- tion contingencies, acquisition of equipment,
propriations of the Senate a report that in-
nual report under paragraph (6), or, in the case and operational improvements directly related to
cludes—
of the first fiscal year for which funds are made ‘‘(i) a list of large projects that have requested improving system performance; and
available for obligation for grants under the a recommendation for funding under a new ‘‘(3) expenses related to the protection (as de-
program, immediately execute a grant agreement grant agreement from funds anticipated to be scribed in section 133(b)(10)) of a bridge, includ-
for a large project, only if the Secretary evalu- available to carry out this subsection in the next ing seismic or scour protection.
ates the proposed project and determines that fiscal year; ‘‘(i) TIFIA PROGRAM.—On the request of an
the project is justified because the project— ‘‘(ii) the evaluation under paragraph (4) and eligible entity carrying out an eligible project,
‘‘(A) addresses a need to improve the condi- ratings under paragraph (5) for each project re- the Secretary may use amounts awarded to the
tion of the bridge, as determined by the Sec- ferred to in clause (i); entity to pay subsidy and administrative costs
retary, consistent with the goals of the program ‘‘(iii) the grant amounts that the Secretary necessary to provide to the entity Federal credit
under subsection (b)(2); recommends providing to large projects in the assistance under chapter 6 with respect to the
‘‘(B) will generate, as determined by the Sec- next fiscal year, including— eligible project for which the grant was award-
retary— ‘‘(I) scheduled payments under previously ed.
‘‘(i) costs avoided by the prevention of closure signed multiyear grant agreements under sub- ‘‘(j) MULTIYEAR GRANT AGREEMENTS FOR
or reduced use of the bridge to be improved by section (j); LARGE PROJECTS.—
the project; ‘‘(II) payments for new grant agreements, in- ‘‘(1) IN GENERAL.—A large project that re-
‘‘(ii) in the case of a bundle of projects, bene- cluding single-year grant agreements and ceives a grant under the program in an amount
fits from executing the projects as a bundle com- multiyear grant agreements; and of not less than $100,000,000 may be carried out
pared to as individual projects; ‘‘(III) a description of how amounts antici- through a multiyear grant agreement in accord-
‘‘(iii) safety benefits, including the reduction pated to be available for the program from the ance with this subsection.
of accidents and related costs; Highway Trust Fund for that fiscal year will be ‘‘(2) REQUIREMENTS.—A multiyear grant
‘‘(iv) person and freight mobility benefits, in- distributed; and agreement for a large project described in para-
cluding congestion reduction and reliability im- ‘‘(iv) for each project for which the Secretary graph (1) shall—
provements; recommends a new multiyear grant agreement ‘‘(A) establish the terms of participation by
‘‘(v) national or regional economic benefits; under subsection (j), the proposed payout sched- the Federal Government in the project;
‘‘(vi) benefits from long-term resiliency to ex- ule for the project. ‘‘(B) establish the maximum amount of Fed-
treme weather events, flooding, or other natural ‘‘(B) LIMITATIONS.— eral financial assistance for the project in ac-
disasters; ‘‘(i) IN GENERAL.—The Secretary shall not rec- cordance with paragraphs (3) and (4) of sub-
‘‘(vii) benefits from protection (as described in ommend in an annual report under this para- section (c);
section 133(b)(10)), including improving seismic graph a new multiyear grant agreement pro- ‘‘(C) establish a payout schedule for the
or scour protection; vided from funds from the Highway Trust Fund project that provides for disbursement of the full
‘‘(viii) environmental benefits, including wild- unless the Secretary determines that the project grant amount by not later than 4 fiscal years
life connectivity; can be completed using funds that are antici- after the fiscal year in which the initial amount
‘‘(ix) benefits to nonvehicular and public pated to be available from the Highway Trust is provided;
transportation users; Fund in future fiscal years. ‘‘(D) determine the period of time for com-
‘‘(x) benefits of using— ‘‘(ii) GENERAL FUND PROJECTS.—The Sec- pleting the project, even if that period extends
‘‘(I) innovative design and construction tech- retary— beyond the period of an authorization; and
niques; or ‘‘(I) may recommend for funding in an annual ‘‘(E) attempt to improve timely and efficient
‘‘(II) innovative technologies; or report under this paragraph a large project management of the project, consistent with all
‘‘(xi) reductions in maintenance costs, includ- using funds from the general fund of the Treas- applicable Federal laws (including regulations).
ing, in the case of a federally-owned bridge, cost ury; but ‘‘(3) SPECIAL FINANCIAL RULES.—
savings to the Federal budget; ‘‘(II) shall not execute a grant agreement for ‘‘(A) IN GENERAL.—A multiyear grant agree-
‘‘(C) is cost effective based on an analysis of that project unless— ment under this subsection—
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whether the benefits and avoided costs described ‘‘(aa) funds other than from the Highway ‘‘(i) shall obligate an amount of available
in subparagraph (B) are expected to outweigh Trust Fund have been made available for the budget authority specified in law; and
the project costs; project; and ‘‘(ii) may include a commitment, contingent
‘‘(D) is supported by other Federal or non- ‘‘(bb) the Secretary determines that the project on amounts to be specified in law in advance for
Federal financial commitments or revenues ade- can be completed using funds other than from commitments under this paragraph, to obligate
quate to fund ongoing maintenance and preser- the Highway Trust Fund that are anticipated to an additional amount from future available
vation; and be available in future fiscal years. budget authority specified in law.
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H5200 CONGRESSIONAL RECORD — HOUSE September 27, 2021
‘‘(B) STATEMENT OF CONTINGENT COMMIT- ‘‘(2) TREATMENT.—Notwithstanding any other ‘‘§ 208. Safe routes to school
MENT.—The agreement shall state that the con- provision of law, section 129 shall apply to a ‘‘(a) DEFINITIONS.—In this section:
tingent commitment is not an obligation of the bridge that was previously owned by a Federal ‘‘(1) IN THE VICINITY OF SCHOOLS.—The term
Federal Government. land management agency and has been trans- ‘in the vicinity of schools’, with respect to a
‘‘(C) INTEREST AND OTHER FINANCING COSTS.— ferred to a non-Federal entity under paragraph school, means the approximately 2-mile area
‘‘(i) IN GENERAL.—Interest and other financ- (1) in the same manner as if the bridge was within bicycling and walking distance of the
ing costs of carrying out a part of the project never federally owned. school.
within a reasonable time shall be considered a ‘‘(m) TREATMENT OF PROJECTS.—Notwith- ‘‘(2) PRIMARY, MIDDLE, AND HIGH SCHOOLS.—
cost of carrying out the project under a standing any other provision of law, a project The term ‘primary, middle, and high schools’
multiyear grant agreement, except that eligible assisted under this section shall be treated as a means schools providing education from kinder-
costs may not be more than the cost of the most project on a Federal-aid highway under this garten through 12th grade.
favorable financing terms reasonably available chapter. ‘‘(b) ESTABLISHMENT.—Subject to the require-
for the project at the time of borrowing. ‘‘(n) CONGRESSIONAL NOTIFICATION.—Not later ments of this section, the Secretary shall estab-
‘‘(ii) CERTIFICATION.—The applicant shall cer- than 30 days before making a grant for an eligi- lish and carry out a safe routes to school pro-
tify to the Secretary that the applicant has ble project under the program, the Secretary gram for the benefit of children in primary, mid-
shown reasonable diligence in seeking the most shall submit to the Committee on Transportation dle, and high schools.
favorable financing terms. and Infrastructure of the House of Representa- ‘‘(c) PURPOSES.—The purposes of the program
‘‘(4) ADVANCE PAYMENT.—Notwithstanding tives and the Committee on Environment and established under subsection (b) shall be—
any other provision of law, an eligible entity Public Works of the Senate a written notifica- ‘‘(1) to enable and encourage children, includ-
carrying out a large project under a multiyear tion of the proposed grant that includes— ing those with disabilities, to walk and bicycle
grant agreement— ‘‘(1) an evaluation and justification for the el- to school;
‘‘(A) may use funds made available to the eli- igible project; and ‘‘(2) to make bicycling and walking to school
gible entity under this title for eligible project ‘‘(2) the amount of the proposed grant. a safer and more appealing transportation alter-
costs of the large project until the amount speci- ‘‘(o) REPORTS.— native, thereby encouraging a healthy and ac-
fied in the multiyear grant agreement for the ‘‘(1) ANNUAL REPORT.—Not later than August tive lifestyle from an early age; and
project for that fiscal year becomes available for 1 of each fiscal year, the Secretary shall make ‘‘(3) to facilitate the planning, development,
obligation; and available on the website of the Department of and implementation of projects and activities
‘‘(B) if the eligible entity uses funds as de- Transportation an annual report that lists each that will improve safety and reduce traffic, fuel
scribed in subparagraph (A), the funds used eligible project for which a grant has been pro- consumption, and air pollution in the vicinity of
shall be reimbursed from the amount made vided under the program during the fiscal year. schools.
available under the multiyear grant agreement ‘‘(2) GAO ASSESSMENT AND REPORT.—Not later ‘‘(d) APPORTIONMENT OF FUNDS.—
for the project. than 3 years after the date of enactment of the ‘‘(1) IN GENERAL.—Subject to paragraphs (2),
‘‘(k) UNDERTAKING PARTS OF PROJECTS IN AD- Surface Transportation Reauthorization Act of (3), and (4), amounts made available to carry
VANCE UNDER LETTERS OF NO PREJUDICE.— 2021, the Comptroller General of the United out this section for a fiscal year shall be appor-
‘‘(1) IN GENERAL.—The Secretary may pay to States shall— tioned among the States so that each State re-
an applicant all eligible project costs under the ‘‘(A) conduct an assessment of the administra- ceives the amount equal to the proportion that—
program, including costs for an activity for an tive establishment, solicitation, selection, and ‘‘(A) the total student enrollment in primary,
eligible project incurred prior to the date on justification process with respect to the funding middle, and high schools in each State; bears to
which the project receives funding under the of grants under the program; and ‘‘(B) the total student enrollment in primary,
program if— ‘‘(B) submit to the Committee on Transpor- middle, and high schools in all States.
‘‘(A) before the applicant carries out the ac- tation and Infrastructure of the House of Rep- ‘‘(2) MINIMUM APPORTIONMENT.—No State
tivity, the Secretary approves through a letter to resentatives and the Committee on Environment shall receive an apportionment under this sec-
the applicant the activity in the same manner as and Public Works of the Senate a report that tion for a fiscal year of less than $1,000,000.
the Secretary approves other activities as eligi- describes— ‘‘(3) SET-ASIDE FOR ADMINISTRATIVE EX-
ble under the program; ‘‘(i) the adequacy and fairness of the process PENSES.—Before apportioning under this sub-
‘‘(B) a record of decision, a finding of no sig- under which each eligible project that received a section amounts made available to carry out this
nificant impact, or a categorical exclusion under grant under the program was selected; and section for a fiscal year, the Secretary shall set
the National Environmental Policy Act of 1969 ‘‘(ii) the justification and criteria used for the aside not more than $3,000,000 of those amounts
(42 U.S.C. 4321 et seq.) has been issued for the selection of each eligible project. for the administrative expenses of the Secretary
eligible project; and ‘‘(p) LIMITATION.— in carrying out this section.
‘‘(C) the activity is carried out without Fed- ‘‘(1) LARGE PROJECTS.—Of the amounts made ‘‘(4) DETERMINATION OF STUDENT ENROLL-
eral assistance and in accordance with all appli- available out of the Highway Trust Fund (other MENTS.—Determinations under this subsection
cable procedures and requirements. than the Mass Transit Account) to carry out
‘‘(2) INTEREST AND OTHER FINANCING COSTS.— relating to student enrollments shall be made by
this section for each of fiscal years 2022 through the Secretary.
‘‘(A) IN GENERAL.—For purposes of paragraph
2026, not less than 50 percent, in aggregate, ‘‘(e) ADMINISTRATION OF AMOUNTS.—Amounts
(1), the cost of carrying out an activity for an
shall be used for large projects. apportioned to a State under this section shall
eligible project includes the amount of interest
‘‘(2) UNUTILIZED AMOUNTS.—If, in fiscal year be administered by the State department of
and other financing costs, including any inter- 2026, the Secretary determines that grants under
est earned and payable on bonds, to the extent transportation.
the program will not allow for the requirement ‘‘(f) ELIGIBLE RECIPIENTS.—Amounts appor-
interest and other financing costs are expended under paragraph (1) to be met, the Secretary
in carrying out the activity for the eligible tioned to a State under this section shall be used
shall use the unutilized amounts to make other by the State to provide financial assistance to
project, except that interest and other financing grants under the program during that fiscal
costs may not be more than the cost of the most State, local, Tribal, and regional agencies, in-
year. cluding nonprofit organizations, that dem-
favorable financing terms reasonably available ‘‘(q) TRIBAL TRANSPORTATION FACILITY
for the eligible project at the time of borrowing. onstrate an ability to meet the requirements of
BRIDGE SET ASIDE.— this section.
‘‘(B) CERTIFICATION.—The applicant shall cer- ‘‘(1) IN GENERAL.—Of the amounts made avail-
tify to the Secretary that the applicant has ‘‘(g) ELIGIBLE PROJECTS AND ACTIVITIES.—
able from the Highway Trust Fund (other than ‘‘(1) INFRASTRUCTURE-RELATED PROJECTS.—
shown reasonable diligence in seeking the most the Mass Transit Account) for a fiscal year to
favorable financing terms under subparagraph ‘‘(A) IN GENERAL.—Amounts apportioned to a
carry out this section, the Secretary shall use, to State under this section may be used for the
(A). carry out section 202(d)—
‘‘(3) NO OBLIGATION OR INFLUENCE ON REC- planning, design, and construction of infra-
‘‘(A) $16,000,000 for fiscal year 2022; structure-related projects that will substantially
OMMENDATIONS.—An approval by the Secretary
‘‘(B) $18,000,000 for fiscal year 2023; improve the ability of students to walk and bicy-
under paragraph (1)(A) shall not— ‘‘(C) $20,000,000 for fiscal year 2024;
‘‘(A) constitute an obligation of the Federal cle to school, including sidewalk improvements,
‘‘(D) $22,000,000 for fiscal year 2025; and traffic calming and speed reduction improve-
Government; or ‘‘(E) $24,000,000 for fiscal year 2026.
‘‘(B) alter or influence any evaluation under ments, pedestrian and bicycle crossing improve-
‘‘(2) TREATMENT.—For purposes of section 201,
subsection (f)(3)(A)(i) or (g)(4) or any rec- ments, on-street bicycle facilities, off-street bicy-
funds made available for section 202(d) under
ommendation by the Secretary for funding cle and pedestrian facilities, secure bicycle park-
paragraph (1) shall be considered to be part of
under the program. ing facilities, and traffic diversion improvements
the tribal transportation program.’’.
‘‘(l) FEDERALLY-OWNED BRIDGES.— in the vicinity of schools.
(b) CLERICAL AMENDMENT.—The analysis for
‘‘(1) DIVESTITURE CONSIDERATION.—In the ‘‘(B) LOCATION OF PROJECTS.—Infrastructure-
chapter 1 of title 23, United States Code, is
case of a bridge owned by a Federal land man- related projects under subparagraph (A) may be
amended by inserting after the item relating to
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agement agency for which that agency applies carried out on any public road or any bicycle or
section 123 the following:
for a grant under the program, the agency— pedestrian pathway or trail in the vicinity of
‘‘(A) shall consider options to divest the bridge ‘‘124. Bridge investment program.’’. schools.
to a State or local entity after completion of the SEC. 11119. SAFE ROUTES TO SCHOOL. ‘‘(2) NONINFRASTRUCTURE-RELATED ACTIVI-
project; and (a) IN GENERAL.—Chapter 2 of title 23, United TIES.—
‘‘(B) may apply jointly with the State or local States Code, is amended by inserting after sec- ‘‘(A) IN GENERAL.—In addition to projects de-
entity to which the bridge may be divested. tion 207 the following: scribed in paragraph (1), amounts apportioned
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September 27, 2021 CONGRESSIONAL RECORD — HOUSE H5201
to a State under this section may be used for (1) roadway safety improvements, including ‘‘(2) in carrying out the purpose described in
noninfrastructure-related activities to encour- traffic calming techniques and vulnerable road paragraph (1), improved habitat connectivity for
age walking and bicycling to school, including user accommodations appropriate in a suburban terrestrial and aquatic species.
public awareness campaigns and outreach to arterial context; ‘‘(c) ELIGIBLE ENTITIES.—An entity eligible to
press and community leaders, traffic education (2) the impacts of traffic speeds, and access to apply for a grant under the pilot program is—
and enforcement in the vicinity of schools, stu- low-traffic stress corridors, on safety and rates ‘‘(1) a State highway agency, or an equivalent
dent sessions on bicycle and pedestrian safety, of bicycling and walking; of that agency;
health, and environment, and funding for train- (3) tools to evaluate the impact of transpor- ‘‘(2) a metropolitan planning organization (as
ing, volunteers, and managers of safe routes to tation improvements on projected rates and safe- defined in section 134(b));
ty of bicycling and walking; and ‘‘(3) a unit of local government;
school programs.
(4) other research areas to be determined by ‘‘(4) a regional transportation authority;
‘‘(B) ALLOCATION.—Not less than 10 percent ‘‘(5) a special purpose district or public au-
and not more than 30 percent of the amount ap- the Administrator.
(c) VULNERABLE ROAD USER ASSESSMENTS.— thority with a transportation function, includ-
portioned to a State under this section for a fis- ing a port authority;
cal year shall be used for noninfrastructure-re- The Administrator shall—
‘‘(6) an Indian tribe (as defined in section
lated activities under this paragraph. (1) review each vulnerable road user safety as-
207(m)(1)), including a Native village and a Na-
‘‘(3) SAFE ROUTES TO SCHOOL COORDINATOR.— sessment submitted by a State under section
tive Corporation (as those terms are defined in
Each State shall use a sufficient amount of the 148(l) of title 23, United States Code, and other
section 3 of the Alaska Native Claims Settlement
apportionment of the State for each fiscal year relevant sources of data to determine what, if
Act (43 U.S.C. 1602));
to fund a full-time position of coordinator of the any, standard definitions and methods should
‘‘(7) a Federal land management agency; or
safe routes to school program of the State. be developed through guidance to enable a State ‘‘(8) a group of any of the entities described in
‘‘(h) CLEARINGHOUSE.— to collect pedestrian injury and fatality data; paragraphs (1) through (7).
‘‘(1) IN GENERAL.—The Secretary shall make and ‘‘(d) APPLICATIONS.—
grants to a national nonprofit organization en- (2) in the first progress update under sub- ‘‘(1) IN GENERAL.—To be eligible to receive a
gaged in promoting safe routes to schools— section (d)(2), provide— grant under the pilot program, an eligible entity
‘‘(A) to operate a national safe routes to (A) the results of the determination described shall submit to the Secretary an application at
school clearinghouse; in paragraph (1); and such time, in such manner, and containing such
‘‘(B) to develop information and educational (B) the recommendations of the Secretary with information as the Secretary may require.
programs on safe routes to school; and respect to the collection and reporting of data ‘‘(2) REQUIREMENT.—If an application under
‘‘(C) to provide technical assistance and dis- on the safety of vulnerable road users. paragraph (1) is submitted by an eligible entity
seminate techniques and strategies used for suc- (d) SUBMISSION; PUBLICATION.— other than an eligible entity described in para-
cessful safe routes to school programs. (1) SUBMISSION OF PLAN.—Not later than 180 graph (1) or (7) of subsection (c), the application
‘‘(2) FUNDING.—The Secretary shall carry out days after the date of enactment of this Act, the shall include documentation that the State
this subsection using amounts set aside for ad- Administrator shall submit to the Committee on highway agency, or an equivalent of that agen-
ministrative expenses under subsection (d)(3). Environment and Public Works of the Senate cy, of the State in which the eligible entity is lo-
‘‘(i) TREATMENT OF PROJECTS.—Notwith- and the Committee on Transportation and In- cated was consulted during the development of
standing any other provision of law, a project frastructure of the House of Representatives the the application.
assisted under this section shall be treated as a research plan described in subsection (b). ‘‘(3) GUIDANCE.—To enhance consideration of
project on a Federal-aid highway under chapter (2) PROGRESS UPDATES.—Not later than 2 current and reliable data, eligible entities may
1.’’. years after the date of enactment of this Act, obtain guidance from an agency in the State
(b) CONFORMING AMENDMENTS.— and biannually thereafter, the Administrator with jurisdiction over fish and wildlife.
(1) The analysis for chapter 2 of title 23, shall submit to the Committees described in ‘‘(e) CONSIDERATIONS.—In selecting grant re-
United States Code, is amended by inserting paragraph (1)— cipients under the pilot program, the Secretary
after the item relating to section 207 the fol- (A) updates on the progress and findings of shall take into consideration the following:
lowing: the research conducted pursuant to the plan de- ‘‘(1) Primarily, the extent to which the pro-
‘‘208. Safe routes to school.’’. scribed in subsection (b); and posed project of an eligible entity is likely to
(2) Section 1404 of SAFETEA–LU (23 U.S.C. (B) in the first submission under this para- protect motorists and wildlife by reducing the
402 note; Public Law 109–59) is repealed. graph, the results and recommendations de- number of wildlife-vehicle collisions and im-
(3) The table of contents in section 1(b) of scribed in subsection (c)(2). prove habitat connectivity for terrestrial and
SAFETEA–LU (Public Law 109–59; 119 Stat. SEC. 11123. WILDLIFE CROSSING SAFETY. aquatic species.
1144) is amended by striking the item relating to (a) DECLARATION OF POLICY.—Section ‘‘(2) Secondarily, the extent to which the pro-
section 1404. 101(b)(3)(D) of title 23, United States Code, is posed project of an eligible entity is likely to ac-
SEC. 11120. HIGHWAY USE TAX EVASION amended, in the matter preceding clause (i), by complish the following:
PROJECTS. inserting ‘‘resilient,’’ after ‘‘efficient,’’. ‘‘(A) Leveraging Federal investment by en-
Section 143(b)(2)(A) of title 23, United States (b) WILDLIFE CROSSINGS PILOT PROGRAM.— couraging non-Federal contributions to the
Code, is amended by striking ‘‘fiscal years 2016 (1) IN GENERAL.—Chapter 1 of title 23, United project, including projects from public-private
through 2020’’ and inserting ‘‘fiscal years 2022 States Code, is amended by adding at the end partnerships.
through 2026’’. the following: ‘‘(B) Supporting local economic development
‘‘§ 171. Wildlife crossings pilot program and improvement of visitation opportunities.
SEC. 11121. CONSTRUCTION OF FERRY BOATS
AND FERRY TERMINAL FACILITIES.
‘‘(C) Incorporation of innovative technologies,
‘‘(a) FINDING.—Congress finds that greater including advanced design techniques and other
Section 147 of title 23, United States Code, is adoption of wildlife-vehicle collision safety strategies to enhance efficiency and effective-
amended by striking subsection (h) and insert- countermeasures is in the public interest be- ness in reducing wildlife-vehicle collisions and
ing the following: cause— improving habitat connectivity for terrestrial
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) according to the report of the Federal and aquatic species.
There are authorized to be appropriated out of Highway Administration entitled ‘Wildlife-Vehi- ‘‘(D) Provision of educational and outreach
the Highway Trust Fund (other than the Mass cle Collision Reduction Study’, there are more opportunities.
Transit Account) to carry out this section— than 1,000,000 wildlife-vehicle collisions every ‘‘(E) Monitoring and research to evaluate,
‘‘(1) $110,000,000 for fiscal year 2022; year; compare effectiveness of, and identify best prac-
‘‘(2) $112,000,000 for fiscal year 2023; ‘‘(2) wildlife-vehicle collisions— tices in, selected projects.
‘‘(3) $114,000,000 for fiscal year 2024; ‘‘(A) present a danger to— ‘‘(F) Any other criteria relevant to reducing
‘‘(4) $116,000,000 for fiscal year 2025; and ‘‘(i) human safety; and the number of wildlife-vehicle collisions and im-
‘‘(5) $118,000,000 for fiscal year 2026.’’. ‘‘(ii) wildlife survival; and proving habitat connectivity for terrestrial and
SEC. 11122. VULNERABLE ROAD USER RESEARCH. ‘‘(B) represent a persistent concern that re- aquatic species, as the Secretary determines to
(a) DEFINITIONS.—In this subsection: sults in tens of thousands of serious injuries and be appropriate, subject to the condition that the
(1) ADMINISTRATOR.—The term ‘‘Adminis- hundreds of fatalities on the roadways of the implementation of the pilot program shall not be
trator’’ means the Secretary, acting through the United States; and delayed in the absence of action by the Sec-
Administrator of the Federal Highway Adminis- ‘‘(3) the total annual cost associated with retary to identify additional criteria under this
tration. wildlife-vehicle collisions has been estimated to subparagraph.
(2) VULNERABLE ROAD USER.—The term ‘‘vul- be $8,388,000,000; and ‘‘(f) USE OF FUNDS.—
nerable road user’’ has the meaning given the ‘‘(4) wildlife-vehicle collisions are a major ‘‘(1) IN GENERAL.—The Secretary shall ensure
term in section 148(a) of title 23, United States threat to the survival of species, including birds, that a grant received under the pilot program is
Code. reptiles, mammals, and amphibians. used for a project to reduce wildlife-vehicle col-
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(b) ESTABLISHMENT OF RESEARCH PLAN.—The ‘‘(b) ESTABLISHMENT.—The Secretary shall es- lisions.
Administrator shall establish a research plan to tablish a competitive wildlife crossings pilot pro- ‘‘(2) GRANT ADMINISTRATION.—
prioritize research on roadway designs, the de- gram (referred to in this section as the ‘pilot ‘‘(A) IN GENERAL.—A grant received under the
velopment of safety countermeasures to mini- program’) to provide grants for projects that pilot program shall be administered by—
mize fatalities and serious injuries to vulnerable seek to achieve— ‘‘(i) in the case of a grant to a Federal land
road users, and the promotion of bicycling and ‘‘(1) a reduction in the number of wildlife-ve- management agency or an Indian tribe (as de-
walking, including research relating to— hicle collisions; and fined in section 207(m)(1), including a Native
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H5202 CONGRESSIONAL RECORD — HOUSE September 27, 2021
village and a Native Corporation (as those terms study, of the practice of methods to reduce colli- ‘‘(1) IN GENERAL.—Not later than 3 years after
are defined in section 3 of the Alaska Native sions between motorists and wildlife (referred to the date of enactment of the Surface Transpor-
Claims Settlement Act (43 U.S.C. 1602))), the in this section as ‘wildlife-vehicle collisions’). tation Reauthorization Act of 2021, the Sec-
Federal Highway Administration, through an ‘‘(2) CONTENTS.— retary shall, based on the study conducted
agreement; and ‘‘(A) AREAS OF STUDY.—The study shall— under subsection (a), develop a series of in-per-
‘‘(ii) in the case of a grant to an eligible entity ‘‘(i) update and expand on, as appropriate— son and online workforce development and tech-
other than an eligible entity described in clause ‘‘(I) the report entitled ‘Wildlife Vehicle Colli- nical training courses—
(i), the State highway agency, or an equivalent sion Reduction Study: 2008 Report to Congress’; ‘‘(A) to reduce wildlife-vehicle collisions; and
of that agency, for the State in which the and ‘‘(B) to improve habitat connectivity for ter-
project is to be carried out. ‘‘(II) the document entitled ‘Wildlife Vehicle restrial and aquatic species.
‘‘(B) PARTNERSHIPS.— Collision Reduction Study: Best Practices Man- ‘‘(2) AVAILABILITY.—The Secretary shall—
‘‘(i) IN GENERAL.—A grant received under the ual’ and dated October 2008; and ‘‘(A) make the series of courses developed
pilot program may be used to provide funds to ‘‘(ii) include— under paragraph (1) available for transpor-
eligible partners of the project for which the ‘‘(I) an assessment, as of the date of the tation and fish and wildlife professionals; and
grant was received described in clause (ii), in study, of— ‘‘(B) update the series of courses not less fre-
accordance with the terms of the project agree- ‘‘(aa) the causes of wildlife-vehicle collisions; quently than once every 2 years.
ment. ‘‘(bb) the impact of wildlife-vehicle collisions ‘‘(c) STANDARDIZATION OF WILDLIFE COLLI-
‘‘(ii) ELIGIBLE PARTNERS DESCRIBED.—The eli- on motorists and wildlife; and SION AND CARCASS DATA.—
gible partners referred to in clause (i) include— ‘‘(cc) the impacts of roads and traffic on habi- ‘‘(1) STANDARDIZED METHODOLOGY.—
‘‘(I) a metropolitan planning organization (as tat connectivity for terrestrial and aquatic spe- ‘‘(A) IN GENERAL.—The Secretary, acting
defined in section 134(b)); cies; and through the Administrator of the Federal High-
‘‘(II) a unit of local government; ‘‘(II) solutions and best practices for— way Administration (referred to in this sub-
‘‘(III) a regional transportation authority; ‘‘(aa) reducing wildlife-vehicle collisions; and section as the ‘Secretary’), shall develop a qual-
‘‘(IV) a special purpose district or public au- ‘‘(bb) improving habitat connectivity for ter- ity standardized methodology for collecting and
thority with a transportation function, includ- restrial and aquatic species. reporting spatially accurate wildlife collision
ing a port authority; ‘‘(B) METHODS.—In carrying out the study, and carcass data for the National Highway Sys-
‘‘(V) an Indian tribe (as defined in section the Secretary shall— tem, considering the practicability of the meth-
207(m)(1)), including a Native village and a Na- ‘‘(i) conduct a thorough review of research odology with respect to technology and cost.
tive Corporation (as those terms are defined in and data relating to— ‘‘(B) METHODOLOGY.—In developing the
section 3 of the Alaska Native Claims Settlement ‘‘(I) wildlife-vehicle collisions; and standardized methodology under subparagraph
Act (43 U.S.C. 1602)); ‘‘(II) habitat fragmentation that results from (A), the Secretary shall—
‘‘(VI) a Federal land management agency; transportation infrastructure; ‘‘(i) survey existing methodologies and sources
‘‘(VII) a foundation, nongovernmental orga- ‘‘(ii) survey current practices of the Depart- of data collection, including the Fatality Anal-
nization, or institution of higher education; ment of Transportation and State departments ysis Reporting System, the General Estimates
‘‘(VIII) a Federal, Tribal, regional, or State of transportation to reduce wildlife-vehicle colli- System of the National Automotive Sampling
government entity; and sions; and System, and the Highway Safety Information
‘‘(IX) a group of any of the entities described ‘‘(iii) consult with— System; and
in subclauses (I) through (VIII). ‘‘(I) appropriate experts in the field of wild- ‘‘(ii) to the extent practicable, identify and
‘‘(3) COMPLIANCE.—An eligible entity that re- life-vehicle collisions; and correct limitations of those existing methodolo-
ceives a grant under the pilot program and en- ‘‘(II) appropriate experts on the effects of gies and sources of data collection.
ters into a partnership described in paragraph roads and traffic on habitat connectivity for ter- ‘‘(C) CONSULTATION.—In developing the
restrial and aquatic species. standardized methodology under subparagraph
(2) shall establish measures to verify that an eli-
‘‘(3) REPORT.— (A), the Secretary shall consult with—
gible partner that receives funds from the grant
‘‘(A) IN GENERAL.—Not later than 18 months ‘‘(i) the Secretary of the Interior;
complies with the conditions of the pilot pro- ‘‘(ii) the Secretary of Agriculture, acting
gram in using those funds. after the date of enactment of the Surface
Transportation Reauthorization Act of 2021, the through the Chief of the Forest Service;
‘‘(g) REQUIREMENT.—The Secretary shall en- ‘‘(iii) Tribal, State, and local transportation
sure that not less than 60 percent of the Secretary shall submit to Congress a report on
the results of the study. and wildlife authorities;
amounts made available for grants under the ‘‘(iv) metropolitan planning organizations (as
pilot program each fiscal year are for projects ‘‘(B) CONTENTS.—The report under subpara-
graph (A) shall include— defined in section 134(b));
located in rural areas. ‘‘(v) members of the American Association of
‘‘(h) ANNUAL REPORT TO CONGRESS.— ‘‘(i) a description of—
State Highway Transportation Officials;
‘‘(1) IN GENERAL.—Not later than December 31 ‘‘(I) the causes of wildlife-vehicle collisions;
‘‘(vi) members of the Association of Fish and
of each calendar year, the Secretary shall sub- ‘‘(II) the impacts of wildlife-vehicle collisions;
Wildlife Agencies;
mit to Congress, and make publicly available, a and ‘‘(vii) experts in the field of wildlife-vehicle
report describing the activities under the pilot ‘‘(III) the impacts of roads and traffic on— collisions;
program for the fiscal year that ends during ‘‘(aa) species listed as threatened species or ‘‘(viii) nongovernmental organizations; and
that calendar year. endangered species under the Endangered Spe- ‘‘(ix) other interested stakeholders, as appro-
‘‘(2) CONTENTS.—The report under paragraph cies Act of 1973 (16 U.S.C. 1531 et seq.); priate.
(1) shall include— ‘‘(bb) species identified by States as species of ‘‘(2) STANDARDIZED NATIONAL DATA SYSTEM
‘‘(A) a detailed description of the activities greatest conservation need; WITH VOLUNTARY TEMPLATE IMPLEMENTATION.—
carried out under the pilot program; ‘‘(cc) species identified in State wildlife plans; The Secretary shall—
‘‘(B) an evaluation of the effectiveness of the and ‘‘(A) develop a template for State implementa-
pilot program in meeting the purposes described ‘‘(dd) medium and small terrestrial and aquat- tion of a standardized national wildlife collision
in subsection (b); and ic species; and carcass data system for the National High-
‘‘(C) policy recommendations to improve the ‘‘(ii) an economic evaluation of the costs and way System that is based on the standardized
effectiveness of the pilot program. benefits of installing highway infrastructure methodology developed under paragraph (1);
‘‘(i) TREATMENT OF PROJECTS.—Notwith- and other measures to mitigate damage to terres- and
standing any other provision of law, a project trial and aquatic species, including the effect on ‘‘(B) encourage the voluntary implementation
assisted under this section shall be treated as a jobs, property values, and economic growth to of the template developed under subparagraph
project on a Federal-aid highway under this society, adjacent communities, and landowners; (A).
chapter.’’. ‘‘(iii) recommendations for preventing wildlife- ‘‘(3) REPORTS.—
(2) CLERICAL AMENDMENT.—The analysis for vehicle collisions, including recommended best ‘‘(A) METHODOLOGY.—The Secretary shall
chapter 1 of title 23, United States Code, is practices, funding resources, or other rec- submit to Congress a report describing the
amended by inserting after the item relating to ommendations for addressing wildlife-vehicle standardized methodology developed under
section 170 the following: collisions; and paragraph (1) not later than the later of—
‘‘(iv) guidance, developed in consultation with ‘‘(i) the date that is 18 months after the date
‘‘171. Wildlife crossings pilot program.’’.
Federal land management agencies and State of enactment of the Surface Transportation Re-
(c) WILDLIFE VEHICLE COLLISION REDUCTION
departments of transportation, State fish and authorization Act of 2021; and
AND HABITAT CONNECTIVITY IMPROVEMENT.—
wildlife agencies, and Tribal governments that ‘‘(ii) the date that is 180 days after the date
(1) IN GENERAL.—Chapter 1 of title 23, United
agree to participate, for developing, for each on which the Secretary completes the develop-
States Code (as amended by subsection (b)(1)), is
State that agrees to participate, a voluntary ment of the standardized methodology.
amended by adding at the end the following:
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joint statewide transportation and wildlife ac- ‘‘(B) IMPLEMENTATION.—Not later than 4
‘‘§ 172. Wildlife-vehicle collision reduction and tion plan— years after the date of enactment of the Surface
habitat connectivity improvement ‘‘(I) to address wildlife-vehicle collisions; and Transportation Reauthorization Act of 2021, the
‘‘(a) STUDY.— ‘‘(II) to improve habitat connectivity for ter- Secretary shall submit to Congress a report de-
‘‘(1) IN GENERAL.—The Secretary shall con- restrial and aquatic species. scribing—
duct a study (referred to in this subsection as ‘‘(b) WORKFORCE DEVELOPMENT AND TECH- ‘‘(i) the status of the voluntary implementa-
the ‘study’) of the state, as of the date of the NICAL TRAINING.— tion of the standardized methodology developed
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September 27, 2021 CONGRESSIONAL RECORD — HOUSE H5203
under paragraph (1) and the template developed measures to enable safe and unimpeded move- ‘‘(A) 50 percent shall be used for eligible
under paragraph (2)(A); ment for terrestrial and aquatic species.’’; and projects on Federal lands transportation facili-
‘‘(ii) whether the implementation of the stand- (3) in subsection (i), by adding at the end the ties and Federal lands access transportation fa-
ardized methodology developed under para- following: cilities (as those terms are defined in section
graph (1) and the template developed under ‘‘(3) REQUIREMENT.—The first revision under 101(a) of title 23, United States Code); and
paragraph (2)(A) has impacted efforts by States, paragraph (2) after the date of enactment of the ‘‘(B) 50 percent shall be used for eligible
units of local government, and other entities— Surface Transportation Reauthorization Act of projects on tribal transportation facilities (as
‘‘(I) to reduce the number of wildlife-vehicle 2021 shall include techniques to assess passage defined in section 101(a) of title 23, United
collisions; and of aquatic and terrestrial species and habitat States Code).
‘‘(II) to improve habitat connectivity; restoration potential.’’. ‘‘(2) REQUIREMENT.—Not less than 1 eligible
‘‘(iii) the degree of the impact described in SEC. 11124. CONSOLIDATION OF PROGRAMS. project carried out using the amount described
clause (ii); and Section 1519(a) of MAP–21 (Public Law 112– in paragraph (1)(A) shall be in a unit of the Na-
‘‘(iv) the recommendations of the Secretary, 141; 126 Stat. 574; 129 Stat. 1423) is amended, in tional Park System with not less than 3,000,000
including recommendations for further study the matter preceding paragraph (1), by striking annual visitors.
aimed at reducing motorist collisions involving ‘‘fiscal years 2016 through 2020’’ and inserting ‘‘(3) AVAILABILITY.—Amounts made available
wildlife and improving habitat connectivity for ‘‘fiscal years 2022 through 2026’’. to carry out this section shall remain available
terrestrial and aquatic species on the National SEC. 11125. GAO REPORT. for a period of 3 fiscal years following the fiscal
Highway System, if any. (a) IN GENERAL.—Section 1433 of the FAST year for which the amounts are appropriated.’’.
‘‘(d) NATIONAL THRESHOLD GUIDANCE.—The Act (23 U.S.C. 101 note; Public Law 114–94) is re- SEC. 11128. TRIBAL HIGH PRIORITY PROJECTS
Secretary shall— pealed. PROGRAM.
‘‘(1) establish guidance, to be carried out by (b) CLERICAL AMENDMENT.—The table of con- Section 1123(h) of MAP–21 (23 U.S.C. 202 note;
States on a voluntary basis, that contains a tents in section 1(b) of the FAST Act (Public Public Law 112–141) is amended—
threshold for determining whether a highway Law 114–94; 129 Stat. 1312) is amended by strik- (1) by redesignating paragraph (2) as para-
shall be evaluated for potential mitigation meas- ing the item relating to section 1433. graph (3);
ures to reduce wildlife-vehicle collisions and in- SEC. 11126. TERRITORIAL AND PUERTO RICO (2) in paragraph (3) (as so redesignated), in
crease habitat connectivity for terrestrial and HIGHWAY PROGRAM. the matter preceding subparagraph (A), by
aquatic species, taking into consideration— Section 165 of title 23, United States Code, is striking ‘‘paragraph (1)’’ and inserting ‘‘para-
‘‘(A) the number of wildlife-vehicle collisions amended— graphs (1) and (2)’’; and
on the highway that pose a human safety risk; (1) in subsection (a), by striking paragraphs (3) by striking the subsection designation and
‘‘(B) highway-related mortality and the ef- (1) and (2) and inserting the following: heading and all that follows through the period
fects of traffic on the highway on— ‘‘(1) for the Puerto Rico highway program at the end of paragraph (1) and inserting the
‘‘(i) species listed as endangered species or under subsection (b)— following:
threatened species under the Endangered Spe- ‘‘(A) $173,010,000 shall be for fiscal year 2022; ‘‘(h) FUNDING.—
cies Act of 1973 (16 U.S.C. 1531 et seq.); ‘‘(B) $176,960,000 shall be for fiscal year 2023; ‘‘(1) SET-ASIDE.—For each of fiscal years 2022
‘‘(ii) species identified by a State as species of ‘‘(C) $180,120,000 shall be for fiscal year 2024; through 2026, of the amounts made available to
greatest conservation need; ‘‘(D) $183,675,000 shall be for fiscal year 2025; carry out the tribal transportation program
‘‘(iii) species identified in State wildlife plans; and under section 202 of title 23, United States Code,
and ‘‘(E) $187,230,000 shall be for fiscal year 2026; for that fiscal year, the Secretary shall use
‘‘(iv) medium and small terrestrial and aquat- and $9,000,000 to carry out the program.
ic species; and ‘‘(2) for the territorial highway program under ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—In
‘‘(C) habitat connectivity values for terrestrial subsection (c)— addition to amounts made available under para-
and aquatic species and the barrier effect of the ‘‘(A) $45,990,000 shall be for fiscal year 2022; graph (1), there is authorized to be appropriated
highway on the movements and migrations of ‘‘(B) $47,040,000 shall be for fiscal year 2023; $30,000,000 out of the general fund of the Treas-
those species.’’. ‘‘(C) $47,880,000 shall be for fiscal year 2024; ury to carry out the program for each of fiscal
(2) CLERICAL AMENDMENT.—The analysis for ‘‘(D) $48,825,000 shall be for fiscal year 2025; years 2022 through 2026.’’.
chapter 1 of title 23, United States Code (as and SEC. 11129. STANDARDS.
amended by subsection (b)(2)) is amended by in- ‘‘(E) $49,770,000 shall be for fiscal year 2026.’’;
Section 109 of title 23, United States Code, is
serting after the item relating to section 171 the (2) in subsection (b)(2)(C)(iii), by inserting
amended—
following: ‘‘and preventative maintenance on the National
(1) in subsection (d)—
Highway System’’ after ‘‘chapter 1’’; and
‘‘172. Wildlife-vehicle collision reduction and (A) by striking ‘‘(d) On any’’ and inserting
(3) in subsection (c)(7), by striking ‘‘para-
habitat connectivity improve- the following:
graphs (1) through (4) of section 133(c) and sec-
ment.’’. ‘‘(d) MANUAL ON UNIFORM TRAFFIC CONTROL
tion 133(b)(12)’’ and inserting ‘‘paragraphs (1),
(d) WILDLIFE CROSSINGS STANDARDS.—Section DEVICES.—
(2), (3), and (5) of section 133(c) and section
109(c)(2) of title 23, United States Code, is ‘‘(1) IN GENERAL.—On any’’;
133(b)(13)’’.
amended— (B) in paragraph (1) (as so designated), by
SEC. 11127. NATIONALLY SIGNIFICANT FEDERAL
(1) in subparagraph (E), by striking ‘‘and’’ at LANDS AND TRIBAL PROJECTS PRO-
striking ‘‘promote the safe’’ and inserting ‘‘pro-
the end; GRAM. mote the safety, inclusion, and mobility of all
(2) by redesignating subparagraph (F) as sub- Section 1123 of the FAST Act (23 U.S.C. 201 users’’; and
paragraph (G); and note; Public Law 114–94) is amended— (C) by adding at the end the following:
(3) by inserting after subparagraph (E) the (1) in subsection (c)(3), by striking ‘‘(2) UPDATES.—Not later than 18 months after
following: ‘‘$25,000,000’’ and all that follows through the the date of enactment of the Surface Transpor-
‘‘(F) the publication of the Federal Highway period at the end and inserting ‘‘$12,500,000.’’; tation Reauthorization Act of 2021 and not less
Administration entitled ‘Wildlife Crossing Struc- (2) in subsection (g)— frequently than every 4 years thereafter, the
ture Handbook: Design and Evaluation in North (A) by striking the subsection designation and Secretary shall update the Manual on Uniform
America’ and dated March 2011; and’’. heading and all that follows through ‘‘The Fed- Traffic Control Devices.’’;
(e) WILDLIFE HABITAT CONNECTIVITY AND NA- eral’’ in paragraph (1) and inserting the fol- (2) in subsection (o)—
TIONAL BRIDGE AND TUNNEL INVENTORY AND IN- lowing: (A) by striking ‘‘Projects’’ and inserting:
SPECTION STANDARDS.—Section 144 of title 23, ‘‘(g) COST SHARE.— ‘‘(A) IN GENERAL.—Projects’’; and
United States Code, is amended— ‘‘(1) FEDERAL SHARE.— (B) by inserting at the end the following:
(1) in subsection (a)(2)— ‘‘(A) IN GENERAL.—Except as provided in sub- ‘‘(B) LOCAL JURISDICTIONS.—Notwithstanding
(A) in subparagraph (B), by inserting ‘‘, resil- paragraph (B), the Federal’’; subparagraph (A), a local jurisdiction may use
ience,’’ after ‘‘safety’’; (B) in paragraph (1), by adding at the end the a roadway design guide recognized by the Fed-
(B) in subparagraph (D), by striking ‘‘and’’ at following: eral Highway Administration and adopted by
the end; ‘‘(B) TRIBAL PROJECTS.—In the case of a the local jurisdiction that is different from the
(C) in subparagraph (E), by striking the pe- project on a tribal transportation facility (as de- roadway design guide used by the State in
riod at the end and inserting ‘‘; and’’; and fined in section 101(a) of title 23, United States which the local jurisdiction is located for the de-
(D) by adding at the end the following: Code), the Federal share of the cost of the sign of projects on all roadways under the own-
‘‘(F) to ensure adequate passage of aquatic project shall be 100 percent.’’; and ership of the local jurisdiction (other than a
and terrestrial species, where appropriate.’’; (C) in paragraph (2), by striking ‘‘other than highway on the National Highway System) for
(2) in subsection (b)— those made available under title 23 or title 49, which the local jurisdiction is the project spon-
ctelli on DSK11ZRN23PROD with HOUSE
(A) in paragraph (4), by striking ‘‘and’’ at the United States Code,’’; and sor, provided that the design complies with all
end; (3) by striking subsection (h) and inserting the other applicable Federal laws.’’; and
(B) in paragraph (5), by striking the period at following: (3) by adding at the end the following:
the end and inserting ‘‘; and’’; and ‘‘(h) USE OF FUNDS.— ‘‘(s) ELECTRIC VEHICLE CHARGING STATIONS.—
(C) by adding at the end the following: ‘‘(1) IN GENERAL.—For each fiscal year, of the ‘‘(1) STANDARDS.—Electric vehicle charging
‘‘(6) determine if the replacement or rehabili- amounts made available to carry out this sec- infrastructure installed using funds provided
tation of bridges and tunnels should include tion— under this title shall provide, at a minimum—
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H5204 CONGRESSIONAL RECORD — HOUSE September 27, 2021
‘‘(A) non-proprietary charging connectors retary the means by which the State will use ‘‘(G) a project to develop, establish, or main-
that meet applicable industry safety standards; those reserved funds in accordance with sub- tain an integrated mobility management system,
and paragraphs (A) and (B) of paragraph (1), and a transportation demand management system,
‘‘(B) open access to payment methods that are paragraph (3). or on-demand mobility services.
available to all members of the public to ensure ‘‘(ii) STATES DESCRIBED.—A State referred to ‘‘(2) BUNDLING OF ELIGIBLE PROJECTS.—
secure, convenient, and equal access to the elec- in clause (i) is a State— ‘‘(A) IN GENERAL.—An eligible entity may
tric vehicle charging infrastructure that shall ‘‘(I) that has not enacted or is not enforcing bundle 2 or more similar eligible projects under
not be limited by membership to a particular a repeat intoxicated driver law; and the program that are—
payment provider. ‘‘(II) for which the Secretary determined for ‘‘(i) included as a bundled project in a state-
‘‘(2) TREATMENT OF PROJECTS.—Notwith- the prior fiscal year that the State had not en- wide transportation improvement program under
standing any other provision of law, a project to acted or was not enforcing a repeat intoxicated section 135; and
install electric vehicle charging infrastructure driver law.’’; and ‘‘(ii) awarded to a single contractor or con-
using funds provided under this title shall be (3) in subparagraph (B), in the matter pre- sultant pursuant to a contract for engineering
treated as if the project is located on a Federal- ceding clause (i), by striking ‘‘subparagraph and design or construction between the con-
aid highway.’’. (A)’’ and inserting ‘‘subparagraph (A)(i)’’. tractor and the eligible entity.
‘‘(B) ITEMIZATION.—Notwithstanding any
SEC. 11130. PUBLIC TRANSPORTATION. SEC. 11132. RURAL SURFACE TRANSPORTATION
GRANT PROGRAM. other provision of law (including regulations), a
(a) IN GENERAL.—Section 142(a) of title 23, bundling of eligible projects under this para-
United States Code, is amended by adding at the (a) IN GENERAL.—Chapter 1 of title 23, United
States Code (as amended by section 11123(c)(1)), graph may be considered to be a single project,
end the following: including for purposes of section 135.
‘‘(3) BUS CORRIDORS.—In addition to the is amended by adding at the end the following:
‘‘(f) ELIGIBLE PROJECT COSTS.—An eligible en-
projects described in paragraphs (1) and (2), the ‘‘§ 173. Rural surface transportation grant tity may use funds from a grant under the pro-
Secretary may approve payment from sums ap- program gram for—
portioned under paragraph (2) or (7) of section ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) development phase activities, including
104(b) for carrying out a capital project for the ‘‘(1) PROGRAM.—The term ‘program’ means planning, feasibility analysis, revenue fore-
construction of a bus rapid transit corridor or the program established under subsection (b)(1). casting, environmental review, preliminary engi-
dedicated bus lanes, including the construction ‘‘(2) RURAL AREA.—The term ‘rural area’ neering and design work, and other
or installation of— means an area that is outside an urbanized area preconstruction activities; and
‘‘(A) traffic signaling and prioritization sys- with a population of over 200,000. ‘‘(2) construction, reconstruction, rehabilita-
tems; ‘‘(b) ESTABLISHMENT.— tion, acquisition of real property (including
‘‘(B) redesigned intersections that are nec- ‘‘(1) IN GENERAL.—The Secretary shall estab- land related to the project and improvements to
essary for the establishment of a bus rapid tran- lish a rural surface transportation grant pro- the land), environmental mitigation, construc-
sit corridor; gram to provide grants, on a competitive basis, tion contingencies, acquisition of equipment,
‘‘(C) on-street stations; to eligible entities to improve and expand the and operational improvements.
‘‘(D) fare collection systems; surface transportation infrastructure in rural ‘‘(g) PROJECT REQUIREMENTS.—The Secretary
‘‘(E) information and wayfinding systems; areas. may provide a grant under the program to an el-
and ‘‘(2) GOALS.—The goals of the program shall igible project only if the Secretary determines
‘‘(F) depots.’’. be— that the project—
(b) TECHNICAL CORRECTION.—Section 142 of ‘‘(A) to increase connectivity; ‘‘(1) will generate regional economic, mobility,
title 23, United States Code, is amended by strik- ‘‘(B) to improve the safety and reliability of or safety benefits;
ing subsection (i). the movement of people and freight; and ‘‘(2) will be cost effective;
SEC. 11131. RESERVATION OF CERTAIN FUNDS. ‘‘(C) to generate regional economic growth ‘‘(3) will contribute to the accomplishment of
(a) OPEN CONTAINER REQUIREMENTS.—Section and improve quality of life. 1 or more of the national goals under section
154(c)(2) of title 23, United States Code, is ‘‘(3) GRANT ADMINISTRATION.—The Secretary 150;
amended— may— ‘‘(4) is based on the results of preliminary en-
(1) in the paragraph heading, by striking ‘‘(A) retain not more than a total of 2 percent gineering; and
‘‘2012’’ and inserting ‘‘2022’’; of the funds made available to carry out the ‘‘(5) is reasonably expected to begin construc-
(2) by striking subparagraph (A) and inserting program and to review applications for grants tion not later than 18 months after the date of
the following: under the program; and obligation of funds for the project.
‘‘(A) RESERVATION OF FUNDS.— ‘‘(h) ADDITIONAL CONSIDERATIONS.—In pro-
‘‘(B) transfer portions of the funds retained
‘‘(i) IN GENERAL.—On October 1, 2021, and viding grants under the program, the Secretary
under subparagraph (A) to the relevant Admin-
each October 1 thereafter, in the case of a State shall consider the extent to which an eligible
istrators to fund the award and oversight of
described in clause (ii), the Secretary shall re- project will—
grants provided under the program.
serve an amount equal to 2.5 percent of the ‘‘(1) improve the state of good repair of exist-
‘‘(c) ELIGIBLE ENTITIES.—The Secretary may
funds to be apportioned to the State on that ing highway, bridge, and tunnel facilities;
make a grant under the program to—
‘‘(2) increase the capacity or connectivity of
date under each of paragraphs (1) and (2) of ‘‘(1) a State;
the surface transportation system and improve
section 104(b) until the State certifies to the Sec- ‘‘(2) a regional transportation planning orga-
mobility for residents of rural areas;
retary the means by which the State will use nization; ‘‘(3) address economic development and job
those reserved funds in accordance with sub- ‘‘(3) a unit of local government; creation challenges, including energy sector job
paragraphs (A) and (B) of paragraph (1), and ‘‘(4) a Tribal government or a consortium of losses in energy communities as identified in the
paragraph (3). Tribal governments; and report released in April 2021 by the interagency
‘‘(ii) STATES DESCRIBED.—A State referred to ‘‘(5) a multijurisdictional group of entities de-
working group established by section 218 of Ex-
in clause (i) is a State— scribed in paragraphs (1) through (4).
ecutive Order 14008 (86 Fed. Reg. 7628 (February
‘‘(I) that has not enacted or is not enforcing ‘‘(d) APPLICATIONS.—To be eligible to receive a
1, 2021));
an open container law described in subsection grant under the program, an eligible entity shall ‘‘(4) enhance recreational and tourism oppor-
(b); and submit to the Secretary an application in such tunities by providing access to Federal land, na-
‘‘(II) for which the Secretary determined for form, at such time, and containing such infor- tional parks, national forests, national recre-
the prior fiscal year that the State had not en- mation as the Secretary may require. ation areas, national wildlife refuges, wilder-
acted or was not enforcing an open container ‘‘(e) ELIGIBLE PROJECTS.— ness areas, or State parks;
law described in subsection (b).’’; and ‘‘(1) IN GENERAL.—Except as provided in para- ‘‘(5) contribute to geographic diversity among
(3) in subparagraph (B), in the matter pre- graph (2), the Secretary may make a grant grant recipients;
ceding clause (i), by striking ‘‘subparagraph under the program only for a project that is— ‘‘(6) utilize innovative project delivery ap-
(A)’’ and inserting ‘‘subparagraph (A)(i)’’. ‘‘(A) a highway, bridge, or tunnel project eli- proaches or incorporate transportation tech-
(b) REPEAT INTOXICATED DRIVER LAWS.—Sec- gible under section 119(d); nologies;
tion 164(b)(2) of title 23, United States Code, is ‘‘(B) a highway, bridge, or tunnel project eli- ‘‘(7) coordinate with projects to address
amended— gible under section 133(b); broadband infrastructure needs; or
(1) in the paragraph heading, by striking ‘‘(C) a project eligible under section 202(a); ‘‘(8) improve access to emergency care, essen-
‘‘2012’’ and inserting ‘‘2022’’; ‘‘(D) a highway freight project eligible under tial services, healthcare providers, or drug and
(2) by striking subparagraph (A) and inserting section 167(h)(5); alcohol treatment and rehabilitation resources.
the following: ‘‘(E) a highway safety improvement project, ‘‘(i) GRANT AMOUNT.—Except as provided in
‘‘(A) RESERVATION OF FUNDS.— including a project to improve a high risk rural subsection (k)(1), a grant under the program
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‘‘(i) IN GENERAL.—On October 1, 2021, and road (as those terms are defined in section shall be in an amount that is not less than
each October 1 thereafter, in the case of a State 148(a)); $25,000,000.
described in clause (ii), the Secretary shall re- ‘‘(F) a project on a publicly-owned highway ‘‘(j) FEDERAL SHARE.—
serve an amount equal to 2.5 percent of the or bridge that provides or increases access to an ‘‘(1) IN GENERAL.—Except as provided in para-
funds to be apportioned to the State on that agricultural, commercial, energy, or intermodal graph (2), the Federal share of the cost of a
date under each of paragraphs (1) and (2) of facility that supports the economy of a rural project carried out with a grant under the pro-
section 104(b) until the State certifies to the Sec- area; or gram may not exceed 80 percent.
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September 27, 2021 CONGRESSIONAL RECORD — HOUSE H5205
‘‘(2) FEDERAL SHARE FOR CERTAIN PROJECTS.— which a grant has been provided under the pro- ‘‘(I) provides assistance only when the rider is
The Federal share of the cost of an eligible gram during that fiscal year. pedaling; and
project that furthers the completion of a des- ‘‘(2) COMPTROLLER GENERAL.— ‘‘(II) ceases to provide assistance when the
ignated segment of the Appalachian Develop- ‘‘(A) ASSESSMENT.—The Comptroller General speed of the bicycle reaches or exceeds 28 miles
ment Highway System under section 14501 of of the United States shall conduct an assess- per hour.’’.
title 40, or addresses a surface transportation in- ment of the administrative establishment, solici- SEC. 11134. RECREATIONAL TRAILS PROGRAM.
frastructure need identified for the Denali ac- tation, selection, and justification process with Section 206 of title 23, United States Code, is
cess system program under section 309 of the respect to the awarding of grants under the pro- amended by adding at the end the following:
Denali Commission Act of 1998 (42 U.S.C. 3121 gram for each fiscal year. ‘‘(j) USE OF OTHER APPORTIONED FUNDS.—
note; Public Law 105–277) shall be up to 100 per- ‘‘(B) REPORT.—Each fiscal year, the Comp- Funds apportioned to a State under section
cent, as determined by the State. troller General shall submit to the Committee on 104(b) that are obligated for a recreational trail
‘‘(3) USE OF OTHER FEDERAL ASSISTANCE.— Environment and Public Works of the Senate or a related project shall be administered as if
Federal assistance other than a grant under the and the Committee on Transportation and In- the funds were made available to carry out this
program may be used to satisfy the non-Federal frastructure of the House of Representatives a section.’’.
share of the cost of a project carried out with a report that describes, for the fiscal year— SEC. 11135. UPDATES TO MANUAL ON UNIFORM
grant under the program. ‘‘(i) the adequacy and fairness of the process TRAFFIC CONTROL DEVICES.
‘‘(k) SET ASIDES.— by which each project was selected, if applica- In carrying out the first update to the Manual
‘‘(1) SMALL PROJECTS.—The Secretary shall ble; and on Uniform Traffic Control Devices under sec-
use not more than 10 percent of the amounts ‘‘(ii) the justification and criteria used for the tion 109(d)(2) of title 23, United States Code, to
made available for the program for each fiscal selection of each project, if applicable. the greatest extent practicable, the Secretary
year to provide grants for eligible projects in an ‘‘(o) TREATMENT OF PROJECTS.—Notwith- shall include updates necessary to provide for—
amount that is less than $25,000,000. standing any other provision of law, a project (1) the protection of vulnerable road users (as
‘‘(2) APPALACHIAN DEVELOPMENT HIGHWAY assisted under this section shall be treated as a defined in section 148(a) of title 23, United
SYSTEM.—The Secretary shall reserve 25 percent project on a Federal-aid highway under this States Code);
of the amounts made available for the program chapter.’’. (2) supporting the safe testing of automated
for each fiscal year for eligible projects that fur- (b) CLERICAL AMENDMENT.—The analysis for vehicle technology and any preparation nec-
ther the completion of designated routes of the chapter 1 of title 23, United States Code (as essary for the safe integration of automated ve-
Appalachian Development Highway System amended by section 11123(c)(2)), is amended by hicles onto public streets;
under section 14501 of title 40. inserting after the item relating to section 172 (3) appropriate use of variable message signs
‘‘(3) RURAL ROADWAY LANE DEPARTURES.—The the following: to enhance public safety;
Secretary shall reserve 15 percent of the ‘‘173. Rural surface transportation grant pro- (4) the minimum retroreflectivity of traffic
amounts made available for the program for gram.’’. control devices and pavement markings; and
each fiscal year to provide grants for eligible (5) any additional recommendations made by
SEC. 11133. BICYCLE TRANSPORTATION AND PE-
projects located in States that have rural road- DESTRIAN WALKWAYS. the National Committee on Uniform Traffic Con-
way fatalities as a result of lane departures that trol Devices that have not been incorporated
Section 217 of title 23, United States Code, is
are greater than the average of rural roadway into the Manual on Uniform Traffic Control De-
amended—
fatalities as a result of lane departures in the vices.
(1) in subsection (a)—
United States, based on the latest available data
(A) by striking ‘‘pedestrian walkways and bi- Subtitle B—Planning and Performance
from the Secretary.
cycle’’ and inserting ‘‘pedestrian walkways and Management
‘‘(4) EXCESS FUNDING.—In any fiscal year in
bicycle and shared micromobility’’; and SEC. 11201. TRANSPORTATION PLANNING.
which qualified applications for grants under
(B) by striking ‘‘safe bicycle use’’ and insert- (a) METROPOLITAN TRANSPORTATION PLAN-
this subsection do not allow for the amounts re-
ing ‘‘safe access for bicyclists and pedestrians’’; NING.—Section 134 of title 23, United States
served under paragraphs (1), (2), or (3) to be
(2) in subsection (d), by striking ‘‘a position’’ Code, is amended—
fully utilized, the Secretary shall use the unuti-
and inserting ‘‘up to 2 positions’’; (1) in subsection (d)—
lized amounts to make other grants under the
(3) in subsection (e), by striking ‘‘bicycles’’ (A) in paragraph (3), by adding at the end the
program.
‘‘(l) CONGRESSIONAL REVIEW.— each place it appears and inserting ‘‘pedestrians following:
‘‘(1) NOTIFICATION.—Not less than 60 days be- or bicyclists’’; ‘‘(D) CONSIDERATIONS.—In designating offi-
fore providing a grant under the program, the (4) in subsection (f), by striking ‘‘and a bicy- cials or representatives under paragraph (2) for
Secretary shall submit to the Committee on En- cle’’ and inserting ‘‘or a bicycle or shared micro- the first time, subject to the bylaws or enabling
vironment and Public Works of the Senate and mobility’’; and statute of the metropolitan planning organiza-
the Committee on Transportation and Infra- (5) in subsection (j), by striking paragraph (2) tion, the metropolitan planning organization
structure of the House of Representatives— and inserting the following: shall consider the equitable and proportional
‘‘(A) a list of all applications determined to be ‘‘(2) ELECTRIC BICYCLE.— representation of the population of the metro-
eligible for a grant by the Secretary; ‘‘(A) IN GENERAL.—The term ‘electric bicycle’ politan planning area.’’; and
‘‘(B) each application proposed to be selected means a bicycle— (B) in paragraph (7)—
for a grant, including a justification for the se- ‘‘(i) equipped with fully operable pedals, a (i) by striking ‘‘an existing metropolitan plan-
lection; and saddle or seat for the rider, and an electric ning area’’ and inserting ‘‘an existing urbanized
‘‘(C) proposed grant amounts. motor of less than 750 watts; area (as defined by the Bureau of the Census)’’;
‘‘(2) COMMITTEE REVIEW.—Before the last day ‘‘(ii) that can safely share a bicycle transpor- and
of the 60-day period described in paragraph (1), tation facility with other users of such facility; (ii) by striking ‘‘the existing metropolitan
each Committee described in paragraph (1) shall and planning area’’ and inserting ‘‘the area’’;
review the list of proposed projects submitted by ‘‘(iii) that is a class 1 electric bicycle, class 2 (2) in subsection (g)—
the Secretary. electric bicycle, or class 3 electric bicycle. (A) in paragraph (1), by striking ‘‘a metropoli-
‘‘(3) CONGRESSIONAL DISAPPROVAL.—The Sec- ‘‘(B) CLASSES OF ELECTRIC BICYCLES.— tan area’’ and inserting ‘‘an urbanized area (as
retary may not make a grant or any other obli- ‘‘(i) CLASS 1 ELECTRIC BICYCLE.—For purposes defined by the Bureau of the Census)’’; and
gation or commitment to fund a project under of subparagraph (A)(iii), the term ‘class 1 elec- (B) by adding at the end the following:
the program if a joint resolution is enacted dis- tric bicycle’ means an electric bicycle, other ‘‘(4) COORDINATION BETWEEN MPOS.—If more
approving funding for the project before the last than a class 3 electric bicycle, equipped with a than 1 metropolitan planning organization is
day of the 60-day period described in paragraph motor that— designated within an urbanized area (as defined
(1). ‘‘(I) provides assistance only when the rider is by the Bureau of the Census) under subsection
‘‘(m) TRANSPARENCY.— pedaling; and (d)(7), the metropolitan planning organizations
‘‘(1) IN GENERAL.—Not later than 30 days after ‘‘(II) ceases to provide assistance when the designated within the area shall ensure, to the
providing a grant for a project under the pro- speed of the bicycle reaches or exceeds 20 miles maximum extent practicable, the consistency of
gram, the Secretary shall provide to all appli- per hour. any data used in the planning process, includ-
cants, and publish on the website of the Depart- ‘‘(ii) CLASS 2 ELECTRIC BICYCLE.—For purposes ing information used in forecasting travel de-
ment of Transportation, the information de- of subparagraph (A)(iii), the term ‘class 2 elec- mand.
scribed in subsection (l)(1). tric bicycle’ means an electric bicycle equipped ‘‘(5) SAVINGS CLAUSE.—Nothing in this sub-
‘‘(2) BRIEFING.—The Secretary shall provide, with a motor that— section requires metropolitan planning organi-
on the request of an eligible entity, the oppor- ‘‘(I) may be used exclusively to propel the bi- zations designated within a single urbanized
tunity to receive a briefing to explain any rea- cycle; and area to jointly develop planning documents, in-
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sons the eligible entity was not selected to re- ‘‘(II) is not capable of providing assistance cluding a unified long-range transportation
ceive a grant under the program. when the speed of the bicycle reaches or exceeds plan or unified TIP.’’;
‘‘(n) REPORTS.— 20 miles per hour. (3) in subsection (i)(6), by adding at the end
‘‘(1) ANNUAL REPORT.—The Secretary shall ‘‘(iii) CLASS 3 ELECTRIC BICYCLE.—For pur- the following:
make available on the website of the Depart- poses of subparagraph (A)(iii), the term ‘class 3 ‘‘(D) USE OF TECHNOLOGY.—A metropolitan
ment of Transportation at the end of each fiscal electric bicycle’ means an electric bicycle planning organization may use social media and
year an annual report that lists each project for equipped with a motor that— other web-based tools—
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H5206 CONGRESSIONAL RECORD — HOUSE September 27, 2021
‘‘(i) to further encourage public participation; ‘‘(I) develop regional goals for the integration ‘‘(H) in the case of public-private partnerships
and of housing, transportation, and economic devel- or other alternative project delivery methods to
‘‘(ii) to solicit public feedback during the opment strategies to— carry out the transportation program of the
transportation planning process.’’; and ‘‘(aa) better connect housing and employment State, a description of workforce needs—
(4) in subsection (p), by striking ‘‘paragraphs while mitigating commuting times; ‘‘(i) to ensure that the transportation mission,
(5)(D) and (6) of section 104(b) of this title’’ and ‘‘(bb) align transportation improvements with goals, and organizational objectives of the State
inserting ‘‘section 104(b)(6)’’. housing needs, such as housing supply short- are fully carried out; and
(b) STATEWIDE AND NONMETROPOLITAN TRANS- ages, and proposed housing development; ‘‘(ii) to ensure that procurement methods pro-
PORTATION PLANNING.—Section 135(f)(3) of title ‘‘(cc) align planning for housing and trans- vide the best public value;
23, United States Code, is amended by adding at portation to address needs in relationship to ‘‘(I) a system for analyzing and evaluating
the end the following: household incomes within the metropolitan the performance of the State department of
‘‘(C) USE OF TECHNOLOGY.—A State may use planning area; transportation with respect to all aspects of
social media and other web-based tools— ‘‘(dd) expand housing and economic develop- human capital management policies, programs,
‘‘(i) to further encourage public participation; ment within the catchment areas of existing and activities; and
and transportation facilities and public transpor- ‘‘(J) the manner in which the plan will im-
‘‘(ii) to solicit public feedback during the tation services when appropriate, including prove the ability of the State to meet the na-
transportation planning process.’’. higher-density development, as locally deter- tional policy in support of performance manage-
(c) CONFORMING AMENDMENT.—Section 135(i) mined; ment established under section 150.
of title 23, United States Code, is amended by ‘‘(ee) manage effects of growth of vehicle miles ‘‘(2) PLANNING PERIOD.—If a State develops a
striking ‘‘paragraphs (5)(D) and (6) of section traveled experienced in the metropolitan plan- human capital plan under subsection (a), the
104(b) of this title’’ and inserting ‘‘section ning area related to housing development and plan shall address a 5-year forecast period.
104(b)(6)’’. economic development; ‘‘(c) PLAN UPDATES.—If a State develops a
(d) HOUSING COORDINATION.—Section 134 of ‘‘(ff) increase share of households with suffi- human capital plan under subsection (a), the
title 23, United States Code, is amended— cient and affordable access to the transportation State shall update the plan not less frequently
(1) in subsection (a)(1), by inserting ‘‘better networks of the metropolitan planning area; than once every 5 years.
connect housing and employment,’’ after ‘‘ur- ‘‘(II) identify the location of existing and ‘‘(d) RELATIONSHIP TO LONG-RANGE PLAN.—
banized areas’’; planned housing and employment, and trans- ‘‘(1) IN GENERAL.—Subject to paragraph (2), a
(2) in subsection (g)(3)(A), by inserting ‘‘hous- portation options that connect housing and em- human capital plan developed by a State under
ing,’’ after ‘‘economic development,’’; ployment; and subsection (a) may be developed separately
(3) in subsection (h)(1)(E), by inserting ‘‘, from, or incorporated into, the long-range state-
‘‘(III) include a comparison of transportation
housing,’’ after ‘‘growth’’; wide transportation plan required under section
plans to land use management plans, including
(4) in subsection (i)— 135.
(A) in paragraph (4)(B)— zoning plans, that may affect road use, public
transportation ridership, and housing develop- ‘‘(2) EFFECT OF SECTION.—Nothing in this sec-
(i) by redesignating clauses (iii) through (vi)
ment.’’. tion requires a State, or authorizes the Secretary
as clauses (iv) through (vii), respectively; and
SEC. 11202. FISCAL CONSTRAINT ON LONG-RANGE to require a State, to incorporate a human cap-
(ii) by inserting after clause (ii) the following:
‘‘(iii) assumed distribution of population and TRANSPORTATION PLANS. ital plan into the long-range statewide transpor-
housing;’’; and Not later than 1 year after the date of enact- tation plan required under section 135.
(B) in paragraph (6)(A), by inserting ‘‘afford- ment of this Act, the Secretary shall amend sec- ‘‘(e) PUBLIC AVAILABILITY.—Each State that
able housing organizations,’’ after ‘‘disabled,’’; tion 450.324(f)(11)(v) of title 23, Code of Federal develops a human capital plan under subsection
and Regulations, to ensure that the outer years of a (a) shall make a copy of the plan available to
(5) in subsection (k)— metropolitan transportation plan are defined as the public in a user-friendly format on the
(A) by redesignating paragraphs (4) and (5) as ‘‘beyond the first 4 years’’. website of the State department of transpor-
paragraphs (5) and (6), respectively; and SEC. 11203. STATE HUMAN CAPITAL PLANS. tation.
(B) by inserting after paragraph (3) the fol- ‘‘(f) SAVINGS PROVISION.—Nothing in this sec-
(a) IN GENERAL.—Chapter 1 of title 23, United
lowing: tion prevents a State from carrying out trans-
States Code (as amended by section 11132(a)), is
‘‘(4) HOUSING COORDINATION PROCESS.— portation workforce planning—
amended by adding at the end the following:
‘‘(A) IN GENERAL.—Within a metropolitan ‘‘(1) not described in this section; or
planning area serving a transportation manage- ‘‘§ 174. State human capital plans ‘‘(2) not in accordance with this section.’’.
ment area, the transportation planning process ‘‘(a) IN GENERAL.—Not later than 18 months (b) CLERICAL AMENDMENT.—The analysis for
under this section may address the integration after the date of enactment of this section, the chapter 1 of title 23, United States Code (as
of housing, transportation, and economic devel- Secretary shall encourage each State to develop amended by section 11132(b)), is amended by in-
opment strategies through a process that pro- a voluntary plan, to be known as a ‘human cap- serting after the item relating to section 173 the
vides for effective integration, based on a coop- ital plan’, that provides for the immediate and following:
eratively developed and implemented strategy, long-term personnel and workforce needs of the ‘‘174. State human capital plans.’’.
of new and existing transportation facilities eli- State with respect to the capacity of the State to SEC. 11204.PRIORITIZATION PROCESS PILOT
gible for funding under this title and chapter 53 deliver transportation and public infrastructure PROGRAM.
of title 49. eligible under this title. (a) DEFINITIONS.—In this section:
‘‘(B) COORDINATION IN INTEGRATED PLANNING ‘‘(b) PLAN CONTENTS.— (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
PROCESS.—In carrying out the process described ‘‘(1) IN GENERAL.—A human capital plan de- ty’’ means any of the following:
in subparagraph (A), a metropolitan planning veloped by a State under subsection (a) shall, to (A) A metropolitan planning organization
organization may— the maximum extent practicable, take into con- that serves an area with a population of over
‘‘(i) consult with— sideration— 200,000.
‘‘(I) State and local entities responsible for ‘‘(A) significant transportation workforce (B) A State.
land use, economic development, housing, man- trends, needs, issues, and challenges with re- (2) METROPOLITAN PLANNING ORGANIZATION.—
agement of road networks, or public transpor- spect to the State; The term ‘‘metropolitan planning organization’’
tation; and ‘‘(B) the human capital policies, strategies, has the meaning given the term in section 134(b)
‘‘(II) other appropriate public or private enti- and performance measures that will guide the of title 23, United States Code.
ties; and transportation-related workforce investment de- (3) PRIORITIZATION PROCESS PILOT PRO-
‘‘(ii) coordinate, to the extent practicable, cisions of the State; GRAM.—The term ‘‘prioritization process pilot
with applicable State and local entities to align ‘‘(C) coordination with educational institu- program’’ means the pilot program established
the goals of the process with the goals of any tions, industry, organized labor, workforce under subsection (b)(1).
comprehensive housing affordability strategies boards, and other agencies or organizations to (b) ESTABLISHMENT.—
established within the metropolitan planning address the human capital transportation needs (1) IN GENERAL.—The Secretary shall establish
area pursuant to section 105 of the Cranston- of the State; and solicit applications for a prioritization proc-
Gonzalez National Affordable Housing Act (42 ‘‘(D) a workforce planning strategy that iden- ess pilot program.
U.S.C. 12705) and plans developed under section tifies current and future human capital needs, (2) PURPOSE.—The purpose of the
5A of the United States Housing Act of 1937 (42 including the knowledge, skills, and abilities prioritization process pilot program shall be to
U.S.C. 1437c–1). needed to recruit and retain skilled workers in support data-driven approaches to planning
‘‘(C) HOUSING COORDINATION PLAN.— the transportation industry; that, on completion, can be evaluated for public
‘‘(i) IN GENERAL.—A metropolitan planning or- ‘‘(E) a human capital management strategy benefit.
ganization serving a transportation manage- that is aligned with the transportation mission, (c) PILOT PROGRAM ADMINISTRATION.—
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ment area may develop a housing coordination goals, and organizational objectives of the State; (1) IN GENERAL.—An eligible entity partici-
plan that includes projects and strategies that ‘‘(F) an implementation system for workforce pating in the prioritization process pilot pro-
may be considered in the metropolitan transpor- goals focused on addressing continuity of lead- gram shall—
tation plan of the metropolitan planning organi- ership and knowledge sharing across the State; (A) use priority objectives that are devel-
zation. ‘‘(G) an implementation system that addresses oped—
‘‘(ii) CONTENTS.—A plan described in clause workforce competency gaps, particularly in mis- (i) in the case of an urbanized area with a
(i) may— sion-critical occupations; population of over 200,000, by the metropolitan
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September 27, 2021 CONGRESSIONAL RECORD — HOUSE H5207
planning organization that serves the area, in (cc) applicable transportation goals in the (iii) to support more accurate travel demand
consultation with the State; State; and forecasting by States and metropolitan planning
(ii) in the case of an urbanized area with a (dd) the priority objectives developed under organizations; and
population of 200,000 or fewer, by the State in paragraph (1)(A); (iv) to enhance the capacity of States and
consultation with all metropolitan planning or- (II) evaluate the outcomes for each proposed metropolitan planning organizations—
ganizations in the State; and project on the basis of the benefits of the pro- (I) to forecast travel demand; and
(iii) through a public process that provides an posed project with respect to each of the criteria (II) to track observed travel behavior re-
opportunity for public input; described in subclause (I) relative to the cost of sponses, including induced travel, to changes in
(B) assess and score projects and strategies on the proposed project; and transportation capacity, pricing, and land use
the basis of— (III) use the evaluation under subclause (II) patterns.
(i) the contribution and benefits of the project to create a ranked list of proposed projects; and (2) SECRETARIAL SUPPORT.—The Secretary
or strategy to each priority objective developed (ii) with respect to the statewide transpor- shall seek opportunities to support the transpor-
under subparagraph (A); tation improvement program under section tation planning processes under sections 134
(ii) the cost of the project or strategy relative 135(g) of title 23, United States Code, and sec- and 135 of title 23, United States Code, through
to the contribution and benefits assessed and tion 5304(g) of title 49, United States Code, in- the provision of data to States and metropolitan
scored under clause (i); and clude projects according to the rank of the planning organizations to improve the quality of
(iii) public support; project under clause (i)(III), except as provided plans, models, and forecasts described in this
(C) use the scores assigned under subpara- in subparagraph (D). subsection.
graph (B) to guide project selection in the devel- (C) ADDITIONAL TRANSPORTATION PLANNING.— (3) EVALUATION TOOL.—The Secretary shall
opment of the transportation plan and transpor- If the eligible entity has implemented, and has develop a publicly available multimodal web-
tation improvement program; and in effect, the requirements under subparagraph based tool for the purpose of enabling States
(D) ensure that the public— (A) or (B), as applicable, the eligible entity may and metropolitan planning organizations to
(i) has opportunities to provide public com- use any remaining funds from a grant provided evaluate the effect of investments in highway
ment on projects before decisions are made on under the pilot program for any transportation and public transportation projects on the use
the transportation plan and the transportation planning purpose. and conditions of all transportation assets with-
improvement program; and (D) EXCEPTIONS TO PRIORITY RANKING.—In the in the State or area served by the metropolitan
(ii) has access to clear reasons why each case of any project that the eligible entity planning organization, as applicable.
chooses to include or not include in the trans- SEC. 11206. INCREASING SAFE AND ACCESSIBLE
project or strategy was selected or not selected.
portation improvement program under section TRANSPORTATION OPTIONS.
(2) REQUIREMENTS.—An eligible entity that re-
134(j) of title 23, United States Code, or the (a) DEFINITION OF COMPLETE STREETS STAND-
ceives a grant under the prioritization process
statewide transportation improvement program ARDS OR POLICIES.—In this section, the term
pilot program shall use the funds as described in
under section 135(g) of title 23, United States ‘‘Complete Streets standards or policies’’ means
each of the following, as applicable:
Code, as applicable, in a manner that is con- standards or policies that ensure the safe and
(A) METROPOLITAN TRANSPORTATION PLAN-
trary to the priority ranking for that project es- adequate accommodation of all users of the
NING.—In the case of a metropolitan planning
tablished under subparagraph (A)(i)(III) or transportation system, including pedestrians,
organization that serves an area with a popu-
(B)(i)(III), the eligible entity shall make publicly bicyclists, public transportation users, children,
lation of over 200,000, the entity shall—
available an explanation for the decision, in- older individuals, individuals with disabilities,
(i) develop and implement a publicly acces-
cluding— motorists, and freight vehicles.
sible, transparent prioritization process for the (b) FUNDING REQUIREMENT.—Notwithstanding
selection of projects for inclusion on the trans- (i) a review of public comments regarding the
any other provision of law, each State and met-
portation plan for the metropolitan planning project;
(ii) an evaluation of public support for the ropolitan planning organization shall use to
area under section 134(i) of title 23, United carry out 1 or more activities described in sub-
States Code, and section 5303(i) of title 49, project;
(iii) an assessment of geographic balance of section (c)—
United States Code, which shall— (1) in the case of a State, not less than 2.5 per-
(I) include criteria identified by the metropoli- projects of the eligible entity; and
(iv) the number of projects of the eligible enti- cent of the amounts made available to the State
tan planning organization, which may be to carry out section 505 of title 23, United States
weighted to reflect the priority objectives devel- ty in economically distressed areas.
(3) MAXIMUM AMOUNT.—The maximum Code; and
oped under paragraph (1)(A), that the metro- (2) in the case of a metropolitan planning or-
amount of a grant under the prioritization proc-
politan planning organization has determined ganization, not less than 2.5 percent of the
ess pilot program is $2,000,000.
support— amounts made available to the metropolitan
(d) APPLICATIONS.—To be eligible to partici-
(aa) factors described in section 134(h) of title planning organization under section 104(d) of
pate in the prioritization process pilot program,
23, United States Code, and section 5303(h) of title 23, United States Code.
an eligible entity shall submit to the Secretary
title 49, United States Code; (c) ACTIVITIES DESCRIBED.—An activity re-
an application at such time, in such manner,
(bb) targets for national performance meas- ferred to in subsection (b) is an activity to in-
and containing such information as the Sec-
ures under section 150(b) of title 23, United crease safe and accessible options for multiple
retary may require.
States Code; travel modes for people of all ages and abilities,
SEC. 11205. TRAVEL DEMAND DATA AND MOD-
(cc) applicable transportation goals in the which, if permissible under applicable State and
ELING.
metropolitan planning area or State set by the local laws, may include—
(a) DEFINITION OF METROPOLITAN PLANNING (1) adoption of Complete Streets standards or
applicable transportation agency; and
ORGANIZATION.—In this section, the term ‘‘met- policies;
(dd) priority objectives developed under para-
ropolitan planning organization’’ has the mean- (2) development of a Complete Streets
graph (1)(A);
(II) evaluate the outcomes for each proposed ing given the term in section 134(b) of title 23, prioritization plan that identifies a specific list
project on the basis of the benefits of the pro- United States Code. of Complete Streets projects to improve the safe-
(b) STUDY.— ty, mobility, or accessibility of a street;
posed project with respect to each of the criteria (1) IN GENERAL.—Not later than 2 years after
described in subclause (I) relative to the cost of (3) development of transportation plans—
the date of enactment of this Act, and not less (A) to create a network of active transpor-
the proposed project; and frequently than once every 5 years thereafter,
(III) use the evaluation under subclause (II) tation facilities, including sidewalks, bikeways,
the Secretary shall carry out a study that— or pedestrian and bicycle trails, to connect
to create a ranked list of proposed projects; and (A) gathers travel data and travel demand
(ii) with respect to the priority list under sec- neighborhoods with destinations such as work-
forecasts from a representative sample of States places, schools, residences, businesses, recre-
tion 134(j)(2)(A) of title 23 and section and metropolitan planning organizations; ation areas, healthcare and child care services,
5303(j)(2)(A) of title 49, United States Code, in- (B) uses the data and forecasts gathered or other community activity centers;
clude projects according to the rank of the under subparagraph (A) to compare travel de- (B) to integrate active transportation facilities
project under clause (i)(III), except as provided mand forecasts with the observed data, includ- with public transportation service or improve
in subparagraph (D). ing— access to public transportation;
(B) STATEWIDE TRANSPORTATION PLANNING.— (i) traffic counts; (C) to create multiuse active transportation
In the case of a State, the State shall— (ii) travel mode share and public transit rider- infrastructure facilities, including bikeways or
(i) develop and implement a publicly acces- ship; and pedestrian and bicycle trails, that make connec-
sible, transparent process for the selection of (iii) vehicle occupancy measures; and tions within or between communities;
projects for inclusion on the long-range state- (C) uses the information described in subpara- (D) to increase public transportation rider-
wide transportation plan under section 135(f) of graphs (A) and (B)— ship; and
title 23, United States Code, which shall— (i) to develop best practices or guidance for (E) to improve the safety of bicyclists and pe-
(I) include criteria identified by the State, States and metropolitan planning organizations destrians;
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which may be weighted to reflect statewide pri- to use in forecasting travel demand for future (4) regional and megaregional planning to ad-
orities, that the State has determined support— investments in transportation improvements; dress travel demand and capacity constraints
(aa) factors described in section 135(d) of title (ii) to evaluate the impact of transportation through alternatives to new highway capacity,
23, United States Code, and section 5304(d) of investments, including new roadway capacity, including through intercity passenger rail; and
title 49, United States Code; on travel behavior and travel demand, including (5) development of transportation plans and
(bb) national transportation goals under sec- public transportation ridership, induced high- policies that support transit-oriented develop-
tion 150(b) of title 23, United States Code; way travel, and congestion; ment.
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H5208 CONGRESSIONAL RECORD — HOUSE September 27, 2021
(d) FEDERAL SHARE.—The Federal share of (i) in subparagraph (B), by striking ‘‘and’’ at ‘‘(C) EXTENSION OF DEADLINE.—The head of
the cost of an activity carried out under this the end; the lead agency may extend the deadline under
section shall be 80 percent, unless the Secretary (ii) in subparagraph (C), by striking the pe- subparagraph (A) if—
determines that the interests of the Federal-aid riod at the end and inserting ‘‘; and’’; and ‘‘(i) Federal law prohibits the lead agency or
highway program would be best served by de- (iii) by adding at the end the following: another agency from issuing an approval or per-
creasing or eliminating the non-Federal share. ‘‘(D) to calculate annually the average time mit within the period described in that subpara-
(e) STATE FLEXIBILITY.—A State or metropoli- taken by the lead agency to complete all envi- graph;
tan planning organization, with the approval of ronmental documents for each project during ‘‘(ii) the project sponsor requests that the per-
the Secretary, may opt out of the requirements the previous fiscal year.’’; and mit or approval follow a different timeline; or
of this section if the State or metropolitan plan- (B) by adding at the end the following: ‘‘(iii) an extension would facilitate completion
ning organization demonstrates to the Sec- ‘‘(7) PROCESS IMPROVEMENTS FOR PROJECTS.— of the environmental review and authorization
retary, by not later than 30 days before the Sec- ‘‘(A) IN GENERAL.—The Secretary shall re- process of the major project.’’;
retary apportions funds for a fiscal year under view— (6) in subsection (g)(1)—
section 104, that the State or metropolitan plan- ‘‘(i) existing practices, procedures, rules, regu- (A) in subparagraph (B)—
ning organization— lations, and applicable laws to identify impedi- (i) in clause (ii)(IV), by striking ‘‘schedule for
(1) has Complete Streets standards and poli- ments to meeting the requirements applicable to and cost of’’ and inserting ‘‘time required by an
cies in place; and projects under this section; and agency to conduct an environmental review and
‘‘(ii) best practices, programmatic agreements, make decisions under applicable Federal law re-
(2) has developed an up-to-date Complete
and potential changes to internal departmental lating to a project (including the issuance or de-
Streets prioritization plan as described in sub-
procedures that would facilitate an efficient en- nial of a permit or license) and the cost of’’; and
section (c)(2).
vironmental review process for projects. (ii) by adding at the end the following:
Subtitle C—Project Delivery and Process ‘‘(B) CONSULTATION.—In conducting the re- ‘‘(iii) MAJOR PROJECT SCHEDULE.—To the max-
Improvement view under subparagraph (A), the Secretary imum extent practicable and consistent with ap-
SEC. 11301. CODIFICATION OF ONE FEDERAL DE- shall consult, as appropriate, with the heads of plicable Federal law, in the case of a major
CISION. other Federal agencies that participate in the project, the lead agency shall develop, in con-
(a) IN GENERAL.—Section 139 of title 23, environmental review process. currence with the project sponsor, a schedule
United States Code, is amended— ‘‘(C) REPORT.—Not later than 2 years after for the major project that is consistent with an
(1) in the section heading, by striking ‘‘deci- the date of enactment of the Surface Transpor- agency average of not more than 2 years for the
sionmaking’’ and inserting ‘‘decisionmaking tation Reauthorization Act of 2021, the Sec- completion of the environmental review process
and One Federal Decision’’; retary shall submit to the Committee on Envi- for major projects, as measured from, as applica-
(2) in subsection (a)— ronment and Public Works of the Senate and ble—
(A) by redesignating paragraphs (2) through the Committee on Transportation and Infra- ‘‘(I) the date of publication of a notice of in-
(8) as paragraphs (4), (5), (6), (8), (9), (10), and structure of the House of Representatives a re- tent to prepare an environmental impact state-
(11), respectively; port that includes— ment to the record of decision; or
(B) by inserting after paragraph (1) the fol- ‘‘(i) the results of the review under subpara- ‘‘(II) the date on which the head of the lead
lowing: graph (A); and agency determines that an environmental as-
‘‘(2) AUTHORIZATION.—The term ‘authoriza- ‘‘(ii) an analysis of whether additional fund- sessment is required to a finding of no signifi-
tion’ means any environmental license, permit, ing would help the Secretary meet the require- cant impact.’’;
approval, finding, or other administrative deci- ments applicable to projects under this sec- (B) by striking subparagraph (D) and insert-
sion related to the environmental review process tion.’’; ing the following:
that is required under Federal law to site, con- (5) in subsection (d)— ‘‘(D) MODIFICATION.—
struct, or reconstruct a project. (A) in paragraph (8)—
‘‘(i) IN GENERAL.—Except as provided in
‘‘(3) ENVIRONMENTAL DOCUMENT.—The term (i) in the paragraph heading, by striking
clause (ii), the lead agency may lengthen or
‘environmental document’ includes an environ- ‘‘NEPA’’ and inserting ‘‘ENVIRONMENTAL’’;
(ii) in subparagraph (A)— shorten a schedule established under subpara-
mental assessment, finding of no significant im- graph (B) for good cause.
pact, notice of intent, environmental impact (I) by inserting ‘‘and except as provided in
subparagraph (D)’’ after ‘‘paragraph (7)’’; ‘‘(ii) EXCEPTIONS.—
statement, or record of decision under the Na- ‘‘(I) MAJOR PROJECTS.—In the case of a major
(II) by striking ‘‘permits’’ and inserting ‘‘au-
tional Environmental Policy Act of 1969 (42 project, the lead agency may lengthen a sched-
thorizations’’; and
U.S.C. 4321 et seq.).’’; ule under clause (i) for a cooperating Federal
(III) by striking ‘‘single environment docu-
(C) in subparagraph (B) of paragraph (5) (as agency by not more than 1 year after the latest
ment’’ and inserting ‘‘single environmental doc-
so redesignated), by striking ‘‘process for and deadline established for the major project by the
ument for each kind of environmental docu-
completion of any environmental permit’’ and lead agency.
ment’’;
inserting ‘‘process and schedule, including a ‘‘(II) SHORTENED SCHEDULES.—The lead agen-
(iii) in subparagraph (B)(i)—
timetable for and completion of any environ- (I) by striking ‘‘an environmental document’’ cy may not shorten a schedule under clause (i)
mental permit’’; and and inserting ‘‘environmental documents’’; and if doing so would impair the ability of a cooper-
(D) by inserting after paragraph (6) (as so re- (II) by striking ‘‘permits issued’’ and inserting ating Federal agency to conduct necessary anal-
designated) the following: ‘‘authorizations’’; and yses or otherwise carry out relevant obligations
‘‘(7) MAJOR PROJECT.— (iv) by adding at the end the following: of the Federal agency for the project.’’;
‘‘(A) IN GENERAL.—The term ‘major project’ ‘‘(D) EXCEPTIONS.—The lead agency may (C) by redesignating subparagraph (E) as sub-
means a project for which— waive the application of subparagraph (A) with paragraph (F); and
‘‘(i) multiple permits, approvals, reviews, or respect to a project if— (D) by inserting after subparagraph (D) the
studies are required under a Federal law other ‘‘(i) the project sponsor requests that agencies following:
than the National Environmental Policy Act of issue separate environmental documents; ‘‘(E) FAILURE TO MEET DEADLINE.—If a co-
1969 (42 U.S.C. 4321 et seq.); ‘‘(ii) the obligations of a cooperating agency operating Federal agency fails to meet a dead-
‘‘(ii) the project sponsor has identified the or participating agency under the National En- line established under subparagraph (D)(ii)(I)—
reasonable availability of funds sufficient to vironmental Policy Act of 1969 (42 U.S.C. 4321 et ‘‘(i) the cooperating Federal agency shall sub-
complete the project; seq.) have already been satisfied with respect to mit to the Secretary a report that describes the
‘‘(iii) the project is not a covered project (as the project; or reasons why the deadline was not met; and
defined in section 41001 of the FAST Act (42 ‘‘(iii) the lead agency determines that reliance ‘‘(ii) the Secretary shall—
U.S.C. 4370m)); and on a single environmental document (as de- ‘‘(I) transmit to the Committee on Environ-
‘‘(iv)(I) the head of the lead agency has deter- scribed in subparagraph (A)) would not facili- ment and Public Works of the Senate and the
mined that an environmental impact statement tate timely completion of the environmental re- Committee on Transportation and Infrastruc-
is required; or view process for the project.’’; and ture of the House of Representatives a copy of
‘‘(II) the head of the lead agency has deter- (B) by adding at the end the following: the report under clause (i); and
mined that an environmental assessment is re- ‘‘(10) TIMELY AUTHORIZATIONS FOR MAJOR ‘‘(II) make the report under clause (i) publicly
quired, and the project sponsor requests that the PROJECTS.— available on the internet.’’;
project be treated as a major project. ‘‘(A) DEADLINE.—Except as provided in sub- (7) in subsection (n), by adding at the end the
‘‘(B) CLARIFICATION.—In this section, the term paragraph (C), all authorization decisions nec- following:
‘major project’ does not have the same meaning essary for the construction of a major project ‘‘(3) LENGTH OF ENVIRONMENTAL DOCUMENT.—
as the term ‘major project’ as described in sec- shall be completed by not later than 90 days ‘‘(A) IN GENERAL.—Notwithstanding any other
tion 106(h).’’; after the date of the issuance of a record of deci- provision of law and except as provided in sub-
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(3) in subsection (b)(1)— sion for the major project. paragraph (B), to the maximum extent prac-
(A) by inserting ‘‘, including major projects,’’ ‘‘(B) DETAIL.—The final environmental im- ticable, the text of the items described in para-
after ‘‘all projects’’; and pact statement for a major project shall include graphs (4) through (6) of section 1502.10(a) of
(B) by inserting ‘‘as requested by a project an adequate level of detail to inform decisions title 40, Code of Federal Regulations (or suc-
sponsor and’’ after ‘‘applied,’’; necessary for the role of the participating agen- cessor regulations), of an environmental impact
(4) in subsection (c)— cies and cooperating agencies in the environ- statement for a project shall be 200 pages or
(A) in paragraph (6)— mental review process. fewer.
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September 27, 2021 CONGRESSIONAL RECORD — HOUSE H5209
‘‘(B) EXEMPTION.—An environmental impact Regulations, to ensure that only a project de- ‘‘(B) METHODS DESCRIBED.—The contracting
statement for a project may exceed 200 pages, if scribed in that subsection with a lane closure methods referred to in subparagraph (A) shall
the lead agency establishes a new page limit for for 3 or more consecutive days shall be consid- include, at a minimum—
the environmental impact statement for that ered to be a significant project for purposes of ‘‘(i) project bundling;
project.’’; and that section. ‘‘(ii) bridge bundling;
(8) by adding at the end the following: (b) NON-INTERSTATE PROJECTS.—Notwith- ‘‘(iii) design-build contracting;
‘‘(p) ACCOUNTABILITY AND REPORTING FOR standing any other provision of law, a State ‘‘(iv) 2-phase contracting;
MAJOR PROJECTS.— shall not be required to develop or implement a ‘‘(v) long-term concession agreements; and
‘‘(1) IN GENERAL.—The Secretary shall estab- transportation management plan (as described ‘‘(vi) any method tested, or that could be test-
lish a performance accountability system to in section 630.1012 of title 23, Code of Federal ed, under an experimental program relating to
track each major project. Regulations (or successor regulations)) for a contracting methods carried out by the Sec-
‘‘(2) REQUIREMENTS.—The performance ac- retary.’’.
highway project not on the Interstate System if
countability system under paragraph (1) shall, (c) USE OF ALTERNATIVE CONTRACTING METH-
the project requires not more than 3 consecutive
for each major project, track, at a minimum— ODS.—In carrying out an alternative con-
‘‘(A) the environmental review process for the days of lane closures.
SEC. 11304. INTELLIGENT TRANSPORTATION SYS- tracting method under section 201(f) or 308(a)(4)
major project, including the project schedule; of title 23, United States Code, the Secretary
‘‘(B) whether the lead agency, cooperating TEMS.
(a) IN GENERAL.—The Secretary shall develop shall—
agencies, and participating agencies are meeting (1) in consultation with the applicable Federal
the schedule established for the environmental guidance for using existing flexibilities with re-
spect to the systems engineering analysis de- land management agencies, establish clear pro-
review process; and
scribed in part 940 of title 23, Code of Federal cedures that are—
‘‘(C) the time taken to complete the environ-
Regulations (or successor regulations). (A) applicable to the alternative contracting
mental review process.
‘‘(q) DEVELOPMENT OF CATEGORICAL EXCLU- (b) IMPLEMENTATION.—The Secretary shall en- method; and
SIONS.— sure that any guidance developed under sub- (B) to the maximum extent practicable, con-
‘‘(1) IN GENERAL.—Not later than 60 days after section (a)— sistent with the requirements applicable to Fed-
the date of enactment of this subsection, and (1) clearly identifies criteria for low-risk and eral procurement transactions;
every 4 years thereafter, the Secretary shall— exempt intelligent transportation systems (2) solicit input on the use of the alternative
‘‘(A) in consultation with the agencies de- projects, with a goal of minimizing unnecessary contracting method from the affected industry
scribed in paragraph (2), identify the categorical delay or paperwork burden; prior to using the method; and
exclusions described in section 771.117 of title 23, (2) is consistently implemented by the Depart- (3) analyze and prepare an evaluation of the
Code of Federal Regulations (or successor regu- ment nationwide; and use of the alternative contracting method.
lations), that would accelerate delivery of a (3) is disseminated to Federal-aid recipients. SEC. 11306. FLEXIBILITY FOR PROJECTS.
project if those categorical exclusions were (c) SAVINGS PROVISION.—Nothing in this sec- Section 1420 of the FAST Act (23 U.S.C. 101
available to those agencies; tion prevents the Secretary from amending part note; Public Law 114–94) is amended—
‘‘(B) collect existing documentation and sub- 940 of title 23, Code of Federal Regulations (or (1) in subsection (a), by striking ‘‘and on re-
stantiating information on the categorical exclu- successor regulations), to reduce State adminis- quest by a State, the Secretary may’’ in the mat-
sions described in subparagraph (A); and trative burdens. ter preceding paragraph (1) and all that follows
‘‘(C) provide to each agency described in SEC. 11305. ALTERNATIVE CONTRACTING METH- through the period at the end of paragraph (2)
paragraph (2)— ODS. and inserting the following: ‘‘, on request by a
‘‘(i) a list of the categorical exclusions identi- State, and if in the public interest (as deter-
(a) ALTERNATIVE CONTRACTING METHODS FOR
fied under subparagraph (A); and mined by the Secretary), the Secretary shall ex-
FEDERAL LAND MANAGEMENT AGENCIES AND
‘‘(ii) the documentation and substantiating ercise all existing flexibilities under—
TRIBAL GOVERNMENTS.—Section 201 of title 23,
information under subparagraph (B). ‘‘(1) the requirements of title 23, United States
‘‘(2) AGENCIES DESCRIBED.—The agencies re- United States Code, is amended by adding at the
end the following: Code; and
ferred to in paragraph (1) are— ‘‘(2) other requirements administered by the
‘‘(A) the Department of the Interior; ‘‘(f) ALTERNATIVE CONTRACTING METHODS.—
‘‘(B) the Department of the Army; ‘‘(1) IN GENERAL.—Notwithstanding any other Secretary, in whole or in part.’’; and
‘‘(C) the Department of Commerce; provision of law (including the Federal Acquisi- (2) in subsection (b)(2)(A), by inserting ‘‘(in-
‘‘(D) the Department of Agriculture; tion Regulation), a contracting method avail- cluding regulations)’’ after ‘‘environmental
‘‘(E) the Department of Energy; able to a State under this title may be used by law’’.
‘‘(F) the Department of Defense; and the Secretary, on behalf of— SEC. 11307. IMPROVED FEDERAL-STATE STEW-
‘‘(G) any other Federal agency that has par- ‘‘(A) a Federal land management agency, in ARDSHIP AND OVERSIGHT AGREE-
ticipated in an environmental review process for using any funds pursuant to section 203, 204, or MENTS.
a project, as determined by the Secretary. 308; (a) DEFINITION OF TEMPLATE.—In this section,
‘‘(3) ADOPTION OF CATEGORICAL EXCLUSIONS.— ‘‘(B) a Federal land management agency, in the term ‘‘template’’ means a template created
‘‘(A) IN GENERAL.—Not later than 1 year after using any funds pursuant to section 1535 of title by the Secretary for Federal-State stewardship
the date on which the Secretary provides a list 31 for any of the eligible uses described in sec- and oversight agreements that—
under paragraph (1)(C), an agency described in tions 203(a)(1) and 204(a)(1) and paragraphs (1) (1) includes all standard terms found in stew-
paragraph (2) shall publish a notice of proposed and (2) of section 308(a); or ardship and oversight agreements, including
rulemaking to propose any categorical exclu- ‘‘(C) a Tribal government, in using funds pur- any terms in an attachment to the agreement;
sions from the list applicable to the agency, sub- suant to section 202(b)(7)(D). (2) is developed in accordance with section 106
ject to the condition that the categorical exclu- ‘‘(2) METHODS DESCRIBED.—The contracting of title 23, United States Code, or any other ap-
sion identified under paragraph (1)(A) meets the methods referred to in paragraph (1) shall in- plicable authority; and
criteria for a categorical exclusion under section clude, at a minimum— (3) may be developed with consideration of
1508.1 of title 40, Code of Federal Regulations ‘‘(A) project bundling; relevant regulations, guidance, or policies.
(or successor regulations). ‘‘(B) bridge bundling; (b) REQUEST FOR COMMENT.—
‘‘(B) PUBLIC COMMENT.—In a notice of pro- ‘‘(C) design-build contracting; (1) IN GENERAL.—Not later than 60 days after
posed rulemaking under subparagraph (A), the ‘‘(D) 2-phase contracting; the date of enactment of this Act, the Secretary
applicable agency may solicit comments on ‘‘(E) long-term concession agreements; and shall publish in the Federal Register the tem-
whether any of the proposed new categorical ex- ‘‘(F) any method tested, or that could be test- plate and a notice requesting public comment on
clusions meet the criteria for a categorical exclu- ed, under an experimental program relating to ways to improve the template.
sion under section 1508.1 of title 40, Code of Fed- contracting methods carried out by the Sec- (2) COMMENT PERIOD.—The Secretary shall
eral Regulations (or successor regulations).’’. retary. provide a period of not less than 60 days for
(b) CLERICAL AMENDMENT.—The analysis for ‘‘(3) EFFECT.—Nothing in this subsection— public comment on the notice under paragraph
chapter 1 of title 23, United States Code, is ‘‘(A) affects the application of the Federal (1).
amended by striking the item relating to section share for the project carried out with a con- (3) CERTAIN ISSUES.—The notice under para-
139 and inserting the following: tracting method under this subsection; or graph (1) shall allow comment on any aspect of
‘‘139. Efficient environmental reviews for project ‘‘(B) modifies the point of obligation of Fed- the template and shall specifically request pub-
decisionmaking and One Federal eral salaries and expenses.’’. lic comment on—
Decision.’’. (b) COOPERATION WITH FEDERAL AND STATE (A) whether the template should be revised to
SEC. 11302. WORK ZONE PROCESS REVIEWS. AGENCIES AND FOREIGN COUNTRIES.—Section delete standard terms requiring approval by the
The Secretary shall amend section 630.1008(e) 308(a) of title 23, United States Code, is amended Secretary of the policies, procedures, processes,
of title 23, Code of Federal Regulations, to en- by adding at the end the following: or manuals of the States, or other State actions,
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sure that the work zone process review under ‘‘(4) ALTERNATIVE CONTRACTING METHODS.— if Federal law (including regulations) does not
that subsection is required not more frequently ‘‘(A) IN GENERAL.—Notwithstanding any other specifically require an approval;
than once every 5 years. provision of law (including the Federal Acquisi- (B) opportunities to modify the template to
SEC. 11303.TRANSPORTATION MANAGEMENT tion Regulation), in performing services under allow adjustments to the review schedules for
PLANS. paragraph (1), the Secretary may use any con- State practices or actions, including through
(a) IN GENERAL.—The Secretary shall amend tracting method available to a State under this risk-based approaches, program reviews, process
section 630.1010(c) of title 23, Code of Federal title. reviews, or other means; and
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H5210 CONGRESSIONAL RECORD — HOUSE September 27, 2021
(C) any other matters that the Secretary de- and land surveying, cartography, geographic head of the relevant agency provides to the
termines to be appropriate. information systems, global navigation satellite State written notice that includes an expla-
(c) NOTICE OF ACTION; UPDATES.— systems, photogrammetry, or other remote nation of the need for the extension.
(1) IN GENERAL.—Not later than 1 year after means. ‘‘(3) FAILURE TO ACT.—If the head of the rel-
the date of enactment of this Act, after consid- (b) CONSIDERATIONS.—In carrying out this evant agency fails to meet a deadline under
ering the comments received in response to the section, the Secretary shall ensure that accept- paragraph (1) or (2), as applicable, the head of
Federal Register notice under subsection (b), the ance or use of information described in sub- the relevant agency shall—
Secretary shall publish in the Federal Register a section (a) meets the data quality and oper- ‘‘(A) not later than 30 days after the date of
notice that— ational requirements of the Secretary. the missed deadline, submit to the State, the
(A) describes any proposed changes to be (c) PUBLIC COMMENT.—Before issuing any Committee on Environment and Public Works of
made, and any alternatives to such changes, to final guidance under subsection (a), the Sec- the Senate, and the Committee on Transpor-
the template; retary shall provide to the public— tation and Infrastructure of the House of Rep-
(B) addresses comments in response to which (1) notice of the proposed guidance; and resentatives a report that describes why the
changes were not made to the template; and (2) an opportunity to comment on the pro- deadline was missed; and
posed guidance. ‘‘(B) not later than 14 days after the date on
(C) prescribes a schedule and a plan to exe-
(d) SAVINGS CLAUSE.—Nothing in this sec- which a report is submitted under subparagraph
cute a process for implementing the changes re-
tion— (A), make publicly available, including on the
ferred to in subparagraph (A).
(1) requires the Secretary to accept or use in- internet, a copy of that report.’’.
(2) APPROVAL REQUIREMENTS.—In addressing (b) CLERICAL AMENDMENT.—The analysis for
comments under paragraph (1)(B), the Secretary formation that the Secretary determines does
chapter 3 of title 23, United States Code, is
shall include an explanation of the basis for re- not meet the guidance developed under this sec-
amended by adding at the end the following:
taining any requirement for approval of State tion; or
(2) changes the current statutory or regu- ‘‘331. Evaluation of projects within an oper-
policies, procedures, processes, or manuals, or
latory requirements of the Department. ational right-of-way.’’.
other State actions, if Federal law (including
SEC. 11310. PRELIMINARY ENGINEERING.
regulations) does not specifically require the ap- SEC. 11309. EVALUATION OF PROJECTS WITHIN
proval. AN OPERATIONAL RIGHT-OF-WAY. (a) IN GENERAL.—Section 102 of title 23,
(3) IMPLEMENTATION.— (a) IN GENERAL.—Chapter 3 of title 23, United United States Code, is amended—
(1) by striking subsection (b); and
(A) IN GENERAL.—Not later than 60 days after States Code, is amended by adding at the end (2) in subsection (a), in the second sentence,
the date on which the notice under paragraph the following: by striking ‘‘Nothing in this subsection’’ and in-
(1) is published, the Secretary shall make ‘‘§ 331. Evaluation of projects within an oper- serting the following:
changes to the template in accordance with— ational right-of-way ‘‘(b) SAVINGS PROVISION.—Nothing in this sec-
(i) the changes described in the notice under tion’’.
‘‘(a) DEFINITIONS.—
paragraph (1)(A); and (b) CONFORMING AMENDMENT.—Section 144(j)
‘‘(1) ELIGIBLE PROJECT OR ACTIVITY.—
(ii) the schedule and plan described in the no- of title 23, United States Code, is amended by
‘‘(A) IN GENERAL.—In this section, the term
tice under paragraph (1)(C). striking paragraph (6).
‘eligible project or activity’ means a project or
(B) UPDATES.—Not later than 1 year after the SEC. 11311. EFFICIENT IMPLEMENTATION OF
activity within an existing operational right-of-
date on which the revised template under sub- NEPA FOR FEDERAL LAND MANAGE-
way (as defined in section 771.117(c)(22) of title MENT PROJECTS.
paragraph (A) is published, the Secretary shall
23, Code of Federal Regulations (or successor
update existing agreements with States accord- Section 203 of title 23, United States Code, is
regulations))— amended by adding at the end the following:
ing to the template updated under subpara-
‘‘(i)(I) eligible for assistance under this title; ‘‘(e) EFFICIENT IMPLEMENTATION OF NEPA.—
graph (A).
or ‘‘(1) DEFINITIONS.—In this subsection:
(d) INCLUSION OF NON-STANDARD TERMS.— ‘‘(II) administered as if made available under
Nothing in this section precludes the inclusion ‘‘(A) ENVIRONMENTAL DOCUMENT.—The term
this title; ‘environmental document’ means an environ-
in a Federal-State stewardship and oversight ‘‘(ii) that is— mental impact statement, environmental assess-
agreement of non-standard terms to address a ‘‘(I) a preventive maintenance, preservation, ment, categorical exclusion, or other document
State-specific matter, including risk-based stew- or highway safety improvement project (as de- prepared under the National Environmental
ardship and Department oversight involvement fined in section 148(a)); or Policy Act of 1969 (42 U.S.C. 4321 et seq.).
in individual projects of division interest. ‘‘(II) a new turn lane that the State advises in ‘‘(B) PROJECT.—The term ‘project’ means a
(e) COMPLIANCE WITH NON-STATUTORY writing to the Secretary would assist public highway project, public transportation capital
TERMS.— safety; and project, or multimodal project that—
(1) IN GENERAL.—The Secretary shall not en- ‘‘(iii) that— ‘‘(i) receives funds under this title; and
force or otherwise require a State to comply with ‘‘(I) is classified as a categorical exclusion ‘‘(ii) is authorized under this section or sec-
approval requirements that are not required by under section 771.117 of title 23, Code of Federal tion 204.
Federal law (including regulations) in a Fed- Regulations (or successor regulations); or ‘‘(C) PROJECT SPONSOR.—The term ‘project
eral-State stewardship and oversight agreement. ‘‘(II) if the project or activity does not receive sponsor’ means the Federal land management
(2) APPROVAL AUTHORITY.—Notwithstanding assistance described in clause (i) would be con- agency that seeks or receives funds under this
any other provision of law, the Secretary shall sidered a categorical exclusion if the project or title for a project.
not assert approval authority over any matter in activity received assistance described in clause ‘‘(2) ENVIRONMENTAL REVIEW TO BE COM-
a Federal-State stewardship and oversight PLETED BY FEDERAL HIGHWAY ADMINISTRA-
(i).
agreement reserved to States. TION.—The Federal Highway Administration
‘‘(B) EXCLUSION.—The term ‘eligible project or
(f) FREQUENCY OF REVIEWS.—Section 106(g)(3) activity’ does not include a project to create a may prepare an environmental document pursu-
of title 23, United States Code, is amended— ant to the implementing procedures of the Fed-
new travel lane.
(1) by striking ‘‘annual’’; eral Highway Administration to comply with the
‘‘(2) PRELIMINARY EVALUATION.—The term
(2) by striking ‘‘The Secretary’’ and inserting requirements of the National Environmental
‘preliminary evaluation’, with respect to an ap-
the following: Policy Act of 1969 (42 U.S.C. 4321 et seq.) if—
plication described in subsection (b)(1), means
‘‘(A) IN GENERAL.—The Secretary’’; and ‘‘(A) requested by a project sponsor; and
an evaluation that is customary or practicable ‘‘(B) all areas of analysis required by the
(3) by adding at the end the following: for the relevant agency to complete within a 45-
‘‘(B) FREQUENCY.— project sponsor can be addressed.
day period for similar applications. ‘‘(3) FEDERAL LAND MANAGEMENT AGENCIES
‘‘(i) IN GENERAL.—Except as provided in ‘‘(3) RELEVANT AGENCY.—The term ‘relevant ADOPTION OF EXISTING ENVIRONMENTAL REVIEW
clauses (ii) and (iii), the Secretary shall carry agency’ means a Federal agency, other than the DOCUMENTS.—
out a review under subparagraph (A) not less Federal Highway Administration, with responsi- ‘‘(A) IN GENERAL.—To the maximum extent
frequently than once every 2 years. bility for review of an application from a State practicable, if the Federal Highway Administra-
‘‘(ii) CONSULTATION WITH STATE.—The Sec- for a permit, approval, or jurisdictional deter- tion prepares an environmental document pur-
retary, after consultation with a State, may mination for an eligible project or activity. suant to paragraph (2), that environmental doc-
make a determination to carry out a review ‘‘(b) ACTION REQUIRED.— ument shall address all areas of analysis re-
under subparagraph (A) for that State less fre- ‘‘(1) IN GENERAL.—Subject to paragraph (2), quired by a Federal land management agency.
quently than provided under clause (i). not later than 45 days after the date of receipt ‘‘(B) INDEPENDENT EVALUATION.—Notwith-
‘‘(iii) CAUSE.—If the Secretary determines that of an application by a State for a permit, ap- standing any other provision of law, a Federal
there is a specific reason to require a review proval, or jurisdictional determination for an el- land management agency shall not be required
more frequently than provided under clause (i) igible project or activity, the head of the rel- to conduct an independent evaluation to deter-
with respect to a State, the Secretary may carry evant agency shall— mine the adequacy of an environmental docu-
out a review more frequently than provided
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‘‘(A) make at least a preliminary evaluation of ment prepared by the Federal Highway Admin-
under that clause.’’. the application; and istration pursuant to paragraph (2).
SEC. 11308. GEOMATIC DATA. ‘‘(B) notify the State of the results of the pre- ‘‘(C) USE OF SAME DOCUMENT.—In authorizing
(a) IN GENERAL.—The Secretary shall develop liminary evaluation under subparagraph (A). or implementing a project, a Federal land man-
guidance for the acceptance and use of informa- ‘‘(2) EXTENSION.—The head of the relevant agement agency may use an environmental doc-
tion obtained from a non-Federal entity through agency may extend the review period under ument previously prepared by the Federal High-
geomatic techniques, including remote sensing paragraph (1) by not more than 30 days if the way Administration for a project addressing the
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September 27, 2021 CONGRESSIONAL RECORD — HOUSE H5211
same or substantially the same action to the ‘‘(b) REPORT ON NEPA DATA.— ‘‘(5) except as provided under paragraph (7),
same extent that the Federal land management ‘‘(1) IN GENERAL.—The Secretary shall carry have a term of not more than 5 years;’’;
agency could adopt or use a document pre- out a process to track, and annually submit to (B) in paragraph (6), by striking the period at
viously prepared by another Federal agency. the Committee on Environment and Public the end and inserting ‘‘; and’’; and
‘‘(4) APPLICATION BY FEDERAL LAND MANAGE- Works of the Senate and the Committee on (C) by adding at the end the following:
MENT AGENCIES OF CATEGORICAL EXCLUSIONS ES- Transportation and Infrastructure of the House ‘‘(7) for any State that has participated in a
TABLISHED BY FEDERAL HIGHWAY ADMINISTRA- of Representatives a report containing, the in- program under this section (or under a prede-
TION.—In carrying out requirements under the formation described in paragraph (3). cessor program) for at least 10 years, have a
National Environmental Policy Act of 1969 (42 ‘‘(2) TIME TO COMPLETE.—For purposes of term of 10 years.’’;
U.S.C. 4321 et seq.) for a project, the project paragraph (3), the NEPA process— (3) in subsection (g)(1)—
sponsor may use categorical exclusions des- ‘‘(A) for an environmental impact statement— (A) in subparagraph (B), by striking ‘‘and’’ at
ignated under that Act in the implementing reg- ‘‘(i) begins on the date on which the Notice of the end;
ulations of the Federal Highway Administra- Intent is published in the Federal Register; and (B) in subparagraph (C), by striking ‘‘an-
tion, subject to the conditions that— ‘‘(ii) ends on the date on which the Secretary nual’’;
‘‘(A) the project sponsor makes a determina- issues a record of decision, including, if nec- (C) by redesignating subparagraph (C) as sub-
tion, in consultation with the Federal Highway essary, a revised record of decision; and paragraph (D); and
Administration, that the categorical exclusion ‘‘(B) for an environmental assessment— (D) by inserting after subparagraph (B) the
applies to the project; ‘‘(i) begins on the date on which the Secretary following:
‘‘(B) the project satisfies the conditions for a makes a determination to prepare an environ- ‘‘(C) in the case of an agreement period of
categorical exclusion under the National Envi- mental assessment; and greater than 5 years pursuant to subsection
ronmental Policy Act of 1969 (42 U.S.C. 4321 et ‘‘(ii) ends on the date on which the Secretary (c)(7), conduct an audit covering the first 5
seq.); and issues a finding of no significant impact or de- years of the agreement period; and’’; and
‘‘(C) the use of the categorical exclusion does termines that preparation of an environmental (4) by adding at the end the following:
not otherwise conflict with the implementing impact statement is necessary. ‘‘(m) AGENCY DEEMED TO BE FEDERAL AGEN-
‘‘(3) INFORMATION DESCRIBED.—The informa- CY.—A State agency that is assigned a responsi-
regulations of the project sponsor, except any
tion referred to in paragraph (1) is, with respect bility under an agreement under this section
list of the project sponsor that designates cat-
to the Department of Transportation— shall be deemed to be an agency for the pur-
egorical exclusions.
‘‘(5) MITIGATION COMMITMENTS.—The Sec- ‘‘(A) the number of proposed actions for poses of section 2412 of title 28.’’.
retary shall assist the Federal land management which a categorical exclusion was issued during SEC. 11314. STATE ASSUMPTION OF RESPONSI-
the reporting period; BILITY FOR CATEGORICAL EXCLU-
agency with all design and mitigation commit- SIONS.
ments made jointly by the Secretary and the ‘‘(B) the number of proposed actions for
which a documented categorical exclusion was Section 326(c)(3) of title 23, United States
project sponsor in any environmental document
issued by the Department of Transportation Code, is amended—
prepared by the Secretary in accordance with
during the reporting period; (1) by striking subparagraph (A) and inserting
this subsection.’’.
‘‘(C) the number of proposed actions pending the following:
SEC. 11312. NATIONAL ENVIRONMENTAL POLICY ‘‘(A) except as provided under subparagraph
ACT OF 1969 REPORTING PROGRAM. on the date on which the report is submitted for
which the issuance of a documented categorical (C), shall have a term of not more than 3
(a) IN GENERAL.—Chapter 1 of title 23, United years;’’;
States Code, is amended by inserting after sec- exclusion by the Department of Transportation
is pending; (2) in subparagraph (B), by striking the period
tion 156 the following: at the end and inserting ‘‘; and’’; and
‘‘(D) the number of proposed actions for
‘‘§ 157. National Environmental Policy Act of which an environmental assessment was issued (3) by adding at the end the following:
1969 reporting program by the Department of Transportation during the ‘‘(C) shall have a term of 5 years, in the case
‘‘(a) DEFINITIONS.—In this section: reporting period; of a State that has assumed the responsibility
‘‘(1) CATEGORICAL EXCLUSION.—The term ‘cat- ‘‘(E) the length of time the Department of for categorical exclusions under this section for
egorical exclusion’ has the meaning given the Transportation took to complete each environ- not fewer than 10 years.’’.
term in section 771.117(c) of title 23, Code of mental assessment described in subparagraph SEC. 11315. EARLY UTILITY RELOCATION PRIOR
Federal Regulations (or a successor regulation). (D); TO TRANSPORTATION PROJECT EN-
‘‘(2) DOCUMENTED CATEGORICAL EXCLUSION.— VIRONMENTAL REVIEW.
‘‘(F) the number of proposed actions pending
The term ‘documented categorical exclusion’ has on the date on which the report is submitted for Section 123 of title 23, United States Code, is
the meaning given the term in section 771.117(d) which an environmental assessment is being amended to read as follows:
of title 23, Code of Federal Regulations (or a drafted by the Department of Transportation; ‘‘§ 123. Relocation of utility facilities
successor regulation). ‘‘(G) the number of proposed actions for ‘‘(a) DEFINITIONS.—In this section:
‘‘(3) ENVIRONMENTAL ASSESSMENT.—The term which an environmental impact statement was ‘‘(1) COST OF RELOCATION.—The term ‘cost of
‘environmental assessment’ has the meaning completed by the Department of Transportation relocation’ includes the entire amount paid by a
given the term in section 1508.1 of title 40, Code during the reporting period; utility properly attributable to the relocation of
of Federal Regulations (or a successor regula- ‘‘(H) the length of time that the Department a utility facility, minus any increase in the
tion). of Transportation took to complete each envi- value of the new facility and any salvage value
‘‘(4) ENVIRONMENTAL IMPACT STATEMENT.— ronmental impact statement described in sub- derived from the old facility.
The term ‘environmental impact statement’ paragraph (G); ‘‘(2) EARLY UTILITY RELOCATION PROJECT.—
means a detailed statement required under sec- ‘‘(I) the number of proposed actions pending The term ‘early utility relocation project’ means
tion 102(2)(C) of the National Environmental on the date on which the report is submitted for utility relocation activities identified by the
Policy Act of 1969 (42 U.S.C. 4332(2)(C)). which an environmental impact statement is State for performance before completion of the
‘‘(5) FEDERAL AGENCY.—The term ‘Federal being drafted; and environmental review process for the transpor-
agency’ includes a State that has assumed re- ‘‘(J) for the proposed actions reported under tation project.
sponsibility under section 327. subparagraphs (F) and (I), the percentage of ‘‘(3) ENVIRONMENTAL REVIEW PROCESS.—The
‘‘(6) NEPA PROCESS.—The term ‘NEPA proc- those proposed actions for which— term ‘environmental review process’ has the
ess’ means the entirety of the development and ‘‘(i) funding has been identified; and meaning given the term in section 139(a).
documentation of the analysis required under ‘‘(ii) all other Federal, State, and local activi- ‘‘(4) TRANSPORTATION PROJECT.—The term
the National Environmental Policy Act of 1969 ties that are required to allow the proposed ac- ‘transportation project’ means a project.
(42 U.S.C. 4321 et seq.), including the assessment tion to proceed are completed.’’. ‘‘(5) UTILITY FACILITY.—The term ‘utility fa-
and analysis of any impacts, alternatives, and (b) CLERICAL AMENDMENT.—The analysis for cility’ means any privately, publicly, or coop-
mitigation of a proposed action, and any inter- chapter 1 of title 23, United States Code, is eratively owned line, facility, or system for pro-
agency participation and public involvement re- amended by inserting after the item relating to ducing, transmitting, or distributing commu-
quired to be carried out before the Secretary un- section 156 the following: nications, power, electricity, light, heat, gas, oil,
dertakes a proposed action. ‘‘157. National Environmental Policy Act of 1969 crude products, water, steam, waste, stormwater
‘‘(7) PROPOSED ACTION.—The term ‘proposed reporting program.’’. not connected with highway drainage, or any
action’ means an action (within the meaning of SEC. 11313. SURFACE TRANSPORTATION PROJECT other similar commodity, including any fire or
the National Environmental Policy Act of 1969 DELIVERY PROGRAM WRITTEN police signal system or street lighting system,
(42 U.S.C. 4321 et seq.)) under this title that the AGREEMENTS. that directly or indirectly serves the public.
Secretary proposes to carry out. Section 327 of title 23, United States Code, is ‘‘(6) UTILITY RELOCATION ACTIVITY.—The term
‘‘(8) REPORTING PERIOD.—The term ‘reporting amended— ‘utility relocation activity’ means an activity
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period’ means the fiscal year prior to the fiscal (1) in subsection (a)(2)(G), by inserting ‘‘, in- necessary for the relocation of a utility facility,
year in which a report is issued under sub- cluding the payment of fees awarded under sec- including preliminary and final design, surveys,
section (b). tion 2412 of title 28’’ before the period at the real property acquisition, materials acquisition,
‘‘(9) SECRETARY.—The term ‘Secretary’ in- end; and construction.
cludes the governor or head of an applicable (2) in subsection (c)— ‘‘(b) REIMBURSEMENT TO STATES.—
State agency of a State that has assumed re- (A) by striking paragraph (5) and inserting ‘‘(1) IN GENERAL.—If a State pays for the cost
sponsibility under section 327. the following: of relocation of a utility facility necessitated by
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H5212 CONGRESSIONAL RECORD — HOUSE September 27, 2021
the construction of a transportation project, of other requirements that would otherwise (A) IN GENERAL.—The term ‘‘gathering line
Federal funds may be used to reimburse the apply to an early utility relocation project, in- and associated field compression or pumping
State for the cost of relocation in the same pro- cluding any applicable requirements under— unit’’ means—
portion as Federal funds are expended on the ‘‘(1) section 138; (i) a pipeline that is installed to transport oil,
transportation project. ‘‘(2) the Uniform Relocation Assistance and natural gas and related constituents, or pro-
‘‘(2) LIMITATION.—Federal funds shall not be Real Property Acquisition Policies Act of 1970 duced water from 1 or more wells drilled and
used to reimburse a State under this section if (42 U.S.C. 4601 et seq.), including regulations completed to produce oil or gas; and
the payment to the utility— under part 24 of title 49, Code of Federal Regu- (ii) if necessary, 1 or more compressors or
‘‘(A) violates the law of the State; or lations (or successor regulations); pumps to raise the pressure of the transported
‘‘(B) violates a legal contract between the util- ‘‘(3) title VI of the Civil Rights Act of 1964 (42 oil, natural gas and related constituents, or pro-
ity and the State. U.S.C. 2000d et seq.); or duced water to higher pressures necessary to en-
‘‘(3) REQUIREMENT.—A reimbursement under ‘‘(4) an environmental review process.’’. able the oil, natural gas and related constitu-
paragraph (1) shall be made only if the State SEC. 11316. STREAMLINING OF SECTION 4(F) RE- ents, or produced water to flow into pipelines
demonstrates to the satisfaction of the Secretary VIEWS. and other facilities.
that the State paid the cost of the utility reloca- Section 138(a) of title 23, United States Code, (B) INCLUSIONS.—The term ‘‘gathering line
tion activity from funds of the State with re- is amended— and associated field compression or pumping
spect to transportation projects for which Fed- (1) in the fourth sentence, by striking ‘‘In car- unit’’ includes a pipeline or associated compres-
eral funds are obligated subsequent to April 16, rying out’’ and inserting the following: sion or pumping unit that is installed to trans-
1958, for work, including utility relocation ac- ‘‘(4) STUDIES.—In carrying out’’; port oil or natural gas from a processing plant
tivities. (2) in the third sentence— to a common carrier pipeline or facility.
‘‘(4) REIMBURSEMENT ELIGIBILITY FOR EARLY (A) by striking ‘‘such land, and (2) such pro- (C) EXCLUSIONS.—The term ‘‘gathering line
RELOCATION PRIOR TO TRANSPORTATION PROJECT gram’’ and inserting the following: ‘‘the land; and associated field compression or pumping
ENVIRONMENTAL REVIEW PROCESS.— and unit’’ does not include a common carrier pipe-
‘‘(A) IN GENERAL.—In addition to the require- ‘‘(B) the program’’; line.
ments under paragraphs (1) through (3), a State (B) by striking ‘‘unless (1) there is’’ and in- (3) INDIAN LAND.—The term ‘‘Indian land’’
may carry out, at the expense of the State, an serting the following: ‘‘unless— means land the title to which is held by—
early utility relocation project for a transpor- ‘‘(A) there is’’; and (A) the United States in trust for an Indian
tation project before completion of the environ- (C) by striking ‘‘After the’’ and inserting the Tribe or an individual Indian; or
mental review process for the transportation following: (B) an Indian Tribe or an individual Indian
project. ‘‘(3) REQUIREMENT.—After the’’; subject to a restriction by the United States
‘‘(B) REQUIREMENTS FOR REIMBURSEMENT.— (3) in the second sentence— against alienation.
Funds apportioned to a State under this title (A) by striking ‘‘The Secretary of Transpor- (4) PRODUCED WATER.—The term ‘‘produced
may be used to pay the costs incurred by the tation’’ and inserting the following: water’’ means water produced from an oil or gas
State for an early utility relocation project only ‘‘(2) COOPERATION AND CONSULTATION.— well bore that is not a fluid prepared at, or
‘‘(A) IN GENERAL.—The Secretary’’; and transported to, the well site to resolve a specific
if the State demonstrates to the Secretary, and
(B) by adding at the end the following:
the Secretary finds that— oil or gas well bore or reservoir condition.
‘‘(B) TIMELINE FOR APPROVALS.—
‘‘(i) the early utility relocation project is nec- (5) SECRETARY.—The term ‘‘Secretary’’ means
‘‘(i) IN GENERAL.—The Secretary shall—
essary to accommodate a transportation project; the Secretary of the Interior.
‘‘(I) provide an evaluation under this section
‘‘(ii) the State provides adequate documenta- (b) CERTAIN GATHERING LINES.—
to the Secretaries described in subparagraph (1) IN GENERAL.—Subject to paragraph (2), the
tion to the Secretary of eligible costs incurred by
(A); and issuance of a sundry notice or right-of-way for
the State for the early utility relocation project;
‘‘(II) provide a period of 30 days for receipt of
‘‘(iii) before the commencement of the utility a gathering line and associated field compres-
comments.
relocation activities, an environmental review sion or pumping unit that is located on Federal
‘‘(ii) ASSUMED ACCEPTANCE.—If the Secretary
process was completed for the early utility relo- land or Indian land and that services any oil or
does not receive comments by 15 days after the
cation project that resulted in a finding that the gas well may be considered by the Secretary to
deadline under clause (i)(II), the Secretary shall
early utility relocation project— be an action that is categorically excluded (as
assume a lack of objection and proceed with the
‘‘(I) would not result in significant adverse defined in section 1508.1 of title 40, Code of Fed-
action.
environmental impacts; and eral Regulations (as in effect on the date of en-
‘‘(C) EFFECT.—Nothing in subparagraph (B)
‘‘(II) would comply with other applicable Fed- actment of this Act)) for purposes of the Na-
affects—
eral environmental requirements; tional Environmental Policy Act of 1969 (42
‘‘(i) the requirements under—
‘‘(iv) the early utility relocation project did U.S.C. 4321 et seq.) if the gathering line and as-
‘‘(I) subsections (b) through (f); or
not influence— ‘‘(II) the consultation process under section sociated field compression or pumping unit—
‘‘(I) the environmental review process for the (A) are within a field or unit for which an ap-
306108 of title 54; or
transportation project; ‘‘(ii) programmatic section 4(f) evaluations, as proved land use plan or an environmental docu-
‘‘(II) the decision relating to the need to con- described in regulations issued by the Sec- ment prepared pursuant to the National Envi-
struct the transportation project; or retary.’’; and ronmental Policy Act of 1969 (42 U.S.C. 4321 et
‘‘(III) the selection of the transportation (4) in the first sentence, by striking ‘‘It is de- seq.) analyzed transportation of oil, natural
project design or location; clared to be’’ and inserting the following: gas, or produced water from 1 or more oil or gas
‘‘(v) the early utility relocation project com- ‘‘(1) IN GENERAL.—It is’’. wells in the field or unit as a reasonably fore-
plies with all applicable provisions of law, in- seeable activity;
SEC. 11317. CATEGORICAL EXCLUSION FOR
cluding regulations issued pursuant to this title; PROJECTS OF LIMITED FEDERAL AS- (B) are located adjacent to or within—
‘‘(vi) the early utility relocation project fol- SISTANCE. (i) any existing disturbed area; or
lows applicable financial procedures and re- Section 1317(1) of MAP–21 (23 U.S.C. 109 note; (ii) an existing corridor for a right-of-way;
quirements, including documentation of eligible Public Law 112–141) is amended— and
costs and the requirements under section 109(l), (1) in subparagraph (A), by striking (C) would reduce—
but not including requirements applicable to au- ‘‘$5,000,000’’ and inserting ‘‘$6,000,000’’; and (i) in the case of a gathering line and associ-
thorization and obligation of Federal funds; (2) in subparagraph (B), by striking ated field compression or pumping unit trans-
‘‘(vii) the transportation project for which the ‘‘$30,000,000’’ and inserting ‘‘$35,000,000’’. porting methane, the total quantity of methane
early utility relocation project was necessitated SEC. 11318. CERTAIN GATHERING LINES LOCATED that would otherwise be vented, flared, or unin-
was included in the applicable transportation ON FEDERAL LAND AND INDIAN tentionally emitted from the field or unit; or
improvement program under section 134 or 135; LAND. (ii) in the case of a gathering line and associ-
‘‘(viii) before the cost incurred by a State is (a) DEFINITIONS.—In this section: ated field compression or pumping unit not
approved for Federal participation, environ- (1) FEDERAL LAND.— transporting methane, the vehicular traffic that
mental compliance pursuant to the National En- (A) IN GENERAL.—The term ‘‘Federal land’’ would otherwise service the field or unit.
vironmental Policy Act of 1969 (42 U.S.C. 4321 et means land the title to which is held by the (2) APPLICABILITY.—Paragraph (1) shall apply
seq.) has been completed for the transportation United States. to Indian land, or a portion of Indian land—
project for which the early utility relocation (B) EXCLUSIONS.—The term ‘‘Federal land’’ (A) to which the National Environmental Pol-
project was necessitated; and does not include— icy Act of 1969 (42 U.S.C. 4321 et seq.) applies;
‘‘(ix) the transportation project that neces- (i) a unit of the National Park System; and
sitated the utility relocation activity is approved (ii) a unit of the National Wildlife Refuge Sys- (B) for which the Indian Tribe with jurisdic-
for construction. tem; tion over the Indian land submits to the Sec-
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‘‘(C) SAVINGS PROVISION.—Nothing in this (iii) a component of the National Wilderness retary a written request that paragraph (1)
paragraph affects other eligibility requirements Preservation System; apply to that Indian land (or portion of Indian
or authorities for Federal participation in pay- (iv) a wilderness study area within the Na- land).
ment of costs incurred for utility relocation ac- tional Forest System; or (c) EFFECT ON OTHER LAW.—Nothing in this
tivities. (v) Indian land. section—
‘‘(c) APPLICABILITY OF OTHER PROVISIONS.— (2) GATHERING LINE AND ASSOCIATED FIELD (1) affects or alters any requirement—
Nothing in this section affects the applicability COMPRESSION OR PUMPING UNIT.— (A) relating to prior consent under—
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September 27, 2021 CONGRESSIONAL RECORD — HOUSE H5213
(i) section 2 of the Act of February 5, 1948 (62 (1) in subsection (a)— ‘‘(II) payment methods to ensure secure, con-
Stat. 18, chapter 45; 25 U.S.C. 324); or (A) by striking ‘‘Not later than 1 year after venient, fair, and equal access;
(ii) section 16(e) of the Act of June 18, 1934 (48 the date of enactment of the FAST Act, the Sec- ‘‘(ii) collaborative engagement with stake-
Stat. 987, chapter 576; 102 Stat. 2939; 114 Stat. retary shall’’ and inserting ‘‘The Secretary shall holders (including automobile manufacturers,
47; 25 U.S.C. 5123(e)) (commonly known as the periodically’’; and utilities, infrastructure providers, technology
‘‘Indian Reorganization Act’’); (B) by striking ‘‘to improve the mobility’’ and providers, electric charging, hydrogen, propane,
(B) under section 306108 of title 54, United inserting ‘‘to support changes in the transpor- and natural gas fuel providers, metropolitan
States Code; or tation sector that help achieve a reduction in planning organizations, States, Indian tribes,
(C) under any other Federal law (including greenhouse gas emissions and improve the mo- and units of local governments, fleet owners,
regulations) relating to Tribal consent for bility’’; fleet managers, fuel station owners and opera-
rights-of-way across Indian land; or (2) in subsection (b)(2), by inserting ‘‘pre- tors, labor organizations, infrastructure con-
(2) makes the National Environmental Policy viously designated by the Federal Highway Ad- struction and component parts suppliers, and
Act of 1969 (42 U.S.C. 4321 et seq.) applicable to ministration or’’ before ‘‘designated by’’; multi-State and regional entities)—
land to which that Act otherwise would not (3) by striking subsection (d) and inserting the ‘‘(I) to foster enhanced, coordinated, public-
apply. following: private or private investment in electric vehicle
SEC. 11319. ANNUAL REPORT. ‘‘(d) REDESIGNATION.— charging infrastructure, hydrogen fueling infra-
‘‘(1) INITIAL REDESIGNATION.—Not later than structure, propane fueling infrastructure, or
(a) DEFINITION OF COVERED PROJECT.—In this
180 days after the date of enactment of the Sur- natural gas fueling infrastructure;
section, the term ‘‘covered project’’ means a
face Transportation Reauthorization Act of ‘‘(II) to expand deployment of electric vehicle
project or activity carried out with funds pro-
2021, the Secretary shall update and redesignate charging infrastructure, hydrogen fueling infra-
vided by the Department, including a project
the corridors under subsection (a). structure, propane fueling infrastructure, or
carried out under title 23 or 49, United States
‘‘(2) SUBSEQUENT REDESIGNATION.—The Sec- natural gas fueling infrastructure;
Code—
retary shall establish a recurring process to reg- ‘‘(III) to protect personal privacy and ensure
(1) that is more than 5 years behind schedule;
ularly update and redesignate the corridors cybersecurity; and
or
under subsection (a).’’; ‘‘(IV) to ensure that a properly trained work-
(2) for which the total amount spent on the
(4) in subsection (e)— force is available to construct and install elec-
project or activity is not less than $1,000,000,000 (A) in paragraph (1), by striking ‘‘and’’ at the
more than the original cost estimate for the tric vehicle charging infrastructure, hydrogen
end; fueling infrastructure, propane fueling infra-
project or activity. (B) in paragraph (2)—
(b) REQUIREMENT.—Not later than 1 year after structure, or natural gas fueling infrastructure;
(i) by striking ‘‘establishes an aspirational
the date of enactment of this Act, and annually ‘‘(iii) the location of the station or fueling
goal of achieving’’ and inserting ‘‘describes ef-
thereafter, the Secretary shall submit to Con- site, such as consideration of—
forts, including through funds awarded through ‘‘(I) the availability of onsite amenities for ve-
gress a report on covered projects of the Depart- the grant program under subsection (f), that
ment, which shall include, for each covered hicle operators, such as restrooms or food facili-
will aid efforts to achieve’’; and ties;
project— (ii) by striking ‘‘by the end of fiscal year
(1) a brief description of the covered project, ‘‘(II) access in compliance with the Americans
2020.’’ and inserting ‘‘; and’’; and
including— with Disabilities Act of 1990 (42 U.S.C. 12101 et
(C) by adding at the end the following:
(A) the purpose of the covered project; ‘‘(3) summarizes best practices and provides seq.);
(B) each location in which the covered project ‘‘(III) height and fueling capacity require-
guidance, developed through consultation with
is carried out; ments for facilities that charge or refuel large
the Secretary of Energy, for project development
(C) the contract or award number of the cov- vehicles, such as semi-trailer trucks; and
of electric vehicle charging infrastructure, hy-
ered project, if applicable; ‘‘(IV) appropriate distribution to avoid redun-
drogen fueling infrastructure, propane fueling
(D) the year in which the covered project was dancy and fill charging or fueling gaps;
infrastructure and natural gas fueling infra-
initiated; ‘‘(iv) infrastructure installation that can be
structure at the State, Tribal, and local level to
(E) the Federal share of the total cost of the responsive to technology advancements, such as
allow for the predictable deployment of that in-
covered project; and accommodating autonomous vehicles, vehicle-to-
frastructure.’’; and
(F) each primary contractor, subcontractor, grid technology, and future charging methods;
(5) by adding at the end the following:
grant recipient, and subgrantee recipient of the ‘‘(f) GRANT PROGRAM.— and
covered project; ‘‘(1) DEFINITION OF PRIVATE ENTITY.—In this ‘‘(v) the long-term operation and maintenance
(2) an explanation of any change to the origi- subsection, the term ‘private entity’ means a of the electric vehicle charging infrastructure,
nal scope of the covered project, including by corporation, partnership, company, or nonprofit hydrogen fueling infrastructure, propane fuel-
the addition or narrowing of the initial require- organization. ing infrastructure, or natural gas fueling infra-
ments of the covered project; ‘‘(2) ESTABLISHMENT.—Not later than 1 year structure, to avoid stranded assets and protect
(3) the original expected date for completion of after the date of enactment of the Surface the investment of public funds in that infra-
the covered project; Transportation Reauthorization Act of 2021, the structure; and
(4) the current expected date for completion of Secretary shall establish a grant program to ‘‘(B) an assessment of the estimated emissions
the covered project; award grants to eligible entities to carry out the that will be reduced through the use of electric
(5) the original cost estimate for the covered activities described in paragraph (6). vehicle charging infrastructure, hydrogen fuel-
project, as adjusted to reflect increases in the ‘‘(3) ELIGIBLE ENTITIES.—An entity eligible to ing infrastructure, propane fueling infrastruc-
Consumer Price Index for All Urban Consumers, receive a grant under this subsection is— ture, or natural gas fueling infrastructure,
as published by the Bureau of Labor Statistics; ‘‘(A) a State or political subdivision of a State; which shall be conducted using the Alternative
(6) the current cost estimate for the covered ‘‘(B) a metropolitan planning organization; Fuel Life-Cycle Environmental and Economic
project, as adjusted to reflect increases in the ‘‘(C) a unit of local government; Transportation (AFLEET) tool developed by Ar-
Consumer Price Index for All Urban Consumers, ‘‘(D) a special purpose district or public au- gonne National Laboratory (or a successor tool).
as published by the Bureau of Labor Statistics; thority with a transportation function, includ- ‘‘(5) CONSIDERATIONS.—In selecting eligible
(7) an explanation for a delay in completion ing a port authority; entities to receive a grant under this subsection,
or an increase in the original cost estimate for ‘‘(E) an Indian tribe (as defined in section 4 of the Secretary shall—
the covered project, including, where applicable, the Indian Self-Determination and Education ‘‘(A) consider the extent to which the applica-
any impact of insufficient or delayed appropria- Assistance Act (25 U.S.C. 5304)); tion of the eligible entity would—
tions; and ‘‘(F) a territory of the United States; ‘‘(i) improve alternative fueling corridor net-
(8) the amount of and rationale for any ‘‘(G) an authority, agency, or instrumentality works by—
award, incentive fee, or other type of bonus, if of, or an entity owned by, 1 or more entities de- ‘‘(I) converting corridor-pending corridors to
any, awarded for the covered project. scribed in subparagraphs (A) through (F); or corridor-ready corridors; or
‘‘(H) a group of entities described in subpara- ‘‘(II) in the case of corridor-ready corridors,
Subtitle D—Climate Change graphs (A) through (G). providing redundancy—
SEC. 11401. GRANTS FOR CHARGING AND FUEL- ‘‘(4) APPLICATIONS.—To be eligible to receive a ‘‘(aa) to meet excess demand for charging or
ING INFRASTRUCTURE. grant under this subsection, an eligible entity fueling infrastructure; or
(a) PURPOSE.—The purpose of this section is shall submit to the Secretary an application at ‘‘(bb) to reduce congestion at existing charg-
to establish a grant program to strategically de- such time, in such manner, and containing such ing or fueling infrastructure in high-traffic lo-
ploy publicly accessible electric vehicle charging information as the Secretary shall require, in- cations;
infrastructure, hydrogen fueling infrastructure, cluding— ‘‘(ii) meet current or anticipated market de-
propane fueling infrastructure, and natural gas ‘‘(A) a description of how the eligible entity mands for charging or fueling infrastructure;
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fueling infrastructure along designated alter- has considered— ‘‘(iii) enable or accelerate the construction of
native fuel corridors or in certain other loca- ‘‘(i) public accessibility of charging or fueling charging or fueling infrastructure that would be
tions that will be accessible to all drivers of elec- infrastructure proposed to be funded with a unlikely to be completed without Federal assist-
tric vehicles, hydrogen vehicles, propane vehi- grant under this subsection, including— ance;
cles, and natural gas vehicles. ‘‘(I) charging or fueling connector types and ‘‘(iv) support a long-term competitive market
(b) GRANT PROGRAM.—Section 151 of title 23, publicly available information on real-time for electric vehicle charging infrastructure, hy-
United States Code, is amended— availability; and drogen fueling infrastructure, propane fueling
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H5214 CONGRESSIONAL RECORD — HOUSE September 27, 2021
infrastructure, or natural gas fueling infra- ‘‘(iii) LIMITATION.—Operating assistance fueling infrastructure, propane fueling infra-
structure that does not significantly impair ex- under this subparagraph may not exceed the structure, or natural gas fueling infrastructure
isting electric vehicle charging infrastructure, amount of a contract under subparagraph (A) to that is directly related to the charging or fueling
hydrogen fueling infrastructure, propane fuel- acquire and install publicly accessible electric of a vehicle, including any related construction
ing infrastructure, or natural gas fueling infra- vehicle charging infrastructure, hydrogen fuel- or reconstruction and the acquisition of real
structure providers; ing infrastructure, propane fueling infrastruc- property directly related to the project, such as
‘‘(v) provide access to electric vehicle charging ture, or natural gas fueling infrastructure. locations described in subparagraph (E), to ex-
infrastructure, hydrogen fueling infrastructure, ‘‘(D) TRAFFIC CONTROL DEVICES.— pand access to electric vehicle charging infra-
propane fueling infrastructure, or natural gas ‘‘(i) IN GENERAL.—Subject to this paragraph, structure, hydrogen fueling infrastructure, pro-
fueling infrastructure in areas with a current or an eligible entity that receives a grant under pane fueling infrastructure, or natural gas fuel-
forecasted need; and this subsection may use a portion of the funds ing infrastructure.
‘‘(vi) deploy electric vehicle charging infra- to acquire and install traffic control devices lo- ‘‘(E) PROJECT LOCATIONS.—A project receiving
structure, hydrogen fueling infrastructure, pro- cated in the right-of-way to provide directional a grant under this paragraph may be located on
pane fueling infrastructure, or natural gas fuel- information to publicly accessible electric vehi- any public road or in other publicly accessible
ing infrastructure for medium- and heavy-duty cle charging infrastructure, hydrogen fueling locations, such as parking facilities at public
vehicles (including along the National Highway infrastructure, propane fueling infrastructure, buildings, public schools, and public parks, or in
Freight Network established under section or natural gas fueling infrastructure acquired, publicly accessible parking facilities owned or
167(c)) and in proximity to intermodal transfer installed, or operated with the grant. managed by a private entity.
stations; ‘‘(ii) APPLICABILITY.—Clause (i) shall apply ‘‘(F) PRIORITY.—In providing grants under
‘‘(B) ensure, to the maximum extent prac- only to an eligible entity that— this paragraph, the Secretary shall give priority
ticable, geographic diversity among grant recipi- ‘‘(I) receives a grant under this subsection; to projects that expand access to electric vehicle
ents to ensure that electric vehicle charging in- and charging infrastructure, hydrogen fueling infra-
frastructure, hydrogen fueling infrastructure, ‘‘(II) is using that grant for the acquisition structure, propane fueling infrastructure, or
propane fueling infrastructure, or natural gas and installation of publicly accessible electric natural gas fueling infrastructure within—
fueling infrastructure is available throughout vehicle charging infrastructure, hydrogen fuel- ‘‘(i) rural areas;
the United States; ing infrastructure, propane fueling infrastruc- ‘‘(ii) low- and moderate-income neighbor-
‘‘(C) consider whether the private entity that ture, or natural gas fueling infrastructure. hoods; and
the eligible entity contracts with under para- ‘‘(iii) LIMITATION ON AMOUNT.—The amount of ‘‘(iii) communities with a low ratio of private
graph (6)— funds used to acquire and install traffic control parking spaces to households or a high ratio of
‘‘(i) submits to the Secretary the most recent devices under clause (i) may not exceed the multiunit dwellings to single family homes, as
year of audited financial statements; and amount of a contract under subparagraph (A) to determined by the Secretary.
‘‘(ii) has experience in installing and oper- acquire and install publicly accessible charging ‘‘(G) ADDITIONAL CONSIDERATIONS.—In pro-
ating electric vehicle charging infrastructure, or fueling infrastructure. viding grants under this paragraph, the Sec-
hydrogen fueling infrastructure, propane fuel- ‘‘(iv) NO NEW AUTHORITY CREATED.—Nothing retary shall consider the extent to which the
ing infrastructure, or natural gas fueling infra- in this subparagraph authorizes an eligible enti- project—
structure; and ty that receives a grant under this subsection to ‘‘(i) contributes to geographic diversity among
‘‘(D) consider whether, to the maximum extent acquire and install traffic control devices if the eligible entities, including achieving a balance
practicable, the eligible entity and the private entity is not otherwise authorized to do so. between urban and rural communities; and
‘‘(ii) meets current or anticipated market de-
entity that the eligible entity contracts with ‘‘(E) REVENUE.—
mands for charging or fueling infrastructure,
under paragraph (6) enter into an agreement— ‘‘(i) IN GENERAL.—An eligible entity receiving
‘‘(i) to operate and maintain publicly avail- including faster charging speeds with high-pow-
a grant under this subsection and a private en-
able electric vehicle charging infrastructure, hy- ered capabilities necessary to minimize the time
tity referred to in subparagraph (A) may enter
drogen fueling infrastructure, propane fueling to charge or refuel current and anticipated vehi-
into a cost-sharing agreement under which the
infrastructure, or natural gas infrastructure; cles.
private entity submits to the eligible entity a
‘‘(H) PARTNERING WITH PRIVATE ENTITIES.—An
and portion of the revenue from the electric vehicle
‘‘(ii) that provides a remedy and an oppor- eligible entity that receives a grant under this
charging infrastructure, hydrogen fueling infra-
tunity to cure if the requirements described in paragraph may use the grant funds to contract
structure, propane fueling infrastructure, or
clause (i) are not met. with a private entity for the acquisition, con-
natural gas fueling infrastructure.
‘‘(6) USE OF FUNDS.— struction, installation, maintenance, or oper-
‘‘(ii) USES OF REVENUE.—An eligible entity
‘‘(A) IN GENERAL.—An eligible entity receiving ation of electric vehicle charging infrastructure,
that receives revenue from a cost-sharing agree-
a grant under this subsection shall only use the hydrogen fueling infrastructure, propane fuel-
ment under clause (i) may only use that revenue
funds in accordance with this paragraph to con- ing infrastructure, or natural gas fueling infra-
for a project that is eligible under this title.
tract with a private entity for acquisition and structure that is directly related to the charging
‘‘(7) CERTAIN FUELS.—The use of grants for
installation of publicly accessible electric vehicle or fueling of a vehicle.
propane fueling infrastructure under this sub-
charging infrastructure, hydrogen fueling infra- ‘‘(I) MAXIMUM GRANT AMOUNT.—The amount
section shall be limited to infrastructure for
structure, propane fueling infrastructure, or of a grant under this paragraph shall not be
medium- and heavy-duty vehicles.
natural gas fueling infrastructure that is di- more than $15,000,000.
‘‘(8) COMMUNITY GRANTS.— ‘‘(J) TECHNICAL ASSISTANCE.—Of the amounts
rectly related to the charging or fueling of a ve- ‘‘(A) IN GENERAL.—Notwithstanding para-
reserved under subparagraph (A), the Secretary
hicle. graphs (4), (5), and (6), the Secretary shall re-
may use not more than 1 percent to provide
‘‘(B) LOCATION OF INFRASTRUCTURE.—Any serve 50 percent of the amounts made available
technical assistance to eligible entities.
publicly accessible electric vehicle charging in- each fiscal year to carry out this section to pro- ‘‘(K) ADDITIONAL ACTIVITIES.—The recipient
frastructure, hydrogen fueling infrastructure, vide grants to eligible entities in accordance of a grant under this paragraph may use not
propane fueling infrastructure, or natural gas with this paragraph. more than 5 percent of the grant funds on edu-
fueling infrastructure acquired and installed ‘‘(B) APPLICATIONS.—To be eligible to receive cational and community engagement activities
with a grant under this subsection shall be lo- a grant under this paragraph, an eligible entity to develop and implement education programs
cated along an alternative fuel corridor des- shall submit to the Secretary an application at through partnerships with schools, community
ignated under this section, on the condition that such time, in such manner, and containing such organizations, and vehicle dealerships to sup-
any affected Indian tribes are consulted before information as the Secretary may require. port the use of zero-emission vehicles and asso-
the designation. ‘‘(C) ELIGIBLE ENTITIES.—An entity eligible to ciated infrastructure.
‘‘(C) OPERATING ASSISTANCE.— receive a grant under this paragraph is— ‘‘(9) REQUIREMENTS.—
‘‘(i) IN GENERAL.—Subject to clauses (ii) and ‘‘(i) an entity described in paragraph (3); and ‘‘(A) PROJECT TREATMENT.—Notwithstanding
(iii), an eligible entity that receives a grant ‘‘(ii) a State or local authority with ownership any other provision of law, any project funded
under this subsection may use a portion of the of publicly accessible transportation facilities. by a grant under this subsection shall be treated
funds to provide to a private entity operating ‘‘(D) ELIGIBLE PROJECTS.—The Secretary may as a project on a Federal-aid highway under
assistance for the first 5 years of operations provide a grant under this paragraph for a this chapter.
after the installation of publicly available elec- project that is expected to reduce greenhouse ‘‘(B) SIGNS.—Any traffic control device or on-
tric vehicle charging infrastructure, hydrogen gas emissions and to expand or fill gaps in ac- premises sign acquired, installed, or operated
fueling infrastructure, propane fueling infra- cess to publicly accessible electric vehicle charg- with a grant under this subsection shall comply
structure, or natural gas fueling infrastructure ing infrastructure, hydrogen fueling infrastruc- with—
while the facility transitions to independent sys- ture, propane fueling infrastructure, or natural ‘‘(i) the Manual on Uniform Traffic Control
tem operations. gas fueling infrastructure, including— Devices, if located in the right-of-way; and
ctelli on DSK11ZRN23PROD with HOUSE
‘‘(ii) INCLUSIONS.—Operating assistance under ‘‘(i) development phase activities, including ‘‘(ii) other provisions of Federal, State, and
this subparagraph shall be limited to costs allo- planning, feasibility analysis, revenue fore- local law, as applicable.
cable to operating and maintaining the electric casting, environmental review, preliminary engi- ‘‘(10) FEDERAL SHARE.—
vehicle charging infrastructure, hydrogen fuel- neering and design work, and other ‘‘(A) IN GENERAL.—The Federal share of the
ing infrastructure, propane fueling infrastruc- preconstruction activities; and cost of a project carried out with a grant under
ture, or natural gas fueling infrastructure and ‘‘(ii) the acquisition and installation of elec- this subsection shall not exceed 80 percent of the
service. tric vehicle charging infrastructure, hydrogen total project cost.
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September 27, 2021 CONGRESSIONAL RECORD — HOUSE H5215
‘‘(B) RESPONSIBILITY OF PRIVATE ENTITY.—As SEC. 11403. CARBON REDUCTION PROGRAM. ‘‘(2) FLEXIBILITY.—In addition to the eligible
a condition of contracting with an eligible enti- (a) IN GENERAL.—Chapter 1 of title 23, United projects under paragraph (1), a State may use
ty under paragraph (6) or (8), a private entity States Code (as amended by section 11203(a)), is funds apportioned under section 104(b)(7) for a
shall agree to pay the share of the cost of a amended by adding at the end the following: project eligible under section 133(b) if the Sec-
project carried out with a grant under this sub- ‘‘§ 175. Carbon reduction program retary certifies that the State has demonstrated
section that is not paid by the Federal Govern- a reduction in transportation emissions—
‘‘(a) DEFINITIONS.—In this section:
ment under subparagraph (A). ‘‘(A) as estimated on a per capita basis; and
‘‘(1) METROPOLITAN PLANNING ORGANIZATION; ‘‘(B) as estimated on a per unit of economic
‘‘(11) REPORT.—Not later than 3 years after
URBANIZED AREA.—The terms ‘metropolitan
the date of enactment of this subsection, the output basis.
planning organization’ and ‘urbanized area’ ‘‘(d) CARBON REDUCTION STRATEGY.—
Secretary shall submit to the Committee on En-
have the meaning given those terms in section ‘‘(1) IN GENERAL.—Not later than 2 years after
vironment and Public Works of the Senate and
134(b). the date of enactment of the Surface Transpor-
the Committee on Transportation and Infra-
‘‘(2) TRANSPORTATION EMISSIONS.—The term tation Reauthorization Act of 2021, a State, in
structure of the House of Representatives and
‘transportation emissions’ means carbon dioxide consultation with any metropolitan planning
make publicly available a report on the progress
emissions from on-road highway sources of organization designated within the State, shall
and implementation of this subsection.’’.
those emissions within a State. develop a carbon reduction strategy in accord-
SEC. 11402. REDUCTION OF TRUCK EMISSIONS AT
PORT FACILITIES.
‘‘(3) TRANSPORTATION MANAGEMENT AREA.— ance with this subsection.
(a) ESTABLISHMENT OF PROGRAM.— The term ‘transportation management area’ ‘‘(2) REQUIREMENTS.—The carbon reduction
(1) IN GENERAL.—The Secretary shall establish means a transportation management area iden- strategy of a State developed under paragraph
a program to reduce idling at port facilities, tified or designated by the Secretary under sec- (1) shall—
under which the Secretary shall— tion 134(k)(1). ‘‘(A) support efforts to reduce transportation
(A) study how ports and intermodal port ‘‘(b) ESTABLISHMENT.—The Secretary shall es- emissions;
transfer facilities would benefit from increased tablish a carbon reduction program to reduce ‘‘(B) identify projects and strategies to reduce
opportunities to reduce emissions at ports, in- transportation emissions. transportation emissions, which may include
cluding through the electrification of port oper- ‘‘(c) ELIGIBLE PROJECTS.— projects and strategies for safe, reliable, and
ations; ‘‘(1) IN GENERAL.—Subject to paragraph (2), cost-effective options—
(B) study emerging technologies and strategies funds apportioned to a State under section ‘‘(i) to reduce traffic congestion by facilitating
that may help reduce port-related emissions 104(b)(7) may be obligated for projects to support the use of alternatives to single-occupant vehi-
from idling trucks; and the reduction of transportation emissions, in- cle trips, including public transportation facili-
(C) coordinate and provide funding to test, cluding— ties, pedestrian facilities, bicycle facilities, and
evaluate, and deploy projects that reduce port- ‘‘(A) a project described in section 149(b)(4) to shared or pooled vehicle trips within the State
related emissions from idling trucks, including establish or operate a traffic monitoring, man- or an area served by the applicable metropolitan
through the advancement of port electrification agement, and control facility or program, in- planning organization, if any;
and improvements in efficiency, focusing on cluding advanced truck stop electrification sys- ‘‘(ii) to facilitate the use of vehicles or modes
port operations, including heavy-duty commer- tems; of travel that result in lower transportation
cial vehicles, and other related projects. ‘‘(B) a public transportation project that is el- emissions per person-mile traveled as compared
(2) CONSULTATION.—In carrying out the pro- igible for assistance under section 142; to existing vehicles and modes; and
gram under this subsection, the Secretary may ‘‘(C) a project described in section 101(a)(29) ‘‘(iii) to facilitate approaches to the construc-
consult with the Secretary of Energy and the (as in effect on the day before the date of enact- tion of transportation assets that result in lower
Administrator of the Environmental Protection ment of the FAST Act (Public Law 114–94; 129 transportation emissions as compared to existing
Agency. Stat. 1312)), including the construction, plan- approaches;
(b) GRANTS.— ning, and design of on-road and off-road trail ‘‘(C) support the reduction of transportation
(1) IN GENERAL.—In carrying out subsection facilities for pedestrians, bicyclists, and other emissions of the State;
(a)(1)(C), the Secretary shall award grants to nonmotorized forms of transportation; ‘‘(D) at the discretion of the State, quantify
fund projects that reduce emissions at ports, in- ‘‘(D) a project described in section 503(c)(4)(E) the total carbon emissions from the production,
cluding through the advancement of port elec- for advanced transportation and congestion transport, and use of materials used in the con-
trification. management technologies; struction of transportation facilities within the
(2) COST SHARE.—A grant awarded under ‘‘(E) a project for the deployment of infra- State; and
paragraph (1) shall not exceed 80 percent of the structure-based intelligent transportation sys- ‘‘(E) be appropriate to the population density
total cost of the project funded by the grant. tems capital improvements and the installation and context of the State, including any metro-
(3) COORDINATION.—In carrying out the grant of vehicle-to-infrastructure communications politan planning organization designated with-
program under this subsection, the Secretary equipment, including retrofitting dedicated in the State.
shall— short-range communications (DSRC) technology ‘‘(3) UPDATES.—The carbon reduction strategy
(A) to the maximum extent practicable, lever- deployed as part of an existing pilot program to of a State developed under paragraph (1) shall
age existing resources and programs of the De- cellular vehicle-to-everything (C–V2X) tech- be updated not less frequently than once every
partment and other relevant Federal agencies; nology; 4 years.
and ‘‘(4) REVIEW.—Not later than 90 days after the
‘‘(F) a project to replace street lighting and
(B) coordinate with other Federal agencies, as date on which a State submits a request for the
traffic control devices with energy-efficient al-
the Secretary determines to be appropriate. approval of a carbon reduction strategy devel-
ternatives;
(4) APPLICATION; SELECTION.— oped by the State under paragraph (1), the Sec-
‘‘(G) the development of a carbon reduction
(A) APPLICATION.—The Secretary shall solicit retary shall—
strategy in accordance with subsection (d);
applications for grants under paragraph (1) at ‘‘(A) review the process used to develop the
‘‘(H) a project or strategy that is designed to
such time, in such manner, and containing such carbon reduction strategy; and
support congestion pricing, shifting transpor-
information as the Secretary determines to be ‘‘(B)(i) certify that the carbon reduction strat-
tation demand to nonpeak hours or other trans-
necessary. egy meets the requirements of paragraph (2); or
(B) SELECTION.—The Secretary shall make portation modes, increasing vehicle occupancy ‘‘(ii) deny certification of the carbon reduc-
grants under paragraph (1) by not later than rates, or otherwise reducing demand for roads, tion strategy and specify the actions necessary
April 1 of each fiscal year for which funding is including electronic toll collection, and travel for the State to take to correct the deficiencies
made available. demand management strategies and programs; in the process of the State in developing the car-
(5) REQUIREMENT.—Notwithstanding any ‘‘(I) efforts to reduce the environmental and bon reduction strategy.
other provision of law, any project funded by a community impacts of freight movement; ‘‘(5) TECHNICAL ASSISTANCE.—At the request of
grant under this subsection shall be treated as a ‘‘(J) a project to support deployment of alter- a State, the Secretary shall provide technical as-
project on a Federal-aid highway under chapter native fuel vehicles, including— sistance in the development of the carbon reduc-
1 of title 23, United States Code. ‘‘(i) the acquisition, installation, or operation tion strategy under paragraph (1).
(c) REPORT.—Not later than 1 year after the of publicly accessible electric vehicle charging ‘‘(e) SUBALLOCATION.—
date on which all of the projects funded with a infrastructure or hydrogen, natural gas, or pro- ‘‘(1) IN GENERAL.—For each fiscal year, of the
grant under subsection (b) are completed, the pane vehicle fueling infrastructure; and funds apportioned to the State under section
Secretary shall submit to Congress a report that ‘‘(ii) the purchase or lease of zero-emission 104(b)(7)—
includes— construction equipment and vehicles, including ‘‘(A) 65 percent shall be obligated, in propor-
(1) the findings of the studies described in the acquisition, construction, or leasing of re- tion to their relative shares of the population of
subparagraphs (A) and (B) of subsection (a)(1); quired supporting facilities; the State—
(2) the results of the projects that received a ‘‘(K) a project described in section 149(b)(8) ‘‘(i) in urbanized areas of the State with an
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grant under subsection (b); for a diesel engine retrofit; urbanized area population of more than 200,000;
(3) any recommendations for workforce devel- ‘‘(L) a project described in section 149(b)(5) ‘‘(ii) in urbanized areas of the State with an
opment and training opportunities with respect that does not result in the construction of new urbanized population of not less than 50,000 and
to port electrification; and capacity; and not more than 200,000;
(4) any policy recommendations based on the ‘‘(M) a project that reduces transportation ‘‘(iii) in urban areas of the State with a popu-
findings and results described in paragraphs (1) emissions at port facilities, including through lation of not less than 5,000 and not more than
and (2). the advancement of port electrification. 49,999; and
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H5216 CONGRESSIONAL RECORD — HOUSE September 27, 2021
‘‘(iv) in other areas of the State with a popu- ‘‘(d) CONGESTION RELIEF PROGRAM.— ‘‘(A) IN GENERAL.—Notwithstanding sub-
lation of less than 5,000; and ‘‘(1) DEFINITIONS.—In this subsection: section (a)(1) and section 301 and subject to sub-
‘‘(B) the remainder may be obligated in any ‘‘(A) ELIGIBLE ENTITY.—The term ‘eligible en- paragraphs (B) and (C), the Secretary shall
area of the State. tity’ means any of the following: allow the use of tolls on the Interstate System as
‘‘(2) METROPOLITAN AREAS.—Funds attributed ‘‘(i) A State, for the purpose of carrying out a part of a project carried out with a grant under
to an urbanized area under paragraph (1)(A)(i) project in an urbanized area with a population the program.
may be obligated in the metropolitan area estab- of more than 1,000,000. ‘‘(B) REQUIREMENTS.—The Secretary may
lished under section 134 that encompasses the ‘‘(ii) A metropolitan planning organization, only approve the use of tolls under subpara-
urbanized area. city, or municipality, for the purpose of car- graph (A) if—
‘‘(3) DISTRIBUTION AMONG URBANIZED AREAS rying out a project in an urbanized area with a ‘‘(i) the eligible entity has authority under
OF OVER 50,000 POPULATION.— population of more than 1,000,000. State, and if applicable, local, law to assess the
‘‘(A) IN GENERAL.—Except as provided in sub- ‘‘(B) INTEGRATED CONGESTION MANAGEMENT applicable toll;
paragraph (B), the amounts that a State is re- SYSTEM.—The term ‘integrated congestion man- ‘‘(ii) the maximum toll rate for any vehicle
quired to obligate under clauses (i) and (ii) of agement system’ means a system for the integra- class is not greater than the product obtained by
paragraph (1)(A) shall be obligated in urbanized tion of management and operations of a re- multiplying—
areas described in those clauses based on the gional transportation system that includes, at a ‘‘(I) the toll rate for any other vehicle class;
relative population of the areas. minimum, traffic incident management, work and
‘‘(B) OTHER FACTORS.—The State may obligate zone management, traffic signal timing, man- ‘‘(II) 5;
the funds described in subparagraph (A) based aged lanes, real-time traveler information, and ‘‘(iii) the toll rates are not charged or varied
on other factors if— active traffic management, in order to maximize on the basis of State residency;
‘‘(i) the State and the relevant metropolitan ‘‘(iv) the Secretary determines that the use of
the capacity of all facilities and modes across
planning organizations jointly apply to the Sec- tolls will enable the eligible entity to achieve the
the applicable region.
retary for the permission to base the obligation ‘‘(C) PROGRAM.—The term ‘program’ means program goals under paragraph (3) without a
on other factors; and the congestion relief program established under significant impact to safety or mobility within
‘‘(ii) the Secretary grants the request. the urbanized area in which the project is lo-
‘‘(4) COORDINATION IN URBANIZED AREAS.—Be- paragraph (2).
‘‘(2) ESTABLISHMENT.—The Secretary shall es- cated; and
fore obligating funds for an eligible project
tablish a congestion relief program to provide ‘‘(v) the use of toll revenues complies with
under subsection (c) in an urbanized area that
discretionary grants to eligible entities to ad- subsection (a)(3).
is not a transportation management area, a ‘‘(C) LIMITATION.—The Secretary may not ap-
State shall coordinate with any metropolitan vance innovative, integrated, and multimodal
solutions to congestion relief in the most con- prove the use of tolls on the Interstate System
planning organization that represents the ur- under the program in more than 10 urbanized
banized area prior to determining which activi- gested metropolitan areas of the United States.
‘‘(3) PROGRAM GOALS.—The goals of the pro- areas.
ties should be carried out under the project. ‘‘(7) FINANCIAL EFFECTS ON LOW-INCOME DRIV-
‘‘(5) CONSULTATION IN RURAL AREAS.—Before gram are to reduce highway congestion, reduce
economic and environmental costs associated ERS.—A project under the program—
obligating funds for an eligible project under ‘‘(A) shall include, if appropriate, an analysis
subsection (c) in a rural area, a State shall con- with that congestion, including transportation
emissions, and optimize existing highway capac- of the potential effects of the project on low-in-
sult with any regional transportation planning come drivers; and
organization or metropolitan planning organi- ity and usage of highway and transit systems
through— ‘‘(B) may include mitigation measures to deal
zation that represents the rural area prior to de- with any potential adverse financial effects on
termining which activities should be carried out ‘‘(A) improving intermodal integration with
highways, highway operations, and highway low-income drivers.’’.
under the project. (b) HIGH OCCUPANCY VEHICLE USE OF CERTAIN
‘‘(6) OBLIGATION AUTHORITY.— performance;
‘‘(B) reducing or shifting highway users to TOLL FACILITIES.—Section 129(a) of title 23,
‘‘(A) IN GENERAL.—A State that is required to
off-peak travel times or to nonhighway travel United States Code, is amended—
obligate in an urbanized area with an urbanized
modes during peak travel times; and (1) by redesignating paragraph (10) as para-
area population of 50,000 or more under this
‘‘(C) pricing of, or based on, as applicable— graph (11); and
subsection funds apportioned to the State under
‘‘(i) parking; (2) by inserting after paragraph (9) the fol-
section 104(b)(7) shall make available during the
‘‘(ii) use of roadways, including in designated lowing:
period of fiscal years 2022 through 2026 an ‘‘(10) HIGH OCCUPANCY VEHICLE USE OF CER-
amount of obligation authority distributed to geographic zones; or
‘‘(iii) congestion. TAIN TOLL FACILITIES.—Notwithstanding section
the State for Federal-aid highways and high- 102(a), in the case of a toll facility that is on the
way safety construction programs for use in the ‘‘(4) ELIGIBLE PROJECTS.—Funds from a grant
under the program may be used for a project or Interstate System and that is constructed or
area that is equal to the amount obtained by converted after the date of enactment of the
multiplying— an integrated collection of projects, including
planning, design, implementation, and construc- Surface Transportation Reauthorization Act of
‘‘(i) the aggregate amount of funds that the
tion activities, to achieve the program goals 2021, the public authority with jurisdiction over
State is required to obligate in the area under
under paragraph (3), including— the toll facility shall allow high occupancy vehi-
this subsection during the period; and
‘‘(ii) the ratio that— ‘‘(A) deployment and operation of an inte- cles, transit, and paratransit vehicles to use the
‘‘(I) the aggregate amount of obligation au- grated congestion management system; facility at a discount rate or without charge,
thority distributed to the State for Federal-aid ‘‘(B) deployment and operation of a system unless the public authority, in consultation
highways and highway safety construction pro- that implements or enforces high occupancy ve- with the Secretary, determines that the number
grams during the period; bears to hicle toll lanes, cordon pricing, parking pricing, of those vehicles using the facility reduces the
‘‘(II) the total of the sums apportioned to the or congestion pricing; travel time reliability of the facility.’’.
State for Federal-aid highways and highway ‘‘(C) deployment and operation of mobility SEC. 11405. PROMOTING RESILIENT OPERATIONS
safety construction programs (excluding sums services, including establishing account-based FOR TRANSFORMATIVE, EFFICIENT,
not subject to an obligation limitation) during financial systems, commuter buses, commuter AND COST-SAVING TRANSPOR-
TATION (PROTECT) PROGRAM.
the period. vans, express operations, paratransit, and on-
‘‘(B) JOINT RESPONSIBILITY.—Each State, each demand microtransit; and (a) IN GENERAL.—Chapter 1 of title 23, United
affected metropolitan planning organization, ‘‘(D) incentive programs that encourage trav- States Code (as amended by section 11403(a)), is
and the Secretary shall jointly ensure compli- elers to carpool, use nonhighway travel modes amended by adding at the end the following:
ance with subparagraph (A). during peak period, or travel during nonpeak ‘‘§ 176. Promoting Resilient Operations for
‘‘(f) FEDERAL SHARE.—The Federal share of periods. Transformative, Efficient, and Cost-saving
the cost of a project carried out using funds ap- ‘‘(5) APPLICATION; SELECTION.— Transportation (PROTECT) program
portioned to a State under section 104(b)(7) shall ‘‘(A) APPLICATION.—To be eligible to receive a ‘‘(a) DEFINITIONS.—In this section:
be determined in accordance with section 120. grant under the program, an eligible entity shall ‘‘(1) EMERGENCY EVENT.—The term ‘emergency
‘‘(g) TREATMENT OF PROJECTS.—Notwith- submit to the Secretary an application at such event’ means a natural disaster or catastrophic
standing any other provision of law, a project time, in such manner, and containing such in- failure resulting in—
assisted under this section shall be treated as a formation as the Secretary may require. ‘‘(A) an emergency declared by the Governor
project on a Federal-aid highway under this ‘‘(B) PRIORITY.—In providing grants under of the State in which the disaster or failure oc-
chapter.’’. the program, the Secretary shall give priority to curred; or
(b) CLERICAL AMENDMENT.—The analysis for projects in urbanized areas that are experi- ‘‘(B) an emergency or disaster declared by the
chapter 1 of title 23, United States Code (as encing a high degree of recurrent congestion. President.
amended by section 11203(b)) is amended by in- ‘‘(C) FEDERAL SHARE.—The Federal share of ‘‘(2) EVACUATION ROUTE.—The term ‘evacu-
serting after the item relating to section 174 the
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the cost of a project carried out with a grant ation route’ means a transportation route or
following: under the program shall not exceed 80 percent of system that—
‘‘175. Carbon reduction program.’’. the total project cost. ‘‘(A) is owned, operated, or maintained by a
SEC. 11404. CONGESTION RELIEF PROGRAM. ‘‘(D) MINIMUM AWARD.—A grant provided Federal, State, Tribal, or local government;
(a) IN GENERAL.—Section 129 of title 23, under the program shall be not less than ‘‘(B) is used—
United States Code, is amended by adding at the $10,000,000. ‘‘(i) to transport the public away from emer-
end the following: ‘‘(6) USE OF TOLLING.— gency events; or
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September 27, 2021 CONGRESSIONAL RECORD — HOUSE H5217
‘‘(ii) to transport emergency responders and in part, within a base floodplain, the State ‘‘(F) LIMITATIONS.—A State—
recovery resources; and shall— ‘‘(i) may use not more than 40 percent of the
‘‘(C) is designated by the eligible entity with ‘‘(i) identify the base floodplain in which the amounts apportioned to the State under section
jurisdiction over the area in which the route is project is to be located and disclose that infor- 104(b)(8) for the construction of new capacity;
located for the purposes described in subpara- mation to the Secretary; and and
graph (B). ‘‘(ii) indicate to the Secretary whether the ‘‘(ii) may use not more than 10 percent of the
‘‘(3) PROGRAM.—The term ‘program’ means State plans to implement 1 or more components amounts apportioned to the State under section
the program established under subsection (b)(1). of the risk mitigation plan under section 322 of 104(b)(8) for activities described in subpara-
‘‘(4) RESILIENCE IMPROVEMENT.—The term ‘re- the Robert T. Stafford Disaster Relief and Emer- graph (E)(i)(I).
silience improvement’ means the use of materials gency Assistance Act (42 U.S.C. 5165) with re- ‘‘(d) COMPETITIVE AWARDS.—
or structural or nonstructural techniques, in- spect to the area. ‘‘(1) IN GENERAL.—In addition to funds appor-
cluding natural infrastructure— ‘‘(B) ELIGIBILITIES.—A State shall use funds tioned to States under section 104(b)(8) to carry
‘‘(A) that allow a project— apportioned to the State under section 104(b)(8) out activities under subsection (c), the Secretary
‘‘(i) to better anticipate, prepare for, and for— shall provide grants on a competitive basis
adapt to changing conditions and to withstand ‘‘(i) a highway project eligible for assistance under this subsection to eligible entities de-
and respond to disruptions; and under this title; scribed in paragraph (2).
‘‘(ii) to be better able to continue to serve the ‘‘(ii) a public transportation facility or service ‘‘(2) ELIGIBLE ENTITIES.—Except as provided
primary function of the project during and after eligible for assistance under chapter 53 of title in paragraph (4)(C), the Secretary may make a
weather events and natural disasters for the ex- 49; or grant under this subsection to any of the fol-
pected life of the project; or ‘‘(iii) a port facility, including a facility lowing:
‘‘(B) that— that— ‘‘(A) A State or political subdivision of a
‘‘(i) reduce the magnitude and duration of im- ‘‘(I) connects a port to other modes of trans- State.
pacts of current and future weather events and portation; ‘‘(B) A metropolitan planning organization.
natural disasters to a project; or ‘‘(II) improves the efficiency of evacuations ‘‘(C) A unit of local government.
‘‘(ii) have the absorptive capacity, adaptive and disaster relief; or ‘‘(D) A special purpose district or public au-
capacity, and recoverability to decrease project ‘‘(III) aids transportation. thority with a transportation function, includ-
vulnerability to current and future weather ‘‘(C) SYSTEM RESILIENCE.—A project carried ing a port authority.
events or natural disasters. out by a State with funds apportioned to the ‘‘(E) An Indian tribe (as defined in section
‘‘(b) ESTABLISHMENT.— State under section 104(b)(8) may include the 207(m)(1)).
‘‘(1) IN GENERAL.—The Secretary shall estab- use of natural infrastructure or the construction ‘‘(F) A Federal land management agency that
lish a program, to be known as the ‘Promoting or modification of storm surge, flood protection, applies jointly with a State or group of States.
Resilient Operations for Transformative, Effi- or aquatic ecosystem restoration elements that ‘‘(G) A multi-State or multijurisdictional
cient, and Cost-saving Transportation program’ are functionally connected to a transportation group of entities described in subparagraphs (A)
or the ‘PROTECT program’. improvement, such as— through (F).
‘‘(2) PURPOSE.—The purpose of the program is ‘‘(i) increasing marsh health and total area ‘‘(3) PLANNING GRANTS.—Using funds made
to provide grants for resilience improvements adjacent to a highway right-of-way to promote available under this subsection, the Secretary
through— additional flood storage; shall provide planning grants to eligible entities
‘‘(A) formula funding distributed to States to ‘‘(ii) upgrades to and installation of culverts for the purpose of—
designed to withstand 100-year flood events; ‘‘(A) in the case of a State or metropolitan
carry out subsection (c);
‘‘(B) competitive planning grants to enable ‘‘(iii) upgrades to and installation of tide planning organization, developing a resilience
communities to assess vulnerabilities to current gates to protect highways; improvement plan under subsection (e)(2);
‘‘(iv) upgrades to and installation of flood ‘‘(B) resilience planning, predesign, design, or
and future weather events and natural disasters
gates to protect tunnel entrances; and the development of data tools to simulate trans-
and changing conditions, including sea level
‘‘(v) improving functionality and resiliency of portation disruption scenarios, including vul-
rise, and plan transportation improvements and
stormwater controls, including inventory inspec- nerability assessments;
emergency response strategies to address those
‘‘(C) technical capacity building by the eligi-
vulnerabilities; and tions, upgrades to, and preservation of best
ble entity to facilitate the ability of the eligible
‘‘(C) competitive resilience improvement grants management practices to protect surface trans-
entity to assess the vulnerabilities of the surface
to protect— portation infrastructure.
‘‘(D) FEDERAL COST SHARE.— transportation assets and community response
‘‘(i) surface transportation assets by making
‘‘(i) IN GENERAL.—Except as provided in sub- strategies of the eligible entity under current
the assets more resilient to current and future
section (e)(1), the Federal share of the cost of a conditions and a range of potential future con-
weather events and natural disasters, such as
project carried out using funds apportioned to ditions; or
severe storms, flooding, drought, levee and dam ‘‘(D) evacuation planning and preparation.
failures, wildfire, rockslides, mudslides, sea level the State under section 104(b)(8) shall not ex-
‘‘(4) RESILIENCE GRANTS.—
rise, extreme weather, including extreme tem- ceed 80 percent of the total project cost. ‘‘(A) RESILIENCE IMPROVEMENT GRANTS.—
perature, and earthquakes; ‘‘(ii) NON-FEDERAL SHARE.—A State may use ‘‘(i) IN GENERAL.—Using funds made available
‘‘(ii) communities through resilience improve- Federal funds other than Federal funds appor- under this subsection, the Secretary shall pro-
ments and strategies that allow for the contin- tioned to the State under section 104(b)(8) to vide resilience improvement grants to eligible en-
ued operation or rapid recovery of surface meet the non-Federal cost share requirement for tities to carry out 1 or more eligible activities
transportation systems that— a project under this subsection. under clause (ii).
‘‘(I) serve critical local, regional, and national ‘‘(E) ELIGIBLE PROJECT COSTS.— ‘‘(ii) ELIGIBLE ACTIVITIES.—
needs, including evacuation routes; and ‘‘(i) IN GENERAL.—Except as provided in ‘‘(I) IN GENERAL.—An eligible entity may use
‘‘(II) provide access or service to hospitals and clause (ii), eligible project costs for activities a resilience improvement grant under this sub-
other medical or emergency service facilities, carried out by a State with funds apportioned to paragraph for 1 or more construction activities
major employers, critical manufacturing centers, the State under section 104(b)(8) may include to improve the ability of an existing surface
ports and intermodal facilities, utilities, and the costs of— transportation asset to withstand 1 or more ele-
Federal facilities; ‘‘(I) development phase activities, including ments of a weather event or natural disaster, or
‘‘(iii) coastal infrastructure, such as a tide planning, feasibility analysis, revenue fore- to increase the resilience of surface transpor-
gate to protect highways, that is at long-term casting, environmental review, preliminary engi- tation infrastructure from the impacts of chang-
risk to sea level rise; and neering and design work, and other ing conditions, such as sea level rise, flooding,
‘‘(iv) natural infrastructure that protects and preconstruction activities; and wildfires, extreme weather events, and other
enhances surface transportation assets while ‘‘(II) construction, reconstruction, rehabilita- natural disasters.
improving ecosystem conditions, including cul- tion, and acquisition of real property (including ‘‘(II) INCLUSIONS.—An activity eligible to be
verts that ensure adequate flows in rivers and land related to the project and improvements to carried out under this subparagraph includes—
estuarine systems. land), environmental mitigation, construction ‘‘(aa) resurfacing, restoration, rehabilitation,
‘‘(c) ELIGIBLE ACTIVITIES FOR APPORTIONED contingencies, acquisition of equipment directly reconstruction, replacement, improvement, or re-
FUNDING.— related to improving system performance, and alignment of an existing surface transportation
‘‘(1) IN GENERAL.—Except as provided in para- operational improvements. facility eligible for assistance under this title;
graph (2), funds apportioned to the State under ‘‘(ii) ELIGIBLE PLANNING COSTS.—In the case ‘‘(bb) the incorporation of natural infrastruc-
section 104(b)(8) shall be obligated for activities of a planning activity described in subsection ture;
eligible under subparagraph (A), (B), or (C) of (d)(3) that is carried out by a State with funds ‘‘(cc) the upgrade of an existing surface trans-
subsection (d)(4). apportioned to the State under section 104(b)(8), portation facility to meet or exceed a design
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‘‘(2) PLANNING SET-ASIDE.—Of the funds ap- eligible costs may include development phase ac- standard adopted by the Federal Highway Ad-
portioned to a State under section 104(b)(8) for tivities, including planning, feasibility analysis, ministration;
each fiscal year, not less than 2 percent shall be revenue forecasting, environmental review, pre- ‘‘(dd) the installation of mitigation measures
for activities described in subsection (d)(3). liminary engineering and design work, other that prevent the intrusion of floodwaters into
‘‘(3) REQUIREMENTS.— preconstruction activities, and other activities surface transportation systems;
‘‘(A) PROJECTS IN CERTAIN AREAS.—If a project consistent with carrying out the purposes of ‘‘(ee) strengthening systems that remove rain-
under this subsection is carried out, in whole or subsection (d)(3). water from surface transportation facilities;
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H5218 CONGRESSIONAL RECORD — HOUSE September 27, 2021
‘‘(ff) upgrades to and installation of struc- tifies the Secretary that existing evacuation ‘‘(I) that addresses the risks from a current or
tural stormwater controls; routes are not sufficient to adequately facilitate future weather event or natural disaster, in-
‘‘(gg) a resilience project that addresses iden- evacuations, including the transportation of cluding coastal flooding, coastal erosion, wave
tified vulnerabilities described in the resilience emergency responders and recovery resources; action, storm surge, or sea level change; and
improvement plan of the eligible entity, if appli- ‘‘(V) is for the acquisition of evacuation route ‘‘(II) that reduces long-term infrastructure
cable; or traffic incident management equipment or costs by avoiding larger future maintenance or
‘‘(hh) relocating roadways in a base flood- signage; or rebuilding costs.
plain to higher ground above projected flood ele- ‘‘(VI) will ensure access or service to critical ‘‘(v) COASTAL BENEFITS.—In addition to the
vation levels, or away from slide prone areas; destinations, including hospitals and other med- criteria under clause (iv), for the purpose of pro-
‘‘(ii) stabilizing slide areas or slopes; ical or emergency service facilities, major em- viding at-risk coastal infrastructure grants
‘‘(jj) installing riprap; ployers, critical manufacturing centers, ports under this subparagraph, the Secretary shall
‘‘(kk) lengthening or raising bridges to in- and intermodal facilities, utilities, and Federal evaluate the extent to which a project will pro-
crease waterway openings, including to respond facilities. vide—
to extreme weather; ‘‘(iii) PRIORITY.—The Secretary shall ‘‘(I) access to coastal homes, businesses, com-
‘‘(ll) increasing the size or number of drainage prioritize community resilience and evacuation munities, and other critical infrastructure, in-
structures; route grants under this subparagraph for eligi- cluding access by first responders and other
‘‘(mm) installing seismic retrofits on bridges; ble activities that are cost-effective, as deter- emergency personnel; or
‘‘(nn) adding scour protection at bridges; mined by the Secretary, taking into account— ‘‘(II) access to a designated evacuation route.
‘‘(oo) adding scour, stream stability, coastal, ‘‘(I) current and future vulnerabilities to an ‘‘(5) GRANT REQUIREMENTS.—
and other hydraulic countermeasures, including evacuation route due to future occurrence or re- ‘‘(A) SOLICITATIONS FOR GRANTS.—In pro-
spur dikes; currence of emergency events that are likely to viding grants under this subsection, the Sec-
‘‘(pp) vegetation management practices in occur in the geographic area in which the evac- retary shall conduct a transparent and competi-
transportation rights-of-way to improve road- uation route is located; and tive national solicitation process to select eligi-
way safety, prevent against invasive species, fa- ‘‘(II) projected changes in development pat- ble projects to receive grants under paragraph
cilitate wildfire control, and provide erosion terns, demographics, and extreme weather (3) and subparagraphs (A), (B), and (C) of
control; and events based on the best available evidence and paragraph (4).
‘‘(qq) any other protective features, including analysis. ‘‘(B) APPLICATIONS.—
natural infrastructure, as determined by the ‘‘(iv) CONSULTATION.—In providing grants for ‘‘(i) IN GENERAL.—To be eligible to receive a
Secretary. community resilience and evacuation routes grant under paragraph (3) or subparagraph (A),
‘‘(iii) PRIORITY.—The Secretary shall under this subparagraph, the Secretary may (B), or (C) of paragraph (4), an eligible entity
prioritize a resilience improvement grant to an consult with the Administrator of the Federal shall submit to the Secretary an application in
eligible entity if— Emergency Management Agency, who may pro- such form, at such time, and containing such
‘‘(I) the Secretary determines— vide technical assistance to the Secretary and to information as the Secretary determines to be
‘‘(aa) the benefits of the eligible activity pro- eligible entities. necessary.
posed to be carried out by the eligible entity ex- ‘‘(C) AT-RISK COASTAL INFRASTRUCTURE
‘‘(ii) PROJECTS IN CERTAIN AREAS.—If a project
ceed the costs of the activity; and GRANTS.—
is proposed to be carried out by the eligible enti-
‘‘(bb) there is a need to address the ‘‘(i) DEFINITION OF ELIGIBLE ENTITY.—In this ty, in whole or in part, within a base floodplain,
vulnerabilities of surface transportation assets subparagraph, the term ‘eligible entity’ means the eligible entity shall—
of the eligible entity with a high risk of, and im- any of the following: ‘‘(I) as part of the application, identify the
pacts associated with, failure due to the impacts ‘‘(I) A State (including the United States Vir- floodplain in which the project is to be located
of weather events, natural disasters, or chang- gin Islands, Guam, American Samoa, and the and disclose that information to the Secretary;
ing conditions, such as sea level rise, wildfires, Commonwealth of the Northern Mariana Is- and
and increased flood risk; or ‘‘(II) indicate in the application whether, if
lands) in, or bordering on, the Atlantic, Pacific,
‘‘(II) the eligible activity proposed to be car- selected, the eligible entity will implement 1 or
or Arctic Ocean, the Gulf of Mexico, Long Is-
ried out by the eligible entity is included in the more components of the risk mitigation plan
land Sound, or 1 or more of the Great Lakes.
applicable resilience improvement plan under ‘‘(II) A political subdivision of a State de- under section 322 of the Robert T. Stafford Dis-
subsection (e)(2). scribed in subclause (I). aster Relief and Emergency Assistance Act (42
‘‘(B) COMMUNITY RESILIENCE AND EVACUATION ‘‘(III) A metropolitan planning organization U.S.C. 5165) with respect to the area.
ROUTE GRANTS.— in a State described in subclause (I). ‘‘(C) ELIGIBILITIES.—The Secretary may make
‘‘(i) IN GENERAL.—Using funds made available ‘‘(IV) A unit of local government in a State a grant under paragraph (3) or subparagraph
under this subsection, the Secretary shall pro- described in subclause (I). (A), (B), or (C) of paragraph (4) only for—
vide community resilience and evacuation route ‘‘(V) A special purpose district or public au- ‘‘(i) a highway project eligible for assistance
grants to eligible entities to carry out 1 or more thority with a transportation function, includ- under this title;
‘‘(ii) a public transportation facility or service
eligible activities under clause (ii). ing a port authority, in a State described in sub-
‘‘(ii) ELIGIBLE ACTIVITIES.—An eligible entity eligible for assistance under chapter 53 of title
clause (I).
may use a community resilience and evacuation 49;
‘‘(VI) An Indian tribe in a State described in
‘‘(iii) a facility or service for intercity rail pas-
route grant under this subparagraph for 1 or subclause (I).
senger transportation (as defined in section
more projects that strengthen and protect evacu- ‘‘(VII) A Federal land management agency
24102 of title 49); or
ation routes that are essential for providing and that applies jointly with a State or group of
‘‘(iv) a port facility, including a facility
supporting evacuations caused by emergency States described in subclause (I).
that—
events, including a project that— ‘‘(VIII) A multi-State or multijurisdictional
‘‘(I) connects a port to other modes of trans-
‘‘(I) is an eligible activity under subparagraph group of entities described in subclauses (I)
portation;
(A)(ii), if that eligible activity will improve an through (VII). ‘‘(II) improves the efficiency of evacuations
evacuation route; ‘‘(ii) GRANTS.—Using funds made available and disaster relief; or
‘‘(II) ensures the ability of the evacuation under this subsection, the Secretary shall pro- ‘‘(III) aids transportation.
route to provide safe passage during an evacu- vide at-risk coastal infrastructure grants to eli- ‘‘(D) SYSTEM RESILIENCE.—A project for which
ation and reduces the risk of damage to evacu- gible entities to carry out 1 or more eligible ac- a grant is provided under paragraph (3) or sub-
ation routes as a result of future emergency tivities under clause (iii). paragraph (A), (B), or (C) of paragraph (4) may
events, including restoring or replacing existing ‘‘(iii) ELIGIBLE ACTIVITIES.—An eligible entity include the use of natural infrastructure or the
evacuation routes that are in poor condition or may use an at-risk coastal infrastructure grant construction or modification of storm surge,
not designed to meet the anticipated demand under this subparagraph for strengthening, sta- flood protection, or aquatic ecosystem restora-
during an emergency event, and including steps bilizing, hardening, elevating, relocating, or tion elements that the Secretary determines are
to protect routes from mud, rock, or other debris otherwise enhancing the resilience of highway functionally connected to a transportation im-
slides; and non-rail infrastructure, including bridges, provement, such as—
‘‘(III) if the eligible entity notifies the Sec- roads, pedestrian walkways, and bicycle lanes, ‘‘(i) increasing marsh health and total area
retary that existing evacuation routes are not and associated infrastructure, such as culverts adjacent to a highway right-of-way to promote
sufficient to adequately facilitate evacuations, and tide gates to protect highways, that are additional flood storage;
including the transportation of emergency re- subject to, or face increased long-term future ‘‘(ii) upgrades to and installing of culverts de-
sponders and recovery resources, expands the risks of, a weather event, a natural disaster, or signed to withstand 100-year flood events;
capacity of evacuation routes to swiftly and changing conditions, including coastal flooding, ‘‘(iii) upgrades to and installation of tide
safely accommodate evacuations, including in- coastal erosion, wave action, storm surge, or sea gates to protect highways; and
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stallation of— level rise, in order to improve transportation ‘‘(iv) upgrades to and installation of flood
‘‘(aa) communications and intelligent trans- and public safety and to reduce costs by avoid- gates to protect tunnel entrances.
portation system equipment and infrastructure; ing larger future maintenance or rebuilding ‘‘(E) FEDERAL COST SHARE.—
‘‘(bb) counterflow measures; or costs. ‘‘(i) PLANNING GRANT.—The Federal share of
‘‘(cc) shoulders; ‘‘(iv) CRITERIA.—The Secretary shall provide the cost of a planning activity carried out using
‘‘(IV) is for the construction of new or redun- at-risk coastal infrastructure grants under this a planning grant under paragraph (3) shall be
dant evacuation routes, if the eligible entity no- subparagraph for a project— 100 percent.
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September 27, 2021 CONGRESSIONAL RECORD — HOUSE H5219
‘‘(ii) RESILIENCE GRANTS.— retary of the Interior, and the Secretary of Com- State or metropolitan planning organization
‘‘(I) IN GENERAL.—Except as provided in sub- merce; and with respect to resilience of the surface trans-
clause (II) and subsection (e)(1), the Federal ‘‘(B) solicit technical support from the Admin- portation system within the boundaries of the
share of the cost of a project carried out using istrator of the Federal Emergency Management State or metropolitan planning organization, as
a grant under subparagraph (A), (B), or (C) of Agency. applicable;
paragraph (4) shall not exceed 80 percent of the ‘‘(7) GRANT ADMINISTRATION.—The Secretary ‘‘(B) shall demonstrate a systemic approach to
total project cost. may— surface transportation system resilience and be
‘‘(II) TRIBAL PROJECTS.—On the determination ‘‘(A) retain not more than a total of 5 percent consistent with and complementary of the State
of the Secretary, the Federal share of the cost of of the funds made available to carry out this and local mitigation plans required under sec-
a project carried out using a grant under sub- subsection and to review applications for grants tion 322 of the Robert T. Stafford Disaster Relief
paragraph (A), (B), or (C) of paragraph (4) by under this subsection; and and Emergency Assistance Act (42 U.S.C. 5165);
an Indian tribe (as defined in section 207(m)(1)) ‘‘(B) transfer portions of the funds retained ‘‘(C) shall include a risk-based assessment of
may be up to 100 percent. under subparagraph (A) to the relevant Admin- vulnerabilities of transportation assets and sys-
‘‘(iii) NON-FEDERAL SHARE.—The eligible enti- istrators to fund the award and oversight of tems to current and future weather events and
ty may use Federal funds other than Federal grants provided under this subsection. natural disasters, such as severe storms, flood-
funds provided under this subsection to meet the ‘‘(e) RESILIENCE IMPROVEMENT PLAN AND ing, drought, levee and dam failures, wildfire,
non-Federal cost share requirement for a project LOWER NON-FEDERAL SHARE.— rockslides, mudslides, sea level rise, extreme
carried out with a grant under this subsection. ‘‘(1) FEDERAL SHARE REDUCTIONS.— weather, including extreme temperatures, and
‘‘(F) ELIGIBLE PROJECT COSTS.— ‘‘(A) IN GENERAL.—A State that receives funds earthquakes;
‘‘(i) RESILIENCE GRANT PROJECTS.—Eligible apportioned to the State under section 104(b)(8) ‘‘(D) may—
project costs for activities funded with a grant or an eligible entity that receives a grant under ‘‘(i) designate evacuation routes and strate-
under subparagraph (A), (B), or (C) of para- subsection (d) shall have the non-Federal share gies, including multimodal facilities, designated
graph (4) may include the costs of— of a project carried out with the funds or grant, with consideration for individuals without ac-
‘‘(I) development phase activities, including as applicable, reduced by an amount described cess to personal vehicles;
planning, feasibility analysis, revenue fore- in subparagraph (B) if the State or eligible enti- ‘‘(ii) plan for response to anticipated emer-
casting, environmental review, preliminary engi- ty meets the applicable requirements under that gencies, including plans for the mobility of—
‘‘(I) emergency response personnel and equip-
neering and design work, and other subparagraph.
ment; and
preconstruction activities; and ‘‘(B) AMOUNT OF REDUCTIONS.—
‘‘(II) access to emergency services, including
‘‘(II) construction, reconstruction, rehabilita- ‘‘(i) RESILIENCE IMPROVEMENT PLAN.—Subject
for vulnerable or disadvantaged populations;
tion, and acquisition of real property (including to clause (iii), the amount of the non-Federal ‘‘(iii) describe the resilience improvement poli-
land related to the project and improvements to share of the costs of a project carried out with cies, including strategies, land-use and zoning
land), environmental mitigation, construction funds apportioned to a State under section changes, investments in natural infrastructure,
contingencies, acquisition of equipment directly 104(b)(8) or a grant under subsection (d) shall be or performance measures that will inform the
related to improving system performance, and reduced by 7 percentage points if— transportation investment decisions of the State
operational improvements. ‘‘(I) in the case of a State or an eligible entity or metropolitan planning organization with the
‘‘(ii) PLANNING GRANTS.—Eligible project costs that is a State or a metropolitan planning orga- goal of increasing resilience;
for activities funded with a grant under para- nization, the State or eligible entity has— ‘‘(iv) include an investment plan that—
graph (3) may include the costs of development ‘‘(aa) developed a resilience improvement plan ‘‘(I) includes a list of priority projects; and
phase activities, including planning, feasibility in accordance with this subsection; and ‘‘(II) describes how funds apportioned to the
analysis, revenue forecasting, environmental re- ‘‘(bb) prioritized the project on that resilience State under section 104(b)(8) or provided by a
view, preliminary engineering and design work, improvement plan; and grant under the program would be invested and
other preconstruction activities, and other ac- ‘‘(II) in the case of an eligible entity not de- matched, which shall not be subject to fiscal
tivities consistent with carrying out the pur- scribed in subclause (I), the eligible entity is lo- constraint requirements; and
poses of that paragraph. cated in a State or an area served by a metro- ‘‘(v) use science and data and indicate the
‘‘(G) LIMITATIONS.— politan planning organization that has— source of data and methodologies; and
‘‘(i) IN GENERAL.—An eligible entity that re- ‘‘(aa) developed a resilience improvement plan ‘‘(E) shall, as appropriate—
ceives a grant under subparagraph (A), (B), or in accordance with this subsection; and ‘‘(i) include a description of how the plan will
(C) of paragraph (4)— ‘‘(bb) prioritized the project on that resilience improve the ability of the State or metropolitan
‘‘(I) may use not more than 40 percent of the improvement plan. planning organization—
amount of the grant for the construction of new ‘‘(ii) INCORPORATION OF RESILIENCE IMPROVE- ‘‘(I) to respond promptly to the impacts of
capacity; and MENT PLAN IN OTHER PLANNING.—Subject to weather events and natural disasters; and
‘‘(II) may use not more than 10 percent of the clause (iii), the amount of the non-Federal ‘‘(II) to be prepared for changing conditions,
amount of the grant for activities described in share of the cost of a project carried out with such as sea level rise and increased flood risk;
subparagraph (F)(i)(I). funds under subsection (c) or a grant under sub- ‘‘(ii) describe the codes, standards, and regu-
‘‘(ii) LIMIT ON CERTAIN ACTIVITIES.—For each section (d) shall be reduced by 3 percentage latory framework, if any, adopted and enforced
fiscal year, not more than 25 percent of the total points if— to ensure resilience improvements within the im-
amount provided under this subsection may be ‘‘(I) in the case of a State or an eligible entity pacted area of proposed projects included in the
used for projects described in subparagraph that is a State or a metropolitan planning orga- resilience improvement plan;
nization, the resilience improvement plan devel- ‘‘(iii) consider the benefits of combining hard
(C)(iii).
‘‘(H) DISTRIBUTION OF GRANTS.— oped in accordance with this subsection has surface transportation assets, and natural in-
‘‘(i) IN GENERAL.—Subject to the availability been incorporated into the metropolitan trans- frastructure, through coordinated efforts by the
of funds, an eligible entity may request and the portation plan under section 134 or the long- Federal Government and the States;
‘‘(iv) assess the resilience of other community
Secretary may distribute funds for a grant range statewide transportation plan under sec-
assets, including buildings and housing, emer-
under this subsection on a multiyear basis, as tion 135, as applicable; and
‘‘(II) in the case of an eligible entity not de- gency management assets, and energy, water,
the Secretary determines to be necessary.
scribed in subclause (I), the eligible entity is lo- and communication infrastructure;
‘‘(ii) RURAL SET-ASIDE.—Of the amounts made
‘‘(v) use a long-term planning period; and
available to carry out this subsection for each cated in a State or an area served by a metro- ‘‘(vi) include such other information as the
fiscal year, the Secretary shall use not less than politan planning organization that incorporated State or metropolitan planning organization
25 percent for grants for projects located in a resilience improvement plan into the metro- considers appropriate.
areas that are outside an urbanized area with a politan transportation plan under section 134 or ‘‘(3) NO NEW PLANNING REQUIREMENTS.—Noth-
population of over 200,000. the long-range statewide transportation plan ing in this section requires a metropolitan plan-
‘‘(iii) TRIBAL SET-ASIDE.—Of the amounts under section 135, as applicable. ning organization or a State to develop a resil-
made available to carry out this subsection for ‘‘(iii) LIMITATIONS.— ience improvement plan or to include a resil-
each fiscal year, the Secretary shall use not less ‘‘(I) MAXIMUM REDUCTION.—A State or eligible ience improvement plan under the metropolitan
than 2 percent for grants to Indian tribes (as de- entity may not receive a reduction under this transportation plan under section 134 or the
fined in section 207(m)(1)). paragraph of more than 10 percentage points for long-range statewide transportation plan under
‘‘(iv) REALLOCATION.—For any fiscal year, if any single project carried out with funds under section 135, as applicable, of the metropolitan
the Secretary determines that the amount de- subsection (c) or a grant under subsection (d). planning organization or State.
scribed in clause (ii) or (iii) will not be fully uti- ‘‘(II) NO NEGATIVE NON-FEDERAL SHARE.—A ‘‘(f) MONITORING.—
lized for the grant described in that clause, the reduction under this paragraph shall not reduce ‘‘(1) IN GENERAL.—Not later than 18 months
Secretary may reallocate the unutilized funds to the non-Federal share of the costs of a project after the date of enactment of this section, the
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provide grants to other eligible entities under carried out with funds under subsection (c) or a Secretary shall—
this subsection. grant under subsection (d) to an amount that is ‘‘(A) establish, for the purpose of evaluating
‘‘(6) CONSULTATION.—In carrying out this sub- less than zero. the effectiveness and impacts of projects carried
section, the Secretary shall— ‘‘(2) PLAN CONTENTS.—A resilience improve- out with a grant under subsection (d)—
‘‘(A) consult with the Assistant Secretary of ment plan referred to in paragraph (1)— ‘‘(i) subject to paragraph (2), transportation
the Army for Civil Works, the Administrator of ‘‘(A) shall be for the immediate and long- and any other metrics as the Secretary deter-
the Environmental Protection Agency, the Sec- range planning activities and investments of the mines to be necessary; and
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H5220 CONGRESSIONAL RECORD — HOUSE September 27, 2021
‘‘(ii) procedures for monitoring and evaluating (4) POROUS PAVEMENT.—The term ‘‘porous (A) pedestrian-only areas; and
projects based on those metrics; and pavement’’ means a paved surface with a higher (B) areas of low-volume, low-speed vehicular
‘‘(B) select a representative sample of projects than normal percentage of air voids to allow use.
to evaluate based on the metrics and procedures water to pass through the surface and infiltrate (7) Purchasing of trees, site preparation,
established under subparagraph (A). into the subsoil. planting of trees, ongoing maintenance and
‘‘(2) NOTICE.—Before adopting any metrics de- (5) PROGRAM.—The term ‘‘program’’ means monitoring of trees, and repairing of storm dam-
scribed in paragraph (1), the Secretary shall— the Healthy Streets program established under age to trees, with priority given to—
‘‘(A) publish the proposed metrics in the Fed- subsection (b). (A) to the extent practicable, the planting of
eral Register; and (6) STATE.—The term ‘‘State’’ has the meaning native species; and
‘‘(B) provide to the public an opportunity for given the term in section 101(a) of title 23, (B) projects located in a neighborhood with
comment on the proposed metrics. United States Code. lower tree cover or higher maximum daytime
‘‘(g) REPORTS.— (7) TRIBAL GOVERNMENT.—The term ‘‘Tribal summer temperatures compared to surrounding
‘‘(1) REPORTS FROM ELIGIBLE ENTITIES.—Not government’’ means the recognized governing neighborhoods.
later than 1 year after the date on which a body of any Indian or Alaska Native tribe, (8) Assessing underground infrastructure and
project carried out with a grant under sub- band, nation, pueblo, village, community, com- coordinating with local transportation and util-
section (d) is completed, the eligible entity that ponent band, or component reservation, individ- ity providers.
ually identified (including parenthetically) in (9) Hiring staff to conduct any of the activi-
carried out the project shall submit to the Sec-
the list published most recently as of the date of ties described in paragraphs (1) through (8).
retary a report on the results of the project and (f) PRIORITY.—In awarding grants to eligible
the use of the funds awarded. enactment of this Act pursuant to section 104 of
the Federally Recognized Indian Tribe List Act entities under the program, the Secretary shall
‘‘(2) REPORTS TO CONGRESS.— give priority to an eligible entity—
‘‘(A) ANNUAL REPORTS.—The Secretary shall of 1994 (25 U.S.C. 5131).
(1) proposing to carry out an activity or
submit to the Committee on Environment and (b) ESTABLISHMENT.—The Secretary shall es-
project in a low-income community or a dis-
Public Works of the Senate and the Committee tablish a discretionary grant program, to be
advantaged community;
on Transportation and Infrastructure of the known as the ‘‘Healthy Streets program’’, to
(2) that has entered into a community benefits
House of Representatives, and publish on the provide grants to eligible entities—
agreement with representatives of the commu-
website of the Department of Transportation, an (1) to deploy cool pavements and porous pave-
nity; or
annual report that describes the implementation ments; and
(3) that is partnering with a qualified youth
of the program during the preceding calendar (2) to expand tree cover.
(c) GOALS.—The goals of the program are— or conservation corps (as defined in section 203
year, including— (1) to mitigate urban heat islands; of the Public Lands Corps Act of 1993 (16 U.S.C.
‘‘(i) each project for which a grant was pro- (2) to improve air quality; and 1722)).
vided under subsection (d); (3) to reduce— (g) DISTRIBUTION REQUIREMENT.—Of the
‘‘(ii) information relating to project applica- (A) the extent of impervious surfaces; amounts made available to carry out the pro-
tions received; (B) stormwater runoff and flood risks; and gram for each fiscal year, not less than 80 per-
‘‘(iii) the manner in which the consultation (C) heat impacts to infrastructure and road cent shall be provided for projects in urbanized
requirements were implemented under subsection users. areas (as defined in section 101(a) of title 23,
(d); (d) APPLICATION.— United States Code).
‘‘(iv) recommendations to improve the admin- (1) IN GENERAL.—To be eligible to receive a (h) FEDERAL SHARE.—
istration of subsection (d), including whether grant under the program, an eligible entity shall (1) IN GENERAL.—Except as provided under
assistance from additional or fewer agencies to submit to the Secretary an application at such paragraph (2), the Federal share of the cost of
carry out the program is appropriate; time, in such manner, and containing such in- a project carried out under the program shall be
‘‘(v) the period required to disburse grant formation as the Secretary may require. 80 percent.
funds to eligible entities based on applicable (2) REQUIREMENTS.—The application sub- (2) WAIVER.—The Secretary may increase the
Federal coordination requirements; and mitted by an eligible entity under paragraph (1) Federal share requirement under paragraph (1)
‘‘(vi) a list of facilities that repeatedly require shall include a description of— to 100 percent for projects carried out by an eli-
repair or reconstruction due to emergency (A) how the eligible entity would use the gible entity that demonstrates economic hard-
events. grant funds; and ship, as determined by the Secretary.
‘‘(B) FINAL REPORT.—Not later than 5 years (B) the contribution that the projects intended (i) MAXIMUM GRANT AMOUNT.—An individual
after the date of enactment of the Surface to be carried out with grant funds would make grant under this section shall not exceed
Transportation Reauthorization Act of 2021, the to improving the safety, health outcomes, nat- $15,000,000.
Secretary shall submit to Congress a report that ural environment, and quality of life in low-in- (j) TREATMENT OF PROJECTS.—Notwith-
includes the results of the reports submitted come communities and disadvantaged commu- standing any other provision of law, a project
under subparagraph (A). nities. assisted under this section shall be treated as a
(e) USE OF FUNDS.—An eligible entity that re- project on a Federal-aid highway under chapter
‘‘(h) TREATMENT OF PROJECTS.—Notwith-
ceives a grant under the program may use the 1 of title 23, United States Code.
standing any other provision of law, a project
grant funds for 1 or more of the following activi- Subtitle E—Miscellaneous
assisted under this section shall be treated as a
ties: SEC. 11501. ADDITIONAL DEPOSITS INTO HIGH-
project on a Federal-aid highway under this
(1) Conducting an assessment of urban heat WAY TRUST FUND.
chapter.’’.
islands to identify hot spot areas of extreme (a) IN GENERAL.—Section 105 of title 23,
(b) CLERICAL AMENDMENT.—The analysis for
heat or elevated air pollution. United States Code, is repealed.
chapter 1 of title 23, United States Code (as (2) Conducting a comprehensive tree canopy
amended by section 11403(b)), is amended by in- (b) CLERICAL AMENDMENT.—The analysis for
assessment, which shall assess the current tree chapter 1 of title 23, United States Code, is
serting after the item relating to section 175 the locations and canopy, including—
following: amended by striking the item relating to section
(A) an inventory of the location, species, con- 105.
‘‘176. Promoting Resilient Operations for Trans- dition, and health of existing tree canopies and
SEC. 11502. STOPPING THREATS ON PEDES-
formative, Efficient, and Cost-sav- trees on public facilities; and TRIANS.
ing Transportation (PROTECT) (B) an identification of— (a) DEFINITION OF BOLLARD INSTALLATION
program.’’. (i) the locations where trees need to be re-
PROJECT.—In this section, the term ‘‘bollard in-
SEC. 11406. HEALTHY STREETS PROGRAM. placed;
(ii) empty tree boxes or other locations where stallation project’’ means a project to install
(a) DEFINITIONS.—In this section: raised concrete or metal posts on a sidewalk ad-
(1) COOL PAVEMENT.—The term ‘‘cool pave- trees could be added; and
(iii) flood-prone locations where trees or other jacent to a roadway that are designed to slow or
ment’’ means a pavement with reflective sur- stop a motor vehicle.
natural infrastructure could mitigate flooding.
faces with higher albedo to decrease the surface (b) ESTABLISHMENT.—Not later than 1 year
(3) Conducting an equity assessment by map-
temperature of that pavement. after the date of enactment of this Act and sub-
ping tree canopy gaps, flood-prone locations,
(2) ELIGIBLE ENTITY.—The term ‘‘eligible enti- ject to the availability of appropriations, the
and urban heat island hot spots as compared
ty’’ means— Secretary shall establish and carry out a com-
to—
(A) a State; (A) pedestrian walkways and public transpor- petitive grant pilot program to provide assist-
(B) a metropolitan planning organization; tation stop locations; ance to State departments of transportation and
(C) a unit of local government; (B) low-income communities; and local government entities for bollard installation
(D) a Tribal government; and (C) disadvantaged communities. projects designed to prevent pedestrian injuries
(E) a nonprofit organization working in co- (4) Planning activities, including developing and acts of terrorism in areas used by large
ordination with an entity described in subpara- an investment plan based on the results of the numbers of pedestrians.
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graphs (A) through (D). assessments carried out under paragraphs (1), (c) APPLICATION.—To be eligible to receive a
(3) LOW-INCOME COMMUNITY.—The term ‘‘low- (2), and (3). grant under this section, a State department of
income community’’ means a census block group (5) Purchasing and deploying cool pavements transportation or local government entity shall
in which not less than 30 percent of the popu- to mitigate urban heat island hot spots. submit to the Secretary an application at such
lation lives below the poverty line (as defined in (6) Purchasing and deploying porous pave- time, in such form, and containing such infor-
section 673 of the Community Services Block ment to mitigate flooding and stormwater runoff mation as the Secretary determines to be appro-
Grant Act (42 U.S.C. 9902)). in— priate, which shall include, at a minimum—
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September 27, 2021 CONGRESSIONAL RECORD — HOUSE H5221
(1) a description of the proposed bollard in- (C) the accuracy of the accounting system of (g) TERMINATION.—
stallation project to be carried out; the State to earn and track toll credits. (1) IN GENERAL.—The Secretary may terminate
(2) a description of the pedestrian injury or (2) SELECTION.—Of the States that submit an the pilot program or the participation of any
terrorism risks with respect to the proposed in- application under paragraph (1), the Secretary State in the pilot program if the Secretary deter-
stallation area; and may select not more than 10 States to be des- mines that—
(3) an analysis of how the proposed bollard ignated as an originating State. (A) the pilot program is not serving a public
installation project will mitigate those risks. (3) LIMITATION ON SALES.—At any time, the benefit; or
(d) USE OF FUNDS.—A recipient of a grant Secretary may limit the amount of unused toll (B) it is not cost effective to carry out the pilot
under this section may only use the grant funds credits that may be offered for sale under the program.
for a bollard installation project. pilot program. (2) PROCEDURES.—The termination of the pilot
(e) FEDERAL SHARE.—The Federal share of the (e) TRANSFER OR SALE OF CREDITS.— program or the participation of a State in the
costs of a bollard installation project carried out (1) IN GENERAL.—In carrying out the pilot pro- pilot program shall be carried out consistent
with a grant under this section may be up to 100 gram, the Secretary shall provide that an origi- with Federal requirements for project closeout,
percent. nating State may transfer or sell to a recipient adjustment, and continuing responsibilities.
(f) AUTHORIZATION OF APPROPRIATIONS.— State a credit not previously used by the origi-
SEC. 11504. STUDY OF IMPACTS ON ROADS FROM
There is authorized to be appropriated to the nating State under section 120(i) of title 23, SELF-DRIVING VEHICLES.
Secretary to carry out this section $5,000,000 for United States Code.
(2) WEBSITE SUPPORT.—The Secretary shall (a) IN GENERAL.—Not later than 60 days after
each of fiscal years 2022 through 2026. the date of enactment of this Act, the Secretary
(g) TREATMENT OF PROJECTS.—Notwith- make available a publicly accessible website on
which originating States shall post the amount shall initiate a study on the existing and future
standing any other provision of law, a project impacts of self-driving vehicles to transportation
assisted under this section shall be treated as a of toll credits, verified under subsection
(d)(1)(A), that are available for sale or transfer infrastructure, mobility, the environment, and
project on a Federal-aid highway under chapter safety, including impacts on—
1 of title 23, United States Code. to a recipient State.
(3) BILATERAL TRANSACTIONS.—An originating (1) the Interstate System (as defined in section
SEC. 11503. TRANSFER AND SALE OF TOLL CRED-
State and a recipient State may enter into a bi- 101(a) of title 23, United States Code);
ITS. (2) urban roads;
lateral transaction to sell or transfer verified toll
(a) DEFINITIONS.—In this section: credits. (3) rural roads;
(1) ORIGINATING STATE.—The term ‘‘origi- (4) NOTIFICATION.—Not later than 30 days (4) corridors with heavy traffic congestion;
nating State’’ means a State that— after the date on which a credit is transferred or (5) transportation systems optimization; and
(A) is eligible to use a credit under section sold, the originating State and the recipient (6) any other areas or issues relevant to oper-
120(i) of title 23, United States Code; and State shall jointly submit to the Secretary a ations of the Federal Highway Administration
(B) has been selected by the Secretary under written notification of the transfer or sale, in- that the Secretary determines to be appropriate.
subsection (d)(2). cluding details on— (b) CONTENTS OF STUDY.—The study under
(2) PILOT PROGRAM.—The term ‘‘pilot pro- (A) the amount of toll credits that have been subsection (a) shall include specific rec-
gram’’ means the pilot program established sold or transferred; ommendations for both rural and urban commu-
under subsection (b). (B) the price paid or other value transferred nities regarding the impacts of self-driving vehi-
(3) RECIPIENT STATE.—The term ‘‘recipient in exchange for the toll credits; cles on existing transportation system capacity.
State’’ means a State that receives a credit by (C) the intended use by the recipient State of (c) CONSIDERATIONS.—In carrying out the
transfer or by sale under this section from an the toll credits, if known; study under subsection (a), the Secretary
originating State. (D) the intended use by the originating State shall—
(4) STATE.—The term ‘‘State’’ has the meaning of the cash or other value transferred; (1) consider the need for and recommend any
given the term in section 101(a) of title 23, (E) an update on the toll credit balance of the policy changes to be undertaken by the Federal
United States Code. originating State and the recipient State; and Highway Administration on the impacts of self-
(b) ESTABLISHMENT OF PILOT PROGRAM.—The (F) any other information about the trans- driving vehicles as identified under paragraph
Secretary shall establish and implement a toll action that the Secretary may require. (2); and
credit exchange pilot program in accordance (5) USE OF CREDITS BY TRANSFEREE OR PUR- (2) for both rural and urban communities, in-
with this section. CHASER.—A recipient State may use a credit re- clude a discussion of—
(c) PURPOSES.—The purposes of the pilot pro- ceived under paragraph (1) toward the non-Fed- (A) the impacts that self-driving vehicles will
gram are— eral share requirement for any funds made have on existing transportation infrastructure,
(1) to identify the extent of the demand to available to carry out title 23 or chapter 53 of such as signage and markings, traffic lights,
purchase toll credits; title 49, United States Code, in accordance with and highway capacity and design;
(2) to identify the cash price of toll credits section 120(i) of title 23, United States Code. (B) the impact on commercial and private
through bilateral transactions between States; (6) USE OF PROCEEDS FROM SALE OF CREDITS.— traffic flows;
(3) to analyze the impact of the purchase or An originating State shall use the proceeds from (C) infrastructure improvement needs that
sale of toll credits on transportation expendi- the sale of a credit under paragraph (1) for the may be necessary for transportation infrastruc-
tures; construction costs of any project in the origi- ture to accommodate self-driving vehicles;
(4) to test the feasibility of expanding the pilot nating State that is eligible under title 23, (D) the impact of self-driving vehicles on the
program to allow all States to participate on a United States Code. environment, congestion, and vehicle miles trav-
permanent basis; and (f) REPORTING REQUIREMENTS.— eled; and
(5) to identify any other repercussions of the (1) INITIAL REPORT.—Not later than 1 year (E) the impact of self-driving vehicles on mo-
toll credit exchange. after the date on which the pilot program is es- bility.
(d) SELECTION OF ORIGINATING STATES.— tablished, the Secretary shall submit to the Com- (d) COORDINATION.—In carrying out the study
(1) APPLICATION.—In order to participate in mittee on Environment and Public Works of the under subsection (a), the Secretary shall con-
the pilot program as an originating State, a Senate and the Committee on Transportation sider and incorporate relevant current and on-
State shall submit to the Secretary an applica- and Infrastructure of the House of Representa- going research of the Department.
tion at such time, in such manner, and con- tives a report on the progress of the pilot pro- (e) CONSULTATION.—In carrying out the study
taining such information as the Secretary may gram. under subsection (a), the Secretary shall con-
require, including, at a minimum, such informa- (2) FINAL REPORT.—Not later than 3 years
vene and consult with a panel of national ex-
tion as is required for the Secretary to verify— after the date on which the pilot program is es-
perts in both rural and urban transportation,
(A) the amount of unused toll credits for tablished, the Secretary shall—
including—
which the State has submitted certification to (A) submit to the Committee on Environment
(1) operators and users of the Interstate Sys-
the Secretary that are available to be sold or and Public Works of the Senate and the Com-
tem (as defined in section 101(a) of title 23,
transferred under the pilot program, including— mittee on Transportation and Infrastructure of
United States Code), including private sector
(i) toll revenue generated and the sources of the House of Representatives a report that—
(i) determines whether a toll credit market- stakeholders;
that revenue; (2) States and State departments of transpor-
place is viable and cost-effective;
(ii) toll revenue used by public, quasi-public, tation;
(ii) describes the buying and selling activities
and private agencies to build, improve, or main- (3) metropolitan planning organizations;
under the pilot program;
tain highways, bridges, or tunnels that serve the (iii) describes the average sale price of toll (4) the motor carrier industry;
public purpose of interstate commerce; and credits; (5) representatives of public transportation
(iii) an accounting of any Federal funds used (iv) determines whether the pilot program agencies or organizations;
by the public, quasi-public, or private agency to could be expanded to more States or all States or (6) highway safety and academic groups;
build, improve, or maintain the toll facility, to to non-State operators of toll facilities; (7) nonprofit entities with experience in trans-
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validate that the credit has been reduced by a (v) provides updated information on the toll portation policy;
percentage equal to the percentage of the total credit balance accumulated by each State; and (8) National Laboratories (as defined in sec-
cost of building, improving, or maintaining the (vi) describes the list of projects that were as- tion 2 of the Energy Policy Act of 2005 (42
facility that was derived from Federal funds; sisted by the pilot program; and U.S.C. 15801));
(B) the documentation of maintenance of ef- (B) make the report under subparagraph (A) (9) environmental stakeholders; and
fort for toll credits earned by the originating publicly available on the website of the Depart- (10) self-driving vehicle producers, manufac-
State; and ment. turers, and technology developers.
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H5222 CONGRESSIONAL RECORD — HOUSE September 27, 2021
(f) REPORT.—Not later than 1 year after the (1) describes the results of the study carried ‘‘subsection (b)’’ and inserting ‘‘subsection (c)’’;
date on which the study under subsection (a) is out under subsection (b); and and
initiated, the Secretary shall submit a report on (2) provides recommendations, if any, relating (5) by adding at the end the following:
the results of the study to— to— ‘‘(f) REQUEST FOR DATA.—Before making a
(1) the Committee on Environment and Public (A) the methods by which to incorporate bicy- grant for a project or activity described in sub-
Works of the Senate; and cles into disaster preparedness and disaster re- section (b)(2), the Appalachian Regional Com-
(2) the Committee on Transportation and In- sponse plans of local communities; and mission shall request from the Federal Commu-
frastructure of the House of Representatives. (B) improvements to training programs de- nications Commission, the National Tele-
SEC. 11505.
DISASTER RELIEF MOBILIZATION scribed in subsection (b)(2)(C). communications and Information Administra-
STUDY. SEC. 11506. APPALACHIAN REGIONAL COMMIS- tion, the Economic Development Administration,
(a) DEFINITION OF LOCAL COMMUNITY.—In SION. and the Department of Agriculture data on—
this section, the term ‘‘local community’’ (a) DEFINITIONS.—Section 14102(a)(1) of title ‘‘(1) the level and extent of broadband service
means— 40, United States Code, is amended— that exists in the area proposed to be served by
(1) a unit of local government; (1) in subparagraph (G)— the broadband service-related infrastructure;
(2) a political subdivision of a State or local (A) by inserting ‘‘Catawba,’’ after and
government; ‘‘Caldwell,’’; and ‘‘(2) the level and extent of broadband service
(3) a metropolitan planning organization (as (B) by inserting ‘‘Cleveland,’’ after ‘‘Clay,’’; that will be deployed in the area proposed to be
defined in section 134(b) of title 23, United (2) in subparagraph (J), by striking ‘‘and served by the broadband service-related infra-
States Code); Spartanburg’’ and inserting ‘‘Spartanburg, and structure pursuant to another Federal program.
(4) a rural planning organization; or Union’’; and ‘‘(g) REQUIREMENT.—For each fiscal year, not
(5) a Tribal government. (3) in subparagraph (M), by inserting ‘‘, of less than 65 percent of the amounts made avail-
(b) STUDY.— which the counties of Brooke, Hancock, Mar- able to carry out this section shall be used for
(1) IN GENERAL.—The Secretary shall carry shall, and Ohio shall be considered to be located grants for projects and activities described in
out a study to determine the utility of incor- in the North Central subregion’’ after ‘‘West subsection (b)(2).’’.
porating the use of bicycles into the disaster Virginia’’. (e) APPALACHIAN REGIONAL ENERGY HUB INI-
preparedness and disaster response plans of (b) FUNCTIONS.—Section 14303(a) of title 40, TIATIVE.—
local communities. United States Code, is amended— (1) IN GENERAL.—Subchapter I of chapter 145
(2) REQUIREMENTS.—The study carried out (1) in paragraph (9), by striking ‘‘and’’ at the of subtitle IV of title 40, United States Code, is
under paragraph (1) shall include— end; amended by adding at the end the following:
(A) a vulnerability assessment of the infra- (2) in paragraph (10), by striking the period at
structure in local communities as of the date of ‘‘§ 14511. Appalachian regional energy hub
the end and inserting ‘‘; and’’; and initiative
enactment of this Act that supports active trans- (3) by adding at the end the following:
portation, including bicycling, walking, and ‘‘(11) support broadband access in the Appa- ‘‘(a) IN GENERAL.—The Appalachian Regional
personal mobility devices, with a particular lachian region.’’. Commission may provide technical assistance to,
focus on areas in local communities that— (c) CONGRESSIONAL NOTIFICATION.— make grants to, enter into contracts with, or
(i) have low levels of vehicle ownership; and (1) IN GENERAL.—Subchapter II of chapter 143 otherwise provide amounts to individuals or en-
(ii) lack sufficient active transportation infra- of subtitle IV of title 40, United States Code, is tities in the Appalachian region for projects and
structure routes to public transportation; amended by adding at the end the following: activities—
(B) an evaluation of whether disaster pre- ‘‘(1) to conduct research and analysis regard-
paredness and disaster response plans should ‘‘§ 14323. Congressional notification
ing the economic impact of an ethane storage
include the use of bicycles by first responders, ‘‘(a) IN GENERAL.—In the case of a project de- hub in the Appalachian region that supports a
emergency workers, and community organiza- scribed in subsection (b), the Appalachian Re- more-effective energy market performance due to
tion representatives— gional Commission shall provide to the Com- the scale of the project, such as a project with
(i) during a mandatory or voluntary evacu- mittee on Transportation and Infrastructure of the capacity to store and distribute more than
ation ordered by a Federal, State, Tribal, or the House of Representatives and the Committee 100,000 barrels per day of hydrocarbon feedstock
local government entity— on Environment and Public Works of the Senate with a minimum gross heating value of 1,700 Btu
(I) to notify residents of the need to evacuate; notice of the award of a grant or other financial per standard cubic foot;
(II) to evacuate individuals and goods; and assistance not less than 3 full business days be- ‘‘(2) with the potential to significantly con-
(III) to reach individuals who are in need of fore awarding the grant or other financial as- tribute to the economic resilience of the area in
first aid and medical assistance; and sistance. which the project is located; and
(ii) after a disaster or emergency declared by ‘‘(b) PROJECTS DESCRIBED.—A project referred ‘‘(3) that will help establish a regional energy
a Federal, State, Tribal, or local government en- to in subsection (a) is a project that the Appa- hub in the Appalachian region for natural gas
tity— lachian Regional Commission has selected to re- and natural gas liquids, including hydrogen
(I) to participate in search and rescue activi- ceive a grant or other financial assistance under produced from the steam methane reforming of
ties; this subtitle in an amount not less than natural gas feedstocks.
(II) to carry commodities to be used for life- $50,000.’’. ‘‘(b) LIMITATION ON AVAILABLE AMOUNTS.—Of
saving or life-sustaining purposes, including— (2) CLERICAL AMENDMENT.—The analysis for the cost of any project or activity eligible for a
(aa) water; subchapter II of chapter 143 of subtitle IV of grant under this section—
(bb) food; title 40, United States Code, is amended by add- ‘‘(1) except as provided in paragraphs (2) and
(cc) first aid and other medical supplies; and ing at the end the following: (3), not more than 50 percent may be provided
(dd) power sources and electric supplies, such
‘‘14323. Congressional notification.’’. from amounts made available to carry out this
as cell phones, radios, lights, and batteries;
(III) to reach individuals who are in need of (d) HIGH-SPEED BROADBAND DEPLOYMENT INI- section;
the commodities described in subclause (II); and TIATIVE.—Section 14509 of title 40, United States ‘‘(2) in the case of a project or activity to be
(IV) to assist with other disaster relief tasks, Code, is amended— carried out in a county for which a distressed
as appropriate; and (1) by striking subsection (a) and inserting the county designation is in effect under section
(C) a review of training programs for first re- following: 14526, not more than 80 percent may be provided
sponders, emergency workers, and community ‘‘(a) IN GENERAL.—The Appalachian Regional from amounts made available to carry out this
organization representatives relating to— Commission may provide technical assistance, section; and
(i) competent bicycle skills, including the use make grants, enter into contracts, or otherwise ‘‘(3) in the case of a project or activity to be
of cargo bicycles and electric bicycles, as appli- provide amounts to individuals or entities in the carried out in a county for which an at-risk
cable; Appalachian region for projects and activities to county designation is in effect under section
(ii) basic bicycle maintenance; increase affordable access to broadband net- 14526, not more than 70 percent may be provided
(iii) compliance with relevant traffic safety works throughout the Appalachian region.’’; from amounts made available to carry out this
laws; (2) by redesignating subsections (b) through section.
(iv) methods to use bicycles to carry out the (d) as subsections (c) through (e), respectively; ‘‘(c) SOURCES OF ASSISTANCE.—Subject to sub-
activities described in clauses (i) and (ii) of sub- (3) by inserting after subsection (a) the fol- section (b), a grant provided under this section
paragraph (2)(B); and lowing: may be provided from amounts made available
(v) exercises conducted for the purpose of— ‘‘(b) ELIGIBLE PROJECTS AND ACTIVITIES.—A to carry out this section, in combination with
(I) exercising the skills described in clause (i); project or activity eligible to be carried out amounts made available—
and under this section is a project or activity— ‘‘(1) under any other Federal program; or
(II) maintaining bicycles and related equip- ‘‘(1) to conduct research, analysis, and train- ‘‘(2) from any other source.
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ment. ing to increase broadband adoption efforts in ‘‘(d) FEDERAL SHARE.—Notwithstanding any
(c) REPORT.—Not later than 2 years after the the Appalachian region; or provision of law limiting the Federal share
date of enactment of this Act, the Secretary ‘‘(2) for the construction and deployment of under any other Federal program, amounts
shall submit to the Committee on Environment broadband service-related infrastructure in the made available to carry out this section may be
and Public Works of the Senate and the Com- Appalachian region.’’; used to increase that Federal share, as the Ap-
mittee on Transportation and Infrastructure of (4) in subsection (d) (as so redesignated), in palachian Regional Commission determines to be
the House of Representatives a report that— the matter preceding paragraph (1), by striking appropriate.’’.
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September 27, 2021 CONGRESSIONAL RECORD — HOUSE H5223
(2) CLERICAL AMENDMENT.—The analysis for (2)(A) to certify to the Secretary that the pri- (3) to conduct construction activities nec-
subchapter I of chapter 145 of title 40, United vate partner of the public-private partnership is essary to carry out a project to remove, retrofit,
States Code, is amended by adding at the end meeting the terms of the public-private partner- or mitigate an existing eligible facility.
the following: ship agreement for the project; or (c) PLANNING GRANTS.—
‘‘14511. Appalachian regional energy hub initia- (B) to notify the Secretary that the private (1) ELIGIBLE ENTITIES.—The Secretary may
tive.’’. partner of the public-private partnership has award a grant (referred to in this section as a
(f) AUTHORIZATION OF APPROPRIATIONS.—Sec- not met 1 or more of the terms of the public-pri- ‘‘planning grant’’) to carry out planning activi-
tion 14703 of title 40, United States Code, is vate partnership agreement for the project, in- ties described in paragraph (2) to—
amended— cluding a brief description of each violation of (A) a State;
the public-private partnership agreement; and (B) a unit of local government;
(1) in subsection (a)—
(3) to make publicly available the certification (C) a Tribal government;
(A) in paragraph (4), by striking ‘‘and’’ at the (D) a metropolitan planning organization;
end; or notification, as applicable, under paragraph
and
(B) in paragraph (5), by striking the period at (2) in a form that does not disclose any propri-
(E) a nonprofit organization.
the end and inserting ‘‘; and’’; and etary or confidential business information. (2) ELIGIBLE ACTIVITIES DESCRIBED.—The
(C) by adding at the end the following: (c) NOTIFICATION.—If the Secretary provides planning activities referred to in paragraph (1)
‘‘(6) $200,000,000 for each of fiscal years 2022 Federal financial assistance to a project carried are—
through 2026.’’; out through a public-private partnership, not (A) planning studies to evaluate the feasibility
(2) in subsection (c), by striking ‘‘$10,000,000 later than 30 days after the date on which the of removing, retrofitting, or mitigating an exist-
may be used to carry out section 14509 for each Federal financial assistance is first obligated, ing eligible facility to restore community
of fiscal years 2016 through 2021’’ and inserting the Secretary shall submit to the Committee on connectivity, including evaluations of—
‘‘$20,000,000 may be used to carry out section Environment and Public Works of the Senate (i) current traffic patterns on the eligible fa-
14509 for each of fiscal years 2022 through 2026’’; and the Committee on Transportation and In- cility proposed for removal, retrofit, or mitiga-
(3) by redesignating subsections (d) and (e) as frastructure of the House of Representatives a tion and the surrounding street network;
subsections (e) and (f), respectively; and notification of the Federal financial assistance (ii) the capacity of existing transportation
(4) by inserting after subsection (c) the fol- made available for the project. networks to maintain mobility needs;
lowing: (d) VALUE FOR MONEY ANALYSIS.— (iii) an analysis of alternative roadway de-
‘‘(d) APPALACHIAN REGIONAL ENERGY HUB INI- (1) PROJECT APPROVAL AND OVERSIGHT.—Sec- signs or other uses for the right-of-way of the el-
TIATIVE.—Of the amounts made available under tion 106(h)(3) of title 23, United States Code, is igible facility, including an analysis of whether
subsection (a), $5,000,000 shall be used to carry amended— the available right-of-way would suffice to cre-
out section 14511 for each of fiscal years 2022 (A) in subparagraph (C), by striking ‘‘and’’ at ate an alternative roadway design;
through 2026.’’. the end; (iv) the effect of the removal, retrofit, or miti-
(g) TERMINATION.—Section 14704 of title 40, (B) by redesignating subparagraph (D) as sub- gation of the eligible facility on the mobility of
United States Code, is amended by striking paragraph (E); and freight and people;
‘‘2021’’ and inserting ‘‘2026’’. (C) by inserting after subparagraph (C) the (v) the effect of the removal, retrofit, or miti-
SEC. 11507. DENALI COMMISSION. following: gation of the eligible facility on the safety of the
(a) DENALI ACCESS SYSTEM PROGRAM.—Not- ‘‘(D) for a project in which the project sponsor traveling public;
withstanding subsection (j) of section 309 of the intends to carry out the project through a pub- (vi) the cost to remove, retrofit, or mitigate the
Denali Commission Act of 1998 (42 U.S.C. 3121 lic-private partnership agreement, shall include eligible facility—
note; Public Law 105–277), there is authorized to a detailed value for money analysis or similar (I) to restore community connectivity; and
be appropriated $20,000,000 for each of fiscal comparative analysis for the project; and’’. (II) to convert the eligible facility to a dif-
years 2022 through 2026 to carry out that sec- (2) SURFACE TRANSPORTATION BLOCK GRANT ferent roadway design or use, compared to any
tion. PROGRAM.—Paragraph (21) of section 133(b) of expected costs for necessary maintenance or re-
(b) TRANSFERS OF FUNDS.—Section 311(c) of title 23, United States Code (as redesignated by construction of the eligible facility;
section 1109(a)(1)(C)), is amended by inserting ‘‘, (vii) the anticipated economic impact of re-
the Denali Commission Act of 1998 (42 U.S.C.
including conducting value for money analyses moving, retrofitting, or mitigating and con-
3121 note; Public Law 105–277) is amended—
(1) in paragraph (1), by striking ‘‘and’’ at the or similar comparative analyses,’’ after ‘‘over- verting the eligible facility and any economic
end; sight’’. development opportunities that would be created
(2) in paragraph (2), by striking the period at (3) TIFIA.—Section 602(a) of title 23, United by removing, retrofitting, or mitigating and con-
the end and inserting ‘‘; and’’; and States Code, is amended by adding at the end verting the eligible facility; and
(3) by adding at the end the following: the following: (viii) the environmental impacts of retaining
‘‘(3) notwithstanding any other provision of ‘‘(11) PUBLIC-PRIVATE PARTNERSHIPS.—In the or reconstructing the eligible facility and the
law, shall— case of a project to be carried out through a anticipated effect of the proposed alternative
‘‘(A) be treated as if directly appropriated to public-private partnership, the public partner use or roadway design;
the Commission and subject to applicable provi- shall have— (B) public engagement activities to provide op-
sions of this Act; and ‘‘(A) conducted a value for money analysis or portunities for public input into a plan to re-
‘‘(B) not be subject to any requirements that similar comparative analysis; and move and convert an eligible facility; and
‘‘(B) determined the appropriateness of the (C) other transportation planning activities
applied to the funds before the transfer, includ-
public-private partnership agreement.’’. required in advance of a project to remove, ret-
ing a requirement in an appropriations Act or a
(e) APPLICABILITY.—This section and the rofit, or mitigate an existing eligible facility to
requirement or regulation of the Federal agency
amendments made by this section shall only restore community connectivity, as determined
from which the funds are transferred.’’.
apply to a public-private partnership agreement by the Secretary.
SEC. 11508.REQUIREMENTS FOR TRANSPOR-
entered into on or after the date of enactment of (3) TECHNICAL ASSISTANCE PROGRAM.—
TATION PROJECTS CARRIED OUT
this Act. (A) IN GENERAL.—The Secretary may provide
THROUGH PUBLIC-PRIVATE PART-
NERSHIPS. technical assistance described in subparagraph
SEC. 11509. RECONNECTING COMMUNITIES PILOT
(a) DEFINITIONS.—In this section: PROGRAM. (B) to an eligible entity.
(1) PROJECT.—The term ‘‘project’’ means a (B) TECHNICAL ASSISTANCE DESCRIBED.—The
(a) DEFINITION OF ELIGIBLE FACILITY.—
technical assistance referred to in subparagraph
project (as defined in section 101 of title 23, (1) IN GENERAL.—In this section, the term ‘‘eli-
(A) is technical assistance in building organiza-
United States Code) that— gible facility’’ means a highway or other trans-
(A) is carried out, in whole or in part, using tional or community capacity—
portation facility that creates a barrier to com-
(i) to engage in transportation planning; and
Federal financial assistance; and munity connectivity, including barriers to mobil- (ii) to identify innovative solutions to infra-
(B) has an estimated total cost of $100,000,000 ity, access, or economic development, due to structure challenges, including reconnecting
or more. high speeds, grade separations, or other design communities that—
(2) PUBLIC-PRIVATE PARTNERSHIP.—The term factors. (I) are bifurcated by eligible facilities; or
‘‘public-private partnership’’ means an agree- (2) INCLUSIONS.—In this section, the term ‘‘eli- (II) lack safe, reliable, and affordable trans-
ment between a public agency and a private en- gible facility’’ may include— portation choices.
tity to finance, build, and maintain or operate (A) a limited access highway; (C) PRIORITIES.—In selecting recipients of
a project. (B) a viaduct; and technical assistance under subparagraph (A),
(b) REQUIREMENTS FOR PROJECTS CARRIED (C) any other principal arterial facility. the Secretary shall give priority to an applica-
OUT THROUGH PUBLIC-PRIVATE PARTNERSHIPS.— (b) ESTABLISHMENT.—The Secretary shall es- tion from a community that is economically dis-
With respect to a public-private partnership, as tablish a pilot program through which an eligi- advantaged.
a condition of receiving Federal financial assist- ble entity may apply for funding, in order to re- (4) SELECTION.—The Secretary shall—
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ance for a project, the Secretary shall require store community connectivity— (A) solicit applications for—
the public partner, not later than 3 years after (1) to study the feasibility and impacts of re- (i) planning grants; and
the date of opening of the project to traffic— moving, retrofitting, or mitigating an existing el- (ii) technical assistance under paragraph (3);
(1) to conduct a review of the project, includ- igible facility; and
ing a review of the compliance of the private (2) to conduct planning activities necessary to (B) evaluate applications for a planning grant
partner with the terms of the public-private design a project to remove, retrofit, or mitigate on the basis of the demonstration by the appli-
partnership agreement; an existing eligible facility; and cant that—
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H5224 CONGRESSIONAL RECORD — HOUSE September 27, 2021
(i) the eligible facility is aged and is likely to (B) MAXIMUM FEDERAL INVOLVEMENT.—Fed- (2) CYBER INCIDENT.—The term ‘‘cyber inci-
need replacement or significant reconstruction eral assistance other than a capital construction dent’’ has the meaning given the term ‘‘inci-
within the 20-year period beginning on the date grant may be used to satisfy the non-Federal dent’’ in section 3552 of title 44, United States
of the submission of the application; share of the cost of a project for which the grant Code.
(ii) the eligible facility— is awarded, except that the total Federal assist- (3) TRANSPORTATION AUTHORITY.—The term
(I) creates barriers to mobility, access, or eco- ance provided for a project for which the grant ‘‘transportation authority’’ means—
nomic development; or is awarded may not exceed 80 percent of the (A) a public authority (as defined in section
(II) is not justified by current and forecast fu- total cost of the project. 101(a) of title 23, United States Code);
ture travel demand; and (7) COMMUNITY ADVISORY BOARD.— (B) an owner or operator of a highway (as de-
(iii) on the basis of preliminary investigations (A) IN GENERAL.—To help achieve inclusive fined in section 101(a) of title 23, United States
into the feasibility of removing, retrofitting, or economic development benefits with respect to Code);
mitigating the eligible facility to restore commu- the project for which a grant is awarded, a (C) a manufacturer that manufactures a prod-
nity connectivity, further investigation is nec- grant recipient may form a community advisory uct related to transportation; and
essary and likely to be productive. board, which shall— (D) a division office of the Federal Highway
(5) AWARD AMOUNTS.—A planning grant may (i) facilitate community engagement with re- Administration.
not exceed $2,000,000 per recipient. spect to the project; and (b) CYBERSECURITY TOOL.—
(6) FEDERAL SHARE.—The total Federal share (ii) track progress with respect to commitments (1) IN GENERAL.—Not later than 2 years after
of the cost of a planning activity for which a of the grant recipient to inclusive employment, the date of enactment of this Act, the Adminis-
planning grant is used shall not exceed 80 per- contracting, and economic development under trator shall develop a tool to assist transpor-
cent. the project. tation authorities in identifying, detecting, pro-
(d) CAPITAL CONSTRUCTION GRANTS.— (B) MEMBERSHIP.—If a grant recipient forms a tecting against, responding to, and recovering
(1) ELIGIBLE ENTITIES.—The Secretary may community advisory board under subparagraph
from cyber incidents.
award a grant (referred to in this section as a (A), the community advisory board shall be com-
(2) REQUIREMENTS.—In developing the tool
‘‘capital construction grant’’) to the owner of posed of representatives of—
under paragraph (1), the Administrator shall—
an eligible facility to carry out an eligible (i) the community;
(ii) owners of businesses that serve the com- (A) use the cybersecurity framework estab-
project described in paragraph (3) for which all lished by the National Institute of Standards
munity;
necessary feasibility studies and other planning (iii) labor organizations that represent work- and Technology and required by Executive
activities have been completed. ers that serve the community; and Order 13636 of February 12, 2013 (78 Fed. Reg.
(2) PARTNERSHIPS.—An owner of an eligible (iv) State and local government. 11739; relating to improving critical infrastruc-
facility may, for the purposes of submitting an (e) REPORTS.— ture cybersecurity);
application for a capital construction grant, if (1) USDOT REPORT ON PROGRAM.—Not later (B) establish a structured cybersecurity as-
applicable, partner with— than January 1, 2026, the Secretary shall submit sessment and development program;
(A) a State; to the Committee on Environment and Public (C) coordinate with the Transportation Secu-
(B) a unit of local government; Works of the Senate and the Committee on rity Administration and the Cybersecurity and
(C) a Tribal government; Transportation and Infrastructure of the House Infrastructure Security Agency;
(D) a metropolitan planning organization; or of Representatives a report that evaluates the (D) consult with appropriate transportation
(E) a nonprofit organization. program under this section, including— authorities, operating agencies, industry stake-
(3) ELIGIBLE PROJECTS.—A project eligible to (A) information about the level of applicant holders, and cybersecurity experts; and
be carried out with a capital construction grant interest in planning grants, technical assistance (E) provide for a period of public comment
includes— under subsection (c)(3), and capital construction and review on the tool.
(A) the removal, retrofit, or mitigation of an grants, including the extent to which overall de- (c) DESIGNATION OF CYBER COORDINATOR.—
eligible facility; and mand exceeded available funds; and (1) IN GENERAL.—Not later than 2 years after
(B) the replacement of an eligible facility with (B) for recipients of capital construction the date of enactment of this Act, the Adminis-
a new facility that— grants, the outcomes and impacts of the high- trator shall designate an office as a ‘‘cyber coor-
(i) restores community connectivity; and way removal project, including— dinator’’, which shall be responsible for moni-
(ii) is— (i) any changes in the overall level of mobil- toring, alerting, and advising transportation
(I) sensitive to the context of the surrounding ity, congestion, access, and safety in the project authorities of cyber incidents.
community; and area; and
(II) otherwise eligible for funding under title (2) REQUIREMENTS.—The office designated
(ii) environmental impacts and economic de- under paragraph (1) shall, in coordination with
23, United States Code. velopment opportunities in the project area.
(4) SELECTION.—The Secretary shall— the Transportation Security Administration and
(2) GAO REPORT ON HIGHWAY REMOVALS.—Not the Cybersecurity and Infrastructure Security
(A) solicit applications for capital construc- later than 2 years after the date of enactment of
tion grants; and Agency—
this Act, the Comptroller General of the United (A) provide to transportation authorities a se-
(B) evaluate applications on the basis of— States shall issue a report that—
(i) the degree to which the project will improve cure method of notifying the Federal Highway
(A) identifies examples of projects to remove
mobility and access through the removal of bar- Administration of cyber incidents;
highways using Federal highway funds;
riers; (B) share the information collected under sub-
(B) evaluates the effect of highway removal
(ii) the appropriateness of removing, retro- paragraph (A) with the Transportation Security
projects on the surrounding area, including im-
fitting, or mitigating the eligible facility, based Administration and the Cybersecurity and In-
pacts to the local economy, congestion effects,
on current traffic patterns and the ability of the frastructure Security Agency;
safety outcomes, and impacts on the movement
replacement facility and the regional transpor- (C) monitor cyber incidents that affect trans-
of freight and people;
tation network to absorb transportation demand (C) evaluates the existing Federal-aid program portation authorities;
and provide safe mobility and access; eligibility under title 23, United States Code, for (D) alert transportation authorities to cyber
(iii) the impact of the project on freight move- highway removal projects; incidents that affect those transportation au-
ment; (D) analyzes the costs and benefits of and thorities;
(iv) the results of a cost-benefit analysis of the barriers to removing underutilized highways (E) investigate unaddressed cyber incidents
project; that are nearing the end of their useful life com- that affect transportation authorities; and
(v) the opportunities for inclusive economic pared to replacing or reconstructing the high- (F) provide to transportation authorities edu-
development; way; and cational resources, outreach, and awareness on
(vi) the degree to which the eligible facility is (E) provides recommendations for integrating fundamental principles and best practices in cy-
out of context with the current or planned land those assessments into transportation planning bersecurity for transportation systems.
use; and decision-making processes. SEC. 11511. REPORT ON EMERGING ALTERNATIVE
(vii) the results of any feasibility study com- (f) TECHNICAL ASSISTANCE.—Of the funds FUEL VEHICLES AND INFRASTRUC-
pleted for the project; and made available to carry out this section for TURE.
(viii) the plan of the applicant for— planning grants, the Secretary may use not (a) DEFINITIONS.—In this section:
(I) employing residents in the area impacted more than $15,000,000 during the period of fiscal (1) EMERGING ALTERNATIVE FUEL VEHICLE.—
by the project through targeted hiring programs, years 2022 through 2026 to provide technical as- The term ‘‘emerging alternative fuel vehicle’’
in partnership with registered apprenticeship sistance under subsection (c)(3). means a vehicle fueled by hydrogen, natural
programs, if applicable; and (g) TREATMENT OF PROJECTS.—Notwith- gas, or propane.
(II) contracting and subcontracting with dis- standing any other provision of law, a project (2) EMERGING ALTERNATIVE FUELING INFRA-
advantaged business enterprises. assisted under this section shall be treated as a STRUCTURE.—The term ‘‘emerging alternative
(5) MINIMUM AWARD AMOUNTS.—A capital project on a Federal-aid highway under chapter fueling infrastructure’’ means infrastructure for
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construction grant shall be in an amount not 1 of title 23, United States Code. fueling an emerging alternative fuel vehicle.
less than $5,000,000 per recipient. SEC. 11510. CYBERSECURITY TOOL; CYBER COOR- (b) REPORT.—Not later than 1 year after the
(6) FEDERAL SHARE.— DINATOR. date of enactment of this Act, to help guide fu-
(A) IN GENERAL.—Subject to subparagraph (a) DEFINITIONS.—In this section: ture investments for emerging alternative fuel-
(B), a capital construction grant may not exceed (1) ADMINISTRATOR.—The term ‘‘Adminis- ing infrastructure, the Secretary shall submit to
50 percent of the total cost of the project for trator’’ means the Administrator of the Federal Congress and make publicly available a report
which the grant is awarded. Highway Administration. that—
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September 27, 2021 CONGRESSIONAL RECORD — HOUSE H5225
(1) includes an evaluation of emerging alter- (A) State agencies designated by Governors North Carolina, to the interchange with Inter-
native fuel vehicles and projections for potential pursuant to section 206(c)(1) of title 23, United state Route 95 in Dunn, North Carolina.
locations of emerging alternative fuel vehicle States Code, to administer the recreational trails ‘‘(93) The South Mississippi Corridor from the
owners during the 5-year period beginning on program; and Louisiana and Mississippi border near Natchez,
the date of submission of the report; (B) division offices of the Department; Mississippi, to Gulfport, Mississippi, shall gen-
(2) identifies areas where emerging alternative (2) the Secretary of the Treasury; erally follow—
fueling infrastructure will be needed to meet the (3) the Administrator of the Federal Highway ‘‘(A) United States Route 84 from the Lou-
current and future needs of drivers during the Administration; and isiana border at the Mississippi River passing in
5-year period beginning on the date of submis- (4) groups representing recreational activities the vicinity of Natchez, Brookhaven, Monti-
sion of the report; and interests, including hiking, biking and cello, Prentiss, and Collins, Mississippi, to the
(3) identifies specific areas, such as a lack of mountain biking, horseback riding, water trails, logical terminus with Interstate Route 59 in the
pipeline infrastructure, that may impede deploy- snowshoeing, cross-country skiing, vicinity of Laurel, Mississippi, and continuing
ment and adoption of emerging alternative fuel snowmobiling, off-highway motorcycling, all- on Interstate Route 59 south to the vicinity of
vehicles; terrain vehicles and other offroad motorized ve- Hattiesburg, Mississippi; and
(4) includes a map that identifies concentra- hicle activities, and recreational trail advocates. ‘‘(B) United States Route 49 from the vicinity
tions of emerging alternative fuel vehicles to SEC. 11513. BUY AMERICA. of Hattiesburg, Mississippi, south to Interstate
meet the needs of current and future emerging Section 313 of title 23, United States Code, is Route 10 in the vicinity of Gulfport, Mississippi,
alternative fueling infrastructure; amended— following Mississippi Route 601 south and termi-
(5) estimates the future need for emerging al- (1) by redesignating subsection (g) as sub- nating near the Mississippi State Port at Gulf-
ternative fueling infrastructure to support the section (h); and port.
adoption and use of emerging alternative fuel (2) by inserting after subsection (f) the fol- ‘‘(94) The Kosciusko to Gulf Coast corridor
vehicles; and lowing: commencing at the logical terminus of Interstate
(6) includes a tool to allow States to compare ‘‘(g) WAIVERS.— Route 55 near Vaiden, Mississippi, running
and evaluate different adoption and use sce- ‘‘(1) IN GENERAL.—Not less than 15 days before south and passing east of the vicinity of the
narios for emerging alternative fuel vehicles, issuing a waiver under this section, the Sec- Jackson Urbanized Area, connecting to United
with the ability to adjust factors to account for retary shall provide to the public— States Route 49 north of Hattiesburg, Mis-
regionally specific characteristics. ‘‘(A) notice of the proposed waiver; sissippi, and generally following United States
SEC. 11512. NONHIGHWAY RECREATIONAL FUEL ‘‘(B) an opportunity for comment on the pro- Route 49 to a logical connection with Interstate
STUDY. posed waiver; and Route 10 in the vicinity of Gulfport, Mississippi.
(a) DEFINITIONS.—In this section: ‘‘(C) the reasons for the proposed waiver. ‘‘(95) The Interstate Route 22 spur from the vi-
(1) HIGHWAY TRUST FUND.—The term ‘‘High- ‘‘(2) REPORT.—Not less frequently than annu- cinity of Tupelo, Mississippi, running south
way Trust Fund’’ means the Highway Trust ally, the Secretary shall submit to the Committee generally along United States Route 45 to the vi-
Fund established by section 9503(a) of the Inter- on Environment and Public Works of the Senate cinity of Shannon, Mississippi.
nal Revenue Code of 1986. and the Committee on Transportation and In- ‘‘(96) The route that generally follows United
(2) NONHIGHWAY RECREATIONAL FUEL TAXES.— frastructure of the House of Representatives a States Route 412 from its intersection with Inter-
The term ‘‘nonhighway recreational fuel taxes’’ report on the waivers provided under this sec- state Route 35 in Noble County, Oklahoma,
means taxes under section 4041 and 4081 of the tion.’’. passing through Tulsa, Oklahoma, to its inter-
Internal Revenue Code of 1986 with respect to SEC. 11514. HIGH PRIORITY CORRIDORS ON THE section with Interstate Route 49 in Springdale,
fuel used in vehicles on recreational trails or NATIONAL HIGHWAY SYSTEM. Arkansas.
back country terrain (including vehicles reg- (a) HIGH PRIORITY CORRIDORS.—Section ‘‘(97) The Louie B. Nunn Cumberland Ex-
istered for highway use when used on rec- 1105(c) of the Intermodal Surface Transpor- pressway from the interchange with Interstate
reational trails, trail access roads not eligible for tation Efficiency Act of 1991 (Public Law 102– Route 65 in Barren County, Kentucky, east to
funding under title 23, United States Code, or 240; 105 Stat. 2032; 133 Stat. 3018) is amended— the interchange with United States Highway 27
back country terrain). (1) by striking paragraph (84) and inserting in Somerset, Kentucky.
(3) RECREATIONAL TRAILS PROGRAM.—The the following: ‘‘(98) The route that generally follows State
term ‘‘recreational trails program’’ means the ‘‘(84) The Central Texas Corridor, including Route 7 from Grenada, Mississippi, to Holly
recreational trails program under section 206 of the route— Springs, Mississippi, passing in the vicinity of
title 23, United States Code. ‘‘(A) commencing in the vicinity of Texas Coffeeville, Water Valley, Oxford, and Abbe-
(b) ASSESSMENT; REPORT.— Highway 338 in Odessa, Texas, running east- ville, Mississippi, to its logical connection with
(1) ASSESSMENT.—Not later than 1 year after ward generally following Interstate Route 20, Interstate Route 22 in the vicinity of Holly
the date of enactment of this Act and not less connecting to Texas Highway 158 in the vicinity Springs, Mississippi.
frequently than once every 5 years thereafter, as of Midland, Texas, then following Texas High- ‘‘(99) The Central Louisiana Corridor com-
determined by the Secretary, the Secretary shall way 158 eastward to United States Route 87 and mencing at the logical terminus of Louisiana
carry out an assessment of the best available es- then following United States Route 87 south- Highway 8 at the Sabine River Bridge at Burrs
timate of the total amount of nonhighway rec- eastward, passing in the vicinity of San Angelo, Crossing and generally following portions of
reational fuel taxes received by the Secretary of Texas, and connecting to United States Route Louisiana Highway 8 to Leesville, Louisiana,
the Treasury and transferred to the Highway 190 in the vicinity of Brady, Texas; and then eastward on Louisiana Highway 28,
Trust Fund for the period covered by the assess- ‘‘(B) commencing at the intersection of Inter- passing in the vicinity of Alexandria, Pineville,
ment. state Route 10 and United States Route 190 in Walters, and Archie, to the logical terminus of
(2) REPORT.—After carrying out each assess- Pecos County, Texas, and following United United States Route 84 at the Mississippi River
ment under paragraph (1), the Secretary shall States Route 190 to Brady, Texas; Bridge at Vidalia, Louisiana.
submit to the Committees on Finance and Envi- ‘‘(C) following portions of United States Route ‘‘(100) The Central Mississippi Corridor, in-
ronment and Public Works of the Senate and 190 eastward, passing in the vicinity of Fort cluding the route—
the Committees on Ways and Means and Trans- Hood, Killeen, Belton, Temple, Bryan, College ‘‘(A) commencing at the logical terminus of
portation and Infrastructure of the House of Station, Huntsville, Livingston, Woodville, and United States Route 84 at the Mississippi River
Representatives a report that includes— Jasper, to the logical terminus of Texas High- and then generally following portions of United
(A) to assist Congress in determining an ap- way 63 at the Sabine River Bridge at Burrs States Route 84 passing in the vicinity of Natch-
propriate funding level for the recreational Crossing and including a loop generally encir- ez, Brookhaven, Monticello, Prentiss, and Col-
trails program— cling Bryan/College Station, Texas; lins, to Interstate Route 59 in the vicinity of
(i) a description of the results of the assess- ‘‘(D) following United States Route 83 south- Laurel, Mississippi, and continuing on Inter-
ment; and ward from the vicinity of Eden, Texas, to a log- state Route 59 north to Interstate Route 20 and
(ii) an evaluation of whether the current rec- ical connection to Interstate Route 10 at Junc- on Interstate Route 20 to the Mississippi–Ala-
reational trails program funding level reflects tion, Texas; bama State border; and
the amount of nonhighway recreational fuel ‘‘(E) following United States Route 69 from ‘‘(B) commencing in the vicinity of Laurel,
taxes collected and transferred to the Highway Interstate Route 10 in Beaumont, Texas, north Mississippi, running south on Interstate Route
Trust Fund; and to United States Route 190 in the vicinity of 59 to United States Route 98 in the vicinity of
(B) in the case of the first report submitted Woodville, Texas; Hattiesburg, connecting to United States Route
under this paragraph, an estimate of the fre- ‘‘(F) following United States Route 96 from 49 south then following United States Route 49
quency with which the Secretary anticipates Interstate Route 10 in Beaumont, Texas, north south to Interstate Route 10 in the vicinity of
carrying out the assessment under paragraph to United States Route 190 in the vicinity of Jas- Gulfport and following Mississippi Route 601
(1), subject to the condition that such an assess- per, Texas; and southerly terminating near the Mississippi State
ctelli on DSK11ZRN23PROD with HOUSE
ment shall be carried out not less frequently ‘‘(G) following United States Route 190, State Port at Gulfport.
than once every 5 years. Highway 305, and United States Route 385 from ‘‘(101) The Middle Alabama Corridor includ-
(c) CONSULTATION.—In carrying out an assess- Interstate Route 10 in Pecos County, Texas, to ing the route—
ment under subsection (b)(1), the Secretary may Interstate 20 at Odessa, Texas.’’; and ‘‘(A) beginning at the Alabama–Mississippi
consult with, as the Secretary determines to be (2) by adding at the end the following: border generally following portions of I–20 until
appropriate— ‘‘(92) United States Route 421 from the inter- following a new interstate extension paralleling
(1) the heads of— change with Interstate Route 85 in Greensboro, United States Highway 80, specifically—
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H5226 CONGRESSIONAL RECORD — HOUSE September 27, 2021
‘‘(B) crossing Alabama Route 28 near means the route described in paragraph (92) of (3) the result of investments of funding under
Coatopa, Alabama, traveling eastward crossing section 1105(c) of the Intermodal Surface Trans- the program in minority and low-income com-
United States Highway 43 and Alabama Route portation Efficiency Act of 1991 (Public Law munities that are disproportionately affected by
69 near Selma, Alabama, traveling eastwards 102–240; 105 Stat. 2032). ozone, carbon monoxide, and particulate matter;
closely paralleling United States Highway 80 to (2) REPORT.— (4) the effectiveness, with respect to the at-
the south crossing over Alabama Routes 22, 41, (A) IN GENERAL.—Not later than 2 years after tainment or maintenance of national ambient
and 21, until its intersection with I–65 near the date on which the applicable segment is air quality standards under section 109 of the
Hope Hull, Alabama; open for operations as part of the Interstate Clean Air Act (42 U.S.C. 7409) for ozone, carbon
‘‘(C) continuing east along the proposed System, the Comptroller General of the United monoxide, and particulate matter, of perform-
Montgomery Outer Loop south of Montgomery, States shall submit to Congress a report on the ance measures established under section
Alabama where it would next join with I–85 east impact, if any, during that 2-year period of al- 150(c)(5) of title 23, United States Code, and per-
of Montgomery, Alabama; lowing the continuation of weight limits that formance targets established under subsection
‘‘(D) continuing along I–85 east bound until applied before the designation of the applicable (d) of that section for traffic congestion and on-
its intersection with United States Highway 280 segment as a route on the Interstate System. road mobile source emissions;
near Opelika, Alabama or United States High- (B) REQUIREMENTS.—The report under sub- (5) the extent to which there are any types of
way 80 near Tuskegee, Alabama; paragraph (A) shall— projects that are not eligible funding under the
‘‘(E) generally following the most expedient (i) be informed by the views and documenta- program that would be likely to contribute to
route until intersecting with existing United tion provided by the State highway agency (or the attainment or maintenance of the national
States Highway 80 (JR Allen Parkway) through equivalent agency) in the State in which the ap- ambient air quality standards described in para-
Phenix City until continuing into Columbus, plicable segment is located; graph (4); and
Georgia. (ii) describe any impacts on safety and infra- (6) the extent to which projects under the pro-
‘‘(102) The Middle Georgia Corridor including structure on the applicable segment; gram reduce sulfur dioxide, nitrogen dioxide,
the route— (iii) describe any view of the State highway and lead.
‘‘(A) beginning at the Alabama–Georgia Bor- agency (or equivalent agency) in the State in SEC. 11517. ROADSIDE HIGHWAY SAFETY HARD-
der generally following the Fall Line Freeway which the applicable segment is located on the WARE.
from Columbus, Georgia to Augusta, Georgia, impact of the applicable segment; and (a) IN GENERAL.—To the maximum extent
specifically— (iv) focus only on the applicable segment. practicable, the Secretary shall develop a proc-
‘‘(B) travelling along United States Route 80 SEC. 11515. INTERSTATE WEIGHT LIMITS. ess for third party verification of full-scale
(JR Allen Parkway) through Columbus, Georgia Section 127 of title 23, United States Code, is crash testing results from crash test labs, includ-
and near Fort Benning, Georgia, east to Talbot amended— ing a method for formally verifying the testing
County, Georgia where it would follow Georgia (1) in subsection (l)(3)(A)— outcomes and providing for an independent
Route 96, then commencing on Georgia Route (A) in the matter preceding clause (i), in the pass/fail determination. In establishing such a
49C (Fort Valley Bypass) to Georgia Route 49 first sentence, by striking ‘‘clauses (i) through process, the Secretary shall seek to ensure the
(Peach Parkway) to its intersection with Inter- (iv) of this subparagraph’’ and inserting independence of crash test labs by ensuring that
state Route 75 in Byron, Georgia; ‘‘clauses (i) through (v)’’; and those labs have a clear separation between de-
‘‘(C) continuing north along Interstate Route vice development and testing in cases in which
(B) by adding at the end the following:
75 through Warner Robins and Macon, Georgia lab employees test devices that were developed
‘‘(v) The Louie B. Nunn Cumberland Express-
where it would meet Interstate Route 16, then within the parent organization of the employee.
way (to be designated as a spur of Interstate
following Interstate Route 16 east it would next (b) CONTINUED ISSUANCE OF ELIGIBILITY LET-
Route 65) from the interchange with Interstate
join United States Route 80 and then onto State TERS.—Until the implementation of the process
Route 65 in Barren County, Kentucky, east to
Route 57; described in subsection (a) is complete, the Sec-
the interchange with United States Highway 27
‘‘(D) commencing with State Route 57 which
in Somerset, Kentucky.’’; and retary may, and is encouraged to, ensure that
turns into State Route 24 near Milledgeville,
(2) by adding at the end the following: the Administrator of the Federal Highway Ad-
Georgia would then bypass Wrens, Georgia with
‘‘(v) OPERATION OF VEHICLES ON CERTAIN ministration continues to issue Federal-aid reim-
a newly constructed bypass, and after the by-
NORTH CAROLINA HIGHWAYS.—If any segment in bursement eligibility letters for roadside safety
pass it would join United States Route 1 near
the State of North Carolina of United States hardware as a service to States.
Fort Gordon into Augusta, Georgia where it will (c) REPORT TO CONGRESS.—
Route 17, United States Route 29, United States
terminate at Interstate Route 520.’’. (1) IN GENERAL.—If the Secretary seeks to dis-
(b) DESIGNATION AS FUTURE INTERSTATES.— Route 52, United States Route 64, United States
Route 70, United States Route 74, United States continue issuing the letters described in sub-
Section 1105(e)(5)(A) of the Intermodal Surface
Route 117, United States Route 220, United section (b), the Secretary shall submit to the
Transportation Efficiency Act of 1991 (Public
States Route 264, or United States Route 421 is Committee on Environment and Public Works of
Law 102–240; 109 Stat. 597; 133 Stat. 3018) is
designated as a route on the Interstate System, the Senate and the Committee on Transpor-
amended in the first sentence—
a vehicle that could operate legally on that seg- tation and Infrastructure of the House of Rep-
(1) by inserting ‘‘subsection (c)(84),’’ after
ment before the date of such designation may resentatives a report at least 1 year before dis-
‘‘subsection (c)(83),’’; and
(2) by striking ‘‘and subsection (c)(91)’’ and continue to operate on that segment, without re- continuing the letters.
inserting ‘‘subsection (c)(91), subsection (c)(92), gard to any requirement under subsection (a). (2) INCLUSIONS.—The report described in para-
‘‘(w) OPERATION OF VEHICLES ON CERTAIN graph (1) shall include a summary of the third-
subsection (c)(93)(A), subsection (c)(94), sub-
OKLAHOMA HIGHWAYS.—If any segment of the party verification process described in sub-
section (c)(95), subsection (c)(96), subsection
highway referred to in paragraph (96) of section section (a) that will replace the Federal High-
(c)(97), subsection (c)(99), subsection (c)(100),
1105(c) of the Intermodal Surface Transpor- way Administration issuance of eligibility letters
subsection (c)(101), and subsection (c)(102)’’.
(c) NUMBERING OF PARKWAY.—Section tation Efficiency Act of 1991 (Public Law 102– and any other relevant information that the
1105(e)(5)(C)(i) of the Intermodal Surface Trans- 240; 105 Stat. 2032) is designated as a route on Secretary deems necessary.
portation Efficiency Act of 1991 (Public Law the Interstate System, a vehicle that could oper- SEC. 11518. PERMEABLE PAVEMENTS STUDY.
102–240; 109 Stat. 598; 133 Stat. 3018) is amend- ate legally on that segment before the date of (a) IN GENERAL.—Not later than 1 year after
ed— such designation may continue to operate on the date of enactment of this Act, the Secretary
(1) by striking the fifteenth sentence and in- that segment, without any regard to any re- shall carry out a study—
serting the following: ‘‘The route referred to in quirement under this section.’’. (1) to gather existing information on the ef-
subsection (c)(84)(A) is designated as Interstate SEC. 11516. REPORT ON AIR QUALITY IMPROVE- fects of permeable pavements on flood control in
Route I–14 North. The route referred to in sub- MENTS. different contexts, including in urban areas,
section (c)(84)(B) is designated as Interstate (a) IN GENERAL.—Not later than 3 years after and over the lifetime of the permeable pavement;
Route I–14 South. The Bryan/College Station, the date of enactment of this Act, the Comp- (2) to perform research to fill gaps in the exist-
Texas loop referred to in subsection (c)(84)(C) is troller General of the United States shall submit ing information gathered under paragraph (1);
designated as Interstate Route I–214.’’; and a report that evaluates the congestion mitiga- and
(2) by adding at the end the following: ‘‘The tion and air quality improvement program under (3) to develop—
route referred to in subsection (c)(97) is des- section 149 of title 23, United States Code (re- (A) models for the performance of permeable
ignated as Interstate Route I–365. The routes re- ferred to in this section as the ‘‘program’’), to— pavements in flood control; and
ferred to in subsections (c)(84)(C), (c)(99), (1) the Committee on Environment and Public (B) best practices for designing permeable
(c)(100), (c)(101), and (c)(102) are designated as Works of the Senate; and pavement to meet flood control requirements.
Interstate Route I–14. The routes referred to in (2) the Committee on Transportation and In- (b) DATA SURVEY.—In carrying out the study
subparagraphs (D), (E), (F), and (G) of sub- frastructure of the House of Representatives. under subsection (a), the Secretary shall de-
ctelli on DSK11ZRN23PROD with HOUSE
section (c)(84) and subparagraph (B) of sub- (b) CONTENTS.—The evaluation under sub- velop—
section (c)(100) shall each be given separate section (a) shall include an evaluation of— (1) a summary, based on available literature
Interstate route numbers.’’. (1) the reductions of ozone, carbon monoxide, and models, of localized flood control capabili-
(d) GAO REPORT ON DESIGNATION OF SEG- and particulate matter that result from projects ties of permeable pavement that considers long-
MENTS AS PART OF INTERSTATE SYSTEM.— under the program; term performance and cost information; and
(1) DEFINITION OF APPLICABLE SEGMENT.—In (2) the cost-effectiveness of the reductions de- (2) best practices for the design of localized
this subsection, the term ‘‘applicable segment’’ scribed in paragraph (1); flood control using permeable pavement that
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September 27, 2021 CONGRESSIONAL RECORD — HOUSE H5227
considers long-term performance and cost infor- the report of the National Academies of or prevent introduction of or encroachment by
mation. Sciences, Engineering, and Medicine entitled new invasive plants along and in areas adjacent
(c) PUBLICATION.—The Secretary shall make a ‘‘Approaches for Determining and Complying to transportation corridor rights-of-way.
report describing the results of the study under with TMDL Requirements Related to Roadway (c) APPLICATION.—To be eligible to receive a
subsection (a) publicly available. Stormwater Runoff’’ and dated 2019; grant under the program, a State shall submit to
SEC. 11519. EMERGENCY RELIEF PROJECTS. (2) consult with— the Secretary an application at such time, in
(a) DEFINITION OF EMERGENCY RELIEF (A) the Secretary; such manner, and containing such information
PROJECT.—In this section, the term ‘‘emergency (B) the Administrator of the Environmental as the Secretary may require.
relief project’’ means a project carried out under Protection Agency; (d) ELIGIBLE ACTIVITIES.—
the emergency relief program under section 125 (C) the Secretary of the Army, acting through (1) IN GENERAL.—Subject to this subsection, a
of title 23, United States Code. the Chief of Engineers; and State that receives a grant under the program
(b) IMPROVING THE EMERGENCY RELIEF PRO- (D) State departments of transportation; and may use the grant funds to carry out activities
GRAM.—Not later than 90 days after the date of (3) solicit input from— to eliminate or control existing invasive plants
enactment of this Act, the Secretary shall— (A) stakeholders with experience in imple- or prevent introduction of or encroachment by
(1) revise the emergency relief manual of the menting stormwater management practices for new invasive plants along and in areas adjacent
Federal Highway Administration— projects; and to transportation corridor rights-of-way.
(A) to include and reflect the definition of the (B) educational and technical stormwater (2) PRIORITIZATION OF PROJECTS.—In carrying
term ‘‘resilience’’ (as defined in section 101(a) of management groups. out the program, the Secretary shall give pri-
title 23, United States Code); (c) REPORT.—If the Transportation Research ority to projects that utilize revegetation with
(B) to identify procedures that States may use Board enters into an agreement under sub- native plants and wildflowers, including those
to incorporate resilience into emergency relief section (a), not later than 18 months after the that are pollinator-friendly.
projects; and date of enactment of this Act, the Transpor- (3) PROHIBITION ON CERTAIN USES OF FUNDS.—
(C) to encourage the use of Complete Streets tation Research Board shall submit to the Sec- Amounts provided to a State under the program
design principles and consideration of access for retary, the Committee on Environment and Pub- may not be used for costs relating to mowing a
moderate- and low-income families impacted by lic Works of the Senate, and the Committee on transportation corridor right-of-way or the ad-
a declared disaster; Transportation and Infrastructure of the House jacent area unless—
(2) develop best practices for improving the of Representatives a report describing the results (A) mowing is identified as the best means of
use of resilience in— of the study. treatment according to best management prac-
(A) the emergency relief program under sec- SEC. 11521. STORMWATER BEST MANAGEMENT tices; or
tion 125 of title 23, United States Code; and PRACTICES REPORTS. (B) mowing is used in conjunction with an-
(B) emergency relief efforts; (a) DEFINITIONS.—In this section: other treatment.
(1) ADMINISTRATOR.—The term ‘‘Adminis- (4) LIMITATION.—Not more than 10 percent of
(3) provide to division offices of the Federal
the amounts provided to a State under the pro-
Highway Administration and State departments trator’’ means the Administrator of the Federal
gram may be used for the purchase of equip-
of transportation information on the best prac- Highway Administration.
ment.
tices developed under paragraph (2); and (2) BEST MANAGEMENT PRACTICES REPORT.—
(5) ADMINISTRATIVE AND INDIRECT COSTS.—Not
(4) develop and implement a process to track— The term ‘‘best management practices report’’
more than 5 percent of the amounts provided to
(A) the consideration of resilience as part of means—
a State under the program may be used for the
the emergency relief program under section 125 (A) the 2014 report sponsored by the Adminis-
administrative and other indirect costs (such as
of title 23, United States Code; and trator entitled ‘‘Determining the State of the
full time employee salaries, rent, insurance, sub-
(B) the costs of emergency relief projects. Practice in Data Collection and Performance
scriptions, utilities, and office supplies) of car-
SEC. 11520. STUDY ON STORMWATER BEST MAN- Measurement of Stormwater Best Management
rying out eligible activities.
AGEMENT PRACTICES. Practices’’; and
(e) REQUIREMENTS.—
(a) STUDY.—Not later than 180 days after the (B) the 1997 report sponsored by the Adminis-
(1) COORDINATION.—In carrying out eligible
date of enactment of this Act, the Secretary and trator entitled ‘‘Stormwater Best Management
activities with a grant under the program, a
the Administrator of the Environment Protec- Practices in an Ultra-Urban Setting: Selection
State shall coordinate with—
tion Agency shall offer to enter into an agree- and Monitoring’’. (A) units of local government, political sub-
ment with the Transportation Research Board (b) REISSUANCE.—Not later than 1 year after divisions of the State, and Tribal authorities
of the National Academy of Sciences to conduct the date of enactment of this Act, the Adminis- that are carrying out eligible activities in the
a study— trator shall update and reissue each best man- areas to be treated;
(1) to estimate pollutant loads from agement practices report to reflect new informa- (B) local regulatory authorities, in the case of
stormwater runoff from highways and pedes- tion and advancements in stormwater manage- a treatment along or adjacent to a railroad
trian facilities eligible for assistance under title ment. right-of-way; and
23, United States Code, to inform the develop- (c) UPDATES.—Not less frequently than once (C) with respect to the most effective roadside
ment of appropriate total maximum daily load every 5 years after the date on which the Ad- control methods, State and Federal land man-
(as defined in section 130.2 of title 40, Code of ministrator reissues a best management practices agement agencies and any relevant Tribal au-
Federal Regulations (or successor regulations)) report described in subsection (b), the Adminis- thorities.
requirements; trator shall update and reissue the best manage- (2) ANNUAL REPORT.—Not later than 1 year
(2) to provide recommendations regarding the ment practices report until the earlier of the after the date on which a State receives a grant
evaluation and selection by State departments date on which— under the program, and annually thereafter,
of transportation of potential stormwater man- (1) the best management practices report is that State shall provide to the Secretary an an-
agement and total maximum daily load compli- withdrawn; or nual report on the treatments carried out using
ance strategies within a watershed, including (2) the contents of the best management prac- funds from the grant.
environmental restoration and pollution abate- tices report are incorporated (including by ref- (f) FEDERAL SHARE.—
ment carried out under section 328 of title 23, erence) into applicable regulations of the Ad- (1) IN GENERAL.—The Federal share of the cost
United States Code (including any revisions to ministrator. of an eligible activity carried out using funds
law (including regulations) that the Transpor- SEC. 11522. INVASIVE PLANT ELIMINATION PRO- from a grant under the program shall be—
tation Research Board determines to be appro- GRAM. (A) in the case of a project that utilizes re-
priate); and (a) DEFINITIONS.—In this section: vegetation with native plants and wildflowers,
(3) to examine the potential for the Secretary (1) INVASIVE PLANT.—The term ‘‘invasive including those that are pollinator-friendly, 75
to assist State departments of transportation in plant’’ means a nonnative plant, tree, grass, or percent; and
carrying out and communicating stormwater weed species, including, at a minimum, cheat- (B) in the case of any other project not de-
management practices for highways and pedes- grass, Ventenata dubia, medusahead, bulbous scribed in subparagraph (A), 50 percent.
trian facilities that are eligible for assistance bluegrass, Japanese brome, rattail fescue, Japa- (2) CERTAIN FUNDS COUNTED TOWARD NON-FED-
under title 23, United States Code, through in- nese honeysuckle, phragmites, autumn olive, ERAL SHARE.—A State may include amounts ex-
formation-sharing agreements, database assist- Bradford pear, wild parsnip, sericea lespedeza, pended by the State or a unit of local govern-
ance, or an administrative platform to provide spotted knapweed, garlic mustard, and palmer ment in the State to address current invasive
the information described in paragraphs (1) and amaranth. plant populations and prevent future infesta-
(2) to entities issued permits under the Federal (2) PROGRAM.—The term ‘‘program’’ means tion along or in areas adjacent to transportation
Water Pollution Control Act (33 U.S.C. 1251 et the grant program established under subsection corridor rights-of-way in calculating the non-
seq.). (b). Federal share required under the program.
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(b) REQUIREMENTS.—If the Transportation Re- (3) TRANSPORTATION CORRIDOR.—The term (g) FUNDING.—There is authorized to be ap-
search Board enters into an agreement under ‘‘transportation corridor’’ means a road, high- propriated to carry out the program $50,000,000
subsection (a), in conducting the study under way, railroad, or other surface transportation for each of fiscal years 2022 through 2026.
that subsection, the Transportation Research route. SEC. 11523. OVER-THE-ROAD BUS TOLLING EQ-
Board shall— (b) ESTABLISHMENT.—The Secretary shall UITY.
(1) review and supplement, as appropriate, the carry out a program to provide grants to States Section 129(a) of title 23, United States Code,
methodologies examined and recommended in to eliminate or control existing invasive plants is amended—
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H5228 CONGRESSIONAL RECORD — HOUSE September 27, 2021
(1) in paragraph (3)(B)(i), by inserting ‘‘, to- serting ‘‘AN OPERATING ADMINISTRATION OF THE (C) in paragraph (3), by striking ‘‘(25 U.S.C.
gether with the results of the audit under para- DEPARTMENT OF TRANSPORTATION’’; and 458aaa–7)’’ and inserting ‘‘(25 U.S.C. 5388)’’;
graph (9)(C),’’ after ‘‘the audits’’; and (2) in subparagraph (A), by striking ‘‘the Fed- (D) in paragraph (4), by striking ‘‘(25 U.S.C.
(2) in paragraph (9)— eral Highway Administration’’ and inserting 458aaa–9)’’ and inserting ‘‘(25 U.S.C. 5390)’’;
(A) by striking ‘‘An over-the-road’’ and in- ‘‘an operating administration of the Department (E) in paragraph (5), by striking ‘‘(25 U.S.C.
serting the following: of Transportation’’. 458aaa–10)’’ and inserting ‘‘(25 U.S.C. 5391)’’;
‘‘(A) IN GENERAL.—An over-the-road’’; (c) Section 108(c)(3)(F) of title 23, United (F) in paragraph (6), by striking ‘‘(25 U.S.C.
(B) in subparagraph (A) (as so designated), by States Code, is amended— 458aaa–11)’’ and inserting ‘‘(25 U.S.C. 5392)’’;
striking ‘‘public transportation buses’’ and in- (1) by inserting ‘‘of 1969 (42 U.S.C. 4321 et (G) in paragraph (7), by striking ‘‘(25 U.S.C.
serting ‘‘public transportation vehicles’’; and seq.)’’ after ‘‘Policy Act’’; and 458aaa–14)’’ and inserting ‘‘(25 U.S.C. 5395)’’;
(C) by adding at the end the following: (2) by striking ‘‘this Act’’ and inserting ‘‘this (H) in paragraph (8), by striking ‘‘(25 U.S.C.
‘‘(B) REPORTS.— title’’. 458aaa–15)’’ and inserting ‘‘(25 U.S.C. 5396)’’;
‘‘(i) IN GENERAL.—Not later than 90 days after (d) Section 112(b)(2) of title 23, United States and
the date of enactment of this subparagraph, a Code, is amended by striking ‘‘(F) (F) Subpara- (I) in paragraph (9), by striking ‘‘(25 U.S.C.
public authority that operates a toll facility graphs’’ and inserting the following: 458aaa–17)’’ and inserting ‘‘(25 U.S.C. 5398)’’;
shall report to the Secretary any rates, terms, or ‘‘(F) EXCLUSION.—Subparagraphs’’. and
conditions for access to the toll facility by public (e) Section 115(c) of title 23, United States (3) in subsection (m)(2)—
transportation vehicles that differ from the Code, is amended by striking ‘‘section 135(f)’’ (A) by striking ‘‘505’’ and inserting ‘‘501’’; and
rates, terms, or conditions applicable to over- and inserting ‘‘section 135(g)’’. (B) by striking ‘‘(25 U.S.C. 450b; 458aaa)’’ and
the-road buses. (f) Section 130(g) of title 23, United States inserting ‘‘(25 U.S.C. 5304; 5381)’’.
‘‘(ii) UPDATES.—A public authority that oper- Code, is amended— (p) Section 217(d) of title 23, United States
ates a toll facility shall report to the Secretary (1) in the third sentence— Code, is amended by striking ‘‘104(b)(3)’’ and in-
any change to the rates, terms, or conditions for (A) by striking ‘‘and Transportation,’’ and in- serting ‘‘104(b)(4)’’.
access to the toll facility by public transpor- serting ‘‘and Transportation’’; and (q) Section 323(d) of title 23, United States
tation vehicles that differ from the rates, terms, (B) by striking ‘‘thereafter,,’’ and inserting Code, is amended in the matter preceding para-
or conditions applicable to over-the-road buses ‘‘thereafter,’’; and graph (1), in the second sentence, by inserting
by not later than 30 days after the date on (2) in the fifth sentence, by striking ‘‘railroad ‘‘(42 U.S.C. 4321 et seq.)’’ after ‘‘of 1969’’.
which the change takes effect. highway’’ and inserting ‘‘railway-highway’’. (r) Section 325 of title 23, United States Code,
‘‘(iii) PUBLICATION.—The Secretary shall pub- (g) Section 135(g) of title 23, United States is repealed.
lish information reported to the Secretary under Code, is amended— (s) Section 504(g)(6) of title 23, United States
clauses (i) and (ii) on a publicly accessible inter- (1) in paragraph (3), by striking ‘‘opera- Code, is amended by striking ‘‘make grants or
net website. tors),,’’ and inserting ‘‘operators),’’; and to’’ and inserting ‘‘make grants to’’.
‘‘(C) ANNUAL AUDIT.— (2) in paragraph (6)(B), by striking ‘‘5310, (t) The analysis for chapter 3 of title 23,
‘‘(i) IN GENERAL.—A public authority (as de- 5311, 5316, and 5317’’ and inserting ‘‘5310 and United States Code, is amended by striking the
fined in section 101(a)) with jurisdiction over a 5311’’. item relating to section 325.
toll facility shall— (h) Section 139 of title 23, United States Code SEC. 11526. WORKING GROUP ON COVERED RE-
‘‘(I) conduct or have an independent auditor (as amended by section 11301), is amended— SOURCES.
conduct an annual audit of toll facility records (1) in subsection (b)(1), by inserting ‘‘(42 (a) DEFINITIONS.—In this section:
to verify compliance with this paragraph; and U.S.C. 4321 et seq.)’’ after ‘‘of 1969’’; (1) COVERED RESOURCE.—The term ‘‘covered
‘‘(II) report the results of the audit, together (2) in subsection (c), by inserting ‘‘(42 U.S.C. resource’’ means a common variety material
with the results of the audit under paragraph 4321 et seq.)’’ after ‘‘of 1969’’ each place it ap- used in transportation infrastructure construc-
(3)(B), to the Secretary. pears; and tion and maintenance, including stone, sand,
‘‘(ii) RECORDS.—After providing reasonable (3) in subsection (k)(2), by inserting ‘‘(42 and gravel.
notice, a public authority described in clause (i) U.S.C. 4321 et seq.)’’ after ‘‘of 1969’’. (2) STATE.—The term ‘‘State’’ means each of
shall make all records of the public authority (i) Section 140(a) of title 23, United States the several States, the District of Columbia, and
pertaining to the toll facility available for audit Code, is amended, in the third sentence, by in- each territory or possession of the United States.
by the Secretary. serting a comma after ‘‘Secretary’’. (3) WORKING GROUP.—The term ‘‘Working
‘‘(iii) NONCOMPLIANCE.—If the Secretary de- (j) Section 148(i)(2)(D) of title 23, United Group’’ means the working group established
termines that a public authority described in States Code, is amended by striking ‘‘safety under subsection (b).
clause (i) has not complied with this paragraph, safety’’ and inserting ‘‘safety’’. (b) ESTABLISHMENT.—Not later than 120 days
the Secretary may require the public authority (k) Section 166(a)(1) of title 23, United States after the date of enactment of this Act, the Sec-
to discontinue collecting tolls until an agree- Code, is amended by striking the paragraph des- retary shall establish a working group to con-
ment with the Secretary is reached to achieve ignation and heading and all that follows duct a study on access to covered resources for
compliance.’’. through ‘‘A public authority’’ and inserting the infrastructure projects.
following: (c) MEMBERSHIP.—
SEC. 11524. BRIDGE TERMINOLOGY.
‘‘(1) AUTHORITY OF PUBLIC AUTHORITIES.—A (1) APPOINTMENT.—The Secretary shall ap-
(a) CONDITION OF NHS BRIDGES.—Section public authority’’. point to the Working Group individuals with
119(f)(2) of title 23, United States Code, is (l) Section 201(c)(6)(A)(ii) of title 23, United knowledge and expertise in the production and
amended by striking ‘‘structurally deficient’’ States Code, is amended by striking ‘‘(25 U.S.C. transportation of covered resources.
each place it appears and inserting ‘‘in poor 450 et seq.)’’ and inserting ‘‘(25 U.S.C. 5301 et (2) REPRESENTATION.—The Working Group
condition’’. seq.)’’. shall include not less than 1 representative of
(b) NATIONAL BRIDGE AND TUNNEL INVEN- (m) Section 202 of title 23, United States Code, each of the following:
TORIES.—Section 144(b)(5) of title 23, United is amended— (A) State departments of transportation.
States Code, is amended by striking ‘‘struc- (1) by striking ‘‘(25 U.S.C. 450 et seq.)’’ each (B) State agencies associated with covered re-
turally deficient bridge’’ and inserting ‘‘bridge place it appears and inserting ‘‘(25 U.S.C. 5301 sources protection.
classified as in poor condition’’. et seq.)’’; (C) State planning and geologic survey and
(c) TRIBAL TRANSPORTATION FACILITY (2) in subsection (a)(10)(B), by striking ‘‘(25 mapping agencies.
BRIDGES.—Section 202(d) of title 23, United U.S.C. 450e(b))’’ and inserting ‘‘(25 U.S.C. (D) Commercial motor vehicle operators, in-
States Code, is amended— 5307(b))’’; and cluding small business operators and operators
(1) in paragraph (1), by striking ‘‘deficient (3) in subsection (b)(5), in the matter pre- who transport covered resources.
bridges eligible for the tribal transportation pro- ceding subparagraph (A), by inserting ‘‘the’’ (E) Covered resources producers.
gram’’ and inserting ‘‘bridges eligible for the after ‘‘agreement under’’. (F) Construction contractors.
tribal transportation program classified as in (n) Section 206(d)(2)(G) of title 23, United (G) Labor organizations.
poor condition, having low load capacity, or States Code, is amended by striking ‘‘use of rec- (H) Metropolitan planning organizations and
needing geometric improvements’’; and reational trails’’ and inserting ‘‘uses of rec- regional planning organizations.
(2) in paragraph (3)(C), by striking ‘‘struc- reational trails’’. (I) Indian Tribes, including Tribal elected
turally deficient or functionally obsolete’’ and (o) Section 207 of title 23, United States Code, leadership or Tribal transportation officials.
inserting ‘‘classified as in poor condition, hav- is amended— (J) Any other stakeholders that the Secretary
ing a low load capacity, or needing geometric (1) in subsection (g)— determines appropriate.
improvements’’. (A) by striking ‘‘(25 U.S.C. 450j–1)’’ and in- (3) TERMINATION.—The Working Group shall
SEC. 11525. TECHNICAL CORRECTIONS. serting ‘‘(25 U.S.C. 5325)’’; and terminate 180 days after the date on which the
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(a) Section 101(b)(1) of title 23, United States (B) by striking ‘‘(25 U.S.C. 450j–1(f))’’ and in- Secretary receives the report under subsection
Code, is amended by inserting ‘‘Highways’’ after serting ‘‘(25 U.S.C. 5325(f))’’; (f)(1).
‘‘and Defense’’. (2) in subsection (l)— (d) DUTIES.—In carrying out the study re-
(b) Section 104(f)(3) of title 23, United States (A) in paragraph (1), by striking ‘‘(25 U.S.C. quired under subsection (b), the Working Group
Code, is amended— 458aaa–5)’’ and inserting ‘‘(25 U.S.C. 5386)’’; shall analyze—
(1) in the paragraph heading, by striking (B) in paragraph (2), by striking ‘‘(25 U.S.C. (1) the use of covered resources in transpor-
‘‘FEDERAL HIGHWAY ADMINISTRATION’’ and in- 458aaa–6)’’ and inserting ‘‘(25 U.S.C. 5387)’’; tation projects funded with Federal dollars;
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September 27, 2021 CONGRESSIONAL RECORD — HOUSE H5229
(2) how the proximity of covered resources to plan that describes the pollinator-friendly prac- ‘‘(i) TECHNICAL ASSISTANCE.—On request of an
such projects affects the cost and environmental tices that the eligible entity has implemented or eligible entity that receives a grant under this
impact of those projects; plans to implement, including— section, the Secretary shall provide technical as-
(3) whether and how State, Tribal, and local ‘‘(A) practices relating to mowing strategies sistance with the implementation, improvement,
transportation and planning agencies consider that promote early successional vegetation and or further development of a plan under sub-
covered resources when developing transpor- limit disturbance during periods of highest use section (d).
tation projects; and by target pollinator species on roadsides and ‘‘(j) ADMINISTRATIVE COSTS.—For each fiscal
(4) any challenges for transportation project highway rights-of-way, such as— year, the Secretary may use not more than 2
sponsors regarding access and proximity to cov- ‘‘(i) reducing the mowing swath outside of the percent of the amounts made available to carry
ered resources. State-designated safety zone; out this section for the administrative costs of
(e) CONSULTATION.—In carrying out the study ‘‘(ii) increasing the mowing height; carrying out this section.
required under subsection (b), the Working ‘‘(iii) reducing the mowing frequency; ‘‘(k) REPORT.—Not later than 1 year after the
Group shall consult with, as appropriate— ‘‘(iv) refraining from mowing monarch and date on which the first grant is provided under
(1) chief executive officers of States; other pollinator habitat during periods in which this section, the Secretary shall submit to the
(2) State, Tribal, and local transportation and monarchs or other pollinators are present; Committee on Environment and Public Works of
planning agencies; ‘‘(v) use of a flushing bar and cutting at re- the Senate and the Committee on Transpor-
(3) other relevant State, Tribal, and local duced speeds to reduce pollinator deaths due to tation and Infrastructure of the House of Rep-
agencies, including State agencies associated mowing; or resentatives a report on the implementation of
with covered resources protection; ‘‘(vi) reducing raking along roadsides and the program under this section.
(4) members of the public with industry expe- highway rights-of-way; ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—
rience with respect to covered resources; ‘‘(B) implementation of an integrated vegeta- ‘‘(1) IN GENERAL.—There is authorized to be
(5) other Federal entities that provide funding tion management plan that includes approaches appropriated to carry out this section $2,000,000
for transportation projects; and such as mechanical tree and brush removal, tar- for each of fiscal years 2022 through 2026.
(6) any other stakeholder the Working Group geted and judicious use of herbicides, and mow- ‘‘(2) AVAILABILITY.—Amounts made available
determines appropriate. ing, to address weed issues on roadsides and under this section shall remain available for a
(f) REPORTS.— highway rights-of-way; period of 3 years after the last day of the fiscal
(1) WORKING GROUP REPORT.—Not later than 2 ‘‘(C) planting or seeding of native, locally-ap- year for which the funds are authorized.’’.
years after the date on which the Working propriate grasses and wildflowers, including (b) CLERICAL AMENDMENT.—The analysis for
Group is established, the Working Group shall milkweed, on roadsides and highway rights-of- chapter 3 of title 23, United States Code (as
submit to the Secretary a report that includes— way to enhance pollinator habitat, including amended by section 11309(b)), is amended by
(A) the findings of the study required under larval host plants; adding at the end the following:
subsection (b), including a summary of com- ‘‘(D) removing nonnative grasses from plant- ‘‘332. Pollinator-friendly practices on roadsides
ments received during the consultation process ing and seeding mixes, except for use as nurse or and highway rights-of-way.’’.
under subsection (e); and cover crops; SEC. 11529. ACTIVE TRANSPORTATION INFRA-
(B) any recommendations to preserve access to ‘‘(E) obtaining expert training or assistance STRUCTURE INVESTMENT PROGRAM.
and reduce the costs and environmental impacts on pollinator-friendly practices, including— (a) IN GENERAL.—Subject to the availability of
of covered resources for infrastructure projects. ‘‘(i) native plant identification; appropriations, the Secretary shall carry out an
(2) DEPARTMENTAL REPORT.—Not later than 90 ‘‘(ii) establishment and management of lo- active transportation infrastructure investment
days after the date on which the Secretary re- cally-appropriate native plants that benefit pol- program to make grants, on a competitive basis,
ceives the report under paragraph (1), the Sec- linators; to eligible organizations to construct eligible
retary shall submit to the Committee on Trans- ‘‘(iii) land management practices that benefit projects to provide safe and connected active
portation and Infrastructure of the House of pollinators; and transportation facilities in an active transpor-
Representatives and the Committee on Environ- ‘‘(iv) pollinator-focused integrated vegetation tation network or active transportation spine.
ment and Public Works of the Senate a sum- management; or (b) APPLICATION.—
mary of the findings under the report and any ‘‘(F) any other pollinator-friendly practices (1) IN GENERAL.—To be eligible to receive a
recommendations, as appropriate. the Secretary determines to be appropriate. grant under this section, an eligible organiza-
SEC. 11527. BLOOD TRANSPORT VEHICLES. ‘‘(2) COORDINATION.—In developing a plan tion shall submit to the Secretary an application
Section 166(b) of title 23, United States Code, under paragraph (1), an eligible entity that is a in such manner and containing such informa-
is amended by adding at the end the following: State department of transportation or a Federal tion as the Secretary may require.
‘‘(6) BLOOD TRANSPORT VEHICLES.—The public land management agency shall coordinate with (2) ELIGIBLE PROJECTS PARTIALLY ON FEDERAL
authority may allow blood transport vehicles applicable State agencies, including State agen- LAND.—With respect to an application for an el-
that are transporting blood between a collection cies with jurisdiction over agriculture and fish igible project that is located in part on Federal
point and a hospital or storage center to use the and wildlife. land, an eligible organization shall enter into a
HOV facility if the public authority establishes ‘‘(3) CONSULTATION.—In developing a plan cooperative agreement with the appropriate
requirements for clearly identifying such vehi- under paragraph (1)— Federal agency with jurisdiction over such land
cles.’’. ‘‘(A) an eligible entity that is a State depart- to submit an application described in paragraph
ment of transportation or a Federal land man- (1).
SEC. 11528. POLLINATOR-FRIENDLY PRACTICES
ON ROADSIDES AND HIGHWAY
agement agency shall consult with affected or (c) APPLICATION CONSIDERATIONS.—In making
RIGHTS-OF-WAY. interested Indian tribes; and a grant for construction of an active transpor-
(a) IN GENERAL.—Chapter 3 of title 23, United ‘‘(B) any eligible entity may consult with non- tation network or active transportation spine
States Code (as amended by section 11309(a)), is profit organizations, institutions of higher edu- under this section, the Secretary shall consider
amended by adding at the end the following: cation, metropolitan planning organizations, the following:
and any other relevant entities. (1) Whether the eligible organization sub-
‘‘§ 332. Pollinator-friendly practices on road- ‘‘(e) AWARD OF GRANTS.— mitted a plan for an eligible project for the de-
sides and highway rights-of-way ‘‘(1) IN GENERAL.—The Secretary shall provide velopment of walking and bicycling infrastruc-
‘‘(a) IN GENERAL.—The Secretary shall estab- a grant to each eligible entity that submits an ture that is likely to provide substantial addi-
lish a program to provide grants to eligible enti- application under subsection (c), including a tional opportunities for walking and bicycling,
ties to carry out activities to benefit pollinators plan under subsection (d), that the Secretary including effective plans—
on roadsides and highway rights-of-way, in- determines to be satisfactory. (A) to create an active transportation network
cluding the planting and seeding of native, lo- ‘‘(2) AMOUNT OF GRANTS.—The amount of a connecting destinations within or between com-
cally-appropriate grasses and wildflowers, in- grant under this section— munities, including schools, workplaces, resi-
cluding milkweed. ‘‘(A) shall be based on the number of polli- dences, businesses, recreation areas, and other
‘‘(b) ELIGIBLE ENTITIES.—An entity eligible to nator-friendly practices the eligible entity has community areas, or create an active transpor-
receive a grant under this section is— implemented or plans to implement; and tation spine connecting two or more commu-
‘‘(1) a State department of transportation; ‘‘(B) shall not exceed $150,000. nities, metropolitan regions, or States; and
‘‘(2) an Indian tribe; or ‘‘(f) USE OF FUNDS.—An eligible entity that (B) to integrate active transportation facilities
‘‘(3) a Federal land management agency. receives a grant under this section shall use the with transit services, where available, to im-
‘‘(c) APPLICATION.—To be eligible to receive a funds for the implementation, improvement, or prove access to public transportation.
grant under this section, an eligible entity shall further development of the plan under sub- (2) Whether the eligible organization dem-
submit to the Secretary an application at such section (d). onstrates broad community support through—
time, in such manner, and containing such in- ‘‘(g) FEDERAL SHARE.—The Federal share of (A) the use of public input in the development
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formation as the Secretary may require, includ- the cost of an activity carried out with a grant of transportation plans; and
ing a pollinator-friendly practices plan de- under this section shall be 100 percent. (B) the commitment of community leaders to
scribed in subsection (d). ‘‘(h) BEST PRACTICES.—The Secretary shall the success and timely implementation of an eli-
‘‘(d) POLLINATOR-FRIENDLY PRACTICES develop and make available to eligible entities gible project.
PLAN.— best practices for, and a priority ranking of, pol- (3) Whether the eligible organization provides
‘‘(1) IN GENERAL.—An eligible entity shall in- linator-friendly practices on roadsides and high- evidence of commitment to traffic safety, regula-
clude in the application under subsection (c) a way rights-of-way. tions, financial incentives, or community design
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H5230 CONGRESSIONAL RECORD — HOUSE September 27, 2021
policies that facilitate significant increases in (1) INTERIM REPORT.—Not later than Sep- the Indian Self-Determination and Education
walking and bicycling. tember 30, 2024, the Secretary shall submit to Assistance Act (25 U.S.C. 5304).
(4) The extent to which the eligible organiza- Congress a report containing the information (8) TOTAL PROJECT COST.—The term ‘‘total
tion demonstrates commitment of State, local, or described in paragraph (3). project cost’’ means the sum total of all costs in-
eligible Federal matching funds, and land or in- (2) FINAL REPORT.—Not later than September curred in the development of an eligible project
kind contributions, in addition to the local 30, 2026, the Secretary shall submit to Congress that are approved by the Secretary as reason-
match required under subsection (f)(1), unless a report containing the information described in able and necessary, including—
the applicant qualifies for an exception under paragraph (3). (A) the cost of acquiring real property;
subsection (f)(2). (3) REPORT INFORMATION.—A report submitted (B) the cost of site preparation, demolition,
(5) The extent to which the eligible organiza- under this subsection shall contain the fol- and development;
tion demonstrates that the grant will address ex- lowing, with respect to the period covered by the (C) expenses related to the issuance of bonds
isting disparities in bicyclist and pedestrian fa- applicable report: or notes;
tality rates based on race or income level or pro- (A) A list of grants made under this section. (D) fees in connection with the planning, exe-
vide access to jobs and services for low-income (B) Best practices of eligible organizations cution, and financing of the eligible project;
communities and disadvantaged communities. that receive grants under this section in imple- (E) the cost of studies, surveys, plans, permits,
(6) Whether the eligible organization dem- menting eligible projects. insurance, interest, financing, tax, and assess-
onstrates how investment in active transpor- (C) Impediments experienced by eligible orga- ments;
tation will advance safety for pedestrians and nizations that receive grants under this section
(F) the cost of construction, rehabilitation, re-
cyclists, accessibility to jobs and key destina- in developing and shifting to active transpor-
construction, and equipping the eligible project;
tions, economic competitiveness, environmental tation.
(G) the cost of land improvements;
protection, and quality of life. (i) RULE REQUIRED.—Not later than 1 year
after the date of enactment of this Act, the Sec- (H) contractor fees;
(d) USE OF FUNDS.—
(1) IN GENERAL.—Of the amounts made avail- retary shall issue a final rule that encourages (I) the cost of training and education related
able to carry out this section and subject to the use of the programmatic categorical exclu- to the safety of users of any bicycle or pedes-
paragraphs (2) and (3), the Secretary shall obli- sion, expedited procurement techniques, and trian network or spine constructed as part of an
gate— other best practices to facilitate productive and eligible project; and
(A) not less than 30 percent to eligible projects timely expenditures for eligible projects that are (J) any other cost that the Secretary deter-
that construct active transportation networks small, low-impact, and constructed within an mines is necessary and reasonable.
that connect people with public transportation, existing built environment. SEC. 11530. HIGHWAY COST ALLOCATION STUDY.
businesses, workplaces, schools, residences, (j) AUTHORIZATION OF APPROPRIATIONS.— (a) IN GENERAL.—Not later than 4 years after
recreation areas, and other community activity (1) IN GENERAL.—There is authorized to be ap- the date of enactment of this Act, the Secretary,
centers; and propriated to the Secretary to carry out this sec- in coordination with State departments of trans-
(B) not less than 30 percent to eligible projects tion $200,000,000 for each of fiscal years 2022 portation, shall carry out a highway cost allo-
that construct active transportation spines. through 2026. cation study to determine the direct costs of
(2) PLANNING AND DESIGN GRANTS.—Each fis- (2) AVAILABILITY.—The amounts made avail- highway use by various types of users.
cal year, the Secretary shall set aside not less able to carry out this section shall remain avail- (b) INCLUSIONS.—The study under subsection
than $3,000,000 of the funds made available to able until expended. (a) shall include an examination of—
carry out this section to provide planning grants (k) TREATMENT OF PROJECTS.—Notwith- (1) the Federal costs occasioned in the design,
for eligible organizations to develop plans for standing any other provision of law, a project construction, rehabilitation, and maintenance
active transportation networks and active trans- assisted under this section shall be treated as a of Federal-aid highways by—
portation spines. project on a Federal-aid highway under chapter (A) the use of vehicles of different dimensions,
(3) ADMINISTRATIVE COSTS.—Each fiscal year, 1 of title 23, United States Code. weights, number of axles, and other specifica-
the Secretary shall set aside not more than (l) DEFINITIONS.—In this section: tions; and
$2,000,000 of the funds made available to carry (1) ACTIVE TRANSPORTATION.—The term ‘‘ac- (B) the frequency of those vehicles in the traf-
out this section to cover the costs of administra- tive transportation’’ means mobility options fic stream;
tion, research, technical assistance, communica- powered primarily by human energy, including (2) the safety-, emissions-, congestion-, and
tions, and training activities under the program. bicycling and walking. noise-related costs of highway use by various
(4) LIMITATION ON STATUTORY CONSTRUC- (2) ACTIVE TRANSPORTATION NETWORK.—The types of users, and other costs as determined by
TION.—Nothing in this subsection prohibits an term ‘‘active transportation network’’ means fa- the Secretary; and
eligible organization from receiving research or cilities built for active transportation, including (3) the proportionate share of the costs de-
other funds under title 23 or 49, United States sidewalks, bikeways, and pedestrian and bicycle scribed in paragraph (1) that are attributable to
Code. trails, that connect between destinations within each class of highway users.
(e) GRANT TIMING.— a community or metropolitan region. (c) REQUIREMENTS.—In carrying out the study
(1) REQUEST FOR APPLICATION.—Not later (3) ACTIVE TRANSPORTATION SPINE.—The term under subsection (a), the Secretary shall—
than 30 days after funds are made available to ‘‘active transportation spine’’ means facilities
(1) ensure that the study examines only direct
carry out this section for a fiscal year, the Sec- built for active transportation, including side-
costs of highway use;
retary shall publish in the Federal Register a re- walks, bikeways, and pedestrian and bicycle
quest for applications for grants under this sec- (2) capture the various driving conditions in
trails that connect between communities, metro-
tion for that fiscal year. different geographic areas of the United States;
politan regions, or States.
(2) SELECTION OF GRANT RECIPIENTS.—Not (3) to the maximum extent practicable, distin-
(4) COMMUNITY.—The term ‘‘community’’
later than 150 days after funds are made avail- guish between costs directly occasioned by a
means a geographic area that is
able to carry out this section for a fiscal year, highway user class and costs occasioned by all
socioeconomically interdependent and may in-
the Secretary shall select grant recipients of highway user classes; and
clude rural, suburban, and urban jurisdictions.
grants under this section for that fiscal year. (5) ELIGIBLE ORGANIZATION.—The term ‘‘eligi- (4) compare the costs occasioned by various
(f) FEDERAL SHARE.— ble organization’’ means— highway user classes with the user fee revenue
(1) IN GENERAL.—Except as provided in para- (A) a local or regional governmental organiza- contributed to the Highway Trust Fund by
graph (2), the Federal share of the cost of an el- tion, including a metropolitan planning organi- those highway user classes.
igible project carried out using a grant under zation or regional planning organization or (d) REPORTS.—
this section shall not exceed 80 percent of the council; (1) INTERIM REPORTS.—Not less frequently
total project cost. (B) a multicounty special district; than annually during the period during which
(2) EXCEPTION FOR DISADVANTAGED COMMU- (C) a State; the Secretary is carrying out the study under
NITIES.—For eligible projects serving commu- (D) a multistate group of governments; or subsection (a), the Secretary shall submit to
nities with a poverty rate of over 40 percent (E) an Indian tribe. Congress an interim report on the progress of
based on the majority of census tracts served by (6) ELIGIBLE PROJECT.—The term ‘‘eligible the study.
the eligible project, the Secretary may increase project’’ means an active transportation project (2) FINAL REPORT.—On completion of the
the Federal share of the cost of the eligible or group of projects— study under subsection (a), the Secretary shall
project up to 100 percent of the total project (A) within or between a community or group submit to Congress a final report on the results
cost. of communities, at least one of which falls with- of the study, including the recommendations
(g) ASSISTANCE TO INDIAN TRIBES.—In car- in the jurisdiction of an eligible organization, under subsection (e).
rying out this section, the Secretary may enter which has submitted an application under this (e) RECOMMENDATIONS.—On completion of the
into grant agreements, self-determination con- section; and study under subsection (a), the Secretary, in co-
ctelli on DSK11ZRN23PROD with HOUSE
tracts, and self-governance compacts under the (B) that has— ordination with the Secretary of the Treasury,
Indian Self-Determination and Education As- (i) a total cost of not less than $15,000,000; or shall develop recommendations for a set of rev-
sistance Act (25 U.S.C. 5301 et seq.) with Indian (ii) with respect to planning and design enue options to fully cover the costs occasioned
tribes that are eligible organizations, and such grants, planning and design costs of not less by highway users, including recommendations
agreements, contracts, and compacts shall be than $100,000. for—
administered in accordance with that Act. (7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ (1) changes to existing revenue streams; and
(h) REPORTS.— has the meaning given the term in section 4 of (2) new revenue streams based on user fees.
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