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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/, SHA-256 a2fa30546e30a9541cfbca34574d8753d1396cb3c0c72a00826bc57a7c70ca72.

Full text

                                                         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.




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                                            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




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                                            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.




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                                                          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.




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                                            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




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                                            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




ctelli on DSK11ZRN23PROD with HOUSE
                                            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




ctelli on DSK11ZRN23PROD with HOUSE
                                               ‘‘(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-




ctelli on DSK11ZRN23PROD with HOUSE
                                               (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,




ctelli on DSK11ZRN23PROD with HOUSE
                                            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




ctelli on DSK11ZRN23PROD with HOUSE
                                                                                                       ‘‘(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




ctelli on DSK11ZRN23PROD with HOUSE
                                            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-




ctelli on DSK11ZRN23PROD with HOUSE
                                               ‘‘(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




ctelli on DSK11ZRN23PROD with HOUSE
                                            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




ctelli on DSK11ZRN23PROD with HOUSE
                                                                                                    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.




ctelli on DSK11ZRN23PROD with HOUSE
                                            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




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                                            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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