Pub. L. 117–58, Infrastructure Investment and Jobs Act
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 429
Public Law 117–58
117th Congress
An Act
To authorize funds for Federal-aid highways, highway safety programs, and transit Nov. 15, 2021
programs, and for other purposes. [H.R. 3684]
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, Infrastructure
Investment and
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Jobs Act.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Infrastructure 23 USC 101 note.
Investment and Jobs Act’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References.
DIVISION A—SURFACE TRANSPORTATION
Sec. 10001. Short title.
Sec. 10002. Definitions.
Sec. 10003. Effective date.
TITLE I—FEDERAL-AID HIGHWAYS
Subtitle A—Authorizations and Programs
Sec. 11101. Authorization of appropriations.
Sec. 11102. Obligation ceiling.
Sec. 11103. Definitions.
Sec. 11104. Apportionment.
Sec. 11105. National highway performance program.
Sec. 11106. Emergency relief.
Sec. 11107. Federal share payable.
Sec. 11108. Railway-highway grade crossings.
Sec. 11109. Surface transportation block grant program.
Sec. 11110. Nationally significant freight and highway projects.
Sec. 11111. Highway safety improvement program.
Sec. 11112. Federal lands transportation program.
Sec. 11113. Federal lands access program.
Sec. 11114. National highway freight program.
Sec. 11115. Congestion mitigation and air quality improvement program.
Sec. 11116. Alaska Highway.
Sec. 11117. Toll roads, bridges, tunnels, and ferries.
Sec. 11118. Bridge investment program.
Sec. 11119. Safe routes to school.
Sec. 11120. Highway use tax evasion projects.
Sec. 11121. Construction of ferry boats and ferry terminal facilities.
Sec. 11122. Vulnerable road user research.
Sec. 11123. Wildlife crossing safety.
Sec. 11124. Consolidation of programs.
Sec. 11125. GAO report.
Sec. 11126. Territorial and Puerto Rico highway program.
Sec. 11127. Nationally significant Federal lands and Tribal projects program.
Sec. 11128. Tribal high priority projects program.
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Sec. 11129. Standards.
Sec. 11130. Public transportation.
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135 STAT. 430 PUBLIC LAW 117–58—NOV. 15, 2021
Sec. 11131. Reservation of certain funds.
Sec. 11132. Rural surface transportation grant program.
Sec. 11133. Bicycle transportation and pedestrian walkways.
Sec. 11134. Recreational trails program.
Sec. 11135. Updates to Manual on Uniform Traffic Control Devices.
Subtitle B—Planning and Performance Management
Sec. 11201. Transportation planning.
Sec. 11202. Fiscal constraint on long-range transportation plans.
Sec. 11203. State human capital plans.
Sec. 11204. Prioritization process pilot program.
Sec. 11205. Travel demand data and modeling.
Sec. 11206. Increasing safe and accessible transportation options.
Subtitle C—Project Delivery and Process Improvement
Sec. 11301. Codification of One Federal Decision.
Sec. 11302. Work zone process reviews.
Sec. 11303. Transportation management plans.
Sec. 11304. Intelligent transportation systems.
Sec. 11305. Alternative contracting methods.
Sec. 11306. Flexibility for projects.
Sec. 11307. Improved Federal-State stewardship and oversight agreements.
Sec. 11308. Geomatic data.
Sec. 11309. Evaluation of projects within an operational right-of-way.
Sec. 11310. Preliminary engineering.
Sec. 11311. Efficient implementation of NEPA for Federal land management
projects.
Sec. 11312. National Environmental Policy Act of 1969 reporting program.
Sec. 11313. Surface transportation project delivery program written agreements.
Sec. 11314. State assumption of responsibility for categorical exclusions.
Sec. 11315. Early utility relocation prior to transportation project environmental
review.
Sec. 11316. Streamlining of section 4(f) reviews.
Sec. 11317. Categorical exclusion for projects of limited Federal assistance.
Sec. 11318. Certain gathering lines located on Federal land and Indian land.
Sec. 11319. Annual report.
Subtitle D—Climate Change
Sec. 11401. Grants for charging and fueling infrastructure.
Sec. 11402. Reduction of truck emissions at port facilities.
Sec. 11403. Carbon reduction program.
Sec. 11404. Congestion relief program.
Sec. 11405. Promoting Resilient Operations for Transformative, Efficient, and Cost-
saving Transportation (PROTECT) program.
Sec. 11406. Healthy Streets program.
Subtitle E—Miscellaneous
Sec. 11501. Additional deposits into Highway Trust Fund.
Sec. 11502. Stopping threats on pedestrians.
Sec. 11503. Transfer and sale of toll credits.
Sec. 11504. Study of impacts on roads from self-driving vehicles.
Sec. 11505. Disaster relief mobilization study.
Sec. 11506. Appalachian Regional Commission.
Sec. 11507. Denali Commission.
Sec. 11508. Requirements for transportation projects carried out through public-pri-
vate partnerships.
Sec. 11509. Reconnecting communities pilot program.
Sec. 11510. Cybersecurity tool; cyber coordinator.
Sec. 11511. Report on emerging alternative fuel vehicles and infrastructure.
Sec. 11512. Nonhighway recreational fuel study.
Sec. 11513. Buy America.
Sec. 11514. High priority corridors on the National Highway System.
Sec. 11515. Interstate weight limits.
Sec. 11516. Report on air quality improvements.
Sec. 11517. Roadside highway safety hardware.
Sec. 11518. Permeable pavements study.
Sec. 11519. Emergency relief projects.
Sec. 11520. Study on stormwater best management practices.
Sec. 11521. Stormwater best management practices reports.
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Sec. 11522. Invasive plant elimination program.
Sec. 11523. Over-the-road bus tolling equity.
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 431
Sec. 11524. Bridge terminology.
Sec. 11525. Technical corrections.
Sec. 11526. Working group on covered resources.
Sec. 11527. Blood transport vehicles.
Sec. 11528. Pollinator-friendly practices on roadsides and highway rights-of-way.
Sec. 11529. Active transportation infrastructure investment program.
Sec. 11530. Highway cost allocation study.
TITLE II—TRANSPORTATION INFRASTRUCTURE FINANCE AND
INNOVATION
Sec. 12001. Transportation Infrastructure Finance and Innovation Act of 1998
amendments.
Sec. 12002. Federal requirements for TIFIA eligibility and project selection.
TITLE III—RESEARCH, TECHNOLOGY, AND EDUCATION
Sec. 13001. Strategic innovation for revenue collection.
Sec. 13002. National motor vehicle per-mile user fee pilot.
Sec. 13003. Performance management data support program.
Sec. 13004. Data integration pilot program.
Sec. 13005. Emerging technology research pilot program.
Sec. 13006. Research and technology development and deployment.
Sec. 13007. Workforce development, training, and education.
Sec. 13008. Wildlife-vehicle collision research.
Sec. 13009. Transportation Resilience and Adaptation Centers of Excellence.
Sec. 13010. Transportation access pilot program.
TITLE IV—INDIAN AFFAIRS
Sec. 14001. Definition of Secretary.
Sec. 14002. Environmental reviews for certain tribal transportation facilities.
Sec. 14003. Programmatic agreements for tribal categorical exclusions.
Sec. 14004. Use of certain tribal transportation funds.
Sec. 14005. Bureau of Indian Affairs road maintenance program.
Sec. 14006. Study of road maintenance on Indian land.
Sec. 14007. Maintenance of certain Indian reservation roads.
Sec. 14008. Tribal transportation safety needs.
Sec. 14009. Office of Tribal Government Affairs.
DIVISION B—SURFACE TRANSPORTATION INVESTMENT ACT OF 2021
Sec. 20001. Short title.
Sec. 20002. Definitions.
TITLE I—MULTIMODAL AND FREIGHT TRANSPORTATION
Subtitle A—Multimodal Freight Policy
Sec. 21101. Office of Multimodal Freight Infrastructure and Policy.
Sec. 21102. Updates to National Freight Plan.
Sec. 21103. State collaboration with National Multimodal Freight Network.
Sec. 21104. Improving State freight plans.
Sec. 21105. Implementation of National Multimodal Freight Network.
Sec. 21106. Multi-State freight corridor planning.
Sec. 21107. State freight advisory committees.
Subtitle B—Multimodal Investment
Sec. 21201. National infrastructure project assistance.
Sec. 21202. Local and regional project assistance.
Sec. 21203. National culvert removal, replacement, and restoration grant program.
Sec. 21204. National multimodal cooperative freight research program.
Sec. 21205. Rural and Tribal infrastructure advancement.
Subtitle C—Railroad Rehabilitation and Improvement Financing Reforms
Sec. 21301. RRIF codification and reforms.
Sec. 21302. Substantive criteria and standards.
Sec. 21303. Semiannual report on transit-oriented development eligibility.
TITLE II—RAIL
Sec. 22001. Short title.
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Subtitle A—Authorization of Appropriations
Sec. 22101. Grants to Amtrak.
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135 STAT. 432 PUBLIC LAW 117–58—NOV. 15, 2021
Sec. 22102. Federal Railroad Administration.
Sec. 22103. Consolidated rail infrastructure and safety improvements grants.
Sec. 22104. Railroad crossing elimination program.
Sec. 22105. Restoration and enhancement grants.
Sec. 22106. Federal-State partnership for intercity passenger rail grants.
Sec. 22107. Amtrak Office of Inspector General.
Subtitle B—Amtrak Reforms
Sec. 22201. Amtrak findings, mission, and goals.
Sec. 22202. Composition of Amtrak’s Board of Directors.
Sec. 22203. Station agents.
Sec. 22204. Increasing oversight of changes to Amtrak long-distance routes and
other intercity services.
Sec. 22205. Improved oversight of Amtrak accounting.
Sec. 22206. Improved oversight of Amtrak spending.
Sec. 22207. Increasing service line and asset line plan transparency.
Sec. 22208. Passenger experience enhancement.
Sec. 22209. Amtrak smoking policy.
Sec. 22210. Protecting Amtrak routes through rural communities.
Sec. 22211. State-Supported Route Committee.
Sec. 22212. Enhancing cross border service.
Sec. 22213. Creating quality jobs.
Sec. 22214. Amtrak daily long-distance service study.
Subtitle C—Intercity Passenger Rail Policy
Sec. 22301. Northeast Corridor planning.
Sec. 22302. Northeast Corridor Commission.
Sec. 22303. Consolidated rail infrastructure and safety improvements.
Sec. 22304. Restoration and enhancement grants.
Sec. 22305. Railroad crossing elimination program.
Sec. 22306. Interstate rail compacts.
Sec. 22307. Federal-State partnership for intercity passenger rail grants.
Sec. 22308. Corridor identification and development program.
Sec. 22309. Surface Transportation Board passenger rail program.
Subtitle D—Rail Safety
Sec. 22401. Railway-highway crossings program evaluation.
Sec. 22402. Grade crossing accident prediction model.
Sec. 22403. Periodic updates to highway-rail crossing reports and plans.
Sec. 22404. Blocked crossing portal.
Sec. 22405. Data accessibility.
Sec. 22406. Emergency lighting.
Sec. 22407. Comprehensive rail safety review of Amtrak.
Sec. 22408. Completion of hours of service and fatigue studies.
Sec. 22409. Positive train control study.
Sec. 22410. Operating crew member training, qualification, and certification.
Sec. 22411. Transparency and safety.
Sec. 22412. Research and development.
Sec. 22413. Rail research and development center of excellence.
Sec. 22414. Quarterly report on positive train control system performance.
Sec. 22415. Speed limit action plans.
Sec. 22416. New passenger service pre-revenue safety validation plan.
Sec. 22417. Federal Railroad Administration accident and incident investigations.
Sec. 22418. Civil penalty enforcement authority.
Sec. 22419. Advancing safety and innovative technology.
Sec. 22420. Passenger rail vehicle occupant protection systems.
Sec. 22421. Federal Railroad Administration reporting requirements.
Sec. 22422. National Academies study on trains longer than 7,500 feet.
Sec. 22423. High-speed train noise emissions.
Sec. 22424. Critical incident stress plans.
Sec. 22425. Requirements for railroad freight cars placed into service in the United
States.
Sec. 22426. Railroad point of contact for public safety issues.
Sec. 22427. Controlled substances testing for mechanical employees.
TITLE III—MOTOR CARRIER SAFETY
Sec. 23001. Authorization of appropriations.
Sec. 23002. Motor carrier safety advisory committee.
Sec. 23003. Combating human trafficking.
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Sec. 23004. Immobilization grant program.
Sec. 23005. Commercial motor vehicle enforcement training and support.
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 433
Sec. 23006. Study of commercial motor vehicle crash causation.
Sec. 23007. Promoting women in the trucking workforce.
Sec. 23008. State inspection of passenger-carrying commercial motor vehicles.
Sec. 23009. Truck Leasing Task Force.
Sec. 23010. Automatic emergency braking.
Sec. 23011. Underride protection.
Sec. 23012. Providers of recreational activities.
Sec. 23013. Amendments to regulations relating to transportation of household
goods in interstate commerce.
Sec. 23014. Improving Federal-State motor carrier safety enforcement coordination.
Sec. 23015. Limousine research.
Sec. 23016. National Consumer Complaint Database.
Sec. 23017. Electronic logging device oversight.
Sec. 23018. Transportation of agricultural commodities and farm supplies.
Sec. 23019. Modification of restrictions on certain commercial driver’s licenses.
Sec. 23020. Report on human trafficking violations involving commercial motor ve-
hicles.
Sec. 23021. Broker guidance relating to Federal motor carrier safety regulations.
Sec. 23022. Apprenticeship pilot program.
Sec. 23023. Limousine compliance with Federal safety standards.
TITLE IV—HIGHWAY AND MOTOR VEHICLE SAFETY
Subtitle A—Highway Traffic Safety
Sec. 24101. Authorization of appropriations.
Sec. 24102. Highway safety programs.
Sec. 24103. Highway safety research and development.
Sec. 24104. High-visibility enforcement programs.
Sec. 24105. National priority safety programs.
Sec. 24106. Multiple substance-impaired driving prevention.
Sec. 24107. Minimum penalties for repeat offenders for driving while intoxicated or
driving under the influence.
Sec. 24108. Crash data.
Sec. 24109. Review of Move Over or Slow Down Law public awareness.
Sec. 24110. Review of laws, safety measures, and technologies relating to school
buses.
Sec. 24111. Motorcyclist Advisory Council.
Sec. 24112. Safe Streets and Roads for All grant program.
Sec. 24113. Implementation of GAO recommendations.
Subtitle B—Vehicle Safety
Sec. 24201. Authorization of appropriations.
Sec. 24202. Recall completion.
Sec. 24203. Recall engagement.
Sec. 24204. Motor vehicle seat back safety standards.
Sec. 24205. Automatic shutoff.
Sec. 24206. Petitions by interested persons for standards and enforcement.
Sec. 24207. Child safety seat accessibility study.
Sec. 24208. Crash avoidance technology.
Sec. 24209. Reduction of driver distraction.
Sec. 24210. Rulemaking report.
Sec. 24211. Global harmonization.
Sec. 24212. Headlamps.
Sec. 24213. New Car Assessment Program.
Sec. 24214. Hood and bumper standards.
Sec. 24215. Emergency medical services and 9–1–1.
Sec. 24216. Early warning reporting.
Sec. 24217. Improved vehicle safety databases.
Sec. 24218. National Driver Register Advisory Committee repeal.
Sec. 24219. Research on connected vehicle technology.
Sec. 24220. Advanced impaired driving technology.
Sec. 24221. GAO report on crash dummies.
Sec. 24222. Child safety.
TITLE V—RESEARCH AND INNOVATION
Sec. 25001. Intelligent Transportation Systems Program Advisory Committee.
Sec. 25002. Smart Community Resource Center.
Sec. 25003. Federal support for local decisionmaking.
Sec. 25004. Bureau of Transportation Statistics.
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Sec. 25005. Strengthening mobility and revolutionizing transportation grant pro-
gram.
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135 STAT. 434 PUBLIC LAW 117–58—NOV. 15, 2021
Sec. 25006. Electric vehicle working group.
Sec. 25007. Risk and system resilience.
Sec. 25008. Coordination on emerging transportation technology.
Sec. 25009. Interagency Infrastructure Permitting Improvement Center.
Sec. 25010. Rural opportunities to use transportation for economic success initia-
tive.
Sec. 25011. Safety data initiative.
Sec. 25012. Advanced transportation research.
Sec. 25013. Open research initiative.
Sec. 25014. Transportation research and development 5-year strategic plan.
Sec. 25015. Research planning modifications.
Sec. 25016. Incorporation of Department of Transportation research.
Sec. 25017. University transportation centers program.
Sec. 25018. National travel and tourism infrastructure strategic plan.
Sec. 25019. Local hiring preference for construction jobs.
Sec. 25020. Transportation workforce development.
Sec. 25021. Intermodal Transportation Advisory Board repeal.
Sec. 25022. GAO cybersecurity recommendations.
Sec. 25023. Volpe oversight.
Sec. 25024. Modifications to grant program.
Sec. 25025. Drug-impaired driving data collection.
Sec. 25026. Report on marijuana research.
Sec. 25027. GAO study on improving the efficiency of traffic systems.
TITLE VI—HAZARDOUS MATERIALS
Sec. 26001. Authorization of appropriations.
Sec. 26002. Assistance for local emergency response training grant program.
Sec. 26003. Real-time emergency response information.
TITLE VII—GENERAL PROVISIONS
Sec. 27001. Performance measurement, transparency, and accountability.
Sec. 27002. Coordination regarding forced labor.
Sec. 27003. Department of Transportation spectrum audit.
Sec. 27004. Study and reports on the travel and tourism activities of the Depart-
ment.
TITLE VIII—SPORT FISH RESTORATION AND RECREATIONAL BOATING
SAFETY
Sec. 28001. Sport fish restoration and recreational boating safety.
DIVISION C—TRANSIT
Sec. 30001. Definitions.
Sec. 30002. Metropolitan transportation planning.
Sec. 30003. Statewide and nonmetropolitan transportation planning.
Sec. 30004. Planning programs.
Sec. 30005. Fixed guideway capital investment grants.
Sec. 30006. Formula grants for rural areas.
Sec. 30007. Public transportation innovation.
Sec. 30008. Bus testing facilities.
Sec. 30009. Transit-oriented development.
Sec. 30010. General provisions.
Sec. 30011. Public transportation emergency relief program.
Sec. 30012. Public transportation safety program.
Sec. 30013. Administrative provisions.
Sec. 30014. National transit database.
Sec. 30015. Apportionment of appropriations for formula grants.
Sec. 30016. State of good repair grants.
Sec. 30017. Authorizations.
Sec. 30018. Grants for buses and bus facilities.
Sec. 30019. Washington Metropolitan Area Transit Authority safety, accountability,
and investment.
DIVISION D—ENERGY
Sec. 40001. Definitions.
TITLE I—GRID INFRASTRUCTURE AND RESILIENCY
Subtitle A—Grid Infrastructure Resilience and Reliability
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Sec. 40101. Preventing outages and enhancing the resilience of the electric grid.
Sec. 40102. Hazard mitigation using disaster assistance.
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 435
Sec. 40103. Electric grid reliability and resilience research, development, and dem-
onstration.
Sec. 40104. Utility demand response.
Sec. 40105. Siting of interstate electric transmission facilities.
Sec. 40106. Transmission facilitation program.
Sec. 40107. Deployment of technologies to enhance grid flexibility.
Sec. 40108. State energy security plans.
Sec. 40109. State energy program.
Sec. 40110. Power marketing administration transmission borrowing authority.
Sec. 40111. Study of codes and standards for use of energy storage systems across
sectors.
Sec. 40112. Demonstration of electric vehicle battery second-life applications for
grid services.
Sec. 40113. Columbia Basin power management.
Subtitle B—Cybersecurity
Sec. 40121. Enhancing grid security through public-private partnerships.
Sec. 40122. Energy Cyber Sense program.
Sec. 40123. Incentives for advanced cybersecurity technology investment.
Sec. 40124. Rural and municipal utility advanced cybersecurity grant and technical
assistance program.
Sec. 40125. Enhanced grid security.
Sec. 40126. Cybersecurity plan.
Sec. 40127. Savings provision.
TITLE II—SUPPLY CHAINS FOR CLEAN ENERGY TECHNOLOGIES
Sec. 40201. Earth Mapping Resources Initiative.
Sec. 40202. National Cooperative Geologic Mapping Program.
Sec. 40203. National Geological and Geophysical Data Preservation Program.
Sec. 40204. USGS energy and minerals research facility.
Sec. 40205. Rare earth elements demonstration facility.
Sec. 40206. Critical minerals supply chains and reliability.
Sec. 40207. Battery processing and manufacturing.
Sec. 40208. Electric drive vehicle battery recycling and second-life applications pro-
gram.
Sec. 40209. Advanced energy manufacturing and recycling grant program.
Sec. 40210. Critical minerals mining and recycling research.
Sec. 40211. 21st Century Energy Workforce Advisory Board.
TITLE III—FUELS AND TECHNOLOGY INFRASTRUCTURE INVESTMENTS
Subtitle A—Carbon Capture, Utilization, Storage, and Transportation Infrastructure
Sec. 40301. Findings.
Sec. 40302. Carbon utilization program.
Sec. 40303. Carbon capture technology program.
Sec. 40304. Carbon dioxide transportation infrastructure finance and innovation.
Sec. 40305. Carbon storage validation and testing.
Sec. 40306. Secure geologic storage permitting.
Sec. 40307. Geologic carbon sequestration on the outer Continental Shelf.
Sec. 40308. Carbon removal.
Subtitle B—Hydrogen Research and Development
Sec. 40311. Findings; purpose.
Sec. 40312. Definitions.
Sec. 40313. Clean hydrogen research and development program.
Sec. 40314. Additional clean hydrogen programs.
Sec. 40315. Clean hydrogen production qualifications.
Subtitle C—Nuclear Energy Infrastructure
Sec. 40321. Infrastructure planning for micro and small modular nuclear reactors.
Sec. 40322. Property interests relating to certain projects and protection of infor-
mation relating to certain agreements.
Sec. 40323. Civil nuclear credit program.
Subtitle D—Hydropower
Sec. 40331. Hydroelectric production incentives.
Sec. 40332. Hydroelectric efficiency improvement incentives.
Sec. 40333. Maintaining and enhancing hydroelectricity incentives.
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Sec. 40334. Pumped storage hydropower wind and solar integration and system re-
liability initiative.
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135 STAT. 436 PUBLIC LAW 117–58—NOV. 15, 2021
Sec. 40335. Authority for pumped storage hydropower development using multiple
Bureau of Reclamation reservoirs.
Sec. 40336. Limitations on issuance of certain leases of power privilege.
Subtitle E—Miscellaneous
Sec. 40341. Solar energy technologies on current and former mine land.
Sec. 40342. Clean energy demonstration program on current and former mine land.
Sec. 40343. Leases, easements, and rights-of-way for energy and related purposes
on the outer Continental Shelf.
TITLE IV—ENABLING ENERGY INFRASTRUCTURE INVESTMENT AND DATA
COLLECTION
Subtitle A—Department of Energy Loan Program
Sec. 40401. Department of Energy loan programs.
Subtitle B—Energy Information Administration
Sec. 40411. Definitions.
Sec. 40412. Data collection in the electricity sector.
Sec. 40413. Expansion of energy consumption surveys.
Sec. 40414. Data collection on electric vehicle integration with the electricity grids.
Sec. 40415. Plan for the modeling and forecasting of demand for minerals used in
the energy sector.
Sec. 40416. Expansion of international energy data.
Sec. 40417. Plan for the National Energy Modeling System.
Sec. 40418. Report on costs of carbon abatement in the electricity sector.
Sec. 40419. Harmonization of efforts and data.
Subtitle C—Miscellaneous
Sec. 40431. Consideration of measures to promote greater electrification of the
transportation sector.
Sec. 40432. Office of public participation.
Sec. 40433. Digital climate solutions report.
Sec. 40434. Study and report by the Secretary of Energy on job loss and impacts
on consumer energy costs due to the revocation of the permit for the
Keystone XL pipeline.
Sec. 40435. Study on impact of electric vehicles.
Sec. 40436. Study on impact of forced labor in China on the electric vehicle supply
chain.
TITLE V—ENERGY EFFICIENCY AND BUILDING INFRASTRUCTURE
Subtitle A—Residential and Commercial Energy Efficiency
Sec. 40501. Definitions.
Sec. 40502. Energy efficiency revolving loan fund capitalization grant program.
Sec. 40503. Energy auditor training grant program.
Subtitle B—Buildings
Sec. 40511. Cost-effective codes implementation for efficiency and resilience.
Sec. 40512. Building, training, and assessment centers.
Sec. 40513. Career skills training.
Sec. 40514. Commercial building energy consumption information sharing.
Subtitle C—Industrial Energy Efficiency
PART I—INDUSTRY
Sec. 40521. Future of industry program and industrial research and assessment
centers.
Sec. 40522. Sustainable manufacturing initiative.
PART II—SMART MANUFACTURING
Sec. 40531. Definitions.
Sec. 40532. Leveraging existing agency programs to assist small and medium man-
ufacturers.
Sec. 40533. Leveraging smart manufacturing infrastructure at National Labora-
tories.
Sec. 40534. State manufacturing leadership.
Sec. 40535. Report.
Subtitle D—Schools and Nonprofits
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Sec. 40541. Grants for energy efficiency improvements and renewable energy im-
provements at public school facilities.
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 437
Sec. 40542. Energy efficiency materials pilot program.
Subtitle E—Miscellaneous
Sec. 40551. Weatherization assistance program.
Sec. 40552. Energy Efficiency and Conservation Block Grant Program.
Sec. 40553. Survey, analysis, and report on employment and demographics in the
energy, energy efficiency, and motor vehicle sectors of the United States.
Sec. 40554. Assisting Federal Facilities with Energy Conservation Technologies
grant program.
Sec. 40555. Rebates.
Sec. 40556. Model guidance for combined heat and power systems and waste heat
to power systems.
TITLE VI—METHANE REDUCTION INFRASTRUCTURE
Sec. 40601. Orphaned well site plugging, remediation, and restoration.
TITLE VII—ABANDONED MINE LAND RECLAMATION
Sec. 40701. Abandoned Mine Reclamation Fund authorization of appropriations.
Sec. 40702. Abandoned mine reclamation fee.
Sec. 40703. Amounts distributed from Abandoned Mine Reclamation Fund.
Sec. 40704. Abandoned hardrock mine reclamation.
TITLE VIII—NATURAL RESOURCES-RELATED INFRASTRUCTURE,
WILDFIRE MANAGEMENT, AND ECOSYSTEM RESTORATION
Sec. 40801. Forest Service Legacy Road and Trail Remediation Program.
Sec. 40802. Study and report on feasibility of revegetating reclaimed mine sites.
Sec. 40803. Wildfire risk reduction.
Sec. 40804. Ecosystem restoration.
Sec. 40805. GAO study.
Sec. 40806. Establishment of fuel breaks in forests and other wildland vegetation.
Sec. 40807. Emergency actions.
Sec. 40808. Joint Chiefs Landscape Restoration Partnership program.
TITLE IX—WESTERN WATER INFRASTRUCTURE
Sec. 40901. Authorizations of appropriations.
Sec. 40902. Water storage, groundwater storage, and conveyance projects.
Sec. 40903. Small water storage and groundwater storage projects.
Sec. 40904. Critical maintenance and repair.
Sec. 40905. Competitive grant program for large-scale water recycling and reuse
program.
Sec. 40906. Drought contingency plan funding requirements.
Sec. 40907. Multi-benefit projects to improve watershed health.
Sec. 40908. Eligible desalination projects.
Sec. 40909. Clarification of authority to use coronavirus fiscal recovery funds to
meet a non-Federal matching requirement for authorized Bureau of Rec-
lamation water projects.
Sec. 40910. Federal assistance for groundwater recharge, aquifer storage, and
water source substitution projects.
TITLE X—AUTHORIZATION OF APPROPRIATIONS FOR ENERGY ACT OF 2020
Sec. 41001. Energy storage demonstration projects.
Sec. 41002. Advanced reactor demonstration program.
Sec. 41003. Mineral security projects.
Sec. 41004. Carbon capture demonstration and pilot programs.
Sec. 41005. Direct air capture technologies prize competitions.
Sec. 41006. Water power projects.
Sec. 41007. Renewable energy projects.
Sec. 41008. Industrial emissions demonstration projects.
TITLE XI—WAGE RATE REQUIREMENTS
Sec. 41101. Wage rate requirements.
TITLE XII—MISCELLANEOUS
Sec. 41201. Office of Clean Energy Demonstrations.
Sec. 41202. Extension of Secure Rural Schools and Community Self-Determination
Act of 2000.
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DIVISION E—DRINKING WATER AND WASTEWATER INFRASTRUCTURE
Sec. 50001. Short title.
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135 STAT. 438 PUBLIC LAW 117–58—NOV. 15, 2021
Sec. 50002. Definition of Administrator.
TITLE I—DRINKING WATER
Sec. 50101. Technical assistance and grants for emergencies affecting public water
systems.
Sec. 50102. Drinking water State revolving loan funds.
Sec. 50103. Source water petition program.
Sec. 50104. Assistance for small and disadvantaged communities.
Sec. 50105. Reducing lead in drinking water.
Sec. 50106. Operational sustainability of small public water systems.
Sec. 50107. Midsize and large drinking water system infrastructure resilience and
sustainability program.
Sec. 50108. Needs assessment for nationwide rural and urban low-income commu-
nity water assistance.
Sec. 50109. Rural and low-income water assistance pilot program.
Sec. 50110. Lead contamination in school drinking water.
Sec. 50111. Indian reservation drinking water program.
Sec. 50112. Advanced drinking water technologies.
Sec. 50113. Cybersecurity support for public water systems.
Sec. 50114. State response to contaminants.
Sec. 50115. Annual study on boil water advisories.
TITLE II—CLEAN WATER
Sec. 50201. Research, investigations, training, and information.
Sec. 50202. Wastewater efficiency grant pilot program.
Sec. 50203. Pilot program for alternative water source projects.
Sec. 50204. Sewer overflow and stormwater reuse municipal grants.
Sec. 50205. Clean water infrastructure resiliency and sustainability program.
Sec. 50206. Small and medium publicly owned treatment works circuit rider pro-
gram.
Sec. 50207. Small publicly owned treatment works efficiency grant program.
Sec. 50208. Grants for construction and refurbishing of individual household decen-
tralized wastewater systems for individuals with low or moderate in-
come.
Sec. 50209. Connection to publicly owned treatment works.
Sec. 50210. Clean water State revolving funds.
Sec. 50211. Water infrastructure and workforce investment.
Sec. 50212. Grants to Alaska to improve sanitation in rural and Native villages.
Sec. 50213. Water data sharing pilot program.
Sec. 50214. Final rating opinion letters.
Sec. 50215. Water infrastructure financing reauthorization.
Sec. 50216. Small and disadvantaged community analysis.
Sec. 50217. Stormwater infrastructure technology.
Sec. 50218. Water Reuse Interagency Working Group.
Sec. 50219. Advanced clean water technologies study.
Sec. 50220. Clean watersheds needs survey.
Sec. 50221. Water Resources Research Act amendments.
Sec. 50222. Enhanced aquifer use and recharge.
DIVISION F—BROADBAND
TITLE I—BROADBAND GRANTS FOR STATES, DISTRICT OF COLUMBIA,
PUERTO RICO, AND TERRITORIES
Sec. 60101. Findings.
Sec. 60102. Grants for broadband deployment.
Sec. 60103. Broadband DATA maps.
Sec. 60104. Report on future of Universal Service Fund.
Sec. 60105. Broadband deployment locations map.
TITLE II—TRIBAL CONNECTIVITY TECHNICAL AMENDMENTS.
Sec. 60201. Tribal connectivity technical amendments.
TITLE III—DIGITAL EQUITY ACT OF 2021
Sec. 60301. Short title.
Sec. 60302. Definitions.
Sec. 60303. Sense of Congress.
Sec. 60304. State Digital Equity Capacity Grant Program.
Sec. 60305. Digital Equity Competitive Grant Program.
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Sec. 60306. Policy research, data collection, analysis and modeling, evaluation, and
dissemination.
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 439
Sec. 60307. General provisions.
TITLE IV—ENABLING MIDDLE MILE BROADBAND INFRASTRUCTURE
Sec. 60401. Enabling middle mile broadband infrastructure.
TITLE V—BROADBAND AFFORDABILITY
Sec. 60501. Definitions.
Sec. 60502. Broadband affordability.
Sec. 60503. Coordination with certain other Federal agencies.
Sec. 60504. Adoption of consumer broadband labels.
Sec. 60505. GAO report.
Sec. 60506. Digital discrimination.
TITLE VI—TELECOMMUNICATIONS INDUSTRY WORKFORCE
Sec. 60601. Short title.
Sec. 60602. Telecommunications interagency working group.
Sec. 60603. Telecommunications workforce guidance.
Sec. 60604. GAO assessment of workforce needs of the telecommunications indus-
try.
DIVISION G—OTHER AUTHORIZATIONS
TITLE I—INDIAN WATER RIGHTS SETTLEMENT COMPLETION FUND
Sec. 70101. Indian Water Rights Settlement Completion Fund.
TITLE II—WILDFIRE MITIGATION
Sec. 70201. Short title.
Sec. 70202. Definitions.
Sec. 70203. Establishment of Commission.
Sec. 70204. Duties of Commission.
Sec. 70205. Powers of Commission.
Sec. 70206. Commission personnel matters.
Sec. 70207. Termination of Commission.
TITLE III—REFORESTATION
Sec. 70301. Short title.
Sec. 70302. Reforestation following wildfires and other unplanned events.
Sec. 70303. Report.
TITLE IV—RECYCLING PRACTICES
Sec. 70401. Best practices for battery recycling and labeling guidelines.
Sec. 70402. Consumer recycling education and outreach grant program; Federal
procurement.
TITLE V—BIOPRODUCT PILOT PROGRAM
Sec. 70501. Pilot program on use of agricultural commodities in construction and
consumer products.
TITLE VI—CYBERSECURITY
Subtitle A—Cyber Response and Recovery Act
Sec. 70601. Short title.
Sec. 70602. Declaration of a significant incident.
Subtitle B—State and Local Cybersecurity Improvement Act
Sec. 70611. Short title.
Sec. 70612. State and Local Cybersecurity Grant Program.
TITLE VII—PUBLIC-PRIVATE PARTNERSHIPS
Sec. 70701. Value for money analysis.
TITLE VIII—FEDERAL PERMITTING IMPROVEMENT
Sec. 70801. Federal permitting improvement.
TITLE IX—BUILD AMERICA, BUY AMERICA
Subtitle A—Build America, Buy America
Sec. 70901. Short title.
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PART I—BUY AMERICA SOURCING REQUIREMENTS
Sec. 70911. Findings.
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135 STAT. 440 PUBLIC LAW 117–58—NOV. 15, 2021
Sec. 70912. Definitions.
Sec. 70913. Identification of deficient programs.
Sec. 70914. Application of Buy America preference.
Sec. 70915. OMB guidance and standards.
Sec. 70916. Technical assistance partnership and consultation supporting Depart-
ment of Transportation Buy America requirements.
Sec. 70917. Application.
PART II—MAKE IT IN AMERICA
Sec. 70921. Regulations relating to Buy American Act.
Sec. 70922. Amendments relating to Buy American Act.
Sec. 70923. Made in America Office.
Sec. 70924. Hollings Manufacturing Extension Partnership activities.
Sec. 70925. United States obligations under international agreements.
Sec. 70926. Definitions.
Sec. 70927. Prospective amendments to internal cross-references.
Subtitle B—BuyAmerican.gov
Sec. 70931. Short title.
Sec. 70932. Definitions.
Sec. 70933. Sense of Congress on buying American.
Sec. 70934. Assessment of impact of free trade agreements.
Sec. 70935. Judicious use of waivers.
Sec. 70936. Establishment of BuyAmerican.gov website.
Sec. 70937. Waiver Transparency and Streamlining for contracts.
Sec. 70938. Comptroller General report.
Sec. 70939. Rules of construction.
Sec. 70940. Consistency with international agreements.
Sec. 70941. Prospective amendments to internal cross-references.
Subtitle C—Make PPE in America
Sec. 70951. Short title.
Sec. 70952. Findings.
Sec. 70953. Requirement of long-term contracts for domestically manufactured per-
sonal protective equipment.
TITLE X—ASSET CONCESSIONS
Sec. 71001. Asset concessions.
TITLE XI—CLEAN SCHOOL BUSES AND FERRIES
Sec. 71101. Clean school bus program.
Sec. 71102. Electric or low-emitting ferry pilot program.
Sec. 71103. Ferry service for rural communities.
Sec. 71104. Expanding the funding authority for renovating, constructing, and ex-
panding certain facilities.
DIVISION H—REVENUE PROVISIONS
TITLE I—HIGHWAY TRUST FUND
Sec. 80101. Extension of Highway Trust Fund expenditure authority.
Sec. 80102. Extension of highway-related taxes.
Sec. 80103. Further additional transfers to trust fund.
TITLE II—CHEMICAL SUPERFUND
Sec. 80201. Extension and modification of certain superfund excise taxes.
TITLE III—CUSTOMS USER FEES
Sec. 80301. Extension of customs user fees.
TITLE IV—BOND PROVISIONS
Sec. 80401. Private activity bonds for qualified broadband projects.
Sec. 80402. Carbon dioxide capture facilities.
Sec. 80403. Increase in national limitation amount for qualified highway or surface
freight transportation facilities.
TITLE V—RELIEF FOR TAXPAYERS AFFECTED BY DISASTERS OR OTHER
CRITICAL EVENTS
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Sec. 80501. Modification of automatic extension of certain deadlines in the case of
taxpayers affected by Federally declared disasters.
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 441
Sec. 80502. Modifications of rules for postponing certain acts by reason of service
in combat zone or contingency operation.
Sec. 80503. Tolling of time for filing a petition with the tax court.
Sec. 80504. Authority to postpone certain tax deadlines by reason of significant
fires.
TITLE VI—OTHER PROVISIONS
Sec. 80601. Modification of tax treatment of contributions to the capital of a cor-
poration.
Sec. 80602. Extension of interest rate stabilization.
Sec. 80603. Information reporting for brokers and digital assets.
Sec. 80604. Termination of employee retention credit for employers subject to clo-
sure due to COVID–19.
DIVISION I—OTHER MATTERS
Sec. 90001. Extension of direct spending reductions through fiscal year 2031.
Sec. 90002. Strategic Petroleum Reserve drawdown and sale.
Sec. 90003. Findings regarding unused unemployment insurance funds.
Sec. 90004. Requiring manufacturers of certain single-dose container or single-use
package drugs payable under part B of the Medicare program to provide
refunds with respect to discarded amounts of such drugs.
Sec. 90005. Extension of enterprise guarantee fees.
Sec. 90006. Moratorium on implementation of rule relating to eliminating the anti-
kickback statute safe harbor protection for prescription drug rebates.
Sec. 90007. Rescission of COVID–19 appropriations.
Sec. 90008. Spectrum auctions.
DIVISION J—APPROPRIATIONS
TITLE I—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES
TITLE II—COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
TITLE III—ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
TITLE IV—FINANCIAL SERVICES AND GENERAL GOVERNMENT
TITLE V—DEPARTMENT OF HOMELAND SECURITY
TITLE VI—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND
RELATED AGENCIES
TITLE VII—LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION,
AND RELATED AGENCIES
TITLE VIII—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT,
AND RELATED AGENCIES
TITLE IX—GENERAL PROVISIONS—THIS DIVISION
DIVISION K—MINORITY BUSINESS DEVELOPMENT
Sec. 100001. Short title.
Sec. 100002. Definitions.
Sec. 100003. Minority Business Development Agency.
TITLE I—EXISTING INITIATIVES
Subtitle A—Market Development, Research, and Information
Sec. 100101. Private sector development.
Sec. 100102. Public sector development.
Sec. 100103. Research and information.
Subtitle B—Minority Business Development Agency Business Center Program
Sec. 100111. Definition.
Sec. 100112. Purpose.
Sec. 100113. Establishment.
Sec. 100114. Grants and cooperative agreements.
Sec. 100115. Minimizing disruptions to existing MBDA Business Center program.
Sec. 100116. Publicity.
TITLE II—NEW INITIATIVES TO PROMOTE ECONOMIC RESILIENCY FOR
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MINORITY BUSINESSES
Sec. 100201. Annual diverse business forum on capital formation.
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135 STAT. 442 PUBLIC LAW 117–58—NOV. 15, 2021
Sec. 100202. Agency study on alternative financing solutions.
Sec. 100203. Educational development relating to management and entrepreneur-
ship.
TITLE III—RURAL MINORITY BUSINESS CENTER PROGRAM
Sec. 100301. Definitions.
Sec. 100302. Business centers.
Sec. 100303. Report to Congress.
Sec. 100304. Study and report.
TITLE IV—MINORITY BUSINESS DEVELOPMENT GRANTS
Sec. 100401. Grants to nonprofit organizations that support minority business en-
terprises.
TITLE V—MINORITY BUSINESS ENTERPRISES ADVISORY COUNCIL
Sec. 100501. Purpose.
Sec. 100502. Composition and term.
Sec. 100503. Duties.
TITLE VI—FEDERAL COORDINATION OF MINORITY BUSINESS PROGRAMS
Sec. 100601. General duties.
Sec. 100602. Participation of Federal departments and agencies.
TITLE VII—ADMINISTRATIVE POWERS OF THE AGENCY; MISCELLANEOUS
PROVISIONS
Sec. 100701. Administrative powers.
Sec. 100702. Federal assistance.
Sec. 100703. Recordkeeping.
Sec. 100704. Review and report by Comptroller General.
Sec. 100705. Biannual reports; recommendations.
Sec. 100706. Separability.
Sec. 100707. Executive Order 11625.
Sec. 100708. Authorization of appropriations.
1 USC 1 note. SEC. 2. REFERENCES.
Except as expressly provided otherwise, any reference to ‘‘this
Act’’ contained in any division of this Act shall be treated as
referring only to the provisions of that division.
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 443
DIVISION A—SURFACE Surface
Transportation
TRANSPORTATION Reauthorization
Act of 2021.
SEC. 10001. SHORT TITLE. 23 USC 101 note.
This division may be cited as the ‘‘Surface Transportation
Reauthorization Act of 2021’’.
SEC. 10002. DEFINITIONS. 23 USC 101 note.
In this division:
(1) DEPARTMENT.—The term ‘‘Department’’ means the
Department of Transportation.
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Transportation.
SEC. 10003. EFFECTIVE DATE. 23 USC 101 note.
Except as otherwise provided, this division and the amend-
ments made by this division take effect on October 1, 2021.
TITLE I—FEDERAL-AID HIGHWAYS
Subtitle A—Authorizations and Programs Time periods.
SEC. 11101. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—The following amounts are authorized to
be appropriated out of the Highway Trust Fund (other than the
Mass Transit Account):
(1) FEDERAL-AID HIGHWAY PROGRAM.—For the national
highway performance program under section 119 of title 23,
United States Code, the surface transportation block grant
program under section 133 of that title, the highway safety
improvement program under section 148 of that title, the
congestion mitigation and air quality improvement program
under section 149 of that title, the national highway freight
program under section 167 of that title, the carbon reduction
program under section 175 of that title, to carry out subsection
(c) of the PROTECT program under section 176 of that title,
and to carry out section 134 of that title—
(A) $52,488,065,375 for fiscal year 2022;
(B) $53,537,826,683 for fiscal year 2023;
(C) $54,608,583,217 for fiscal year 2024;
(D) $55,700,754,881 for fiscal year 2025; and
(E) $56,814,769,844 for fiscal year 2026.
(2) TRANSPORTATION INFRASTRUCTURE FINANCE AND
INNOVATION PROGRAM.—For credit assistance under the
transportation infrastructure finance and innovation program
under chapter 6 of title 23, United States Code, $250,000,000
for each of fiscal years 2022 through 2026.
(3) FEDERAL LANDS AND TRIBAL TRANSPORTATION PRO-
GRAMS.—
(A) TRIBAL TRANSPORTATION PROGRAM.—For the tribal
transportation program under section 202 of title 23,
United States Code—
(i) $578,460,000 for fiscal year 2022;
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(ii) $589,960,000 for fiscal year 2023;
(iii) $602,460,000 for fiscal year 2024;
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135 STAT. 444 PUBLIC LAW 117–58—NOV. 15, 2021
(iv) $612,960,000 for fiscal year 2025; and
(v) $627,960,000 for fiscal year 2026.
(B) FEDERAL LANDS TRANSPORTATION PROGRAM.—
(i) IN GENERAL.—For the Federal lands transpor-
tation program under section 203 of title 23, United
States Code—
(I) $421,965,000 for fiscal year 2022;
(II) $429,965,000 for fiscal year 2023;
(III) $438,965,000 for fiscal year 2024;
(IV) $447,965,000 for fiscal year 2025; and
(V) $455,965,000 for fiscal year 2026.
(ii) ALLOCATION.—Of the amount made available
for a fiscal year under clause (i)—
(I) the amount for the National Park Service
is—
(aa) $332,427,450 for fiscal year 2022;
(bb) $338,867,450 for fiscal year 2023;
(cc) $346,237,450 for fiscal year 2024;
(dd) $353,607,450 for fiscal year 2025; and
(ee) $360,047,450 for fiscal year 2026;
(II) the amount for the United States Fish
and Wildlife Service is $36,000,000 for each of
fiscal years 2022 through 2026; and
(III) the amount for the Forest Service is—
(aa) $24,000,000 for fiscal year 2022;
(bb) $25,000,000 for fiscal year 2023;
(cc) $26,000,000 for fiscal year 2024;
(dd) $27,000,000 for fiscal year 2025; and
(ee) $28,000,000 for fiscal year 2026.
(C) FEDERAL LANDS ACCESS PROGRAM.—For the Federal
lands access program under section 204 of title 23, United
States Code—
(i) $285,975,000 for fiscal year 2022;
(ii) $291,975,000 for fiscal year 2023;
(iii) $296,975,000 for fiscal year 2024;
(iv) $303,975,000 for fiscal year 2025; and
(v) $308,975,000 for fiscal year 2026.
(4) TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.—
For the territorial and Puerto Rico highway program under
section 165 of title 23, United States Code—
(A) $219,000,000 for fiscal year 2022;
(B) $224,000,000 for fiscal year 2023;
(C) $228,000,000 for fiscal year 2024;
(D) $232,500,000 for fiscal year 2025; and
(E) $237,000,000 for fiscal year 2026.
(5) NATIONALLY SIGNIFICANT FREIGHT AND HIGHWAY
PROJECTS.—For nationally significant freight and highway
projects under section 117 of title 23, United States Code—
(A) $1,000,000,000 for fiscal year 2022;
(B) $1,000,000,000 for fiscal year 2023;
(C) $1,000,000,000 for fiscal year 2024;
(D) $900,000,000 for fiscal year 2025; and
(E) $900,000,000 for fiscal year 2026.
(b) OTHER PROGRAMS.—
(1) IN GENERAL.—The following amounts are authorized
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to be appropriated out of the Highway Trust Fund (other than
the Mass Transit Account):
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 445
(A) BRIDGE INVESTMENT PROGRAM.—To carry out the
bridge investment program under section 124 of title 23,
United States Code—
(i) $600,000,000 for fiscal year 2022;
(ii) $640,000,000 for fiscal year 2023;
(iii) $650,000,000 for fiscal year 2024;
(iv) $675,000,000 for fiscal year 2025; and
(v) $700,000,000 for fiscal year 2026.
(B) CONGESTION RELIEF PROGRAM.—To carry out the
congestion relief program under section 129(d) of title 23,
United States Code, $50,000,000 for each of fiscal years
2022 through 2026.
(C) CHARGING AND FUELING INFRASTRUCTURE
GRANTS.—To carry out section 151(f) of title 23, United
States Code—
(i) $300,000,000 for fiscal year 2022;
(ii) $400,000,000 for fiscal year 2023;
(iii) $500,000,000 for fiscal year 2024;
(iv) $600,000,000 for fiscal year 2025; and
(v) $700,000,000 for fiscal year 2026.
(D) RURAL SURFACE TRANSPORTATION GRANT PRO-
GRAM.—To carry out the rural surface transportation grant
program under section 173 of title 23, United States Code—
(i) $300,000,000 for fiscal year 2022;
(ii) $350,000,000 for fiscal year 2023;
(iii) $400,000,000 for fiscal year 2024;
(iv) $450,000,000 for fiscal year 2025; and
(v) $500,000,000 for fiscal year 2026.
(E) PROTECT GRANTS.—
(i) IN GENERAL.—To carry out subsection (d) of
the PROTECT program under section 176 of title 23,
United States Code, for each of fiscal years 2022
through 2026—
(I) $250,000,000 for fiscal year 2022;
(II) $250,000,000 for fiscal year 2023;
(III) $300,000,000 for fiscal year 2024;
(IV) $300,000,000 for fiscal year 2025; and
(V) $300,000,000 for fiscal year 2026.
(ii) ALLOCATION.—Of the amounts made available
under clause (i)—
(I) for planning grants under paragraph (3)
of that subsection—
(aa) $25,000,000 for fiscal year 2022;
(bb) $25,000,000 for fiscal year 2023;
(cc) $30,000,000 for fiscal year 2024;
(dd) $30,000,000 for fiscal year 2025; and
(ee) $30,000,000 for fiscal year 2026;
(II) for resilience improvement grants under
paragraph (4)(A) of that subsection—
(aa) $175,000,000 for fiscal year 2022;
(bb) $175,000,000 for fiscal year 2023;
(cc) $210,000,000 for fiscal year 2024;
(dd) $210,000,000 for fiscal year 2025; and
(ee) $210,000,000 for fiscal year 2026;
(III) for community resilience and evacuation
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route grants under paragraph (4)(B) of that sub-
section—
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135 STAT. 446 PUBLIC LAW 117–58—NOV. 15, 2021
(aa) $25,000,000 for fiscal year 2022;
(bb) $25,000,000 for fiscal year 2023;
(cc) $30,000,000 for fiscal year 2024;
(dd) $30,000,000 for fiscal year 2025; and
(ee) $30,000,000 for fiscal year 2026; and
(IV) for at-risk coastal infrastructure grants
under paragraph (4)(C) of that subsection—
(aa) $25,000,000 for fiscal year 2022;
(bb) $25,000,000 for fiscal year 2023;
(cc) $30,000,000 for fiscal year 2024;
(dd) $30,000,000 for fiscal year 2025; and
(ee) $30,000,000 for fiscal year 2026.
(F) REDUCTION OF TRUCK EMISSIONS AT PORT FACILI-
TIES.—
(i) IN GENERAL.—To carry out the reduction of
truck emissions at port facilities under section 11402,
$50,000,000 for each of fiscal years 2022 through 2026.
(ii) TREATMENT.—Amounts made available under
clause (i) shall be available for obligation in the same
manner as if those amounts were apportioned under
chapter 1 of title 23, United States Code.
(G) NATIONALLY SIGNIFICANT FEDERAL LANDS AND
TRIBAL PROJECTS.—
(i) IN GENERAL.—To carry out the nationally
significant Federal lands and tribal projects program
under section 1123 of the FAST Act (23 U.S.C. 201
note; Public Law 114–94), $55,000,000 for each of fiscal
years 2022 through 2026.
(ii) TREATMENT.—Amounts made available under
clause (i) shall be available for obligation in the same
manner as if those amounts were apportioned under
chapter 1 of title 23, United States Code.
(2) GENERAL FUND.—
(A) BRIDGE INVESTMENT PROGRAM.—
(i) IN GENERAL.—In addition to amounts made
available under paragraph (1)(A), there are authorized
to be appropriated to carry out the bridge investment
program under section 124 of title 23, United States
Code—
(I) $600,000,000 for fiscal year 2022;
(II) $640,000,000 for fiscal year 2023;
(III) $650,000,000 for fiscal year 2024;
(IV) $675,000,000 for fiscal year 2025; and
(V) $700,000,000 for fiscal year 2026.
(ii) ALLOCATION.—Amounts made available under
clause (i) shall be allocated in the same manner as
if made available under paragraph (1)(A).
(B) NATIONALLY SIGNIFICANT FEDERAL LANDS AND
TRIBAL PROJECTS PROGRAM.—In addition to amounts made
available under paragraph (1)(G), there is authorized to
be appropriated to carry out section 1123 of the FAST
Act (23 U.S.C. 201 note; Public Law 114–94) $300,000,000
for each of fiscal years 2022 through 2026.
(C) HEALTHY STREETS PROGRAM.—There is authorized
to be appropriated to carry out the Healthy Streets program
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under section 11406 $100,000,000 for each of fiscal years
2022 through 2026.
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 447
(D) TRANSPORTATION RESILIENCE AND ADAPTATION CEN-
TERS OF EXCELLENCE.—There is authorized to be appro-
priated to carry out section 520 of title 23, United States
Code, $100,000,000 for each of fiscal years 2022 through
2026.
(E) OPEN CHALLENGE AND RESEARCH PROPOSAL PILOT
PROGRAM.—There is authorized to be appropriated to carry
out the open challenge and research proposal pilot program
under section 13006(e) $15,000,000 for each of fiscal years
2022 through 2026.
(c) RESEARCH, TECHNOLOGY, AND EDUCATION AUTHORIZA-
TIONS.—
(1) IN GENERAL.—The following amounts are authorized
to be appropriated out of the Highway Trust Fund (other than
the Mass Transit Account):
(A) HIGHWAY RESEARCH AND DEVELOPMENT PROGRAM.—
To carry out section 503(b) of title 23, United States Code,
$147,000,000 for each of fiscal years 2022 through 2026.
(B) TECHNOLOGY AND INNOVATION DEPLOYMENT PRO-
GRAM.—To carry out section 503(c) of title 23, United States
Code, $110,000,000 for each of fiscal years 2022 through
2026.
(C) TRAINING AND EDUCATION.—To carry out section
504 of title 23, United States Code—
(i) $25,000,000 for fiscal year 2022;
(ii) $25,250,000 for fiscal year 2023;
(iii) $25,500,000 for fiscal year 2024;
(iv) $25,750,000 for fiscal year 2025; and
(v) $26,000,000 for fiscal year 2026.
(D) INTELLIGENT TRANSPORTATION SYSTEMS PRO-
GRAM.—To carry out sections 512 through 518 of title 23,
United States Code, $110,000,000 for each of fiscal years
2022 through 2026.
(E) UNIVERSITY TRANSPORTATION CENTERS PROGRAM.—
To carry out section 5505 of title 49, United States Code—
(i) $80,000,000 for fiscal year 2022;
(ii) $80,500,000 for fiscal year 2023;
(iii) $81,000,000 for fiscal year 2024;
(iv) $81,500,000 for fiscal year 2025; and
(v) $82,000,000 for fiscal year 2026.
(F) BUREAU OF TRANSPORTATION STATISTICS.—To carry
out chapter 63 of title 49, United States Code—
(i) $26,000,000 for fiscal year 2022;
(ii) $26,250,000 for fiscal year 2023;
(iii) $26,500,000 for fiscal year 2024;
(iv) $26,750,000 for fiscal year 2025; and
(v) $27,000,000 for fiscal year 2026.
(2) ADMINISTRATION.—The Federal Highway Administra-
tion shall—
(A) administer the programs described in subpara-
graphs (A), (B), and (C) of paragraph (1); and
(B) in consultation with relevant modal administra- Consultation.
tions, administer the programs described in paragraph
(1)(D).
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(3) APPLICABILITY OF TITLE 23, UNITED STATES CODE.—
Amounts authorized to be appropriated by paragraph (1) shall—
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135 STAT. 448 PUBLIC LAW 117–58—NOV. 15, 2021
Determination. (A) be available for obligation in the same manner
as if those funds were apportioned under chapter 1 of
title 23, United States Code, except that the Federal share
of the cost of a project or activity carried out using those
funds shall be 80 percent, unless otherwise expressly pro-
vided by this division (including the amendments by this
division) or otherwise determined by the Secretary; and
(B) remain available until expended and not be
transferable, except as otherwise provided by this division.
(d) PILOT PROGRAMS.—The following amounts are authorized
to be appropriated out of the Highway Trust Fund (other than
the Mass Transit Account):
(1) WILDLIFE CROSSINGS PILOT PROGRAM.—For the wildlife
crossings pilot program under section 171 of title 23, United
States Code—
(A) $60,000,000 for fiscal year 2022;
(B) $65,000,000 for fiscal year 2023;
(C) $70,000,000 for fiscal year 2024;
(D) $75,000,000 for fiscal year 2025; and
(E) $80,000,000 for fiscal year 2026.
(2) PRIORITIZATION PROCESS PILOT PROGRAM.—
(A) IN GENERAL.—For the prioritization process pilot
program under section 11204, $10,000,000 for each of fiscal
years 2022 through 2026.
(B) TREATMENT.—Amounts made available under
subparagraph (A) shall be available for obligation in the
same manner as if those amounts were apportioned under
chapter 1 of title 23, United States Code.
(3) RECONNECTING COMMUNITIES PILOT PROGRAM.—
(A) PLANNING GRANTS.—For planning grants under the
reconnecting communities pilot program under section
11509(c), $30,000,000 for each of fiscal years 2022 through
2026.
(B) CAPITAL CONSTRUCTION GRANTS.—For capital
construction grants under the reconnecting communities
pilot program under section 11509(d)—
(i) $65,000,000 for fiscal year 2022;
(ii) $68,000,000 for fiscal year 2023;
(iii) $70,000,000 for fiscal year 2024;
(iv) $72,000,000 for fiscal year 2025; and
(v) $75,000,000 for fiscal year 2026.
(C) TREATMENT.—Amounts made available under
subparagraph (A) or (B) shall be available for obligation
in the same manner as if those amounts were apportioned
under chapter 1 of title 23, United States Code, except
that those amounts shall remain available until expended.
23 USC 101 note. (e) DISADVANTAGED BUSINESS ENTERPRISES.—
(1) FINDINGS.—Congress finds that—
(A) while significant progress has occurred due to the
establishment of the disadvantaged business enterprise
program, discrimination and related barriers continue to
pose significant obstacles for minority- and women-owned
businesses seeking to do business in Federally assisted
surface transportation markets across the United States;
(B) the continuing barriers described in subparagraph
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(A) merit the continuation of the disadvantaged business
enterprise program;
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 449
(C) Congress has received and reviewed testimony and
documentation of race and gender discrimination from
numerous sources, including congressional hearings and
roundtables, scientific reports, reports issued by public and
private agencies, news stories, reports of discrimination
by organizations and individuals, and discrimination law-
suits, which show that race- and gender-neutral efforts
alone are insufficient to address the problem;
(D) the testimony and documentation described in
subparagraph (C) demonstrate that discrimination across
the United States poses a barrier to full and fair participa-
tion in surface transportation-related businesses of women
business owners and minority business owners and has
impacted firm development and many aspects of surface
transportation-related business in the public and private
markets; and
(E) the testimony and documentation described in
subparagraph (C) provide a strong basis that there is a
compelling need for the continuation of the disadvantaged
business enterprise program to address race and gender
discrimination in surface transportation-related business.
(2) DEFINITIONS.—In this subsection:
(A) SMALL BUSINESS CONCERN.—
(i) IN GENERAL.—The term ‘‘small business con-
cern’’ means a small business concern (as the term
is used in section 3 of the Small Business Act (15
U.S.C. 632)).
(ii) EXCLUSIONS.—The term ‘‘small business con-
cern’’ does not include any concern or group of concerns
controlled by the same socially and economically dis-
advantaged individual or individuals that have average
annual gross receipts during the preceding 3 fiscal
years in excess of $26,290,000, as adjusted annually
by the Secretary for inflation.
(B) SOCIALLY AND ECONOMICALLY DISADVANTAGED
INDIVIDUALS.—The term ‘‘socially and economically dis-
advantaged individuals’’ has the meaning given the term
in section 8(d) of the Small Business Act (15 U.S.C. 637(d))
and relevant subcontracting regulations issued pursuant
to that Act, except that women shall be presumed to be
socially and economically disadvantaged individuals for
purposes of this subsection.
(3) AMOUNTS FOR SMALL BUSINESS CONCERNS.—Except to Determination.
the extent that the Secretary determines otherwise, not less
than 10 percent of the amounts made available for any program
under this division (other than section 14004), division C, and
section 403 of title 23, United States Code, shall be expended
through small business concerns owned and controlled by
socially and economically disadvantaged individuals.
(4) ANNUAL LISTING OF DISADVANTAGED BUSINESS ENTER-
PRISES.—Each State shall annually—
(A) survey and compile a list of the small business Surveys.
concerns referred to in paragraph (3) in the State, including
the location of the small business concerns in the State;
and
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(B) notify the Secretary, in writing, of the percentage Notification.
of the small business concerns that are controlled by—
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135 STAT. 450 PUBLIC LAW 117–58—NOV. 15, 2021
(i) women;
(ii) socially and economically disadvantaged
individuals (other than women); and
(iii) individuals who are women and are otherwise
socially and economically disadvantaged individuals.
(5) UNIFORM CERTIFICATION.—
Criteria. (A) IN GENERAL.—The Secretary shall establish min-
imum uniform criteria for use by State governments in
certifying whether a concern qualifies as a small business
concern for the purpose of this subsection.
(B) INCLUSIONS.—The minimum uniform criteria estab-
lished under subparagraph (A) shall include, with respect
to a potential small business concern—
(i) on-site visits;
(ii) personal interviews with personnel;
(iii) issuance or inspection of licenses;
Analyses. (iv) analyses of stock ownership;
Lists. (v) listings of equipment;
Analyses. (vi) analyses of bonding capacity;
Lists. (vii) listings of work completed;
Examination. (viii) examination of the resumes of principal
owners;
Analyses. (ix) analyses of financial capacity; and
Analyses. (x) analyses of the type of work preferred.
Requirements. (6) REPORTING.—The Secretary shall establish minimum
requirements for use by State governments in reporting to
the Secretary—
(A) information concerning disadvantaged business
enterprise awards, commitments, and achievements; and
Determination. (B) such other information as the Secretary determines
to be appropriate for the proper monitoring of the disadvan-
taged business enterprise program.
(7) COMPLIANCE WITH COURT ORDERS.—Nothing in this sub-
section limits the eligibility of an individual or entity to receive
funds made available under this division, division C, and section
403 of title 23, United States Code, if the entity or person
is prevented, in whole or in part, from complying with para-
graph (3) because a Federal court issues a final order in which
the court finds that a requirement or the implementation of
paragraph (3) is unconstitutional.
(8) SENSE OF CONGRESS ON PROMPT PAYMENT OF DBE SUB-
CONTRACTORS.—It is the sense of Congress that—
(A) the Secretary should take additional steps to ensure
that recipients comply with section 26.29 of title 49, Code
of Federal Regulations (the disadvantaged business enter-
prises prompt payment rule), or any corresponding regula-
tion, in awarding Federally funded transportation contracts
under laws and regulations administered by the Secretary;
and
(B) such additional steps should include increasing
the ability of the Department to track and keep records
of complaints and to make that information publicly avail-
able.
23 USC 104 note. SEC. 11102. OBLIGATION CEILING.
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(a) GENERAL LIMITATION.—Subject to subsection (e), and not-
withstanding any other provision of law, the obligations for Federal-
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 451
aid highway and highway safety construction programs shall not
exceed—
(1) $57,473,430,072 for fiscal year 2022;
(2) $58,764,510,674 for fiscal year 2023;
(3) $60,095,782,888 for fiscal year 2024;
(4) $61,314,170,545 for fiscal year 2025; and
(5) $62,657,105,821 for fiscal year 2026.
(b) EXCEPTIONS.—The limitations under subsection (a) shall
not apply to obligations under or for—
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in effect
on June 8, 1998);
(8) section 105 of title 23, United States Code (as in effect
for fiscal years 1998 through 2004, but only in an amount
equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (112 Stat. 107) or subsequent Acts
for multiple years or to remain available until expended, but
only to the extent that the obligation authority has not lapsed
or been used;
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an amount
equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA–LU (23 U.S.C. 118 note;
119 Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on obligations
at the time at which the funds were initially made available
for obligation;
(12) section 119 of title 23, United States Code (as in
effect for fiscal years 2013 through 2015, but only in an amount
equal to $639,000,000 for each of those fiscal years);
(13) section 119 of title 23, United States Code (as in
effect for fiscal years 2016 through 2021, but only in an amount
equal to $639,000,000 for each of those fiscal years); and
(14) section 119 of title 23, United States Code (but, for
fiscal years 2022 through 2026, only in an amount equal to
$639,000,000 for each of those fiscal years).
(c) DISTRIBUTION OF OBLIGATION AUTHORITY.—For each of fiscal
years 2022 through 2026, the Secretary—
(1) shall not distribute obligation authority provided by
subsection (a) for the fiscal year for—
(A) amounts authorized for administrative expenses
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and programs by section 104(a) of title 23, United States
Code; and
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135 STAT. 452 PUBLIC LAW 117–58—NOV. 15, 2021
(B) amounts authorized for the Bureau of Transpor-
tation Statistics;
(2) shall not distribute an amount of obligation authority
provided by subsection (a) that is equal to the unobligated
balance of amounts—
(A) made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid high-
way and highway safety construction programs for previous
fiscal years the funds for which are allocated by the Sec-
retary (or apportioned by the Secretary under section 202
or 204 of title 23, United States Code); and
(B) for which obligation authority was provided in a
previous fiscal year;
Determination. (3) shall determine the proportion that—
(A) the obligation authority provided by subsection (a)
for the fiscal year, less the aggregate of amounts not distrib-
uted under paragraphs (1) and (2) of this subsection; bears
to
(B) the total of the sums authorized to be appropriated
for the Federal-aid highway and highway safety construc-
tion programs (other than sums authorized to be appro-
priated for provisions of law described in paragraphs (1)
through (13) of subsection (b) and sums authorized to be
appropriated for section 119 of title 23, United States Code,
equal to the amount referred to in subsection (b)(14) for
the fiscal year), less the aggregate of the amounts not
distributed under paragraphs (1) and (2) of this subsection;
(4) shall distribute the obligation authority provided by
subsection (a), less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than
programs to which paragraph (1) applies) that are allocated
by the Secretary under this division and title 23, United States
Code, or apportioned by the Secretary under section 202 or
204 of that title, by multiplying—
(A) the proportion determined under paragraph (3);
by
(B) the amounts authorized to be appropriated for each
such program for the fiscal year; and
(5) shall distribute the obligation authority provided by
subsection (a), less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under
paragraph (4), for Federal-aid highway and highway safety
construction programs that are apportioned by the Secretary
under title 23, United States Code (other than the amounts
apportioned for the national highway performance program
in section 119 of title 23, United States Code, that are exempt
from the limitation under subsection (b)(14) and the amounts
apportioned under sections 202 and 204 of that title) in the
proportion that—
(A) amounts authorized to be appropriated for the pro-
grams that are apportioned under title 23, United States
Code, to each State for the fiscal year; bears to
(B) the total of the amounts authorized to be appro-
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priated for the programs that are apportioned under title
23, United States Code, to all States for the fiscal year.
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 453
(d) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—Not- Effective dates.
withstanding subsection (c), the Secretary shall, after August 1
of each of fiscal years 2022 through 2026—
(1) revise a distribution of the obligation authority made Revision.
available under subsection (c) if an amount distributed cannot
be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able
to obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States having
large unobligated balances of funds apportioned under sections
144 (as in effect on the day before the date of enactment
of MAP–21 (Public Law 112–141; 126 Stat. 405)) and 104
of title 23, United States Code.
(e) APPLICABILITY OF OBLIGATION LIMITATIONS TO TRANSPOR-
TATION RESEARCH PROGRAMS.—
(1) IN GENERAL.—Except as provided in paragraph (2),
obligation limitations imposed by subsection (a) shall apply
to contract authority for transportation research programs car-
ried out under chapter 5 of title 23, United States Code.
(2) EXCEPTION.—Obligation authority made available under
paragraph (1) shall—
(A) remain available for a period of 4 fiscal years;
and
(B) be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and high-
way safety construction programs for future fiscal years.
(f) REDISTRIBUTION OF CERTAIN AUTHORIZED FUNDS.—
(1) IN GENERAL.—Not later than 30 days after the date Deadlines.
of distribution of obligation authority under subsection (c) for
each of fiscal years 2022 through 2026, the Secretary shall
distribute to the States any funds (excluding funds authorized
for the program under section 202 of title 23, United States
Code) that—
(A) are authorized to be appropriated for the fiscal
year for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated to Determination.
the States (or will not be apportioned to the States under
section 204 of title 23, United States Code), and will not
be available for obligation, for the fiscal year because of
the imposition of any obligation limitation for the fiscal
year.
(2) RATIO.—Funds shall be distributed under paragraph
(1) in the same proportion as the distribution of obligation
authority under subsection (c)(5).
(3) AVAILABILITY.—Funds distributed to each State under
paragraph (1) shall be available for any purpose described
in section 133(b) of title 23, United States Code.
SEC. 11103. DEFINITIONS.
Section 101(a) of title 23, United States Code, is amended—
(1) in paragraph (4)—
(A) in subparagraph (A), by inserting ‘‘assessing resil-
ience,’’ after ‘‘surveying,’’;
(B) in subparagraph (G), by striking ‘‘and’’ at the end;
(C) by redesignating subparagraph (H) as subpara-
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graph (I); and
(D) by inserting after subparagraph (G) the following:
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135 STAT. 454 PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(H) improvements that reduce the number of wildlife-
vehicle collisions, such as wildlife crossing structures; and’’;
(2) by redesignating paragraphs (17) through (34) as para-
graphs (18), (19), (20), (21), (22), (23), (25), (26), (27), (28),
(29), (30), (31), (32), (33), (34), (35), and (36), respectively;
(3) by inserting after paragraph (16) the following:
‘‘(17) NATURAL INFRASTRUCTURE.—The term ‘natural infra-
structure’ means infrastructure that uses, restores, or emulates
natural ecological processes and—
‘‘(A) is created through the action of natural physical,
geological, biological, and chemical processes over time;
‘‘(B) is created by human design, engineering, and
construction to emulate or act in concert with natural
processes; or
‘‘(C) involves the use of plants, soils, and other natural
features, including through the creation, restoration, or
preservation of vegetated areas using materials appropriate
to the region to manage stormwater and runoff, to
attenuate flooding and storm surges, and for other related
purposes.’’;
(4) by inserting after paragraph (23) (as so redesignated)
the following:
‘‘(24) RESILIENCE.—The term ‘resilience’, with respect to
a project, means a project with the ability to anticipate, prepare
for, or adapt to conditions or withstand, respond to, or recover
rapidly from disruptions, including the ability—
‘‘(A)(i) to resist hazards or withstand impacts from
weather events and natural disasters; or
‘‘(ii) to reduce the magnitude or duration of impacts
of a disruptive weather event or natural disaster on a
project; and
‘‘(B) to have the absorptive capacity, adaptive capacity,
and recoverability to decrease project vulnerability to
weather events or other natural disasters.’’; and
(5) in subparagraph (A) of paragraph (32) (as so redesig-
nated)—
(A) by striking the period at the end and inserting
‘‘; and’’;
(B) by striking ‘‘through the implementation’’ and
inserting the following: ‘‘through—
‘‘(i) the implementation’’; and
(C) by adding at the end the following:
‘‘(ii) the consideration of incorporating natural
infrastructure.’’.
SEC. 11104. APPORTIONMENT.
(a) ADMINISTRATIVE EXPENSES.—Section 104(a)(1) of title 23,
United States Code, is amended by striking subparagraphs (A)
through (E) and inserting the following:
‘‘(A) $490,964,697 for fiscal year 2022;
‘‘(B) $500,783,991 for fiscal year 2023;
‘‘(C) $510,799,671 for fiscal year 2024;
‘‘(D) $521,015,664 for fiscal year 2025; and
‘‘(E) $531,435,977 for fiscal year 2026.’’.
(b) DIVISION AMONG PROGRAMS OF STATE SHARE.—Section
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104(b) of title 23, United States Code, is amended in subsection
(b)—
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 455
(1) in the matter preceding paragraph (1), by inserting
‘‘the carbon reduction program under section 175, to carry
out subsection (c) of the PROTECT program under section
176,’’ before ‘‘and to carry out section 134’’;
(2) in paragraph (1), by striking ‘‘63.7 percent’’ and
inserting ‘‘59.0771195921461 percent’’;
(3) in paragraph (2), by striking ‘‘29.3 percent’’ and
inserting ‘‘28.7402203421251 percent’’;
(4) in paragraph (3), by striking ‘‘7 percent’’ and inserting
‘‘6.70605141316253 percent’’;
(5) by striking paragraph (4) and inserting the following:
‘‘(4) CONGESTION MITIGATION AND AIR QUALITY IMPROVE-
MENT PROGRAM.—
‘‘(A) IN GENERAL.—For the congestion mitigation and
air quality improvement program, an amount determined
for the State under subparagraphs (B) and (C).
‘‘(B) TOTAL AMOUNT.—The total amount for the conges-
tion mitigation and air quality improvement program for
all States shall be—
‘‘(i) $2,536,490,803 for fiscal year 2022;
‘‘(ii) $2,587,220,620 for fiscal year 2023;
‘‘(iii) $2,638,965,032 for fiscal year 2024;
‘‘(iv) $2,691,744,332 for fiscal year 2025; and
‘‘(v) $2,745,579,213 for fiscal year 2026.
‘‘(C) STATE SHARE.—For each fiscal year, the Secretary
shall distribute among the States the total amount for
the congestion mitigation and air quality improvement pro-
gram under subparagraph (B) so that each State receives
an amount equal to the proportion that—
‘‘(i) the amount apportioned to the State for the
congestion mitigation and air quality improvement pro-
gram for fiscal year 2020; bears to
‘‘(ii) the total amount of funds apportioned to all
States for that program for fiscal year 2020.’’;
(6) in paragraph (5)—
(A) by striking subparagraph (B) and inserting the
following:
‘‘(B) TOTAL AMOUNT.—The total amount set aside for
the national highway freight program for all States shall
be—
‘‘(i) $1,373,932,519 for fiscal year 2022;
‘‘(ii) $1,401,411,169 for fiscal year 2023;
‘‘(iii) $1,429,439,392 for fiscal year 2024;
‘‘(iv) $1,458,028,180 for fiscal year 2025; and
‘‘(v) $1,487,188,740 for fiscal year 2026.’’; and
(B) by striking subparagraph (D); and
(7) by striking paragraph (6) and inserting the following:
‘‘(6) METROPOLITAN PLANNING.—
‘‘(A) IN GENERAL.—To carry out section 134, an amount
determined for the State under subparagraphs (B) and
(C).
‘‘(B) TOTAL AMOUNT.—The total amount for metropoli-
tan planning for all States shall be—
‘‘(i) $ 438,121,139 for fiscal year 2022;
‘‘(ii) $446,883,562 for fiscal year 2023;
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‘‘(iii) $455,821,233 for fiscal year 2024;
‘‘(iv) $464,937,657 for fiscal year 2025; and
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135 STAT. 456 PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(v) $474,236,409 for fiscal year 2026.
‘‘(C) STATE SHARE.—For each fiscal year, the Secretary
shall distribute among the States the total amount to carry
out section 134 under subparagraph (B) so that each State
receives an amount equal to the proportion that—
‘‘(i) the amount apportioned to the State to carry
out section 134 for fiscal year 2020; bears to
‘‘(ii) the total amount of funds apportioned to all
States to carry out section 134 for fiscal year 2020.
‘‘(7) CARBON REDUCTION PROGRAM.—For the carbon reduc-
tion program under section 175, 2.56266964565637 percent of
the amount remaining after distributing amounts under para-
graphs (4), (5), and (6).
‘‘(8) PROTECT FORMULA PROGRAM.—To carry out sub-
section (c) of the PROTECT program under section 176,
2.91393900690991 percent of the amount remaining after dis-
tributing amounts under paragraphs (4), (5), and (6).’’.
(c) CALCULATION OF AMOUNTS.—Section 104(c) of title 23,
United States Code, is amended—
(1) in paragraph (1)—
(A) in the matter preceding subparagraph (A), by
striking ‘‘each of fiscal years 2016 through 2020’’ and
inserting ‘‘fiscal year 2022 and each fiscal year thereafter’’;
(B) in subparagraph (A)—
(i) by striking clause (i) and inserting the following:
‘‘(i) the base apportionment; by’’; and
(ii) in clause (ii)(I), by striking ‘‘fiscal year 2015’’
and inserting ‘‘fiscal year 2021’’; and
(C) by striking subparagraph (B) and inserting the
following:
‘‘(B) GUARANTEED AMOUNTS.—The initial amounts
resulting from the calculation under subparagraph (A) shall
be adjusted to ensure that each State receives an aggregate
apportionment that is—
‘‘(i) equal to at least 95 percent of the estimated
tax payments paid into the Highway Trust Fund (other
than the Mass Transit Account) in the most recent
fiscal year for which data are available that are—
‘‘(I) attributable to highway users in the State;
and
‘‘(II) associated with taxes in effect on July
1, 2019, and only up to the rate those taxes were
in effect on that date;
‘‘(ii) at least 2 percent greater than the apportion-
ment that the State received for fiscal year 2021; and
‘‘(iii) at least 1 percent greater than the apportion-
ment that the State received for the previous fiscal
year.’’; and
(2) in paragraph (2)—
(A) by striking ‘‘fiscal years 2016 through 2020’’ and
inserting ‘‘fiscal year 2022 and each fiscal year thereafter’’;
and
(B) by inserting ‘‘the carbon reduction program under
section 175, to carry out subsection (c) of the PROTECT
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program under section 176,’’ before ‘‘and to carry out section
134’’.
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 457
(d) METROPOLITAN PLANNING.—Section 104(d)(1)(A) of title 23,
United States Code, is amended by striking ‘‘paragraphs (5)(D)
and (6) of subsection (b)’’ each place it appears and inserting ‘‘sub-
section (b)(6)’’.
(e) SUPPLEMENTAL FUNDS.—Section 104 of title 23, United
States Code, is amended by striking subsection (h).
(f) BASE APPORTIONMENT DEFINED.—Section 104 of title 23,
United States Code, is amended—
(1) by redesignating subsection (i) as subsection (h); and
(2) in subsection (h) (as so redesignated)—
(A) by striking ‘‘means’’ in the matter preceding para-
graph (1) and all that follows through ‘‘the combined
amount’’ in paragraph (1) and inserting ‘‘means the com-
bined amount’’;
(B) by striking ‘‘and to carry out section 134; minus’’
and inserting ‘‘the carbon reduction program under section
175, to carry out subsection (c) of the PROTECT program
under section 176, and to carry out section 134.’’; and
(C) by striking paragraph (2).
SEC. 11105. NATIONAL HIGHWAY PERFORMANCE PROGRAM.
Section 119 of title 23, United States Code, is amended—
(1) in subsection (b)—
(A) in paragraph (2), by striking ‘‘and’’ at the end;
(B) in paragraph (3), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(4) to provide support for activities to increase the resil-
iency of the National Highway System to mitigate the cost
of damages from sea level rise, extreme weather events,
flooding, wildfires, or other natural disasters.’’;
(2) in subsection (d)(2), by adding at the end the following:
‘‘(Q) Undergrounding public utility infrastructure car-
ried out in conjunction with a project otherwise eligible
under this section.
‘‘(R) Resiliency improvements on the National Highway
System, including protective features described in sub-
section (k)(2).
‘‘(S) Implement activities to protect segments of the
National Highway System from cybersecurity threats.’’;
(3) in subsection (e)(4)(D), by striking ‘‘analysis’’ and
inserting ‘‘analyses, both of which shall take into consideration
extreme weather and resilience’’; and
(4) by adding at the end the following:
‘‘(k) PROTECTIVE FEATURES.—
‘‘(1) IN GENERAL.—A State may use not more than 15
percent of the funds apportioned to the State under section
104(b)(1) for each fiscal year for 1 or more protective features
on a Federal-aid highway or bridge not on the National High-
way System, if the protective feature is designed to mitigate
the risk of recurring damage or the cost of future repairs
from extreme weather events, flooding, or other natural disas-
ters.
‘‘(2) PROTECTIVE FEATURES DESCRIBED.—A protective fea-
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ture referred to in paragraph (1) includes—
‘‘(A) raising roadway grades;
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135 STAT. 458 PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(B) relocating roadways in a base floodplain to higher
ground above projected flood elevation levels or away from
slide prone areas;
‘‘(C) stabilizing slide areas;
‘‘(D) stabilizing slopes;
‘‘(E) lengthening or raising bridges to increase water-
way openings;
‘‘(F) increasing the size or number of drainage struc-
tures;
‘‘(G) replacing culverts with bridges or upsizing cul-
verts;
‘‘(H) installing seismic retrofits on bridges;
‘‘(I) adding scour protection at bridges, installing
riprap, or adding other scour, stream stability, coastal,
or other hydraulic countermeasures, including spur dikes;
and
‘‘(J) the use of natural infrastructure to mitigate the
risk of recurring damage or the cost of future repair from
extreme weather events, flooding, or other natural disas-
ters.
‘‘(3) SAVINGS PROVISION.—Nothing in this subsection limits
the ability of a State to carry out a project otherwise eligible
under subsection (d) using funds apportioned under section
104(b)(1).’’.
SEC. 11106. EMERGENCY RELIEF.
Section 125 of title 23, United States Code, is amended—
(1) in subsection (a)(1), by inserting ‘‘wildfire,’’ after ‘‘severe
storm,’’;
(2) by striking subsection (b) and inserting the following:
‘‘(b) RESTRICTION ON ELIGIBILITY.—Funds under this section
shall not be used for the repair or reconstruction of a bridge that
has been permanently closed to all vehicular traffic by the State
or responsible local official because of imminent danger of collapse
due to a structural deficiency or physical deterioration.’’; and
(3) in subsection (d)—
(A) in paragraph (2)(A)—
(i) by striking the period at the end and inserting
‘‘; and’’;
(ii) by striking ‘‘a facility that meets the current’’
and inserting the following: ‘‘a facility that—
‘‘(i) meets the current’’; and
(iii) by adding at the end the following:
‘‘(ii) incorporates economically justifiable improve-
ments that will mitigate the risk of recurring damage
from extreme weather, flooding, and other natural
disasters.’’;
(B) by redesignating paragraph (3) as paragraph (4);
and
(C) by inserting after paragraph (2) the following:
‘‘(3) PROTECTIVE FEATURES.—
‘‘(A) IN GENERAL.—The cost of an improvement that
is part of a project under this section shall be an eligible
expense under this section if the improvement is a protec-
tive feature that will mitigate the risk of recurring damage
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or the cost of future repair from extreme weather, flooding,
and other natural disasters.
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 459
‘‘(B) PROTECTIVE FEATURES DESCRIBED.—A protective
feature referred to in subparagraph (A) includes—
‘‘(i) raising roadway grades;
‘‘(ii) relocating roadways in a floodplain to higher
ground above projected flood elevation levels or away
from slide prone areas;
‘‘(iii) stabilizing slide areas;
‘‘(iv) stabilizing slopes;
‘‘(v) lengthening or raising bridges to increase
waterway openings;
‘‘(vi) increasing the size or number of drainage
structures;
‘‘(vii) replacing culverts with bridges or upsizing
culverts;
‘‘(viii) installing seismic retrofits on bridges;
‘‘(ix) adding scour protection at bridges, installing
riprap, or adding other scour, stream stability, coastal,
or other hydraulic countermeasures, including spur
dikes; and
‘‘(x) the use of natural infrastructure to mitigate
the risk of recurring damage or the cost of future
repair from extreme weather, flooding, and other nat-
ural disasters.’’.
SEC. 11107. FEDERAL SHARE PAYABLE.
Section 120 of title 23, United States Code, is amended—
(1) in subsection (c)—
(A) in paragraph (1), in the first sentence, by inserting
‘‘vehicle-to-infrastructure communication equipment,’’ after
‘‘breakaway utility poles,’’;
(B) in subparagraph (3)(B)—
(i) in clause (v), by striking ‘‘or’’ at the end;
(ii) by redesignating clause (vi) as clause (vii); and
(iii) by inserting after clause (v) the following:
‘‘(vi) contractual provisions that provide safety
contingency funds to incorporate safety enhancements
to work zones prior to or during roadway construction
activities; or’’; and
(C) by adding at the end the following:
‘‘(4) POOLED FUNDING.—Notwithstanding any other provi- Waiver authority.
sion of law, the Secretary may waive the non-Federal share
of the cost of a project or activity under section 502(b)(6) that
is carried out with amounts apportioned under section 104(b)(2)
after considering appropriate factors, including whether—
‘‘(A) decreasing or eliminating the non-Federal share
would best serve the interests of the Federal-aid highway
program; and
‘‘(B) the project or activity addresses national or
regional high priority research, development, and tech-
nology transfer problems in a manner that would benefit
multiple States or metropolitan planning organizations.’’;
(2) in subsection (e)—
(A) in paragraph (1), by striking ‘‘180 days’’ and
inserting ‘‘270 days’’; and
(B) in paragraph (4), by striking ‘‘permanent’’; and
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(3) by adding at the end the following:
‘‘(l) FEDERAL SHARE FLEXIBILITY PILOT PROGRAM.—
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135 STAT. 460 PUBLIC LAW 117–58—NOV. 15, 2021
Deadline. ‘‘(1) ESTABLISHMENT.—Not later than 180 days after the
date of enactment of the Surface Transportation Reauthoriza-
tion Act of 2021, the Secretary shall establish a pilot program
(referred to in this subsection as the ‘pilot program’) to give
States additional flexibility with respect to the Federal require-
ments under this section.
‘‘(2) PROGRAM.—
‘‘(A) IN GENERAL.—Notwithstanding any other provi-
sion of law, a State participating in the pilot program
(referred to in this subsection as a ‘participating State’)
may determine the Federal share on a project, multiple-
project, or program basis for projects under any of the
following:
‘‘(i) The national highway performance program
under section 119.
‘‘(ii) The surface transportation block grant pro-
gram under section 133.
‘‘(iii) The highway safety improvement program
under section 148.
‘‘(iv) The congestion mitigation and air quality
improvement program under section 149.
‘‘(v) The national highway freight program under
section 167.
‘‘(vi) The carbon reduction program under section
175.
‘‘(vii) Subsection (c) of the PROTECT program
under section 176.
‘‘(B) REQUIREMENTS.—
‘‘(i) MAXIMUM FEDERAL SHARE.—Subject to clause
(iii), the Federal share of the cost of an individual
project carried out under a program described in
subparagraph (A) by a participating State and to which
the participating State is applying the Federal share
requirements under the pilot program may be up to
100 percent.
‘‘(ii) MINIMUM FEDERAL SHARE.—No individual
project carried out under a program described in
subparagraph (A) by a participating State and to which
the participating State is applying the Federal share
requirements under the pilot program shall have a
Federal share of 0 percent.
‘‘(iii) DETERMINATION.—The average annual Fed-
eral share of the total cost of all projects authorized
under a program described in subparagraph (A) to
which a participating State is applying the Federal
share requirements under the pilot program shall be
not more than the average of the maximum Federal
share of those projects if those projects were not carried
out under the pilot program.
‘‘(C) SELECTION.—
‘‘(i) APPLICATION.—A State seeking to be a partici-
pating State shall—
‘‘(I) submit to the Secretary an application
in such form, at such time, and containing such
information as the Secretary may require; and
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‘‘(II) have in place adequate financial controls
to allow the State to determine the average annual
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 461
Federal share requirements under the pilot pro-
gram.
‘‘(ii) REQUIREMENT.—For each of fiscal years 2022
through 2026, the Secretary shall select not more than
10 States to be participating States.’’.
SEC. 11108. RAILWAY-HIGHWAY GRADE CROSSINGS.
(a) IN GENERAL.—Section 130(e) of title 23, United States Code,
is amended—
(1) in the heading, by striking ‘‘PROTECTIVE DEVICES’’ and
inserting ‘‘RAILWAY-HIGHWAY GRADE CROSSINGS’’; and
(2) in paragraph (1)—
(A) in subparagraph (A), by striking ‘‘and the installa-
tion of protective devices at railway-highway crossings’’
in the matter preceding clause (i) and all that follows
through ‘‘2020.’’ in clause (v) and inserting the following:
‘‘, the installation of protective devices at railway-highway
crossings, the replacement of functionally obsolete warning
devices, and as described in subparagraph (B), not less
than $245,000,000 for each of fiscal years 2022 through
2026.’’; and
(B) by striking subparagraph (B) and inserting the
following:
‘‘(B) REDUCING TRESPASSING FATALITIES AND
INJURIES.—A State may use funds set aside under subpara-
graph (A) for projects to reduce pedestrian fatalities and
injuries from trespassing at grade crossings.’’.
(b) FEDERAL SHARE.—Section 130(f)(3) of title 23, United States
Code, is amended by striking ‘‘90 percent’’ and inserting ‘‘100 per-
cent’’.
(c) INCENTIVE PAYMENTS FOR AT-GRADE CROSSING CLOSURES.—
Section 130(i)(3)(B) of title 23, United States Code, is amended
by striking ‘‘$7,500’’ and inserting ‘‘$100,000’’.
(d) EXPENDITURE OF FUNDS.—Section 130(k) of title 23, United
States Code, is amended by striking ‘‘2 percent’’ and inserting
‘‘8 percent’’.
(e) GAO STUDY.—Not later than 3 years after the date of Reports.
enactment of this Act, the Comptroller General of the United States Analysis.
shall submit to Congress a report that includes an analysis of
the effectiveness of the railway-highway crossings program under
section 130 of title 23, United States Code.
(f) SENSE OF CONGRESS RELATING TO TRESPASSER DEATHS
ALONG RAILROAD RIGHTS-OF-WAY.—It is the sense of Congress that
the Department should, where feasible, coordinate departmental
efforts to prevent or reduce trespasser deaths along railroad rights-
of-way and at or near railway-highway crossings.
SEC. 11109. SURFACE TRANSPORTATION BLOCK GRANT PROGRAM.
(a) IN GENERAL.—Section 133 of title 23, United States Code,
is amended—
(1) in subsection (b)—
(A) in paragraph (1)—
(i) in subparagraph (B)—
(I) by adding ‘‘or’’ at the end;
(II) by striking ‘‘facilities eligible’’ and
inserting the following: ‘‘facilities—
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‘‘(i) that are eligible’’; and
(III) by adding at the end the following:
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135 STAT. 462 PUBLIC LAW 117–58—NOV. 15, 2021
Determination. ‘‘(ii) that are privately or majority-privately owned,
but that the Secretary determines provide a substantial
public transportation benefit or otherwise meet the
foremost needs of the surface transportation system
described in section 101(b)(3)(D);’’;
(ii) in subparagraph (E), by striking ‘‘and’’ at the
end;
(iii) in subparagraph (F), by striking the period
at the end and inserting ‘‘; and’’; and
(iv) by adding at the end the following:
‘‘(G) wildlife crossing structures.’’;
(B) in paragraph (3), by inserting ‘‘148(a)(4)(B)(xvii),’’
after ‘‘119(g),’’;
(C) by redesignating paragraphs (4) through (15) as
paragraphs (5), (6), (7), (8), (9), (10), (11), (12), (13), (20),
(21), and (22), respectively;
(D) in paragraph (5) (as so redesignated), by striking
‘‘railway-highway grade crossings’’ and inserting ‘‘projects
eligible under section 130 and installation of safety barriers
and nets on bridges’’;
(E) in paragraph (7) (as so redesignated)—
(i) by inserting ‘‘including the maintenance and
restoration of existing recreational trails,’’ after ‘‘sec-
tion 206’’; and
(ii) by striking ‘‘the safe routes to school program
under section 1404 of SAFETEA–LU (23 U.S.C. 402
note)’’ and inserting ‘‘the safe routes to school program
under section 208’’;
(F) by inserting after paragraph (13) (as so redesig-
nated) the following:
‘‘(14) Projects and strategies designed to reduce the number
of wildlife-vehicle collisions, including project-related planning,
design, construction, monitoring, and preventative mainte-
nance.
‘‘(15) The installation of electric vehicle charging infrastruc-
ture and vehicle-to-grid infrastructure.
‘‘(16) The installation and deployment of current and
emerging intelligent transportation technologies, including the
ability of vehicles to communicate with infrastructure,
buildings, and other road users.
‘‘(17) Planning and construction of projects that facilitate
intermodal connections between emerging transportation tech-
nologies, such as magnetic levitation and hyperloop.
‘‘(18) Protective features, including natural infrastructure,
to enhance the resilience of a transportation facility otherwise
eligible for assistance under this section.
‘‘(19) Measures to protect a transportation facility otherwise
eligible for assistance under this section from cybersecurity
threats.’’; and
(G) by adding at the end the following:
‘‘(23) Rural barge landing, dock, and waterfront infrastruc-
ture projects in accordance with subsection (j).
‘‘(24) Projects to enhance travel and tourism.’’;
(2) in subsection (c)—
(A) in paragraph (2), by striking ‘‘paragraphs (4)
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through (11)’’ and inserting ‘‘paragraphs (5) through (15)
and paragraph (23)’’;
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 463
(B) in paragraph (3), by striking ‘‘and’’ at the end;
(C) by redesignating paragraph (4) as paragraph (5);
and
(D) by inserting after paragraph (3) the following:
‘‘(4) for a bridge project for the replacement of a low water
crossing (as defined by the Secretary) with a bridge; and’’;
(3) in subsection (d)—
(A) in paragraph (1)—
(i) in the matter preceding subparagraph (A), by
striking ‘‘reservation’’ and inserting ‘‘set aside’’; and
(ii) in subparagraph (A)—
(I) in the matter preceding clause (i), by
striking ‘‘the percentage specified in paragraph (6)
for a fiscal year’’ and inserting ‘‘55 percent for
each of fiscal years 2022 through 2026’’; and
(II) by striking clauses (ii) and (iii) and
inserting the following:
‘‘(ii) in urbanized areas of the State with an urban-
ized area population of not less than 50,000 and not
more than 200,000;
‘‘(iii) in urban areas of the State with a population
not less than 5,000 and not more than 49,999; and
‘‘(iv) in other areas of the State with a population
less than 5,000; and’’;
(B) by striking paragraph (3) and inserting the fol-
lowing:
‘‘(3) LOCAL CONSULTATION.—
‘‘(A) CONSULTATION WITH METROPOLITAN PLANNING
ORGANIZATIONS.—For purposes of clause (ii) of paragraph
(1)(A), a State shall—
‘‘(i) establish a process to consult with all metro-
politan planning organizations in the State that rep-
resent an urbanized area described in that clause;
and
‘‘(ii) describe how funds allocated for areas
described in that clause will be allocated equitably
among the applicable urbanized areas during the
period of fiscal years 2022 through 2026.
‘‘(B) CONSULTATION WITH REGIONAL TRANSPORTATION
PLANNING ORGANIZATIONS.—For purposes of clauses (iii)
and (iv) of paragraph (1)(A), before obligating funding
attributed to an area with a population less than 50,000,
a State shall consult with the regional transportation plan-
ning organizations that represent the area, if any.’’; and
(C) by striking paragraph (6);
(4) in subsection (e)(1), in the matter preceding subpara-
graph (A), by striking ‘‘fiscal years 2016 through 2020’’ and
inserting ‘‘fiscal years 2022 through 2026’’;
(5) in subsection (f)—
(A) in paragraph (1)—
(i) by inserting ‘‘or low water crossing (as defined
by the Secretary)’’ after ‘‘a highway bridge’’; and
(ii) by inserting ‘‘or low water crossing (as defined
by the Secretary)’’ after ‘‘other than a bridge’’;
(B) in paragraph (2)(A)—
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(i) by striking ‘‘activities described in subsection
(b)(2) for off-system bridges’’ and inserting ‘‘activities
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135 STAT. 464 PUBLIC LAW 117–58—NOV. 15, 2021
described in paragraphs (1)(A) and (10) of subsection
(b) for off-system bridges, projects and activities
described in subsection (b)(1)(A) for the replacement
of low water crossings with bridges, and projects and
activities described in subsection (b)(10) for low water
crossings (as defined by the Secretary),’’; and
(ii) by striking ‘‘15 percent’’ and inserting ‘‘20 per-
cent’’; and
(C) in paragraph (3), in the matter preceding subpara-
graph (A)—
(i) by striking ‘‘bridge or rehabilitation of a bridge’’
and inserting ‘‘bridge, rehabilitation of a bridge, or
replacement of a low water crossing (as defined by
the Secretary) with a bridge’’; and
Determination. (ii) by inserting ‘‘or, in the case of a replacement
of a low water crossing with a bridge, is determined
by the Secretary on completion to have improved the
safety of the location’’ after ‘‘no longer a deficient
bridge’’;
(6) in subsection (g)—
(A) in the subsection heading, by striking ‘‘LESS THAN
5,000’’ and inserting ‘‘LESS THAN 50,000’’; and
(B) by striking paragraph (1) and inserting the fol-
lowing:
‘‘(1) IN GENERAL.—Notwithstanding subsection (c), and
except as provided in paragraph (2), up to 15 percent of the
amounts required to be obligated by a State under clauses
(iii) and (iv) of subsection (d)(1)(A) for each fiscal year may
be obligated on—
‘‘(A) roads functionally classified as rural minor collec-
tors or local roads; or
‘‘(B) on critical rural freight corridors designated under
section 167(e).’’; and
(7) by adding at the end the following:
‘‘(j) RURAL BARGE LANDING, DOCK, AND WATERFRONT INFRA-
STRUCTURE PROJECTS.—
‘‘(1) IN GENERAL.—A State may use not more than 5 percent
of the funds apportioned to the State under section 104(b)(2)
for eligible rural barge landing, dock, and waterfront infrastruc-
ture projects described in paragraph (2).
‘‘(2) ELIGIBLE PROJECTS.—An eligible rural barge landing,
dock, or waterfront infrastructure project referred to in para-
graph (1) is a project for the planning, designing, engineering,
or construction of a barge landing, dock, or other waterfront
infrastructure in a rural community or a Native village (as
defined in section 3 of the Alaska Native Claims Settlement
Act (43 U.S.C. 1602)) that is off the road system.
‘‘(k) PROJECTS IN RURAL AREAS.—
‘‘(1) SET ASIDE.—Notwithstanding subsection (c), in addition
to the activities described in subsections (b) and (g), of the
amounts apportioned to a State for each fiscal year to carry
out this section, not more than 15 percent may be—
‘‘(A) used on eligible projects under subsection (b) or
maintenance activities on roads functionally classified as
rural minor collectors or local roads, ice roads, or seasonal
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roads; or
‘‘(B) transferred to—
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 465
‘‘(i) the Appalachian Highway System Program
under 14501 of title 40; or
‘‘(ii) the Denali access system program under sec-
tion 309 of the Denali Commission Act of 1998 (42
U.S.C. 3121 note; Public Law 105–277).
‘‘(2) SAVINGS CLAUSE.—Amounts allocated under subsection
(d) shall not be used to carry out this subsection, except at
the request of the applicable metropolitan planning organiza-
tion.’’.
(b) SET-ASIDE.—
(1) IN GENERAL.—Section 133(h) of title 23, United States
Code, is amended—
(A) in paragraph (1)—
(i) in the heading, by striking ‘‘RESERVATION OF
FUNDS’’ and inserting ‘‘IN GENERAL’’; and
(ii) in the matter preceding subparagraph (A), by
striking ‘‘for each fiscal year’’ and all that follows
through ‘‘and’’ at the end of subparagraph (A)(ii) and
inserting the following: ‘‘for fiscal year 2022 and each
fiscal year thereafter—
‘‘(A) the Secretary shall set aside an amount equal
to 10 percent to carry out this subsection; and’’;
(B) by striking paragraph (2) and inserting the fol-
lowing:
‘‘(2) ALLOCATION WITHIN A STATE.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), funds set aside for a State under paragraph (1) shall
be obligated within that State in the manner described
in subsection (d), except that, for purposes of this paragraph
(after funds are made available under paragraph (5))—
‘‘(i) for fiscal year 2022 and each fiscal year there-
after, the percentage referred to in paragraph (1)(A)
of that subsection shall be deemed to be 59 percent;
and
‘‘(ii) paragraph (3) of subsection (d) shall not apply.
‘‘(B) LOCAL CONTROL.—A State may allocate up to 100
percent of the funds referred to in subparagraph (A)(i)
if—
‘‘(i) the State submits to the Secretary a plan that Plan.
describes—
‘‘(I) how funds will be allocated to counties,
metropolitan planning organizations, regional
transportation planning organizations as described
in section 135(m), or local governments;
‘‘(II) how the entities described in subclause
(I) will carry out a competitive process to select
projects for funding and report selected projects
to the State;
‘‘(III) the legal, financial, and technical
capacity of the entities described in subclause (I);
‘‘(IV) how input was gathered from the entities
described in subclause (I) to ensure those entities
will be able to comply with the requirements of
this subsection; and
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‘‘(V) how the State will comply with paragraph
(8); and
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135 STAT. 466 PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(ii) the Secretary approves the plan submitted
under clause (i).’’;
(C) by striking paragraph (3) and inserting the fol-
lowing:
‘‘(3) ELIGIBLE PROJECTS.—Funds set aside under this sub-
section may be obligated for—
‘‘(A) projects or activities described in section 101(a)(29)
or 213, as those provisions were in effect on the day before
the date of enactment of the FAST Act (Public Law 114–
94; 129 Stat. 1312);
‘‘(B) projects and activities under the safe routes to
school program under section 208; and
‘‘(C) activities in furtherance of a vulnerable road user
safety assessment (as defined in section 148(a)).’’;
(D) in paragraph (4)—
(i) by striking subparagraph (A);
(ii) by redesignating subparagraph (B) as subpara-
graph (A);
(iii) in subparagraph (A) (as so redesignated)—
(I) by redesignating clauses (vii) and (viii) as
clauses (viii) and (ix), respectively;
(II) by inserting after clause (vi) the following:
‘‘(vii) a metropolitan planning organization that
serves an urbanized area with a population of 200,000
or fewer;’’;
(III) in clause (viii) (as so redesignated), by
striking ‘‘responsible’’ and all that follows through
‘‘programs; and’’ and inserting a semicolon;
(IV) in clause (ix) (as so redesignated)—
(aa) by inserting ‘‘that serves an urbanized
area with a population of over 200,000’’ after
‘‘metropolitan planning organization’’; and
(bb) by striking the period at the end and
inserting ‘‘; and’’; and
(V) by adding at the end the following:
‘‘(x) a State, at the request of an entity described
in clauses (i) through (ix).’’; and
(iv) by adding at the end the following:
‘‘(B) COMPETITIVE PROCESS.—A State or metropolitan
planning organization required to obligate funds in accord-
ance with paragraph (2) shall develop a competitive process
to allow eligible entities to submit projects for funding
that achieve the objectives of this subsection.
‘‘(C) SELECTION.—A metropolitan planning organiza-
tion for an area described in subsection (d)(1)(A)(i) shall
select projects under the competitive process described in
subparagraph (B) in consultation with the relevant State.
‘‘(D) PRIORITIZATION.—The competitive process
described in subparagraph (B) shall include prioritization
of project location and impact in high-need areas as defined
by the State, such as low-income, transit-dependent, rural,
or other areas.’’;
(E) in paragraph (5)(A), by striking ‘‘reserved under
this section’’ and inserting ‘‘set aside under this subsection’’;
(F) in paragraph (6)—
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(i) in subparagraph (B), by striking ‘‘reserved’’ and
inserting ‘‘set aside’’; and
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 467
(ii) by adding at the end the following:
‘‘(C) IMPROVING ACCESSIBILITY AND EFFICIENCY.—
‘‘(i) IN GENERAL.—A State may use an amount
equal to not more than 5 percent of the funds set
aside for the State under this subsection, after allo-
cating funds in accordance with paragraph (2)(A), to
improve the ability of applicants to access funding
for projects under this subsection in an efficient and
expeditious manner by providing—
‘‘(I) to applicants for projects under this sub-
section application assistance, technical assistance,
and assistance in reducing the period of time
between the selection of the project and the obliga-
tion of funds for the project; and
‘‘(II) funding for 1 or more full-time State
employee positions to administer this subsection.
‘‘(ii) USE OF FUNDS.—Amounts used under clause
(i) may be expended—
‘‘(I) directly by the State; or
‘‘(II) through contracts with State agencies,
private entities, or nonprofit entities.’’;
(G) by redesignating paragraph (7) as paragraph (8);
(H) by inserting after paragraph (6) the following:
‘‘(7) FEDERAL SHARE.—
‘‘(A) REQUIRED AGGREGATE NON-FEDERAL SHARE.—The
average annual non-Federal share of the total cost of all
projects for which funds are obligated under this subsection
in a State for a fiscal year shall be not less than the
average non-Federal share of the cost of the projects that
would otherwise apply.
‘‘(B) FLEXIBLE FINANCING.—Subject to subparagraph
(A), notwithstanding section 120—
‘‘(i) funds made available to carry out section 148
may be credited toward the non-Federal share of the
costs of a project under this subsection if the project—
‘‘(I) is an eligible project described in section
148(e)(1); and
‘‘(II) is consistent with the State strategic high-
way safety plan (as defined in section 148(a));
‘‘(ii) the non-Federal share for a project under this
subsection may be calculated on a project, multiple-
project, or program basis; and
‘‘(iii) the Federal share of the cost of an individual
project in this section may be up to 100 percent.
‘‘(C) REQUIREMENT.—Subparagraph (B) shall only Applicability.
apply to a State if the State has adequate financial controls, Certification.
as certified by the Secretary, to account for the average
annual non-Federal share under this paragraph.’’; and
(I) in subparagraph (A) of paragraph (8) (as so redesig-
nated)—
(i) in the matter preceding clause (i), by striking
‘‘describes’’ and inserting ‘‘includes’’; and
(ii) by striking clause (ii) and inserting the fol-
lowing:
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‘‘(ii) a list of each project selected for funding for
each fiscal year, including, for each project—
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135 STAT. 468 PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(I) the fiscal year during which the project
was selected;
‘‘(II) the fiscal year in which the project is
anticipated to be funded;
‘‘(III) the recipient;
‘‘(IV) the location, including the congressional
district;
‘‘(V) the type;
‘‘(VI) the cost; and
‘‘(VII) a brief description.’’.
(2) STATE TRANSFERABILITY.—Section 126(b)(2) of title 23,
United States Code, is amended—
(A) by striking the period at the end and inserting
‘‘; and’’;
(B) by striking ‘‘reserved for a State under section
133(h) for a fiscal year may’’ and inserting the following:
‘‘set aside for a State under section 133(h) for a fiscal
year—
‘‘(A) may’’; and
(C) by adding at the end the following:
Certification. ‘‘(B) may only be transferred if the Secretary certifies
that the State—
‘‘(i) held a competition in compliance with the guid-
ance issued to carry out section 133(h) and provided
sufficient time for applicants to apply;
‘‘(ii) offered to each eligible entity, and provided
on request of an eligible entity, technical assistance;
and
‘‘(iii) demonstrates that there were not sufficiently
suitable applications from eligible entities to use the
funds to be transferred.’’.
SEC. 11110. NATIONALLY SIGNIFICANT FREIGHT AND HIGHWAY
PROJECTS.
(a) IN GENERAL.—Section 117 of title 23, United States Code,
is amended—
(1) in the section heading, by inserting ‘‘multimodal’’
before ‘‘freight’’;
(2) in subsection (a)(2)—
(A) in subparagraph (A), by inserting ‘‘in and across
rural and urban areas’’ after ‘‘people’’;
(B) in subparagraph (C), by inserting ‘‘or freight’’ after
‘‘highway’’;
(C) in subparagraph (E), by inserting ‘‘or freight’’ after
‘‘highway’’; and
(D) in subparagraph (F), by inserting ‘‘, including high-
ways that support movement of energy equipment’’ after
‘‘security’’;
(3) in subsection (b), by adding at the end the following:
‘‘(3) GRANT ADMINISTRATION.—The Secretary may—
Reviews. ‘‘(A) retain not more than a total of 2 percent of the
funds made available to carry out this section for the
National Surface Transportation and Innovative Finance
Bureau to review applications for grants under this section;
and
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Transfer ‘‘(B) transfer portions of the funds retained under
authority. subparagraph (A) to the relevant Administrators to fund
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 469
the award and oversight of grants provided under this
section.’’;
(4) in subsection (c)(1)—
(A) by redesignating subparagraph (H) as subpara-
graph (I); and
(B) by inserting after subparagraph (G) the following:
‘‘(H) A multistate corridor organization.’’;
(5) in subsection (d)—
(A) in paragraph (1)(A)—
(i) in clause (iii)(II), by striking ‘‘or’’ at the end;
(ii) in clause (iv), by striking ‘‘and’’ at the end;
and
(iii) by adding at the end the following:
‘‘(v) a wildlife crossing project;
‘‘(vi) a surface transportation infrastructure project
that—
‘‘(I) is located within the boundaries of or func-
tionally connected to an international border
crossing area in the United States;
‘‘(II) improves a transportation facility owned
by a Federal, State, or local government entity;
and
‘‘(III) increases throughput efficiency of the
border crossing described in subclause (I),
including—
‘‘(aa) a project to add lanes;
‘‘(bb) a project to add technology; and
‘‘(cc) other surface transportation improve-
ments;
‘‘(vii) a project for a marine highway corridor des- Determination.
ignated by the Secretary under section 55601(c) of
title 46 (including an inland waterway corridor), if
the Secretary determines that the project—
‘‘(I) is functionally connected to the National
Highway Freight Network; and
‘‘(II) is likely to reduce on-road mobile source
emissions; or
‘‘(viii) a highway, bridge, or freight project carried
out on the National Multimodal Freight Network estab-
lished under section 70103 of title 49; and’’; and
(B) in paragraph (2)(A), in the matter preceding clause
(i)—
(i) by striking ‘‘$600,000,000’’ and inserting ‘‘30
percent’’; and
(ii) by striking ‘‘fiscal years 2016 through 2020,
in the aggregate,’’ and inserting ‘‘each of fiscal years
2022 through 2026’’;
(6) in subsection (e)—
(A) in paragraph (1), by striking ‘‘10 percent’’ and
inserting ‘‘not less than 15 percent’’;
(B) in paragraph (3)—
(i) in subparagraph (A), by striking ‘‘and’’ at the
end;
(ii) in subparagraph (B), by striking the period
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at the end and inserting ‘‘; and’’; and
(iii) by adding at the end the following:
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135 STAT. 470 PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(C) the effect of the proposed project on safety on
freight corridors with significant hazards, such as high
winds, heavy snowfall, flooding, rockslides, mudslides, wild-
fire, wildlife crossing onto the roadway, or steep grades.’’;
and
(C) by adding at the end the following:
‘‘(4) REQUIREMENT.—Of the amounts reserved under para-
graph (1), not less than 30 percent shall be used for projects
in rural areas (as defined in subsection (i)(3)).’’;
(7) in subsection (f)(2), by inserting ‘‘(including a project
to replace or rehabilitate a culvert, or to reduce stormwater
runoff for the purpose of improving habitat for aquatic species)’’
after ‘‘environmental mitigation’’;
(8) in subsection (h)—
(A) in paragraph (2), by striking ‘‘and’’ at the end;
(B) in paragraph (3), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
‘‘(4) enhancement of freight resilience to natural hazards
or disasters, including high winds, heavy snowfall, flooding,
rockslides, mudslides, wildfire, wildlife crossing onto the road-
way, or steep grades;
‘‘(5) whether the project will improve the shared transpor-
tation corridor of a multistate corridor organization, if
applicable; and
‘‘(6) prioritizing projects located in States in which neither
the State nor an eligible entity in that State has been awarded
a grant under this section.’’;
(9) in subsection (i)(2), by striking ‘‘other grants under
this section’’ and inserting ‘‘grants under subsection (e)’’;
(10) in subsection (j)—
(A) by striking the subsection designation and heading
and all that follows through ‘‘The Federal share’’ in para-
graph (1) and inserting the following:
‘‘(j) FEDERAL ASSISTANCE.—
‘‘(1) FEDERAL SHARE.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B) or for a grant under subsection (q), the Federal share’’;
(B) in paragraph (1), by adding at the end the following:
‘‘(B) SMALL PROJECTS.—In the case of a project
described in subsection (e)(1), the Federal share of the
cost of the project shall be 80 percent.’’; and
(C) in paragraph (2)—
(i) by striking ‘‘Federal assistance other’’ and
inserting ‘‘Except for grants under subsection (q), Fed-
eral assistance other’’; and
(ii) by striking ‘‘except that the total Federal’’ and
inserting the following: ‘‘except that—
‘‘(A) for a State with a population density of not more
than 80 persons per square mile of land area, based on
the 2010 census, the maximum share of the total Federal
assistance provided for a project receiving a grant under
this section shall be the applicable share under section
120(b); and
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‘‘(B) for a State not described in subparagraph (A),
the total Federal’’;
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 471
(11) by redesignating subsections (k) through (n) as sub-
sections (l), (m), (n), and (p), respectively;
(12) by inserting after subsection (j) the following:
‘‘(k) EFFICIENT USE OF NON-FEDERAL FUNDS.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of Grants.
law and subject to approval by the Secretary under paragraph
(2)(B), in the case of any grant for a project under this section,
during the period beginning on the date on which the grant
recipient is selected and ending on the date on which the
grant agreement is signed—
‘‘(A) the grant recipient may obligate and expend non-
Federal funds with respect to the project for which the
grant is provided; and
‘‘(B) any non-Federal funds obligated or expended in
accordance with subparagraph (A) shall be credited toward
the non-Federal cost share for the project for which the
grant is provided.
‘‘(2) REQUIREMENTS.—
‘‘(A) APPLICATION.—In order to obligate and expend
non-Federal funds under paragraph (1), the grant recipient
shall submit to the Secretary a request to obligate and
expend non-Federal funds under that paragraph,
including—
‘‘(i) a description of the activities the grant
recipient intends to fund;
‘‘(ii) a justification for advancing the activities
described in clause (i), including an assessment of the
effects to the project scope, schedule, and budget if
the request is not approved; and
‘‘(iii) the level of risk of the activities described
in clause (i).
‘‘(B) APPROVAL.—The Secretary shall approve or dis-
approve each request submitted under subparagraph (A).
‘‘(C) COMPLIANCE WITH APPLICABLE REQUIREMENTS.—
Any non-Federal funds obligated or expended under para-
graph (1) shall comply with all applicable requirements,
including any requirements included in the grant agree-
ment.
‘‘(3) EFFECT.—The obligation or expenditure of any non-
Federal funds in accordance with this subsection shall not—
‘‘(A) affect the signing of a grant agreement or other
applicable grant procedures with respect to the applicable
grant;
‘‘(B) create an obligation on the part of the Federal
Government to repay any non-Federal funds if the grant
agreement is not signed; or
‘‘(C) affect the ability of the recipient of the grant
to obligate or expend non-Federal funds to meet the non-
Federal cost share for the project for which the grant
is provided after the period described in paragraph (1).’’;
(13) in subsection (n) (as so redesignated), by striking para-
graph (1) and inserting the following:
‘‘(1) IN GENERAL.—Not later than 60 days before the date Reports.
on which a grant is provided for a project under this section,
the Secretary shall submit to the Committees on Commerce,
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Science, and Transportation and Environment and Public
Works of the Senate and the Committee on Transportation
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135 STAT. 472 PUBLIC LAW 117–58—NOV. 15, 2021
and Infrastructure of the House of Representatives a report
describing the proposed grant, including—
Evaluation. ‘‘(A) an evaluation and justification for the applicable
project; and
‘‘(B) a description of the amount of the proposed grant
award.’’;
(14) by inserting after subsection (n) (as so redesignated)
the following:
Deadlines. ‘‘(o) APPLICANT NOTIFICATION.—
‘‘(1) IN GENERAL.—Not later than 60 days after the date
on which a grant recipient for a project under this section
is selected, the Secretary shall provide to each eligible applicant
not selected for that grant a written notification that the eligible
applicant was not selected.
‘‘(2) INCLUSION.—A written notification under paragraph
(1) shall include an offer for a written or telephonic debrief
by the Secretary that will provide—
‘‘(A) detail on the evaluation of the application of the
eligible applicant; and
‘‘(B) an explanation of and guidance on the reasons
the application was not selected for a grant under this
section.
‘‘(3) RESPONSE.—
‘‘(A) IN GENERAL.—Not later than 30 days after the
eligible applicant receives a written notification under para-
graph (1), if the eligible applicant opts to receive a debrief
described in paragraph (2), the eligible applicant shall
notify the Secretary that the eligible applicant is requesting
a debrief.
‘‘(B) DEBRIEF.—If the eligible applicant submits a
request for a debrief under subparagraph (A), the Secretary
shall provide the debrief by not later than 60 days after
the date on which the Secretary receives the request for
a debrief.’’; and
(15) by striking subsection (p) (as so redesignated) and
inserting the following:
‘‘(p) REPORTS.—
‘‘(1) ANNUAL REPORT.—
Criteria. ‘‘(A) IN GENERAL.—Notwithstanding any other provi-
sion of law, not later than 30 days after the date on
which the Secretary selects a project for funding under
this section, the Secretary shall submit to the Committee
on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives a report that describes the rea-
sons for selecting the project, based on any criteria estab-
lished by the Secretary in accordance with this section.
‘‘(B) INCLUSIONS.—The report submitted under
subparagraph (A) shall specify each criterion established
by the Secretary that the project meets.
Web posting. ‘‘(C) AVAILABILITY.—The Secretary shall make avail-
able on the website of the Department of Transportation
the report submitted under subparagraph (A).
‘‘(D) APPLICABILITY.—This paragraph applies to all
projects described in subparagraph (A) that the Secretary
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selects on or after October 1, 2021.
‘‘(2) COMPTROLLER GENERAL.—
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 473
‘‘(A) ASSESSMENT.—The Comptroller General of the
United States shall conduct an assessment of the establish-
ment, solicitation, selection, and justification process with
respect to the funding of projects under this section.
‘‘(B) REPORT.—Not later than 1 year after the date
of enactment of the Surface Transportation Reauthorization
Act of 2021 and annually thereafter, the Comptroller Gen-
eral of the United States shall submit to the Committee
on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives a report that describes, for each
project selected to receive funding under this section—
‘‘(i) the process by which each project was selected;
‘‘(ii) the factors that went into the selection of
each project; and
‘‘(iii) the justification for the selection of each
project based on any criteria established by the Sec-
retary in accordance with this section.
‘‘(3) INSPECTOR GENERAL.—Not later than 1 year after the Deadline.
date of enactment of the Surface Transportation Reauthoriza-
tion Act of 2021 and annually thereafter, the Inspector General
of the Department of Transportation shall—
‘‘(A) conduct an assessment of the establishment, solici- Assessment.
tation, selection, and justification process with respect to
the funding of projects under this section; and
‘‘(B) submit to the Committee on Environment and Reports.
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Rep-
resentatives a final report that describes the findings of
the Inspector General of the Department of Transportation
with respect to the assessment conducted under subpara-
graph (A).
‘‘(q) STATE INCENTIVES PILOT PROGRAM.— Grants.
‘‘(1) ESTABLISHMENT.—There is established a pilot program
to award grants to eligible applicants for projects eligible for
grants under this section (referred to in this subsection as
the ‘pilot program’).
‘‘(2) PRIORITY.—In awarding grants under the pilot pro-
gram, the Secretary shall give priority to an application that
offers a greater non-Federal share of the cost of a project
relative to other applications under the pilot program.
‘‘(3) FEDERAL SHARE.—
‘‘(A) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Federal share of the cost of a project
assisted with a grant under the pilot program may not
exceed 50 percent.
‘‘(B) NO FEDERAL INVOLVEMENT.—
‘‘(i) IN GENERAL.—For grants awarded under the
pilot program, except as provided in clause (ii), an
eligible applicant may not use Federal assistance to
satisfy the non-Federal share of the cost under
subparagraph (A).
‘‘(ii) EXCEPTION.—An eligible applicant may use
funds from a secured loan (as defined in section 601(a))
to satisfy the non-Federal share of the cost under
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subparagraph (A) if the loan is repayable from non-
Federal funds.
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135 STAT. 474 PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(4) RESERVATION.—
‘‘(A) IN GENERAL.—Of the amounts made available to
provide grants under this section, the Secretary shall
reserve for each fiscal year $150,000,000 to provide grants
under the pilot program.
‘‘(B) UNUTILIZED AMOUNTS.—In any fiscal year during
which applications under this subsection are insufficient
to effect an award or allocation of the entire amount
reserved under subparagraph (A), the Secretary shall use
the unutilized amounts to provide other grants under this
section.
Applicability. ‘‘(5) SET-ASIDES.—
‘‘(A) SMALL PROJECTS.—
‘‘(i) IN GENERAL.—Of the amounts reserved under
paragraph (4)(A), the Secretary shall reserve for each
fiscal year not less than 10 percent for projects eligible
for a grant under subsection (e).
‘‘(ii) REQUIREMENT.—For a grant awarded from the
amount reserved under clause (i)—
‘‘(I) the requirements of subsection (e) shall
apply; and
‘‘(II) the requirements of subsection (g) shall
not apply.
‘‘(B) RURAL PROJECTS.—
‘‘(i) IN GENERAL.—Of the amounts reserved under
paragraph (4)(A), the Secretary shall reserve for each
fiscal year not less than 25 percent for projects eligible
for a grant under subsection (i).
‘‘(ii) REQUIREMENT.—For a grant awarded from the
amount reserved under clause (i), the requirements
of subsection (i) shall apply.
‘‘(6) REPORT TO CONGRESS.—Not later than 2 years after
the date of enactment of this subsection, the Secretary shall
submit to the Committee on Environment and Public Works
and the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infra-
structure of the House of Representatives a report that
describes the administration of the pilot program, including—
‘‘(A) the number, types, and locations of eligible
applicants that have applied for grants under the pilot
program;
‘‘(B) the number, types, and locations of grant recipi-
ents under the pilot program;
Assessment. ‘‘(C) an assessment of whether implementation of the
pilot program has incentivized eligible applicants to offer
a greater non-Federal share for grants under the pilot
program; and
Recommenda- ‘‘(D) any recommendations for modifications to the pilot
tions. program.
‘‘(r) MULTISTATE CORRIDOR ORGANIZATION DEFINED.—For pur-
poses of this section, the term ‘multistate corridor organization’
means an organization of a group of States developed through
cooperative agreements, coalitions, or other arrangements to pro-
mote regional cooperation, planning, and shared project
implementation for programs and projects to improve transportation
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system management and operations for a shared transportation
corridor.
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 475
‘‘(s) ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to amounts made available from the Highway Trust Fund,
there are authorized to be appropriated to carry out this section,
to remain available for a period of 3 fiscal years following the
fiscal year for which the amounts are appropriated—
‘‘(1) $1,000,000,000 for fiscal year 2022;
‘‘(2) $1,100,000,000 for fiscal year 2023;
‘‘(3) $1,200,000,000 for fiscal year 2024;
‘‘(4) $1,300,000,000 for fiscal year 2025; and
‘‘(5) $1,400,000,000 for fiscal year 2026.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title
23, United States Code, is amended by striking the item relating 23 USC 101 prec.
to section 117 and inserting the following:
‘‘117. Nationally significant multimodal freight and highway projects.’’.
(c) EFFICIENT USE OF NON-FEDERAL FUNDS.— 23 USC 117 note.
(1) IN GENERAL.—Notwithstanding any other provision of Grants.
law, in the case of a grant described in paragraph (2), section Applicability.
117(k) of title 23, United States Code, shall apply to the grant
as if the grant was a grant provided under that section.
(2) GRANT DESCRIBED.—A grant referred to in paragraph
(1) is a grant that is—
(A) provided under a competitive discretionary grant
program administered by the Federal Highway Administra-
tion;
(B) for a project eligible under title 23, United States
Code; and
(C) in an amount greater than $5,000,000.
SEC. 11111. HIGHWAY SAFETY IMPROVEMENT PROGRAM.
(a) IN GENERAL.—Section 148 of title 23, United States Code,
is amended—
(1) in subsection (a)—
(A) in paragraph (4)(B)—
(i) in clause (i), by inserting ‘‘that provides for
the safety of all road users, as appropriate, including
a multimodal roundabout’’ after ‘‘improvement’’;
(ii) in clause (vi), by inserting ‘‘or a grade separa-
tion project’’ after ‘‘devices’’;
(iii) by striking clause (viii) and inserting the fol-
lowing:
‘‘(viii) Construction or installation of features,
measures, and road designs to calm traffic and reduce
vehicle speeds.’’;
(iv) by striking clause (xxvi) and inserting the
following:
‘‘(xxvi) Installation or upgrades of traffic control
devices for pedestrians and bicyclists, including pedes-
trian hybrid beacons and the addition of bicycle move-
ment phases to traffic signals.’’; and
(v) by striking clauses (xxvii) and (xxviii) and
inserting the following:
‘‘(xxvii) Roadway improvements that provide sepa-
ration between pedestrians and motor vehicles or
between bicyclists and motor vehicles, including
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medians, pedestrian crossing islands, protected bike
lanes, and protected intersection features.
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135 STAT. 476 PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(xxviii) A pedestrian security feature designed to
slow or stop a motor vehicle.
‘‘(xxix) A physical infrastructure safety project not
described in clauses (i) through (xxviii).’’;
(B) by redesignating paragraphs (9) through (12) as
paragraphs (10), (12), (13), and (14), respectively;
(C) by inserting after paragraph (8) the following:
Definition. ‘‘(9) SAFE SYSTEM APPROACH.—The term ‘safe system
approach’ means a roadway design—
‘‘(A) that emphasizes minimizing the risk of injury
or fatality to road users; and
‘‘(B) that—
‘‘(i) takes into consideration the possibility and
likelihood of human error;
‘‘(ii) accommodates human injury tolerance by
taking into consideration likely accident types,
resulting impact forces, and the ability of the human
body to withstand impact forces; and
‘‘(iii) takes into consideration vulnerable road
users.’’;
(D) by inserting after paragraph (10) (as so redesig-
nated) the following:
‘‘(11) SPECIFIED SAFETY PROJECT.—
Definition. ‘‘(A) IN GENERAL.—The term ‘specified safety project’
means a project carried out for the purpose of safety under
any other section of this title that is consistent with the
State strategic highway safety plan.
‘‘(B) INCLUSION.—The term ‘specified safety project’
includes a project that—
‘‘(i) promotes public awareness and informs the
public regarding highway safety matters (including
safety for motorcyclists, bicyclists, pedestrians, individ-
uals with disabilities, and other road users);
‘‘(ii) facilitates enforcement of traffic safety laws;
‘‘(iii) provides infrastructure and infrastructure-
related equipment to support emergency services;
‘‘(iv) conducts safety-related research to evaluate
experimental safety countermeasures or equipment; or
‘‘(v) supports safe routes to school noninfrastruc-
ture-related activities described in section 208(g)(2).’’;
(E) in paragraph (13) (as so redesignated)—
(i) by redesignating subparagraphs (G), (H), and
(I) as subparagraphs (H), (I), and (J), respectively;
and
(ii) by inserting after subparagraph (F) the fol-
lowing;
‘‘(G) includes a vulnerable road user safety assess-
ment;’’; and
Definitions. (F) by adding at the end the following:
‘‘(15) VULNERABLE ROAD USER.—The term ‘vulnerable road
user’ means a nonmotorist—
‘‘(A) with a fatality analysis reporting system person
attribute code that is included in the definition of the
term ‘number of non-motorized fatalities’ in section 490.205
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of title 23, Code of Federal Regulations (or successor regula-
tions); or
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 477
‘‘(B) described in the term ‘number of non-motorized
serious injuries’ in that section.
‘‘(16) VULNERABLE ROAD USER SAFETY ASSESSMENT.—The
term ‘vulnerable road user safety assessment’ means an assess-
ment of the safety performance of the State with respect to
vulnerable road users and the plan of the State to improve
the safety of vulnerable road users as described in subsection
(l).’’;
(2) in subsection (c)—
(A) in paragraph (1)(A), by striking ‘‘subsections
(a)(11)’’ and inserting ‘‘subsections (a)(13)’’; and
(B) in paragraph (2)—
(i) in subparagraph (A)(vi), by inserting ‘‘and to
differentiate the safety data for vulnerable road users,
including bicyclists, motorcyclists, and pedestrians,
from other road users’’ after ‘‘crashes’’;
(ii) in subparagraph (B)(i), by striking ‘‘(including
motorcyclists), bicyclists, pedestrians,’’ and inserting
‘‘, vulnerable road users (including motorcyclists,
bicyclists, pedestrians),’’; and
(iii) in subparagraph (D)—
(I) in clause (iv), by striking ‘‘and’’ at the end;
(II) in clause (v), by striking the semicolon
at the end and inserting ‘‘; and’’; and
(III) by adding at the end the following:
‘‘(vi) improves the ability of the State to differen-
tiate the fatalities and serious injuries of vulnerable
road users, including bicyclists, motorcyclists, and
pedestrians, from other road users;’’;
(3) in subsection (d)(2)(B)(i), by striking ‘‘subsection (a)(11)’’
and inserting ‘‘subsection (a)(13)’’;
(4) in subsection (e), by adding at the end the following:
‘‘(3) FLEXIBLE FUNDING FOR SPECIFIED SAFETY PROJECTS.—
‘‘(A) IN GENERAL.—To advance the implementation of
a State strategic highway safety plan, a State may use
not more than 10 percent of the amounts apportioned to
the State under section 104(b)(3) for a fiscal year to carry
out specified safety projects.
‘‘(B) RULE OF CONSTRUCTION.—Nothing in this para-
graph requires a State to revise any State process, plan,
or program in effect on the date of enactment of this
paragraph.
‘‘(C) EFFECT OF PARAGRAPH.—
‘‘(i) REQUIREMENTS.—A project carried out under
this paragraph shall be subject to all requirements
under this section that apply to a highway safety
improvement project.
‘‘(ii) OTHER APPORTIONED PROGRAMS.—Nothing in
this paragraph prohibits the use of funds made avail-
able under other provisions of this title for a specified
safety project that is a noninfrastructure project.’’;
(5) in subsection (g), by adding at the end the following:
‘‘(3) VULNERABLE ROAD USER SAFETY.—If the total annual Requirement.
fatalities of vulnerable road users in a State represents not
less than 15 percent of the total annual crash fatalities in
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the State, that State shall be required to obligate not less
than 15 percent of the amounts apportioned to the State under
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135 STAT. 478 PUBLIC LAW 117–58—NOV. 15, 2021
section 104(b)(3) for the following fiscal year for highway safety
improvement projects to address the safety of vulnerable road
users.’’; and
(6) by adding at the end the following:
‘‘(l) VULNERABLE ROAD USER SAFETY ASSESSMENT.—
Deadline. ‘‘(1) IN GENERAL.—Not later than 2 years after the date
of enactment of this subsection, each State shall complete a
vulnerable road user safety assessment.
‘‘(2) CONTENTS.—A vulnerable road user safety assessment
under paragraph (1) shall include—
Analysis. ‘‘(A) a quantitative analysis of vulnerable road user
Data. fatalities and serious injuries that—
‘‘(i) includes data such as location, roadway func-
tional classification, design speed, speed limit, and time
of day;
‘‘(ii) considers the demographics of the locations
of fatalities and serious injuries, including race, eth-
nicity, income, and age; and
‘‘(iii) based on the data, identifies areas as ‘high-
risk’ to vulnerable road users; and
Strategies. ‘‘(B) a program of projects or strategies to reduce safety
risks to vulnerable road users in areas identified as high-
risk under subparagraph (A)(iii).
‘‘(3) USE OF DATA.—In carrying out a vulnerable road user
safety assessment under paragraph (1), a State shall use data
from the most recent 5-year period for which data is available.
‘‘(4) REQUIREMENTS.—In carrying out a vulnerable road
user safety assessment under paragraph (1), a State shall—
‘‘(A) take into consideration a safe system approach;
and
Consultation. ‘‘(B) consult with local governments, metropolitan plan-
ning organizations, and regional transportation planning
organizations that represent a high-risk area identified
under paragraph (2)(A)(iii).
‘‘(5) UPDATE.—A State shall update the vulnerable road
user safety assessment of the State in accordance with the
updates required to the State strategic highway safety plan
under subsection (d).
‘‘(6) REQUIREMENT FOR TRANSPORTATION SYSTEM ACCESS.—
The program of projects developed under paragraph (2)(B) may
not degrade transportation system access for vulnerable road
users.
‘‘(7) GUIDANCE.—
Deadline. ‘‘(A) IN GENERAL.—Not later than 1 year after the
date of enactment of this subsection, the Secretary shall
develop guidance for States to carry out this subsection.
‘‘(B) CONSULTATION.—In developing the guidance under
this paragraph, the Secretary shall consult with the States
and relevant safety stakeholders.’’.
Deadlines. (b) HIGH-RISK RURAL ROADS.—
Updates. (1) STUDY.—Not later than 2 years after the date of enact-
23 USC 148 note. ment of this Act, the Secretary shall update the study under
section 1112(b)(1) of MAP–21 (23 U.S.C. 148 note; Public Law
112–141).
Web posting. (2) PUBLICATION OF REPORT.—Not later than 2 years after
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the date of enactment of this Act, the Secretary shall publish
on the website of the Department of Transportation an update
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 479
to the report described in section 1112(b)(2) of MAP–21 (23
U.S.C. 148 note; Public Law 112–141).
(3) BEST PRACTICES MANUAL.—Not later than 180 days
after the date on which the report is published under paragraph
(2), the Secretary shall update the best practices manual
described in section 1112(b)(3) of MAP–21 (23 U.S.C. 148 note;
Public Law 112–141).
SEC. 11112. FEDERAL LANDS TRANSPORTATION PROGRAM.
Section 203(a) of title 23, United States Code, is amended—
(1) in paragraph (1)(D), by striking ‘‘$10,000,000’’ and
inserting ‘‘$20,000,000’’; and
(2) by adding at the end the following:
‘‘(6) NATIVE PLANT MATERIALS.—In carrying out an activity
described in paragraph (1), the entity carrying out the activity
shall consider, to the maximum extent practicable—
‘‘(A) the use of locally adapted native plant materials;
and
‘‘(B) designs that minimize runoff and heat genera-
tion.’’.
SEC. 11113. FEDERAL LANDS ACCESS PROGRAM.
(a) FEDERAL SHARE.—Section 201 of title 23, United States
Code, is amended—
(1) in subsection (b)(7)(B), by striking ‘‘determined in
accordance with section 120’’, and inserting ‘‘be up to 100
percent’’; and
(2) in subsection (c)(8)(A), by striking ‘‘5 percent’’ and
inserting ‘‘20 percent’’.
(b) FEDERAL LANDS ACCESS PROGRAM.—Section 204(a) of title
23, United States Code, is amended—
(1) in paragraph (1)(A)—
(A) in the matter preceding clause (i), by inserting
‘‘context-sensitive solutions,’’ after ‘‘restoration,’’;
(B) in clause (i), by inserting ‘‘, including interpretive
panels in or adjacent to those areas’’ after ‘‘areas’’;
(C) in clause (v), by striking ‘‘and’’ at the end;
(D) by redesignating clause (vi) as clause (ix); and
(E) by inserting after clause (v) the following:
‘‘(vi) contextual wayfinding markers;
‘‘(vii) landscaping;
‘‘(viii) cooperative mitigation of visual blight,
including screening or removal; and’’; and
(2) by adding at the end the following:
‘‘(6) NATIVE PLANT MATERIALS.—In carrying out an activity
described in paragraph (1), the Secretary shall ensure that
the entity carrying out the activity considers, to the maximum
extent practicable—
‘‘(A) the use of locally adapted native plant materials;
and
‘‘(B) designs that minimize runoff and heat genera-
tion.’’.
SEC. 11114. NATIONAL HIGHWAY FREIGHT PROGRAM.
Section 167 of title 23, United States Code, is amended—
(1) in subsection (e)—
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(A) in paragraph (2), by striking ‘‘150 miles’’ and
inserting ‘‘300 miles’’; and
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135 STAT. 480 PUBLIC LAW 117–58—NOV. 15, 2021
(B) by adding at the end the following:
‘‘(3) RURAL STATES.—Notwithstanding paragraph (2), a
State with a population per square mile of area that is less
than the national average, based on the 2010 census, may
designate as critical rural freight corridors a maximum of 600
miles of highway or 25 percent of the primary highway freight
system mileage in the State, whichever is greater.’’;
(2) in subsection (f)(4), by striking ‘‘75 miles’’ and inserting
‘‘150 miles’’; and
(3) in subsection (i)(5)(B)—
(A) in the matter preceding clause (i), by striking ‘‘10
percent’’ and inserting ‘‘30 percent’’;
(B) in clause (i), by striking ‘‘and’’ at the end;
(C) in clause (ii), by striking the period at the end
and inserting a semicolon; and
Determinations. (D) by adding at the end the following:
‘‘(iii) for the modernization or rehabilitation of a
lock and dam, if the Secretary determines that the
project—
‘‘(I) is functionally connected to the National
Highway Freight Network; and
‘‘(II) is likely to reduce on-road mobile source
emissions; and
‘‘(iv) on a marine highway corridor, connector, or
crossing designated by the Secretary under section
55601(c) of title 46 (including an inland waterway cor-
ridor, connector, or crossing), if the Secretary deter-
mines that the project—
‘‘(I) is functionally connected to the National
Highway Freight Network; and
‘‘(II) is likely to reduce on-road mobile source
emissions.’’.
SEC. 11115. CONGESTION MITIGATION AND AIR QUALITY IMPROVE-
MENT PROGRAM.
Section 149 of title 23, United States Code, is amended—
(1) in subsection (b)—
(A) in the matter preceding paragraph (1), by striking
‘‘subsection (d)’’ and inserting ‘‘subsections (d) and
(m)(1)(B)(ii)’’
(B) in paragraph (7), by inserting ‘‘shared micro-
mobility (including bikesharing and shared scooter sys-
tems),’’ after ‘‘carsharing,’’;
(C) in paragraph (8)—
(i) in subparagraph (A)—
(I) in the matter preceding clause (i), by
inserting ‘‘replacements or’’ before ‘‘retrofits’’;
(II) by striking clause (i) and inserting the
following:
‘‘(i) verified technologies (as defined in section 791
of the Energy Policy Act of 2005 (42 U.S.C. 16131))
for motor vehicles (as defined in section 216 of the
Clean Air Act (42 U.S.C. 7550)); or’’; and
(III) in clause (ii)(II), by striking ‘‘or’’ at the
end; and
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(ii) in subparagraph (B), by inserting ‘‘replace-
ments or’’ before ‘‘retrofits’’; and
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 481
(iii) by adding at the end the following:
‘‘(C) the purchase of medium- or heavy-duty zero emis-
sion vehicles and related charging equipment;’’;
(D) in paragraph (9), by striking the period at the
end and inserting a semicolon; and
(E) by adding at the end the following: Determinations.
‘‘(10) if the project is for the modernization or rehabilitation
of a lock and dam that—
‘‘(A) is functionally connected to the Federal-aid high-
way system; and
‘‘(B) the Secretary determines is likely to contribute
to the attainment or maintenance of a national ambient
air quality standard; or
‘‘(11) if the project is on a marine highway corridor, con-
nector, or crossing designated by the Secretary under section
55601(c) of title 46 (including an inland waterway corridor,
connector, or crossing) that—
‘‘(A) is functionally connected to the Federal-aid high-
way system; and
‘‘(B) the Secretary determines is likely to contribute
to the attainment or maintenance of a national ambient
air quality standard.’’;
(2) in subsection (c), by adding at the end the following:
‘‘(4) LOCKS AND DAMS; MARINE HIGHWAYS.—For each fiscal
year, a State may not obligate more than 10 percent of the
funds apportioned to the State under section 104(b)(4) for
projects described in paragraphs (10) and (11) of subsection
(b).’’;
(3) in subsection (f)(4)(A), by inserting ‘‘and nonroad
vehicles and nonroad engines used in construction projects or
port-related freight operations’’ after ‘‘motor vehicles’’;
(4) in subsection (g)—
(A) in paragraph (1)(B)—
(i) in the subparagraph heading, by inserting
‘‘REPLACEMENT OR’’ before ‘‘RETROFIT’’;
(ii) by striking ‘‘The term ‘diesel retrofit’ ’’ and
inserting ‘‘The term ‘diesel replacement or retrofit’ ’’;
and
(iii) by inserting ‘‘or retrofit’’ after ‘‘replacement’’;
(B) in paragraph (2), in the matter preceding subpara-
graph (A), by inserting ‘‘replacement or’’ before ‘‘retrofit’’;
and
(C) in paragraph (3), by inserting ‘‘replacements or’’
before ‘‘retrofits’’;
(5) in subsection (k)(1), by striking ‘‘that reduce such fine
particulate matter emissions in such area, including diesel
retrofits.’’ and inserting ‘‘that—
‘‘(A) reduce such fine particulate matter emissions in
such area, including diesel replacements or retrofits; and
‘‘(B) to the extent practicable, prioritize benefits to
disadvantaged communities or low-income populations
living in, or immediately adjacent to, such area.’’;
(6) in subsection (l), by adding at the following:
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‘‘(3) ASSISTANCE TO METROPOLITAN PLANNING ORGANIZA-
TIONS.—
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135 STAT. 482 PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(A) IN GENERAL.—On the request of a metropolitan
planning organization, the Secretary may assist the metro-
politan planning organization tracking progress made in
minority or low-income populations as part of a perform-
ance plan under this subsection.
‘‘(B) SAVINGS PROVISION.—Nothing in this paragraph
provides the Secretary the authority—
‘‘(i) to change the performance measures under
section 150(c)(5) or the performance targets established
under section 134(h)(2) or 150(d); or
‘‘(ii) to establish any other Federal requirement.’’;
and
(7) by striking subsection (m) and inserting the following:
‘‘(m) OPERATING ASSISTANCE.—
‘‘(1) IN GENERAL.—A State may obligate funds apportioned
under section 104(b)(4) in an area of the State that is otherwise
eligible for obligations of such funds for operating costs—
‘‘(A) under chapter 53 of title 49; or
‘‘(B) on—
‘‘(i) a system for which CMAQ funding was eligible,
made available, obligated, or expended in fiscal year
2012; or
‘‘(ii) a State-supported Amtrak route with a valid
cost-sharing agreement under section 209 of the Pas-
senger Rail Investment and Improvement Act of 2008
(49 U.S.C. 24101 note; Public Law 110–432) and no
current nonattainment areas under subsection (d).
‘‘(2) NO TIME LIMITATION.—Operating assistance provided
under paragraph (1) shall have no imposed time limitation
if the operating assistance is for—
‘‘(A) a route described in subparagraph (B) of that
paragraph; or
‘‘(B) a transit system that is located in—
‘‘(i) a non-urbanized area; or
‘‘(ii) an urbanized area with a population of
200,000 or fewer.’’.
SEC. 11116. ALASKA HIGHWAY.
Section 218 of title 23, United States Code, is amended to
read as follows:
Canada. ‘‘§ 218. Alaska Highway
‘‘(a) Recognizing the benefits that will accrue to the State
of Alaska and to the United States from the reconstruction of
the Alaska Highway from the Alaskan border at Beaver Creek,
Yukon Territory, to Haines Junction in Canada and the Haines
Cutoff Highway from Haines Junction in Canada to Haines, Alaska,
the Secretary may provide for the necessary reconstruction of the
highway using funds awarded through an applicable competitive
grant program, if the highway meets all applicable eligibility
requirements for the program, except for the specific requirements
established by the agreement for the Alaska Highway Project
between the Government of the United States and the Government
of Canada. In addition to the funds described in the previous
sentence, notwithstanding any other provision of law and on agree-
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ment with the State of Alaska, the Secretary is authorized to
expend on such highway or the Alaska Marine Highway System
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 483
any Federal-aid highway funds apportioned to the State of Alaska
under this title at a Federal share of 100 per centum. No expendi-
tures shall be made for the construction of the portion of such
highways that are in Canada unless an agreement is in place
between the Government of Canada and the Government of the
United States (including an agreement in existence on the date
of enactment of the Surface Transportation Reauthorization Act
of 2021) that provides, in part, that the Canadian Government—
‘‘(1) will provide, without participation of funds authorized
under this title, all necessary right-of-way for the reconstruction
of such highways;
‘‘(2) will not impose any highway toll, or permit any such
toll to be charged for the use of such highways by vehicles
or persons;
‘‘(3) will not levy or assess, directly or indirectly, any fee,
tax, or other charge for the use of such highways by vehicles
or persons from the United States that does not apply equally
to vehicles or persons of Canada;
‘‘(4) will continue to grant reciprocal recognition of vehicle
registration and driver’s licenses in accordance with agreements
between the United States and Canada; and
‘‘(5) will maintain such highways after their completion
in proper condition adequately to serve the needs of present
and future traffic.
‘‘(b) The survey and construction work undertaken in Canada
pursuant to this section shall be under the general supervision
of the Secretary.
‘‘(c) For purposes of this section, the term ‘Alaska Marine Definition.
Highway System’ includes all existing or planned transportation
facilities and equipment in Alaska, including the lease, purchase,
or construction of vessels, terminals, docks, floats, ramps, staging
areas, parking lots, bridges and approaches thereto, and necessary
roads.
‘‘(d) Notwithstanding any other provision of law, a project
assisted under this section in the State of Alaska shall be treated
as a project on a Federal-aid highway under chapter 1.’’.
SEC. 11117. TOLL ROADS, BRIDGES, TUNNELS, AND FERRIES.
(a) IN GENERAL.—Section 129(c) of title 23, United States Code,
is amended in the matter preceding paragraph (1) by striking
‘‘the construction of ferry boats and ferry terminal facilities, whether
toll or free,’’ and inserting ‘‘the construction of ferry boats and
ferry terminal facilities (including ferry maintenance facilities),
whether toll or free, and the procurement of transit vehicles used
exclusively as an integral part of an intermodal ferry trip,’’.
(b) DIESEL FUEL FERRY VESSELS.— 23 USC 147 note.
(1) IN GENERAL.—Notwithstanding section 147(b), in the Determination.
case of a project to replace or retrofit a diesel fuel ferry vessel
that provides substantial emissions reductions, the Federal
share of the cost of the project may be up to 85 percent,
as determined by the State.
(2) SUNSET.—The authority provided by paragraph (1) shall
terminate on September 30, 2025.
SEC. 11118. BRIDGE INVESTMENT PROGRAM.
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(a) IN GENERAL.—Chapter 1 of title 23, United States Code,
is amended by inserting after section 123 the following:
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135 STAT. 484 PUBLIC LAW 117–58—NOV. 15, 2021
Grants. ‘‘§ 124. Bridge investment program
23 USC 124.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ELIGIBLE PROJECT.—
‘‘(A) IN GENERAL.—The term ‘eligible project’ means
a project to replace, rehabilitate, preserve, or protect 1
or more bridges on the National Bridge Inventory under
section 144(b).
‘‘(B) INCLUSIONS.—The term ‘eligible project’ includes—
‘‘(i) a bundle of projects described in subparagraph
(A), regardless of whether the bundle of projects meets
the requirements of section 144(j)(5); and
‘‘(ii) a project to replace or rehabilitate culverts
for the purpose of improving flood control and improved
habitat connectivity for aquatic species.
‘‘(2) LARGE PROJECT.—The term ‘large project’ means an
eligible project with total eligible project costs of greater than
$100,000,000.
‘‘(3) PROGRAM.—The term ‘program’ means the bridge
investment program established by subsection (b)(1).
‘‘(b) ESTABLISHMENT OF BRIDGE INVESTMENT PROGRAM.—
‘‘(1) IN GENERAL.—There is established a bridge investment
program to provide financial assistance for eligible projects
under this section.
‘‘(2) GOALS.—The goals of the program shall be—
‘‘(A) to improve the safety, efficiency, and reliability
of the movement of people and freight over bridges;
‘‘(B) to improve the condition of bridges in the United
States by reducing—
‘‘(i) the number of bridges—
‘‘(I) in poor condition; or
‘‘(II) in fair condition and at risk of falling
into poor condition within the next 3 years;
‘‘(ii) the total person miles traveled over bridges—
‘‘(I) in poor condition; or
‘‘(II) in fair condition and at risk of falling
into poor condition within the next 3 years;
‘‘(iii) the number of bridges that—
‘‘(I) do not meet current geometric design
standards; or
‘‘(II) cannot meet the load and traffic require-
ments typical of the regional transportation net-
work; and
‘‘(iv) the total person miles traveled over bridges
that—
‘‘(I) do not meet current geometric design
standards; or
‘‘(II) cannot meet the load and traffic require-
ments typical of the regional transportation net-
work; and
‘‘(C) to provide financial assistance that leverages and
encourages non-Federal contributions from sponsors and
stakeholders involved in the planning, design, and
construction of eligible projects.
‘‘(c) GRANT AUTHORITY.—
‘‘(1) IN GENERAL.—In carrying out the program, the Sec-
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retary may award grants, on a competitive basis, in accordance
with this section.
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 485
‘‘(2) GRANT AMOUNTS.—Except as otherwise provided, a
grant under the program shall be—
‘‘(A) in the case of a large project, in an amount that
is—
‘‘(i) adequate to fully fund the project (in combina-
tion with other financial resources identified in the
application); and
‘‘(ii) not less than $50,000,000; and
‘‘(B) in the case of any other eligible project, in an
amount that is—
‘‘(i) adequate to fully fund the project (in combina-
tion with other financial resources identified in the
application); and
‘‘(ii) not less than $2,500,000.
‘‘(3) MAXIMUM AMOUNT.—Except as otherwise provided, for
an eligible project receiving assistance under the program, the
amount of assistance provided by the Secretary under this
section, as a share of eligible project costs, shall be—
‘‘(A) in the case of a large project, not more than
50 percent; and
‘‘(B) in the case of any other eligible project, not more
than 80 percent.
‘‘(4) FEDERAL SHARE.—
‘‘(A) MAXIMUM FEDERAL INVOLVEMENT.—Federal assist-
ance other than a grant under the program may be used
to satisfy the non-Federal share of the cost of a project
for which a grant is made, except that the total Federal
assistance provided for a project receiving a grant under
the program may not exceed the Federal share for the
project under section 120.
‘‘(B) OFF-SYSTEM BRIDGES.—In the case of an eligible
project for an off-system bridge (as defined in section
133(f)(1))—
‘‘(i) Federal assistance other than a grant under
the program may be used to satisfy the non-Federal
share of the cost of a project; and
‘‘(ii) notwithstanding subparagraph (A), the total
Federal assistance provided for the project shall not
exceed 90 percent of the total eligible project costs.
‘‘(C) FEDERAL LAND MANAGEMENT AGENCIES AND TRIBAL
GOVERNMENTS.—Notwithstanding any other provision of
law, Federal funds other than Federal funds made available
under this section may be used to pay the remaining share
of the cost of a project under the program by a Federal
land management agency or a Tribal government or consor-
tium of Tribal governments.
‘‘(5) CONSIDERATIONS.—
‘‘(A) IN GENERAL.—In awarding grants under the pro-
gram, the Secretary shall consider—
‘‘(i) in the case of a large project, the ratings
assigned under subsection (g)(5)(A);
‘‘(ii) in the case of an eligible project other than
a large project, the quality rating assigned under sub-
section (f)(3)(A)(ii);
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‘‘(iii) the average daily person and freight
throughput supported by the eligible project;
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135 STAT. 486 PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(iv) the number and percentage of bridges within
the same State as the eligible project that are in poor
condition;
‘‘(v) the extent to which the eligible project dem-
onstrates cost savings by bundling multiple bridge
projects;
‘‘(vi) in the case of an eligible project of a Federal
land management agency, the extent to which the
grant would reduce a Federal liability or Federal infra-
structure maintenance backlog;
‘‘(vii) geographic diversity among grant recipients,
including the need for a balance between the needs
of rural and urban communities; and
‘‘(viii) the extent to which a bridge that would
be assisted with a grant—
‘‘(I) is, without that assistance—
‘‘(aa) at risk of falling into or remaining
in poor condition; or
‘‘(bb) in fair condition and at risk of falling
into poor condition within the next 3 years;
‘‘(II) does not meet current geometric design
standards based on—
‘‘(aa) the current use of the bridge; or
‘‘(bb) load and traffic requirements typical
of the regional corridor or local network in
which the bridge is located; or
‘‘(III) does not meet current seismic design
standards.
‘‘(B) REQUIREMENT.—The Secretary shall—
‘‘(i) give priority to an application for an eligible
project that is located within a State for which—
‘‘(I) 2 or more applications for eligible projects
within the State were submitted for the current
fiscal year and an average of 2 or more applications
for eligible projects within the State were sub-
mitted in prior fiscal years of the program; and
‘‘(II) fewer than 2 grants have been awarded
for eligible projects within the State under the
program;
Determinations. ‘‘(ii) during the period of fiscal years 2022 through
2026, for each State described in clause (i), select—
‘‘(I) not fewer than 1 large project that the
Secretary determines is justified under the evalua-
tion under subsection (g)(4); or
‘‘(II) 2 eligible projects that are not large
projects that the Secretary determines are justified
under the evaluation under subsection (f)(3); and
‘‘(iii) not be required to award a grant for an
eligible project that the Secretary does not determine
is justified under an evaluation under subsection (f)(3)
or (g)(4).
‘‘(6) CULVERT LIMITATION.—Not more than 5 percent of
the amounts made available for each fiscal year for grants
under the program may be used for eligible projects that consist
solely of culvert replacement or rehabilitation.
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‘‘(d) ELIGIBLE ENTITY.—The Secretary may make a grant under
the program to any of the following:
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 487
‘‘(1) A State or a group of States.
‘‘(2) A metropolitan planning organization that serves an
urbanized area (as designated by the Bureau of the Census)
with a population of over 200,000.
‘‘(3) A unit of local government or a group of local govern-
ments.
‘‘(4) A political subdivision of a State or local government.
‘‘(5) A special purpose district or public authority with
a transportation function.
‘‘(6) A Federal land management agency.
‘‘(7) A Tribal government or a consortium of Tribal govern-
ments.
‘‘(8) A multistate or multijurisdictional group of entities
described in paragraphs (1) through (7).
‘‘(e) ELIGIBLE PROJECT REQUIREMENTS.—The Secretary may
make a grant under the program only to an eligible entity for
an eligible project that—
‘‘(1) in the case of a large project, the Secretary recommends Recommenda-
for funding in the annual report on funding recommendations tions.
under subsection (g)(6), except as provided in subsection
(g)(1)(B);
‘‘(2) is reasonably expected to begin construction not later Deadline.
than 18 months after the date on which funds are obligated
for the project; and
‘‘(3) is based on the results of preliminary engineering.
‘‘(f) COMPETITIVE PROCESS AND EVALUATION OF ELIGIBLE
PROJECTS OTHER THAN LARGE PROJECTS.—
‘‘(1) COMPETITIVE PROCESS.—
‘‘(A) IN GENERAL.—The Secretary shall— Deadlines.
‘‘(i) for the first fiscal year for which funds are
made available for obligation under the program, not
later than 60 days after the date on which the template
under subparagraph (B)(i) is developed, and in subse-
quent fiscal years, not later than 60 days after the
date on which amounts are made available for obliga-
tion under the program, solicit grant applications for
eligible projects other than large projects; and
‘‘(ii) not later than 120 days after the date on
which the solicitation under clause (i) expires, conduct
evaluations under paragraph (3).
‘‘(B) REQUIREMENTS.—In carrying out subparagraph
(A), the Secretary shall—
‘‘(i) develop a template for applicants to use to
summarize project needs and benefits, including bene-
fits described in paragraph (3)(B)(i); and
‘‘(ii) enable applicants to use data from the
National Bridge Inventory under section 144(b) to
populate templates described in clause (i), as
applicable.
‘‘(2) APPLICATIONS.—An eligible entity shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
‘‘(3) EVALUATION.—
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‘‘(A) IN GENERAL.—Prior to providing a grant under
this subsection, the Secretary shall—
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135 STAT. 488 PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(i) conduct an evaluation of each eligible project
for which an application is received under this sub-
section; and
‘‘(ii) assign a quality rating to the eligible project
on the basis of the evaluation under clause (i).
‘‘(B) REQUIREMENTS.—In carrying out an evaluation
under subparagraph (A), the Secretary shall—
Determination. ‘‘(i) consider information on project benefits sub-
mitted by the applicant using the template developed
under paragraph (1)(B)(i), including whether the
project will generate, as determined by the Secretary—
‘‘(I) costs avoided by the prevention of closure
or reduced use of the bridge to be improved by
the project;
‘‘(II) in the case of a bundle of projects, benefits
from executing the projects as a bundle compared
to as individual projects;
‘‘(III) safety benefits, including the reduction
of accidents and related costs;
‘‘(IV) person and freight mobility benefits,
including congestion reduction and reliability
improvements;
‘‘(V) national or regional economic benefits;
‘‘(VI) benefits from long-term resiliency to
extreme weather events, flooding, or other natural
disasters;
‘‘(VII) benefits from protection (as described
in section 133(b)(10)), including improving seismic
or scour protection;
‘‘(VIII) environmental benefits, including wild-
life connectivity;
‘‘(IX) benefits to nonvehicular and public
transportation users;
‘‘(X) benefits of using—
‘‘(aa) innovative design and construction
techniques; or
‘‘(bb) innovative technologies; or
‘‘(XI) reductions in maintenance costs,
including, in the case of a federally-owned bridge,
cost savings to the Federal budget; and
‘‘(ii) consider whether and the extent to which
the benefits, including the benefits described in clause
(i), are more likely than not to outweigh the total
project costs.
‘‘(g) COMPETITIVE PROCESS, EVALUATION, AND ANNUAL REPORT
FOR LARGE PROJECTS.—
‘‘(1) IN GENERAL.—
‘‘(A) APPLICATIONS.—The Secretary shall establish an
annual date by which an eligible entity submitting an
application for a large project shall submit to the Secretary
such information as the Secretary may require, including
information described in paragraph (2), in order for a large
project to be considered for a recommendation by the Sec-
retary for funding in the next annual report under para-
graph (6).
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‘‘(B) FIRST FISCAL YEAR.—Notwithstanding subpara-
graph (A), for the first fiscal year for which funds are
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 489
made available for obligation for grants under the program,
the Secretary may establish a date by which an eligible
entity submitting an application for a large project shall
submit to the Secretary such information as the Secretary
may require, including information described in paragraph
(2), in order for a large project to be considered for imme-
diate execution of a grant agreement.
‘‘(2) INFORMATION REQUIRED.—The information referred to
in paragraph (1) includes—
‘‘(A) all necessary information required for the Sec-
retary to evaluate the large project; and
‘‘(B) information sufficient for the Secretary to deter- Determination.
mine that—
‘‘(i) the large project meets the applicable require-
ments under this section; and
‘‘(ii) there is a reasonable likelihood that the large
project will continue to meet the requirements under
this section.
‘‘(3) DETERMINATION; NOTICE.—On making a determination
that information submitted to the Secretary under paragraph
(1) is sufficient, the Secretary shall provide a written notice
of that determination to—
‘‘(A) the eligible entity that submitted the application;
‘‘(B) the Committee on Environment and Public Works
of the Senate; and
‘‘(C) the Committee on Transportation and Infrastruc-
ture of the House of Representatives.
‘‘(4) EVALUATION.—The Secretary may recommend a large Recommenda-
project for funding in the annual report under paragraph (6), tions.
or, in the case of the first fiscal year for which funds are Determination.
made available for obligation for grants under the program,
immediately execute a grant agreement for a large project,
only if the Secretary evaluates the proposed project and deter-
mines that the project is justified because the project—
‘‘(A) addresses a need to improve the condition of the Determination.
bridge, as determined by the Secretary, consistent with
the goals of the program under subsection (b)(2);
‘‘(B) will generate, as determined by the Secretary— Determination.
‘‘(i) costs avoided by the prevention of closure or
reduced use of the bridge to be improved by the project;
‘‘(ii) in the case of a bundle of projects, benefits
from executing the projects as a bundle compared to
as individual projects;
‘‘(iii) safety benefits, including the reduction of
accidents and related costs;
‘‘(iv) person and freight mobility benefits, including
congestion reduction and reliability improvements;
‘‘(v) national or regional economic benefits;
‘‘(vi) benefits from long-term resiliency to extreme
weather events, flooding, or other natural disasters;
‘‘(vii) benefits from protection (as described in sec-
tion 133(b)(10)), including improving seismic or scour
protection;
‘‘(viii) environmental benefits, including wildlife
connectivity;
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‘‘(ix) benefits to nonvehicular and public transpor-
tation users;
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135 STAT. 490 PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(x) benefits of using—
‘‘(I) innovative design and construction tech-
niques; or
‘‘(II) innovative technologies; or
‘‘(xi) reductions in maintenance costs, including,
in the case of a federally-owned bridge, cost savings
to the Federal budget;
Analysis. ‘‘(C) is cost effective based on an analysis of whether
the benefits and avoided costs described in subparagraph
(B) are expected to outweigh the project costs;
‘‘(D) is supported by other Federal or non-Federal
financial commitments or revenues adequate to fund
ongoing maintenance and preservation; and
‘‘(E) is consistent with the objectives of an applicable
asset management plan of the project sponsor, including
a State asset management plan under section 119(e) in
the case of a project on the National Highway System
that is sponsored by a State.
‘‘(5) RATINGS.—
‘‘(A) IN GENERAL.—The Secretary shall develop a meth-
odology to evaluate and rate a large project on a 5-point
scale (the points of which include ‘high’, ‘medium-high’,
‘medium’, ‘medium-low’, and ‘low’) for each of—
‘‘(i) paragraph (4)(B);
‘‘(ii) paragraph (4)(C); and
‘‘(iii) paragraph (4)(D).
‘‘(B) REQUIREMENT.—To be considered justified and
receive a recommendation for funding in the annual report
under paragraph (6), a project shall receive a rating of
not less than ‘medium’ for each rating required under
subparagraph (A).
‘‘(C) INTERIM METHODOLOGY.—In the first fiscal year
for which funds are made available for obligation for grants
under the program, the Secretary may establish an interim
methodology to evaluate and rate a large project for each
of—
‘‘(i) paragraph (4)(B);
‘‘(ii) paragraph (4)(C); and
‘‘(iii) paragraph (4)(D).
‘‘(6) ANNUAL REPORT ON FUNDING RECOMMENDATIONS FOR
LARGE PROJECTS.—
‘‘(A) IN GENERAL.—Not later than the first Monday
in February of each year, the Secretary shall submit to
the Committees on Transportation and Infrastructure and
Appropriations of the House of Representatives and the
Committees on Environment and Public Works and Appro-
priations of the Senate a report that includes—
List. ‘‘(i) a list of large projects that have requested
a recommendation for funding under a new grant
agreement from funds anticipated to be available to
carry out this subsection in the next fiscal year;
‘‘(ii) the evaluation under paragraph (4) and
ratings under paragraph (5) for each project referred
to in clause (i);
Payments. ‘‘(iii) the grant amounts that the Secretary rec-
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ommends providing to large projects in the next fiscal
year, including—
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 491
‘‘(I) scheduled payments under previously
signed multiyear grant agreements under sub-
section (j);
‘‘(II) payments for new grant agreements,
including single-year grant agreements and
multiyear grant agreements; and
‘‘(III) a description of how amounts anticipated
to be available for the program from the Highway
Trust Fund for that fiscal year will be distributed;
and
‘‘(iv) for each project for which the Secretary rec- Proposed
ommends a new multiyear grant agreement under sub- schedule.
section (j), the proposed payout schedule for the project.
‘‘(B) LIMITATIONS.—
‘‘(i) IN GENERAL.—The Secretary shall not rec- Determination.
ommend in an annual report under this paragraph
a new multiyear grant agreement provided from funds
from the Highway Trust Fund unless the Secretary
determines that the project can be completed using
funds that are anticipated to be available from the
Highway Trust Fund in future fiscal years.
‘‘(ii) GENERAL FUND PROJECTS.—The Secretary—
‘‘(I) may recommend for funding in an annual
report under this paragraph a large project using
funds from the general fund of the Treasury; but
‘‘(II) shall not execute a grant agreement for
that project unless—
‘‘(aa) funds other than from the Highway
Trust Fund have been made available for the
project; and
‘‘(bb) the Secretary determines that the Determination.
project can be completed using funds other
than from the Highway Trust Fund that are
anticipated to be available in future fiscal
years.
‘‘(C) CONSIDERATIONS.—In selecting projects to rec-
ommend for funding in the annual report under this para-
graph, or, in the case of the first fiscal year for which
funds are made available for obligation for grants under
the program, projects for immediate execution of a grant
agreement, the Secretary shall—
‘‘(i) consider the amount of funds available in
future fiscal years for multiyear grant agreements as
described in subparagraph (B); and
‘‘(ii) assume the availability of funds in future
fiscal years for multiyear grant agreements that extend
beyond the period of authorization based on the amount
made available for large projects under the program
in the last fiscal year of the period of authorization.
‘‘(D) PROJECT DIVERSITY.—In selecting projects to rec-
ommend for funding in the annual report under this para-
graph, the Secretary shall ensure diversity among projects
recommended based on—
‘‘(i) the amount of the grant requested; and
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‘‘(ii) grants for an eligible project for 1 bridge com-
pared to an eligible project that is a bundle of projects.
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135 STAT. 492 PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(h) ELIGIBLE PROJECT COSTS.—A grant received for an eligible
project under the program may be used for—
‘‘(1) development phase activities, including planning, feasi-
bility analysis, revenue forecasting, environmental review,
preliminary engineering and design work, and other
preconstruction activities;
‘‘(2) construction, reconstruction, rehabilitation, acquisition
of real property (including land related to the project and
improvements to the land), environmental mitigation, construc-
tion contingencies, acquisition of equipment, and operational
improvements directly related to improving system perform-
ance; and
‘‘(3) expenses related to the protection (as described in
section 133(b)(10)) of a bridge, including seismic or scour protec-
tion.
‘‘(i) TIFIA PROGRAM.—On the request of an eligible entity car-
rying out an eligible project, the Secretary may use amounts
awarded to the entity to pay subsidy and administrative costs
necessary to provide to the entity Federal credit assistance under
chapter 6 with respect to the eligible project for which the grant
was awarded.
‘‘(j) MULTIYEAR GRANT AGREEMENTS FOR LARGE PROJECTS.—
‘‘(1) IN GENERAL.—A large project that receives a grant
under the program in an amount of not less than $100,000,000
may be carried out through a multiyear grant agreement in
accordance with this subsection.
‘‘(2) REQUIREMENTS.—A multiyear grant agreement for a
large project described in paragraph (1) shall—
‘‘(A) establish the terms of participation by the Federal
Government in the project;
‘‘(B) establish the maximum amount of Federal finan-
cial assistance for the project in accordance with para-
graphs (3) and (4) of subsection (c);
Schedule. ‘‘(C) establish a payout schedule for the project that
Deadline. provides for disbursement of the full grant amount by
not later than 4 fiscal years after the fiscal year in which
the initial amount is provided;
Determination. ‘‘(D) determine the period of time for completing the
project, even if that period extends beyond the period of
an authorization; and
‘‘(E) attempt to improve timely and efficient manage-
ment of the project, consistent with all applicable Federal
laws (including regulations).
‘‘(3) SPECIAL FINANCIAL RULES.—
‘‘(A) IN GENERAL.—A multiyear grant agreement under
this subsection—
‘‘(i) shall obligate an amount of available budget
authority specified in law; and
‘‘(ii) may include a commitment, contingent on
amounts to be specified in law in advance for commit-
ments under this paragraph, to obligate an additional
amount from future available budget authority speci-
fied in law.
‘‘(B) STATEMENT OF CONTINGENT COMMITMENT.—The
agreement shall state that the contingent commitment is
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not an obligation of the Federal Government.
‘‘(C) INTEREST AND OTHER FINANCING COSTS.—
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 493
‘‘(i) IN GENERAL.—Interest and other financing
costs of carrying out a part of the project within a
reasonable time shall be considered a cost of carrying
out the project under a multiyear grant agreement,
except that eligible costs may not be more than the
cost of the most favorable financing terms reasonably
available for the project at the time of borrowing.
‘‘(ii) CERTIFICATION.—The applicant shall certify
to the Secretary that the applicant has shown reason-
able diligence in seeking the most favorable financing
terms.
‘‘(4) ADVANCE PAYMENT.—Notwithstanding any other provi-
sion of law, an eligible entity carrying out a large project
under a multiyear grant agreement—
‘‘(A) may use funds made available to the eligible entity
under this title for eligible project costs of the large project
until the amount specified in the multiyear grant agree-
ment for the project for that fiscal year becomes available
for obligation; and
‘‘(B) if the eligible entity uses funds as described in Reimbursement.
subparagraph (A), the funds used shall be reimbursed from
the amount made available under the multiyear grant
agreement for the project.
‘‘(k) UNDERTAKING PARTS OF PROJECTS IN ADVANCE UNDER
LETTERS OF NO PREJUDICE.—
‘‘(1) IN GENERAL.—The Secretary may pay to an applicant
all eligible project costs under the program, including costs
for an activity for an eligible project incurred prior to the
date on which the project receives funding under the program
if—
‘‘(A) before the applicant carries out the activity, the Advance
Secretary approves through a letter to the applicant the approval.
activity in the same manner as the Secretary approves
other activities as eligible under the program;
‘‘(B) a record of decision, a finding of no significant Records.
impact, or a categorical exclusion under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
has been issued for the eligible project; and
‘‘(C) the activity is carried out without Federal assist-
ance and in accordance with all applicable procedures and
requirements.
‘‘(2) INTEREST AND OTHER FINANCING COSTS.—
‘‘(A) IN GENERAL.—For purposes of paragraph (1), the
cost of carrying out an activity for an eligible project
includes the amount of interest and other financing costs,
including any interest earned and payable on bonds, to
the extent interest and other financing costs are expended
in carrying out the activity for the eligible project, except
that interest and other financing costs may not be more
than the cost of the most favorable financing terms reason-
ably available for the eligible project at the time of bor-
rowing.
‘‘(B) CERTIFICATION.—The applicant shall certify to the
Secretary that the applicant has shown reasonable dili-
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gence in seeking the most favorable financing terms under
subparagraph (A).
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135 STAT. 494 PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(3) NO OBLIGATION OR INFLUENCE ON RECOMMENDA-
TIONS.—An approval by the Secretary under paragraph (1)(A)
shall not—
‘‘(A) constitute an obligation of the Federal Govern-
ment; or
‘‘(B) alter or influence any evaluation under subsection
(f)(3)(A)(i) or (g)(4) or any recommendation by the Secretary
for funding under the program.
‘‘(l) FEDERALLY-OWNED BRIDGES.—
‘‘(1) DIVESTITURE CONSIDERATION.—In the case of a bridge
owned by a Federal land management agency for which that
agency applies for a grant under the program, the agency—
‘‘(A) shall consider options to divest the bridge to a
State or local entity after completion of the project; and
‘‘(B) may apply jointly with the State or local entity
to which the bridge may be divested.
Applicability. ‘‘(2) TREATMENT.—Notwithstanding any other provision of
law, section 129 shall apply to a bridge that was previously
owned by a Federal land management agency and has been
transferred to a non-Federal entity under paragraph (1) in
the same manner as if the bridge was never federally owned.
‘‘(m) TREATMENT OF PROJECTS.—Notwithstanding any other
provision of law, a project assisted under this section shall be
treated as a project on a Federal-aid highway under this chapter.
Deadline. ‘‘(n) CONGRESSIONAL NOTIFICATION.—Not later than 30 days
before making a grant for an eligible project under the program,
the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Com-
mittee on Environment and Public Works of the Senate a written
notification of the proposed grant that includes—
Evaluation. ‘‘(1) an evaluation and justification for the eligible project;
and
‘‘(2) the amount of the proposed grant.
‘‘(o) REPORTS.—
Web posting. ‘‘(1) ANNUAL REPORT.—Not later than August 1 of each
fiscal year, the Secretary shall make available on the website
of the Department of Transportation an annual report that
lists each eligible project for which a grant has been provided
under the program during the fiscal year.
‘‘(2) GAO ASSESSMENT AND REPORT.—Not later than 3 years
after the date of enactment of the Surface Transportation
Reauthorization Act of 2021, the Comptroller General of the
United States shall—
‘‘(A) conduct an assessment of the administrative
establishment, solicitation, selection, and justification
process with respect to the funding of grants under the
program; and
‘‘(B) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate
a report that describes—
‘‘(i) the adequacy and fairness of the process under
which each eligible project that received a grant under
the program was selected; and
‘‘(ii) the justification and criteria used for the selec-
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tion of each eligible project.
‘‘(p) LIMITATION.—
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 495
‘‘(1) LARGE PROJECTS.—Of the amounts made available out
of the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section for each of fiscal years 2022
through 2026, not less than 50 percent, in aggregate, shall
be used for large projects.
‘‘(2) UNUTILIZED AMOUNTS.—If, in fiscal year 2026, the Sec- Determination.
retary determines that grants under the program will not allow
for the requirement under paragraph (1) to be met, the Sec-
retary shall use the unutilized amounts to make other grants
under the program during that fiscal year.
‘‘(q) TRIBAL TRANSPORTATION FACILITY BRIDGE SET ASIDE.—
‘‘(1) IN GENERAL.—Of the amounts made available from
the Highway Trust Fund (other than the Mass Transit Account)
for a fiscal year to carry out this section, the Secretary shall
use, to carry out section 202(d)—
‘‘(A) $16,000,000 for fiscal year 2022;
‘‘(B) $18,000,000 for fiscal year 2023;
‘‘(C) $20,000,000 for fiscal year 2024;
‘‘(D) $22,000,000 for fiscal year 2025; and
‘‘(E) $24,000,000 for fiscal year 2026.
‘‘(2) TREATMENT.—For purposes of section 201, funds made
available for section 202(d) under paragraph (1) shall be consid-
ered to be part of the tribal transportation program.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title
23, United States Code, is amended by inserting after the item 23 USC 101 prec.
relating to section 123 the following:
‘‘124. Bridge investment program.’’.
SEC. 11119. SAFE ROUTES TO SCHOOL.
(a) IN GENERAL.—Chapter 2 of title 23, United States Code,
is amended by inserting after section 207 the following:
‘‘§ 208. Safe routes to school 23 USC 208.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) IN THE VICINITY OF SCHOOLS.—The term ‘in the vicinity
of schools’, with respect to a school, means the approximately
2-mile area within bicycling and walking distance of the school.
‘‘(2) PRIMARY, MIDDLE, AND HIGH SCHOOLS.—The term ‘pri-
mary, middle, and high schools’ means schools providing edu-
cation from kindergarten through 12th grade.
‘‘(b) ESTABLISHMENT.—Subject to the requirements of this sec-
tion, the Secretary shall establish and carry out a safe routes
to school program for the benefit of children in primary, middle,
and high schools.
‘‘(c) PURPOSES.—The purposes of the program established under
subsection (b) shall be—
‘‘(1) to enable and encourage children, including those with
disabilities, to walk and bicycle to school;
‘‘(2) to make bicycling and walking to school a safer and
more appealing transportation alternative, thereby encouraging
a healthy and active lifestyle from an early age; and
‘‘(3) to facilitate the planning, development, and
implementation of projects and activities that will improve
safety and reduce traffic, fuel consumption, and air pollution
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in the vicinity of schools.
‘‘(d) APPORTIONMENT OF FUNDS.—
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135 STAT. 496 PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(1) IN GENERAL.—Subject to paragraphs (2), (3), and (4),
amounts made available to carry out this section for a fiscal
year shall be apportioned among the States so that each State
receives the amount equal to the proportion that—
‘‘(A) the total student enrollment in primary, middle,
and high schools in each State; bears to
‘‘(B) the total student enrollment in primary, middle,
and high schools in all States.
‘‘(2) MINIMUM APPORTIONMENT.—No State shall receive an
apportionment under this section for a fiscal year of less than
$1,000,000.
‘‘(3) SET-ASIDE FOR ADMINISTRATIVE EXPENSES.—Before
apportioning under this subsection amounts made available
to carry out this section for a fiscal year, the Secretary shall
set aside not more than $3,000,000 of those amounts for the
administrative expenses of the Secretary in carrying out this
section.
‘‘(4) DETERMINATION OF STUDENT ENROLLMENTS.—Deter-
minations under this subsection relating to student enrollments
shall be made by the Secretary.
‘‘(e) ADMINISTRATION OF AMOUNTS.—Amounts apportioned to
a State under this section shall be administered by the State
department of transportation.
‘‘(f) ELIGIBLE RECIPIENTS.—Amounts apportioned to a State
under this section shall be used by the State to provide financial
assistance to State, local, Tribal, and regional agencies, including
nonprofit organizations, that demonstrate an ability to meet the
requirements of this section.
‘‘(g) ELIGIBLE PROJECTS AND ACTIVITIES.—
‘‘(1) INFRASTRUCTURE-RELATED PROJECTS.—
‘‘(A) IN GENERAL.—Amounts apportioned to a State
under this section may be used for the planning, design,
and construction of infrastructure-related projects that will
substantially improve the ability of students to walk and
bicycle to school, including sidewalk improvements, traffic
calming and speed reduction improvements, pedestrian and
bicycle crossing improvements, on-street bicycle facilities,
off-street bicycle and pedestrian facilities, secure bicycle
parking facilities, and traffic diversion improvements in
the vicinity of schools.
‘‘(B) LOCATION OF PROJECTS.—Infrastructure-related
projects under subparagraph (A) may be carried out on
any public road or any bicycle or pedestrian pathway or
trail in the vicinity of schools.
‘‘(2) NONINFRASTRUCTURE-RELATED ACTIVITIES.—
‘‘(A) IN GENERAL.—In addition to projects described
in paragraph (1), amounts apportioned to a State under
this section may be used for noninfrastructure-related
activities to encourage walking and bicycling to school,
including public awareness campaigns and outreach to
press and community leaders, traffic education and enforce-
ment in the vicinity of schools, student sessions on bicycle
and pedestrian safety, health, and environment, and
funding for training, volunteers, and managers of safe
routes to school programs.
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‘‘(B) ALLOCATION.—Not less than 10 percent and not
more than 30 percent of the amount apportioned to a
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 497
State under this section for a fiscal year shall be used
for noninfrastructure-related activities under this para-
graph.
‘‘(3) SAFE ROUTES TO SCHOOL COORDINATOR.—Each State
shall use a sufficient amount of the apportionment of the State
for each fiscal year to fund a full-time position of coordinator
of the safe routes to school program of the State.
‘‘(h) CLEARINGHOUSE.—
‘‘(1) IN GENERAL.—The Secretary shall make grants to a Grants.
national nonprofit organization engaged in promoting safe
routes to schools—
‘‘(A) to operate a national safe routes to school clearing-
house;
‘‘(B) to develop information and educational programs
on safe routes to school; and
‘‘(C) to provide technical assistance and disseminate
techniques and strategies used for successful safe routes
to school programs.
‘‘(2) FUNDING.—The Secretary shall carry out this sub-
section using amounts set aside for administrative expenses
under subsection (d)(3).
‘‘(i) TREATMENT OF PROJECTS.—Notwithstanding any other
provision of law, a project assisted under this section shall be
treated as a project on a Federal-aid highway under chapter 1.’’.
(b) CONFORMING AMENDMENTS.—
(1) The analysis for chapter 2 of title 23, United States
Code, is amended by inserting after the item relating to section 23 USC 201 prec.
207 the following:
‘‘208. Safe routes to school.’’.
(2) Section 1404 of SAFETEA–LU (23 U.S.C. 402 note; Repeal.
Public Law 109–59) is repealed.
(3) The table of contents in section 1(b) of SAFETEA–
LU (Public Law 109–59; 119 Stat. 1144) is amended by striking
the item relating to section 1404.
SEC. 11120. HIGHWAY USE TAX EVASION PROJECTS.
Section 143(b)(2)(A) of title 23, United States Code, is amended
by striking ‘‘fiscal years 2016 through 2020’’ and inserting ‘‘fiscal
years 2022 through 2026’’.
SEC. 11121. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL
FACILITIES.
Section 147 of title 23, United States Code, is amended by
striking subsection (h) and inserting the following:
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated out of the Highway Trust Fund (other than
the Mass Transit Account) to carry out this section—
‘‘(1) $110,000,000 for fiscal year 2022;
‘‘(2) $112,000,000 for fiscal year 2023;
‘‘(3) $114,000,000 for fiscal year 2024;
‘‘(4) $116,000,000 for fiscal year 2025; and
‘‘(5) $118,000,000 for fiscal year 2026.’’.
SEC. 11122. VULNERABLE ROAD USER RESEARCH. 23 USC 148 note.
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(a) DEFINITIONS.—In this subsection:
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135 STAT. 498 PUBLIC LAW 117–58—NOV. 15, 2021
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Secretary, acting through the Administrator of the Federal
Highway Administration.
(2) VULNERABLE ROAD USER.—The term ‘‘vulnerable road
user’’ has the meaning given the term in section 148(a) of
title 23, United States Code.
(b) ESTABLISHMENT OF RESEARCH PLAN.—The Administrator
shall establish a research plan to prioritize research on roadway
designs, the development of safety countermeasures to minimize
fatalities and serious injuries to vulnerable road users, and the
promotion of bicycling and walking, including research relating
to—
(1) roadway safety improvements, including traffic calming
techniques and vulnerable road user accommodations appro-
priate in a suburban arterial context;
(2) the impacts of traffic speeds, and access to low-traffic
stress corridors, on safety and rates of bicycling and walking;
Evaluation. (3) tools to evaluate the impact of transportation improve-
ments on projected rates and safety of bicycling and walking;
and
Determination. (4) other research areas to be determined by the Adminis-
trator.
(c) VULNERABLE ROAD USER ASSESSMENTS.—The Administrator
shall—
Reviews. (1) review each vulnerable road user safety assessment
Determination. submitted by a State under section 148(l) of title 23, United
States Code, and other relevant sources of data to determine
what, if any, standard definitions and methods should be devel-
oped through guidance to enable a State to collect pedestrian
injury and fatality data; and
(2) in the first progress update under subsection (d)(2),
provide—
(A) the results of the determination described in para-
graph (1); and
Recommenda- (B) the recommendations of the Secretary with respect
tions. to the collection and reporting of data on the safety of
vulnerable road users.
Deadlines. (d) SUBMISSION; PUBLICATION.—
(1) SUBMISSION OF PLAN.—Not later than 180 days after
the date of enactment of this Act, the Administrator shall
submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and Infra-
structure of the House of Representatives the research plan
described in subsection (b).
(2) PROGRESS UPDATES.—Not later than 2 years after the
date of enactment of this Act, and biannually thereafter, the
Administrator shall submit to the Committees described in
paragraph (1)—
(A) updates on the progress and findings of the
research conducted pursuant to the plan described in sub-
section (b); and
(B) in the first submission under this paragraph, the
results and recommendations described in subsection (c)(2).
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 499
SEC. 11123. WILDLIFE CROSSING SAFETY.
(a) DECLARATION OF POLICY.—Section 101(b)(3)(D) of title 23,
United States Code, is amended, in the matter preceding clause
(i), by inserting ‘‘resilient,’’ after ‘‘efficient,’’.
(b) WILDLIFE CROSSINGS PILOT PROGRAM.—
(1) IN GENERAL.—Chapter 1 of title 23, United States Code,
is amended by adding at the end the following:
‘‘§ 171. Wildlife crossings pilot program Grants.
23 USC 171.
‘‘(a) FINDING.—Congress finds that greater adoption of wildlife-
vehicle collision safety countermeasures is in the public interest
because—
‘‘(1) according to the report of the Federal Highway
Administration entitled ‘Wildlife-Vehicle Collision Reduction
Study’, there are more than 1,000,000 wildlife-vehicle collisions
every year;
‘‘(2) wildlife-vehicle collisions—
‘‘(A) present a danger to—
‘‘(i) human safety; and
‘‘(ii) wildlife survival; and
‘‘(B) represent a persistent concern that results in tens
of thousands of serious injuries and hundreds of fatalities
on the roadways of the United States; and
‘‘(3) the total annual cost associated with wildlife-vehicle
collisions has been estimated to be $8,388,000,000; and
‘‘(4) wildlife-vehicle collisions are a major threat to the
survival of species, including birds, reptiles, mammals, and
amphibians.
‘‘(b) ESTABLISHMENT.—The Secretary shall establish a competi-
tive wildlife crossings pilot program (referred to in this section
as the ‘pilot program’) to provide grants for projects that seek
to achieve—
‘‘(1) a reduction in the number of wildlife-vehicle collisions;
and
‘‘(2) in carrying out the purpose described in paragraph
(1), improved habitat connectivity for terrestrial and aquatic
species.
‘‘(c) ELIGIBLE ENTITIES.—An entity eligible to apply for a grant
under the pilot program is—
‘‘(1) a State highway agency, or an equivalent of that
agency;
‘‘(2) a metropolitan planning organization (as defined in
section 134(b));
‘‘(3) a unit of local government;
‘‘(4) a regional transportation authority;
‘‘(5) a special purpose district or public authority with
a transportation function, including a port authority;
‘‘(6) an Indian tribe (as defined in section 207(m)(1)),
including a Native village and a Native Corporation (as those
terms are defined in section 3 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602));
‘‘(7) a Federal land management agency; or
‘‘(8) a group of any of the entities described in paragraphs
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(1) through (7).
‘‘(d) APPLICATIONS.—
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135 STAT. 500 PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(1) IN GENERAL.—To be eligible to receive a grant under
the pilot program, an eligible entity shall submit to the Sec-
retary an application at such time, in such manner, and con-
taining such information as the Secretary may require.
Consultation. ‘‘(2) REQUIREMENT.—If an application under paragraph (1)
is submitted by an eligible entity other than an eligible entity
described in paragraph (1) or (7) of subsection (c), the applica-
tion shall include documentation that the State highway
agency, or an equivalent of that agency, of the State in which
the eligible entity is located was consulted during the develop-
ment of the application.
‘‘(3) GUIDANCE.—To enhance consideration of current and
reliable data, eligible entities may obtain guidance from an
agency in the State with jurisdiction over fish and wildlife.
‘‘(e) CONSIDERATIONS.—In selecting grant recipients under the
pilot program, the Secretary shall take into consideration the fol-
lowing:
‘‘(1) Primarily, the extent to which the proposed project
of an eligible entity is likely to protect motorists and wildlife
by reducing the number of wildlife-vehicle collisions and
improve habitat connectivity for terrestrial and aquatic species.
‘‘(2) Secondarily, the extent to which the proposed project
of an eligible entity is likely to accomplish the following:
‘‘(A) Leveraging Federal investment by encouraging
non-Federal contributions to the project, including projects
from public-private partnerships.
‘‘(B) Supporting local economic development and
improvement of visitation opportunities.
‘‘(C) Incorporation of innovative technologies, including
advanced design techniques and other strategies to enhance
efficiency and effectiveness in reducing wildlife-vehicle colli-
sions and improving habitat connectivity for terrestrial and
aquatic species.
‘‘(D) Provision of educational and outreach opportuni-
ties.
‘‘(E) Monitoring and research to evaluate, compare
effectiveness of, and identify best practices in, selected
projects.
Determination. ‘‘(F) Any other criteria relevant to reducing the number
of wildlife-vehicle collisions and improving habitat
connectivity for terrestrial and aquatic species, as the Sec-
retary determines to be appropriate, subject to the condition
that the implementation of the pilot program shall not
be delayed in the absence of action by the Secretary to
identify additional criteria under this subparagraph.
‘‘(f) USE OF FUNDS.—
‘‘(1) IN GENERAL.—The Secretary shall ensure that a grant
received under the pilot program is used for a project to reduce
wildlife-vehicle collisions.
‘‘(2) GRANT ADMINISTRATION.—
‘‘(A) IN GENERAL.—A grant received under the pilot
program shall be administered by—
‘‘(i) in the case of a grant to a Federal land manage-
ment agency or an Indian tribe (as defined in section
207(m)(1), including a Native village and a Native
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Corporation (as those terms are defined in section 3
of the Alaska Native Claims Settlement Act (43 U.S.C.
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 501
1602))), the Federal Highway Administration, through
an agreement; and
‘‘(ii) in the case of a grant to an eligible entity
other than an eligible entity described in clause (i),
the State highway agency, or an equivalent of that
agency, for the State in which the project is to be
carried out.
‘‘(B) PARTNERSHIPS.—
‘‘(i) IN GENERAL.—A grant received under the pilot
program may be used to provide funds to eligible part-
ners of the project for which the grant was received
described in clause (ii), in accordance with the terms
of the project agreement.
‘‘(ii) ELIGIBLE PARTNERS DESCRIBED.—The eligible
partners referred to in clause (i) include—
‘‘(I) a metropolitan planning organization (as
defined in section 134(b));
‘‘(II) a unit of local government;
‘‘(III) a regional transportation authority;
‘‘(IV) a special purpose district or public
authority with a transportation function, including
a port authority;
‘‘(V) an Indian tribe (as defined in section
207(m)(1)), including a Native village and a Native
Corporation (as those terms are defined in section
3 of the Alaska Native Claims Settlement Act (43
U.S.C. 1602));
‘‘(VI) a Federal land management agency;
‘‘(VII) a foundation, nongovernmental
organization, or institution of higher education;
‘‘(VIII) a Federal, Tribal, regional, or State
government entity; and
‘‘(IX) a group of any of the entities described
in subclauses (I) through (VIII).
‘‘(3) COMPLIANCE.—An eligible entity that receives a grant
under the pilot program and enters into a partnership described
in paragraph (2) shall establish measures to verify that an
eligible partner that receives funds from the grant complies
with the conditions of the pilot program in using those funds.
‘‘(g) REQUIREMENT.—The Secretary shall ensure that not less Urban and rural
than 60 percent of the amounts made available for grants under areas.
the pilot program each fiscal year are for projects located in rural
areas.
‘‘(h) ANNUAL REPORT TO CONGRESS.—
‘‘(1) IN GENERAL.—Not later than December 31 of each Public
calendar year, the Secretary shall submit to Congress, and information.
make publicly available, a report describing the activities under
the pilot program for the fiscal year that ends during that
calendar year.
‘‘(2) CONTENTS.—The report under paragraph (1) shall
include—
‘‘(A) a detailed description of the activities carried out
under the pilot program;
‘‘(B) an evaluation of the effectiveness of the pilot pro- Evaluation.
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gram in meeting the purposes described in subsection (b);
and
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135 STAT. 502 PUBLIC LAW 117–58—NOV. 15, 2021
Recommenda- ‘‘(C) policy recommendations to improve the effective-
tions. ness of the pilot program.
‘‘(i) TREATMENT OF PROJECTS.—Notwithstanding any other
provision of law, a project assisted under this section shall be
treated as a project on a Federal-aid highway under this chapter.’’.
(2) CLERICAL AMENDMENT.—The analysis for chapter 1 of
23 USC 101 prec. title 23, United States Code, is amended by inserting after
the item relating to section 170 the following:
‘‘171. Wildlife crossings pilot program.’’.
(c) WILDLIFE VEHICLE COLLISION REDUCTION AND HABITAT
CONNECTIVITY IMPROVEMENT.—
(1) IN GENERAL.—Chapter 1 of title 23, United States Code
(as amended by subsection (b)(1)), is amended by adding at
the end the following:
23 USC 172. ‘‘§ 172. Wildlife-vehicle collision reduction and habitat
connectivity improvement
‘‘(a) STUDY.—
‘‘(1) IN GENERAL.—The Secretary shall conduct a study
(referred to in this subsection as the ‘study’) of the state,
as of the date of the study, of the practice of methods to
reduce collisions between motorists and wildlife (referred to
in this section as ‘wildlife-vehicle collisions’).
‘‘(2) CONTENTS.—
‘‘(A) AREAS OF STUDY.—The study shall—
Update. ‘‘(i) update and expand on, as appropriate—
‘‘(I) the report entitled ‘Wildlife Vehicle Colli-
sion Reduction Study: 2008 Report to Congress’;
and
‘‘(II) the document entitled ‘Wildlife Vehicle
Collision Reduction Study: Best Practices Manual’
and dated October 2008; and
‘‘(ii) include—
Assessments. ‘‘(I) an assessment, as of the date of the study,
of—
‘‘(aa) the causes of wildlife-vehicle colli-
sions;
‘‘(bb) the impact of wildlife-vehicle colli-
sions on motorists and wildlife; and
‘‘(cc) the impacts of roads and traffic on
habitat connectivity for terrestrial and aquatic
species; and
‘‘(II) solutions and best practices for—
‘‘(aa) reducing wildlife-vehicle collisions;
and
‘‘(bb) improving habitat connectivity for
terrestrial and aquatic species.
‘‘(B) METHODS.—In carrying out the study, the Sec-
retary shall—
Review. ‘‘(i) conduct a thorough review of research and
data relating to—
‘‘(I) wildlife-vehicle collisions; and
‘‘(II) habitat fragmentation that results from
transportation infrastructure;
Survey. ‘‘(ii) survey current practices of the Department
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of Transportation and State departments of transpor-
tation to reduce wildlife-vehicle collisions; and
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 503
‘‘(iii) consult with— Consultation.
‘‘(I) appropriate experts in the field of wildlife-
vehicle collisions; and
‘‘(II) appropriate experts on the effects of roads
and traffic on habitat connectivity for terrestrial
and aquatic species.
‘‘(3) REPORT.—
‘‘(A) IN GENERAL.—Not later than 18 months after the
date of enactment of the Surface Transportation Reauthor-
ization Act of 2021, the Secretary shall submit to Congress
a report on the results of the study.
‘‘(B) CONTENTS.—The report under subparagraph (A)
shall include—
‘‘(i) a description of—
‘‘(I) the causes of wildlife-vehicle collisions;
‘‘(II) the impacts of wildlife-vehicle collisions;
and
‘‘(III) the impacts of roads and traffic on—
‘‘(aa) species listed as threatened species
or endangered species under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.);
‘‘(bb) species identified by States as spe-
cies of greatest conservation need;
‘‘(cc) species identified in State wildlife
plans; and
‘‘(dd) medium and small terrestrial and
aquatic species;
‘‘(ii) an economic evaluation of the costs and bene- Evaluation.
fits of installing highway infrastructure and other
measures to mitigate damage to terrestrial and aquatic
species, including the effect on jobs, property values,
and economic growth to society, adjacent communities,
and landowners;
‘‘(iii) recommendations for preventing wildlife- Recommenda-
vehicle collisions, including recommended best prac- tions.
tices, funding resources, or other recommendations for
addressing wildlife-vehicle collisions; and
‘‘(iv) guidance, developed in consultation with Fed- Consultation.
eral land management agencies and State departments
of transportation, State fish and wildlife agencies, and
Tribal governments that agree to participate, for devel-
oping, for each State that agrees to participate, a vol-
untary joint statewide transportation and wildlife
action plan—
‘‘(I) to address wildlife-vehicle collisions; and
‘‘(II) to improve habitat connectivity for terres-
trial and aquatic species.
‘‘(b) WORKFORCE DEVELOPMENT AND TECHNICAL TRAINING.—
‘‘(1) IN GENERAL.—Not later than 3 years after the date Deadline.
of enactment of the Surface Transportation Reauthorization
Act of 2021, the Secretary shall, based on the study conducted
under subsection (a), develop a series of in-person and online
workforce development and technical training courses—
‘‘(A) to reduce wildlife-vehicle collisions; and
‘‘(B) to improve habitat connectivity for terrestrial and
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aquatic species.
‘‘(2) AVAILABILITY.—The Secretary shall—
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135 STAT. 504 PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(A) make the series of courses developed under para-
graph (1) available for transportation and fish and wildlife
professionals; and
Updates. ‘‘(B) update the series of courses not less frequently
than once every 2 years.
‘‘(c) STANDARDIZATION OF WILDLIFE COLLISION AND CARCASS
DATA.—
‘‘(1) STANDARDIZED METHODOLOGY.—
‘‘(A) IN GENERAL.—The Secretary, acting through the
Administrator of the Federal Highway Administration
(referred to in this subsection as the ‘Secretary’), shall
develop a quality standardized methodology for collecting
and reporting spatially accurate wildlife collision and car-
cass data for the National Highway System, considering
the practicability of the methodology with respect to tech-
nology and cost.
‘‘(B) METHODOLOGY.—In developing the standardized
methodology under subparagraph (A), the Secretary shall—
Survey. ‘‘(i) survey existing methodologies and sources of
data collection, including the Fatality Analysis
Reporting System, the General Estimates System of
the National Automotive Sampling System, and the
Highway Safety Information System; and
‘‘(ii) to the extent practicable, identify and correct
limitations of those existing methodologies and sources
of data collection.
‘‘(C) CONSULTATION.—In developing the standardized
methodology under subparagraph (A), the Secretary shall
consult with—
‘‘(i) the Secretary of the Interior;
‘‘(ii) the Secretary of Agriculture, acting through
the Chief of the Forest Service;
‘‘(iii) Tribal, State, and local transportation and
wildlife authorities;
‘‘(iv) metropolitan planning organizations (as
defined in section 134(b));
‘‘(v) members of the American Association of State
Highway Transportation Officials;
‘‘(vi) members of the Association of Fish and Wild-
life Agencies;
‘‘(vii) experts in the field of wildlife-vehicle colli-
sions;
‘‘(viii) nongovernmental organizations; and
‘‘(ix) other interested stakeholders, as appropriate.
‘‘(2) STANDARDIZED NATIONAL DATA SYSTEM WITH VOL-
UNTARY TEMPLATE IMPLEMENTATION.—The Secretary shall—
‘‘(A) develop a template for State implementation of
a standardized national wildlife collision and carcass data
system for the National Highway System that is based
on the standardized methodology developed under para-
graph (1); and
‘‘(B) encourage the voluntary implementation of the
template developed under subparagraph (A).
‘‘(3) REPORTS.—
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‘‘(A) METHODOLOGY.—The Secretary shall submit to
Congress a report describing the standardized methodology
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 505
developed under paragraph (1) not later than the later
of—
‘‘(i) the date that is 18 months after the date
of enactment of the Surface Transportation Reauthor-
ization Act of 2021; and
‘‘(ii) the date that is 180 days after the date on
which the Secretary completes the development of the
standardized methodology.
‘‘(B) IMPLEMENTATION.—Not later than 4 years after
the date of enactment of the Surface Transportation
Reauthorization Act of 2021, the Secretary shall submit
to Congress a report describing—
‘‘(i) the status of the voluntary implementation
of the standardized methodology developed under para-
graph (1) and the template developed under paragraph
(2)(A);
‘‘(ii) whether the implementation of the standard-
ized methodology developed under paragraph (1) and
the template developed under paragraph (2)(A) has
impacted efforts by States, units of local government,
and other entities—
‘‘(I) to reduce the number of wildlife-vehicle
collisions; and
‘‘(II) to improve habitat connectivity;
‘‘(iii) the degree of the impact described in clause
(ii); and
‘‘(iv) the recommendations of the Secretary, Recommenda-
including recommendations for further study aimed tions.
at reducing motorist collisions involving wildlife and
improving habitat connectivity for terrestrial and
aquatic species on the National Highway System, if
any.
‘‘(d) NATIONAL THRESHOLD GUIDANCE.—The Secretary shall—
‘‘(1) establish guidance, to be carried out by States on Determination.
a voluntary basis, that contains a threshold for determining
whether a highway shall be evaluated for potential mitigation
measures to reduce wildlife-vehicle collisions and increase
habitat connectivity for terrestrial and aquatic species, taking
into consideration—
‘‘(A) the number of wildlife-vehicle collisions on the
highway that pose a human safety risk;
‘‘(B) highway-related mortality and the effects of traffic
on the highway on—
‘‘(i) species listed as endangered species or threat-
ened species under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.);
‘‘(ii) species identified by a State as species of
greatest conservation need;
‘‘(iii) species identified in State wildlife plans; and
‘‘(iv) medium and small terrestrial and aquatic
species; and
‘‘(C) habitat connectivity values for terrestrial and
aquatic species and the barrier effect of the highway on
the movements and migrations of those species.’’.
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(2) CLERICAL AMENDMENT.—The analysis for chapter 1 of
title 23, United States Code (as amended by subsection (b)(2)) 23 USC 101 prec.
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135 STAT. 506 PUBLIC LAW 117–58—NOV. 15, 2021
is amended by inserting after the item relating to section 171
the following:
‘‘172. Wildlife-vehicle collision reduction and habitat connectivity improvement.’’.
(d) WILDLIFE CROSSINGS STANDARDS.—Section 109(c)(2) of title
23, United States Code, is amended—
(1) in subparagraph (E), by striking ‘‘and’’ at the end;
(2) by redesignating subparagraph (F) as subparagraph
(G); and
(3) by inserting after subparagraph (E) the following:
‘‘(F) the publication of the Federal Highway Adminis-
tration entitled ‘Wildlife Crossing Structure Handbook:
Design and Evaluation in North America’ and dated March
2011; and’’.
(e) WILDLIFE HABITAT CONNECTIVITY AND NATIONAL BRIDGE
AND TUNNEL INVENTORY AND INSPECTION STANDARDS.—Section 144
of title 23, United States Code, is amended—
(1) in subsection (a)(2)—
(A) in subparagraph (B), by inserting ‘‘, resilience,’’
after ‘‘safety’’;
(B) in subparagraph (D), by striking ‘‘and’’ at the end;
(C) in subparagraph (E), by striking the period at
the end and inserting ‘‘; and’’; and
(D) by adding at the end the following:
‘‘(F) to ensure adequate passage of aquatic and terres-
trial species, where appropriate.’’;
(2) in subsection (b)—
(A) in paragraph (4), by striking ‘‘and’’ at the end;
(B) in paragraph (5), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(6) determine if the replacement or rehabilitation of
bridges and tunnels should include measures to enable safe
and unimpeded movement for terrestrial and aquatic species.’’;
and
(3) in subsection (i), by adding at the end the following:
‘‘(3) REQUIREMENT.—The first revision under paragraph (2)
after the date of enactment of the Surface Transportation
Reauthorization Act of 2021 shall include techniques to assess
passage of aquatic and terrestrial species and habitat restora-
tion potential.’’.
SEC. 11124. CONSOLIDATION OF PROGRAMS.
Section 1519(a) of MAP–21 (Public Law 112–141; 126 Stat.
574; 129 Stat. 1423) is amended, in the matter preceding paragraph
(1), by striking ‘‘fiscal years 2016 through 2020’’ and inserting
‘‘fiscal years 2022 through 2026’’.
SEC. 11125. GAO REPORT.
Repeal. (a) IN GENERAL.—Section 1433 of the FAST Act (23 U.S.C.
101 note; Public Law 114–94) is repealed.
(b) CLERICAL AMENDMENT.—The table of contents in section
1(b) of the FAST Act (Public Law 114–94; 129 Stat. 1312) is
amended by striking the item relating to section 1433.
SEC. 11126. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.
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Section 165 of title 23, United States Code, is amended—
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 507
(1) in subsection (a), by striking paragraphs (1) and (2)
and inserting the following:
‘‘(1) for the Puerto Rico highway program under subsection
(b)—
‘‘(A) $173,010,000 shall be for fiscal year 2022;
‘‘(B) $176,960,000 shall be for fiscal year 2023;
‘‘(C) $180,120,000 shall be for fiscal year 2024;
‘‘(D) $183,675,000 shall be for fiscal year 2025; and
‘‘(E) $187,230,000 shall be for fiscal year 2026; and
‘‘(2) for the territorial highway program under subsection
(c)—
‘‘(A) $45,990,000 shall be for fiscal year 2022;
‘‘(B) $47,040,000 shall be for fiscal year 2023;
‘‘(C) $47,880,000 shall be for fiscal year 2024;
‘‘(D) $48,825,000 shall be for fiscal year 2025; and
‘‘(E) $49,770,000 shall be for fiscal year 2026.’’;
(2) in subsection (b)(2)(C)(iii), by inserting ‘‘and preventa-
tive maintenance on the National Highway System’’ after
‘‘chapter 1’’; and
(3) in subsection (c)(7), by striking ‘‘paragraphs (1) through
(4) of section 133(c) and section 133(b)(12)’’ and inserting ‘‘para-
graphs (1), (2), (3), and (5) of section 133(c) and section
133(b)(13)’’.
SEC. 11127. NATIONALLY SIGNIFICANT FEDERAL LANDS AND TRIBAL
PROJECTS PROGRAM.
Section 1123 of the FAST Act (23 U.S.C. 201 note; Public
Law 114–94) is amended—
(1) in subsection (c)(3), by striking ‘‘$25,000,000’’ and all
that follows through the period at the end and inserting
‘‘$12,500,000.’’;
(2) in subsection (g)—
(A) by striking the subsection designation and heading
and all that follows through ‘‘The Federal’’ in paragraph
(1) and inserting the following:
‘‘(g) COST SHARE.—
‘‘(1) FEDERAL SHARE.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the Federal’’;
(B) in paragraph (1), by adding at the end the following:
‘‘(B) TRIBAL PROJECTS.—In the case of a project on
a tribal transportation facility (as defined in section 101(a)
of title 23, United States Code), the Federal share of the
cost of the project shall be 100 percent.’’; and
(C) in paragraph (2), by striking ‘‘other than those
made available under title 23 or title 49, United States
Code,’’; and
(3) by striking subsection (h) and inserting the following:
‘‘(h) USE OF FUNDS.—
‘‘(1) IN GENERAL.—For each fiscal year, of the amounts
made available to carry out this section—
‘‘(A) 50 percent shall be used for eligible projects on
Federal lands transportation facilities and Federal lands
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access transportation facilities (as those terms are defined
in section 101(a) of title 23, United States Code); and
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135 STAT. 508 PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(B) 50 percent shall be used for eligible projects on
tribal transportation facilities (as defined in section 101(a)
of title 23, United States Code).
‘‘(2) REQUIREMENT.—Not less than 1 eligible project carried
out using the amount described in paragraph (1)(A) shall be
in a unit of the National Park System with not less than
3,000,000 annual visitors.
‘‘(3) AVAILABILITY.—Amounts made available to carry out
this section shall remain available for a period of 3 fiscal
years following the fiscal year for which the amounts are appro-
priated.’’.
SEC. 11128. TRIBAL HIGH PRIORITY PROJECTS PROGRAM.
Section 1123(h) of MAP–21 (23 U.S.C. 202 note; Public Law
112–141) is amended—
(1) by redesignating paragraph (2) as paragraph (3);
(2) in paragraph (3) (as so redesignated), in the matter
preceding subparagraph (A), by striking ‘‘paragraph (1)’’ and
inserting ‘‘paragraphs (1) and (2)’’; and
(3) by striking the subsection designation and heading and
all that follows through the period at the end of paragraph
(1) and inserting the following:
‘‘(h) FUNDING.—
‘‘(1) SET-ASIDE.—For each of fiscal years 2022 through 2026,
of the amounts made available to carry out the tribal transpor-
tation program under section 202 of title 23, United States
Code, for that fiscal year, the Secretary shall use $9,000,000
to carry out the program.
‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—In addition to
amounts made available under paragraph (1), there is author-
ized to be appropriated $30,000,000 out of the general fund
of the Treasury to carry out the program for each of fiscal
years 2022 through 2026.’’.
SEC. 11129. STANDARDS.
Section 109 of title 23, United States Code, is amended—
(1) in subsection (d)—
(A) by striking ‘‘(d) On any’’ and inserting the following:
‘‘(d) MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES.—
‘‘(1) IN GENERAL.—On any’’;
(B) in paragraph (1) (as so designated), by striking
‘‘promote the safe’’ and inserting ‘‘promote the safety, inclu-
sion, and mobility of all users’’; and
(C) by adding at the end the following:
Deadline. ‘‘(2) UPDATES.—Not later than 18 months after the date
of enactment of the Surface Transportation Reauthorization
Act of 2021 and not less frequently than every 4 years there-
after, the Secretary shall update the Manual on Uniform Traffic
Control Devices.’’;
(2) in subsection (o)—
(A) by striking ‘‘Projects’’ and inserting:
‘‘(A) IN GENERAL.—Projects’’; and
(B) by inserting at the end the following:
‘‘(B) LOCAL JURISDICTIONS.—Notwithstanding subpara-
graph (A), a local jurisdiction may use a roadway design
guide recognized by the Federal Highway Administration
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and adopted by the local jurisdiction that is different from
the roadway design guide used by the State in which
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 509
the local jurisdiction is located for the design of projects
on all roadways under the ownership of the local jurisdic-
tion (other than a highway on the National Highway
System) for which the local jurisdiction is the project
sponsor, provided that the design complies with all other
applicable Federal laws.’’; and
(3) by adding at the end the following:
‘‘(s) ELECTRIC VEHICLE CHARGING STATIONS.—
‘‘(1) STANDARDS.—Electric vehicle charging infrastructure
installed using funds provided under this title shall provide,
at a minimum—
‘‘(A) non-proprietary charging connectors that meet
applicable industry safety standards; and
‘‘(B) open access to payment methods that are available
to all members of the public to ensure secure, convenient,
and equal access to the electric vehicle charging infrastruc-
ture that shall not be limited by membership to a particular
payment provider.
‘‘(2) TREATMENT OF PROJECTS.—Notwithstanding any other
provision of law, a project to install electric vehicle charging
infrastructure using funds provided under this title shall be
treated as if the project is located on a Federal-aid highway.’’.
SEC. 11130. PUBLIC TRANSPORTATION.
(a) IN GENERAL.—Section 142(a) of title 23, United States Code,
is amended by adding at the end the following:
‘‘(3) BUS CORRIDORS.—In addition to the projects described
in paragraphs (1) and (2), the Secretary may approve payment
from sums apportioned under paragraph (2) or (7) of section
104(b) for carrying out a capital project for the construction
of a bus rapid transit corridor or dedicated bus lanes, including
the construction or installation of—
‘‘(A) traffic signaling and prioritization systems;
‘‘(B) redesigned intersections that are necessary for
the establishment of a bus rapid transit corridor;
‘‘(C) on-street stations;
‘‘(D) fare collection systems;
‘‘(E) information and wayfinding systems; and
‘‘(F) depots.’’.
(b) TECHNICAL CORRECTION.—Section 142 of title 23, United
States Code, is amended by striking subsection (i).
SEC. 11131. RESERVATION OF CERTAIN FUNDS.
(a) OPEN CONTAINER REQUIREMENTS.—Section 154(c)(2) of title
23, United States Code, is amended—
(1) in the paragraph heading, by striking ‘‘2012’’ and
inserting ‘‘2022’’;
(2) by striking subparagraph (A) and inserting the fol-
lowing:
‘‘(A) RESERVATION OF FUNDS.—
‘‘(i) IN GENERAL.—On October 1, 2021, and each Effective dates.
October 1 thereafter, in the case of a State described Certification.
in clause (ii), the Secretary shall reserve an amount
equal to 2.5 percent of the funds to be apportioned
to the State on that date under each of paragraphs
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(1) and (2) of section 104(b) until the State certifies
to the Secretary the means by which the State will
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135 STAT. 510 PUBLIC LAW 117–58—NOV. 15, 2021
use those reserved funds in accordance with subpara-
graphs (A) and (B) of paragraph (1), and paragraph
(3).
‘‘(ii) STATES DESCRIBED.—A State referred to in
clause (i) is a State—
‘‘(I) that has not enacted or is not enforcing
an open container law described in subsection (b);
and
Determination. ‘‘(II) for which the Secretary determined for
the prior fiscal year that the State had not enacted
or was not enforcing an open container law
described in subsection (b).’’; and
(3) in subparagraph (B), in the matter preceding clause
(i), by striking ‘‘subparagraph (A)’’ and inserting ‘‘subparagraph
(A)(i)’’.
(b) REPEAT INTOXICATED DRIVER LAWS.—Section 164(b)(2) of
title 23, United States Code, is amended—
(1) in the paragraph heading, by striking ‘‘2012’’ and
inserting ‘‘2022’’;
(2) by striking subparagraph (A) and inserting the fol-
lowing:
‘‘(A) RESERVATION OF FUNDS.—
Effective dates. ‘‘(i) IN GENERAL.—On October 1, 2021, and each
Certification. October 1 thereafter, in the case of a State described
in clause (ii), the Secretary shall reserve an amount
equal to 2.5 percent of the funds to be apportioned
to the State on that date under each of paragraphs
(1) and (2) of section 104(b) until the State certifies
to the Secretary the means by which the State will
use those reserved funds in accordance with subpara-
graphs (A) and (B) of paragraph (1), and paragraph
(3).
‘‘(ii) STATES DESCRIBED.—A State referred to in
clause (i) is a State—
‘‘(I) that has not enacted or is not enforcing
a repeat intoxicated driver law; and
Determination. ‘‘(II) for which the Secretary determined for
the prior fiscal year that the State had not enacted
or was not enforcing a repeat intoxicated driver
law.’’; and
(3) in subparagraph (B), in the matter preceding clause
(i), by striking ‘‘subparagraph (A)’’ and inserting ‘‘subparagraph
(A)(i)’’.
SEC. 11132. RURAL SURFACE TRANSPORTATION GRANT PROGRAM.
(a) IN GENERAL.—Chapter 1 of title 23, United States Code
(as amended by section 11123(c)(1)), is amended by adding at the
end the following:
23 USC 173. ‘‘§ 173. Rural surface transportation grant program
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) PROGRAM.—The term ‘program’ means the program
established under subsection (b)(1).
‘‘(2) RURAL AREA.—The term ‘rural area’ means an area
that is outside an urbanized area with a population of over
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200,000.
‘‘(b) ESTABLISHMENT.—
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 511
‘‘(1) IN GENERAL.—The Secretary shall establish a rural
surface transportation grant program to provide grants, on
a competitive basis, to eligible entities to improve and expand
the surface transportation infrastructure in rural areas.
‘‘(2) GOALS.—The goals of the program shall be—
‘‘(A) to increase connectivity;
‘‘(B) to improve the safety and reliability of the move-
ment of people and freight; and
‘‘(C) to generate regional economic growth and improve
quality of life.
‘‘(3) GRANT ADMINISTRATION.—The Secretary may—
‘‘(A) retain not more than a total of 2 percent of the Review.
funds made available to carry out the program and to
review applications for grants under the program; and
‘‘(B) transfer portions of the funds retained under Transfer
subparagraph (A) to the relevant Administrators to fund authority.
the award and oversight of grants provided under the
program.
‘‘(c) ELIGIBLE ENTITIES.—The Secretary may make a grant
under the program to—
‘‘(1) a State;
‘‘(2) a regional transportation planning organization;
‘‘(3) a unit of local government;
‘‘(4) a Tribal government or a consortium of Tribal govern-
ments; and
‘‘(5) a multijurisdictional group of entities described in para-
graphs (1) through (4).
‘‘(d) APPLICATIONS.—To be eligible to receive a grant under
the program, an eligible entity shall submit to the Secretary an
application in such form, at such time, and containing such informa-
tion as the Secretary may require.
‘‘(e) ELIGIBLE PROJECTS.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
the Secretary may make a grant under the program only for
a project that is—
‘‘(A) a highway, bridge, or tunnel project eligible under
section 119(d);
‘‘(B) a highway, bridge, or tunnel project eligible under
section 133(b);
‘‘(C) a project eligible under section 202(a);
‘‘(D) a highway freight project eligible under section
167(h)(5);
‘‘(E) a highway safety improvement project, including
a project to improve a high risk rural road (as those terms
are defined in section 148(a));
‘‘(F) a project on a publicly-owned highway or bridge
that provides or increases access to an agricultural,
commercial, energy, or intermodal facility that supports
the economy of a rural area; or
‘‘(G) a project to develop, establish, or maintain an
integrated mobility management system, a transportation
demand management system, or on-demand mobility serv-
ices.
‘‘(2) BUNDLING OF ELIGIBLE PROJECTS.—
‘‘(A) IN GENERAL.—An eligible entity may bundle 2
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or more similar eligible projects under the program that
are—
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135 STAT. 512 PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(i) included as a bundled project in a statewide
transportation improvement program under section
135; and
‘‘(ii) awarded to a single contractor or consultant
pursuant to a contract for engineering and design or
construction between the contractor and the eligible
entity.
‘‘(B) ITEMIZATION.—Notwithstanding any other provi-
sion of law (including regulations), a bundling of eligible
projects under this paragraph may be considered to be
a single project, including for purposes of section 135.
‘‘(f) ELIGIBLE PROJECT COSTS.—An eligible entity may use funds
from a grant under the program for—
‘‘(1) development phase activities, including planning, feasi-
bility analysis, revenue forecasting, environmental review,
preliminary engineering and design work, and other
preconstruction activities; and
‘‘(2) construction, reconstruction, rehabilitation, acquisition
of real property (including land related to the project and
improvements to the land), environmental mitigation, construc-
tion contingencies, acquisition of equipment, and operational
improvements.
Determination. ‘‘(g) PROJECT REQUIREMENTS.—The Secretary may provide a
grant under the program to an eligible project only if the Secretary
determines that the project—
‘‘(1) will generate regional economic, mobility, or safety
benefits;
‘‘(2) will be cost effective;
‘‘(3) will contribute to the accomplishment of 1 or more
of the national goals under section 150;
‘‘(4) is based on the results of preliminary engineering;
and
Deadline. ‘‘(5) is reasonably expected to begin construction not later
than 18 months after the date of obligation of funds for the
project.
‘‘(h) ADDITIONAL CONSIDERATIONS.—In providing grants under
the program, the Secretary shall consider the extent to which an
eligible project will—
‘‘(1) improve the state of good repair of existing highway,
bridge, and tunnel facilities;
‘‘(2) increase the capacity or connectivity of the surface
transportation system and improve mobility for residents of
rural areas;
‘‘(3) address economic development and job creation chal-
lenges, including energy sector job losses in energy communities
as identified in the report released in April 2021 by the inter-
agency working group established by section 218 of Executive
Order 14008 (86 Fed. Reg. 7628 (February 1, 2021));
‘‘(4) enhance recreational and tourism opportunities by pro-
viding access to Federal land, national parks, national forests,
national recreation areas, national wildlife refuges, wilderness
areas, or State parks;
‘‘(5) contribute to geographic diversity among grant recipi-
ents;
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‘‘(6) utilize innovative project delivery approaches or incor-
porate transportation technologies;
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 513
‘‘(7) coordinate with projects to address broadband infra- Coordination.
structure needs; or
‘‘(8) improve access to emergency care, essential services,
healthcare providers, or drug and alcohol treatment and
rehabilitation resources.
‘‘(i) GRANT AMOUNT.—Except as provided in subsection (k)(1),
a grant under the program shall be in an amount that is not
less than $25,000,000.
‘‘(j) FEDERAL SHARE.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
the Federal share of the cost of a project carried out with
a grant under the program may not exceed 80 percent.
‘‘(2) FEDERAL SHARE FOR CERTAIN PROJECTS.—The Federal Determination.
share of the cost of an eligible project that furthers the comple-
tion of a designated segment of the Appalachian Development
Highway System under section 14501 of title 40, or addresses
a surface transportation infrastructure need identified for the
Denali access system program under section 309 of the Denali
Commission Act of 1998 (42 U.S.C. 3121 note; Public Law
105–277) shall be up to 100 percent, as determined by the
State.
‘‘(3) USE OF OTHER FEDERAL ASSISTANCE.—Federal assist-
ance other than a grant under the program may be used to
satisfy the non-Federal share of the cost of a project carried
out with a grant under the program.
‘‘(k) SET ASIDES.—
‘‘(1) SMALL PROJECTS.—The Secretary shall use not more
than 10 percent of the amounts made available for the program
for each fiscal year to provide grants for eligible projects in
an amount that is less than $25,000,000.
‘‘(2) APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.—The
Secretary shall reserve 25 percent of the amounts made avail-
able for the program for each fiscal year for eligible projects
that further the completion of designated routes of the Appa-
lachian Development Highway System under section 14501 of
title 40.
‘‘(3) RURAL ROADWAY LANE DEPARTURES.—The Secretary
shall reserve 15 percent of the amounts made available for
the program for each fiscal year to provide grants for eligible
projects located in States that have rural roadway fatalities
as a result of lane departures that are greater than the average
of rural roadway fatalities as a result of lane departures in
the United States, based on the latest available data from
the Secretary.
‘‘(4) EXCESS FUNDING.—In any fiscal year in which qualified
applications for grants under this subsection do not allow for
the amounts reserved under paragraphs (1), (2), or (3) to be
fully utilized, the Secretary shall use the unutilized amounts
to make other grants under the program.
‘‘(l) CONGRESSIONAL REVIEW.— Deadlines.
‘‘(1) NOTIFICATION.—Not less than 60 days before providing
a grant under the program, the Secretary shall submit to
the Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure of
the House of Representatives—
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‘‘(A) a list of all applications determined to be eligible List.
for a grant by the Secretary; Determination.
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135 STAT. 514 PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(B) each application proposed to be selected for a
grant, including a justification for the selection; and
Proposal. ‘‘(C) proposed grant amounts.
‘‘(2) COMMITTEE REVIEW.—Before the last day of the 60-
day period described in paragraph (1), each Committee
described in paragraph (1) shall review the list of proposed
projects submitted by the Secretary.
‘‘(3) CONGRESSIONAL DISAPPROVAL.—The Secretary may not
make a grant or any other obligation or commitment to fund
a project under the program if a joint resolution is enacted
disapproving funding for the project before the last day of
the 60-day period described in paragraph (1).
‘‘(m) TRANSPARENCY.—
Deadline. ‘‘(1) IN GENERAL.—Not later than 30 days after providing
Web posting. a grant for a project under the program, the Secretary shall
provide to all applicants, and publish on the website of the
Department of Transportation, the information described in
subsection (l)(1).
‘‘(2) BRIEFING.—The Secretary shall provide, on the request
of an eligible entity, the opportunity to receive a briefing to
explain any reasons the eligible entity was not selected to
receive a grant under the program.
‘‘(n) REPORTS.—
Web posting. ‘‘(1) ANNUAL REPORT.—The Secretary shall make available
on the website of the Department of Transportation at the
end of each fiscal year an annual report that lists each project
for which a grant has been provided under the program during
that fiscal year.
‘‘(2) COMPTROLLER GENERAL.—
‘‘(A) ASSESSMENT.—The Comptroller General of the
United States shall conduct an assessment of the adminis-
trative establishment, solicitation, selection, and justifica-
tion process with respect to the awarding of grants under
the program for each fiscal year.
‘‘(B) REPORT.—Each fiscal year, the Comptroller Gen-
eral shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Rep-
resentatives a report that describes, for the fiscal year—
‘‘(i) the adequacy and fairness of the process by
which each project was selected, if applicable; and
‘‘(ii) the justification and criteria used for the selec-
tion of each project, if applicable.
‘‘(o) TREATMENT OF PROJECTS.—Notwithstanding any other
provision of law, a project assisted under this section shall be
treated as a project on a Federal-aid highway under this chapter.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title
23 USC 101 prec. 23, United States Code (as amended by section 11123(c)(2)), is
amended by inserting after the item relating to section 172 the
following:
‘‘173. Rural surface transportation grant program.’’.
SEC. 11133. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.
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Section 217 of title 23, United States Code, is amended—
(1) in subsection (a)—
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 515
(A) by striking ‘‘pedestrian walkways and bicycle’’ and
inserting ‘‘pedestrian walkways and bicycle and shared
micromobility’’; and
(B) by striking ‘‘safe bicycle use’’ and inserting ‘‘safe
access for bicyclists and pedestrians’’;
(2) in subsection (d), by striking ‘‘a position’’ and inserting
‘‘up to 2 positions’’;
(3) in subsection (e), by striking ‘‘bicycles’’ each place it
appears and inserting ‘‘pedestrians or bicyclists’’;
(4) in subsection (f), by striking ‘‘and a bicycle’’ and
inserting ‘‘or a bicycle or shared micromobility’’; and
(5) in subsection (j), by striking paragraph (2) and inserting
the following:
‘‘(2) ELECTRIC BICYCLE.—
‘‘(A) IN GENERAL.—The term ‘electric bicycle’ means Definition.
a bicycle—
‘‘(i) equipped with fully operable pedals, a saddle
or seat for the rider, and an electric motor of less
than 750 watts;
‘‘(ii) that can safely share a bicycle transportation
facility with other users of such facility; and
‘‘(iii) that is a class 1 electric bicycle, class 2 electric
bicycle, or class 3 electric bicycle.
‘‘(B) CLASSES OF ELECTRIC BICYCLES.—
‘‘(i) CLASS 1 ELECTRIC BICYCLE.—For purposes of
subparagraph (A)(iii), the term ‘class 1 electric bicycle’
means an electric bicycle, other than a class 3 electric
bicycle, equipped with a motor that—
‘‘(I) provides assistance only when the rider
is pedaling; and
‘‘(II) ceases to provide assistance when the
speed of the bicycle reaches or exceeds 20 miles
per hour.
‘‘(ii) CLASS 2 ELECTRIC BICYCLE.—For purposes of
subparagraph (A)(iii), the term ‘class 2 electric bicycle’
means an electric bicycle equipped with a motor that—
‘‘(I) may be used exclusively to propel the
bicycle; and
‘‘(II) is not capable of providing assistance
when the speed of the bicycle reaches or exceeds
20 miles per hour.
‘‘(iii) CLASS 3 ELECTRIC BICYCLE.—For purposes of
subparagraph (A)(iii), the term ‘class 3 electric bicycle’
means an electric bicycle equipped with a motor that—
‘‘(I) provides assistance only when the rider
is pedaling; and
‘‘(II) ceases to provide assistance when the
speed of the bicycle reaches or exceeds 28 miles
per hour.’’.
SEC. 11134. RECREATIONAL TRAILS PROGRAM.
Section 206 of title 23, United States Code, is amended by
adding at the end the following:
‘‘(j) USE OF OTHER APPORTIONED FUNDS.—Funds apportioned
to a State under section 104(b) that are obligated for a recreational
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trail or a related project shall be administered as if the funds
were made available to carry out this section.’’.
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135 STAT. 516 PUBLIC LAW 117–58—NOV. 15, 2021
23 USC 109 note. SEC. 11135. UPDATES TO MANUAL ON UNIFORM TRAFFIC CONTROL
DEVICES.
In carrying out the first update to the Manual on Uniform
Traffic Control Devices under section 109(d)(2) of title 23, United
States Code, to the greatest extent practicable, the Secretary shall
include updates necessary to provide for—
(1) the protection of vulnerable road users (as defined in
section 148(a) of title 23, United States Code);
(2) supporting the safe testing of automated vehicle tech-
nology and any preparation necessary for the safe integration
of automated vehicles onto public streets;
(3) appropriate use of variable message signs to enhance
public safety;
(4) the minimum retroreflectivity of traffic control devices
and pavement markings; and
(5) any additional recommendations made by the National
Committee on Uniform Traffic Control Devices that have not
been incorporated into the Manual on Uniform Traffic Control
Devices.
Subtitle B—Planning and Performance
Management
SEC. 11201. TRANSPORTATION PLANNING.
(a) METROPOLITAN TRANSPORTATION PLANNING.—Section 134
of title 23, United States Code, is amended—
(1) in subsection (d)—
(A) in paragraph (3), by adding at the end the following:
‘‘(D) CONSIDERATIONS.—In designating officials or rep-
resentatives under paragraph (2) for the first time, subject
to the bylaws or enabling statute of the metropolitan plan-
ning organization, the metropolitan planning organization
shall consider the equitable and proportional representa-
tion of the population of the metropolitan planning area.’’;
and
(B) in paragraph (7)—
(i) by striking ‘‘an existing metropolitan planning
area’’ and inserting ‘‘an existing urbanized area (as
defined by the Bureau of the Census)’’; and
(ii) by striking ‘‘the existing metropolitan planning
area’’ and inserting ‘‘the area’’;
(2) in subsection (g)—
(A) in paragraph (1), by striking ‘‘a metropolitan area’’
and inserting ‘‘an urbanized area (as defined by the Bureau
of the Census)’’; and
(B) by adding at the end the following:
‘‘(4) COORDINATION BETWEEN MPOS.—If more than 1 metro-
politan planning organization is designated within an urbanized
area (as defined by the Bureau of the Census) under subsection
(d)(7), the metropolitan planning organizations designated
within the area shall ensure, to the maximum extent prac-
ticable, the consistency of any data used in the planning
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process, including information used in forecasting travel
demand.
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 517
‘‘(5) SAVINGS CLAUSE.—Nothing in this subsection requires
metropolitan planning organizations designated within a single
urbanized area to jointly develop planning documents, including
a unified long-range transportation plan or unified TIP.’’;
(3) in subsection (i)(6), by adding at the end the following:
‘‘(D) USE OF TECHNOLOGY.—A metropolitan planning
organization may use social media and other web-based
tools—
‘‘(i) to further encourage public participation; and
‘‘(ii) to solicit public feedback during the transpor-
tation planning process.’’; and
(4) in subsection (p), by striking ‘‘paragraphs (5)(D) and
(6) of section 104(b) of this title’’ and inserting ‘‘section
104(b)(6)’’.
(b) STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLAN-
NING.—Section 135(f)(3) of title 23, United States Code, is amended
by adding at the end the following:
‘‘(C) USE OF TECHNOLOGY.—A State may use social
media and other web-based tools—
‘‘(i) to further encourage public participation; and
‘‘(ii) to solicit public feedback during the transpor-
tation planning process.’’.
(c) CONFORMING AMENDMENT.—Section 135(i) of title 23, United
States Code, is amended by striking ‘‘paragraphs (5)(D) and (6)
of section 104(b) of this title’’ and inserting ‘‘section 104(b)(6)’’.
(d) HOUSING COORDINATION.—Section 134 of title 23, United
States Code, is amended—
(1) in subsection (a)(1), by inserting ‘‘better connect housing
and employment,’’ after ‘‘urbanized areas’’;
(2) in subsection (g)(3)(A), by inserting ‘‘housing,’’ after
‘‘economic development,’’;
(3) in subsection (h)(1)(E), by inserting ‘‘, housing,’’ after
‘‘growth’’;
(4) in subsection (i)—
(A) in paragraph (4)(B)—
(i) by redesignating clauses (iii) through (vi) as
clauses (iv) through (vii), respectively; and
(ii) by inserting after clause (ii) the following:
‘‘(iii) assumed distribution of population and
housing;’’; and
(B) in paragraph (6)(A), by inserting ‘‘affordable
housing organizations,’’ after ‘‘disabled,’’; and
(5) in subsection (k)—
(A) by redesignating paragraphs (4) and (5) as para-
graphs (5) and (6), respectively; and
(B) by inserting after paragraph (3) the following:
‘‘(4) HOUSING COORDINATION PROCESS.—
‘‘(A) IN GENERAL.—Within a metropolitan planning
area serving a transportation management area, the
transportation planning process under this section may
address the integration of housing, transportation, and eco-
nomic development strategies through a process that pro-
vides for effective integration, based on a cooperatively
developed and implemented strategy, of new and existing
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transportation facilities eligible for funding under this title
and chapter 53 of title 49.
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135 STAT. 518 PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(B) COORDINATION IN INTEGRATED PLANNING
PROCESS.—In carrying out the process described in subpara-
graph (A), a metropolitan planning organization may—
Consultation. ‘‘(i) consult with—
‘‘(I) State and local entities responsible for land
use, economic development, housing, management
of road networks, or public transportation; and
‘‘(II) other appropriate public or private enti-
ties; and
‘‘(ii) coordinate, to the extent practicable, with
applicable State and local entities to align the goals
of the process with the goals of any comprehensive
housing affordability strategies established within the
metropolitan planning area pursuant to section 105
of the Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 12705) and plans developed under sec-
tion 5A of the United States Housing Act of 1937
(42 U.S.C. 1437c–1).
‘‘(C) HOUSING COORDINATION PLAN.—
‘‘(i) IN GENERAL.—A metropolitan planning
organization serving a transportation management
area may develop a housing coordination plan that
includes projects and strategies that may be considered
in the metropolitan transportation plan of the metro-
politan planning organization.
‘‘(ii) CONTENTS.—A plan described in clause (i)
may—
‘‘(I) develop regional goals for the integration
of housing, transportation, and economic develop-
ment strategies to—
‘‘(aa) better connect housing and employ-
ment while mitigating commuting times;
‘‘(bb) align transportation improvements
with housing needs, such as housing supply
shortages, and proposed housing development;
‘‘(cc) align planning for housing and
transportation to address needs in relationship
to household incomes within the metropolitan
planning area;
‘‘(dd) expand housing and economic
development within the catchment areas of
existing transportation facilities and public
transportation services when appropriate,
including higher-density development, as
locally determined;
‘‘(ee) manage effects of growth of vehicle
miles traveled experienced in the metropolitan
planning area related to housing development
and economic development;
‘‘(ff) increase share of households with
sufficient and affordable access to the
transportation networks of the metropolitan
planning area;
‘‘(II) identify the location of existing and
planned housing and employment, and transpor-
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tation options that connect housing and employ-
ment; and
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 519
‘‘(III) include a comparison of transportation
plans to land use management plans, including
zoning plans, that may affect road use, public
transportation ridership, and housing develop-
ment.’’.
SEC. 11202. FISCAL CONSTRAINT ON LONG-RANGE TRANSPORTATION Deadline.
PLANS. Time period.
23 USC 134 note.
Not later than 1 year after the date of enactment of this
Act, the Secretary shall amend section 450.324(f)(11)(v) of title
23, Code of Federal Regulations, to ensure that the outer years
of a metropolitan transportation plan are defined as ‘‘beyond the
first 4 years’’.
SEC. 11203. STATE HUMAN CAPITAL PLANS.
(a) IN GENERAL.—Chapter 1 of title 23, United States Code
(as amended by section 11132(a)), is amended by adding at the
end the following:
‘‘§ 174. State human capital plans 23 USC 174.
‘‘(a) IN GENERAL.—Not later than 18 months after the date Deadline.
of enactment of this section, the Secretary shall encourage each
State to develop a voluntary plan, to be known as a ‘human capital
plan’, that provides for the immediate and long-term personnel
and workforce needs of the State with respect to the capacity
of the State to deliver transportation and public infrastructure
eligible under this title.
‘‘(b) PLAN CONTENTS.—
‘‘(1) IN GENERAL.—A human capital plan developed by a
State under subsection (a) shall, to the maximum extent prac-
ticable, take into consideration—
‘‘(A) significant transportation workforce trends, needs,
issues, and challenges with respect to the State;
‘‘(B) the human capital policies, strategies, and
performance measures that will guide the transportation-
related workforce investment decisions of the State;
‘‘(C) coordination with educational institutions,
industry, organized labor, workforce boards, and other
agencies or organizations to address the human capital
transportation needs of the State;
‘‘(D) a workforce planning strategy that identifies cur-
rent and future human capital needs, including the knowl-
edge, skills, and abilities needed to recruit and retain
skilled workers in the transportation industry;
‘‘(E) a human capital management strategy that is
aligned with the transportation mission, goals, and
organizational objectives of the State;
‘‘(F) an implementation system for workforce goals
focused on addressing continuity of leadership and knowl-
edge sharing across the State;
‘‘(G) an implementation system that addresses
workforce competency gaps, particularly in mission-critical
occupations;
‘‘(H) in the case of public-private partnerships or other
alternative project delivery methods to carry out the
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transportation program of the State, a description of
workforce needs—
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135 STAT. 520 PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(i) to ensure that the transportation mission,
goals, and organizational objectives of the State are
fully carried out; and
‘‘(ii) to ensure that procurement methods provide
the best public value;
‘‘(I) a system for analyzing and evaluating the perform-
ance of the State department of transportation with respect
to all aspects of human capital management policies, pro-
grams, and activities; and
‘‘(J) the manner in which the plan will improve the
ability of the State to meet the national policy in support
of performance management established under section 150.
‘‘(2) PLANNING PERIOD.—If a State develops a human capital
plan under subsection (a), the plan shall address a 5-year
forecast period.
Time period. ‘‘(c) PLAN UPDATES.—If a State develops a human capital plan
under subsection (a), the State shall update the plan not less
frequently than once every 5 years.
‘‘(d) RELATIONSHIP TO LONG-RANGE PLAN.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), a human cap-
ital plan developed by a State under subsection (a) may be
developed separately from, or incorporated into, the long-range
statewide transportation plan required under section 135.
‘‘(2) EFFECT OF SECTION.—Nothing in this section requires
a State, or authorizes the Secretary to require a State, to
incorporate a human capital plan into the long-range statewide
transportation plan required under section 135.
Records. ‘‘(e) PUBLIC AVAILABILITY.—Each State that develops a human
Web posting. capital plan under subsection (a) shall make a copy of the plan
available to the public in a user-friendly format on the website
of the State department of transportation.
‘‘(f) SAVINGS PROVISION.—Nothing in this section prevents a
State from carrying out transportation workforce planning—
‘‘(1) not described in this section; or
‘‘(2) not in accordance with this section.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title
23 USC 101 prec. 23, United States Code (as amended by section 11132(b)), is
amended by inserting after the item relating to section 173 the
following:
‘‘174. State human capital plans.’’.
23 USC 134 note. SEC. 11204. PRIORITIZATION PROCESS PILOT PROGRAM.
(a) DEFINITIONS.—In this section:
(1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means any
of the following:
(A) A metropolitan planning organization that serves
an area with a population of over 200,000.
(B) A State.
(2) METROPOLITAN PLANNING ORGANIZATION.—The term
‘‘metropolitan planning organization’’ has the meaning given
the term in section 134(b) of title 23, United States Code.
(3) PRIORITIZATION PROCESS PILOT PROGRAM.—The term
‘‘prioritization process pilot program’’ means the pilot program
established under subsection (b)(1).
(b) ESTABLISHMENT.—
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(1) IN GENERAL.—The Secretary shall establish and solicit
applications for a prioritization process pilot program.
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 521
(2) PURPOSE.—The purpose of the prioritization process
pilot program shall be to support data-driven approaches to
planning that, on completion, can be evaluated for public ben-
efit.
(c) PILOT PROGRAM ADMINISTRATION.—
(1) IN GENERAL.—An eligible entity participating in the
prioritization process pilot program shall—
(A) use priority objectives that are developed— Consultation.
(i) in the case of an urbanized area with a popu-
lation of over 200,000, by the metropolitan planning
organization that serves the area, in consultation with
the State;
(ii) in the case of an urbanized area with a popu-
lation of 200,000 or fewer, by the State in consultation
with all metropolitan planning organizations in the
State; and
(iii) through a public process that provides an
opportunity for public input;
(B) assess and score projects and strategies on the Assessment.
basis of—
(i) the contribution and benefits of the project or
strategy to each priority objective developed under
subparagraph (A);
(ii) the cost of the project or strategy relative to
the contribution and benefits assessed and scored
under clause (i); and
(iii) public support;
(C) use the scores assigned under subparagraph (B)
to guide project selection in the development of the
transportation plan and transportation improvement pro-
gram; and
(D) ensure that the public—
(i) has opportunities to provide public comment Public comment.
on projects before decisions are made on the transpor-
tation plan and the transportation improvement pro-
gram; and
(ii) has access to clear reasons why each project
or strategy was selected or not selected.
(2) REQUIREMENTS.—An eligible entity that receives a grant
under the prioritization process pilot program shall use the
funds as described in each of the following, as applicable:
(A) METROPOLITAN TRANSPORTATION PLANNING.—In the
case of a metropolitan planning organization that serves
an area with a population of over 200,000, the entity shall—
(i) develop and implement a publicly accessible,
transparent prioritization process for the selection of
projects for inclusion on the transportation plan for
the metropolitan planning area under section 134(i)
of title 23, United States Code, and section 5303(i)
of title 49, United States Code, which shall—
(I) include criteria identified by the metropoli- Criteria.
tan planning organization, which may be weighted
to reflect the priority objectives developed under
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paragraph (1)(A), that the metropolitan planning
organization has determined support—
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135 STAT. 522 PUBLIC LAW 117–58—NOV. 15, 2021
(aa) factors described in section 134(h) of
title 23, United States Code, and section
5303(h) of title 49, United States Code;
(bb) targets for national performance
measures under section 150(b) of title 23,
United States Code;
(cc) applicable transportation goals in the
metropolitan planning area or State set by
the applicable transportation agency; and
(dd) priority objectives developed under
paragraph (1)(A);
Evaluation. (II) evaluate the outcomes for each proposed
project on the basis of the benefits of the proposed
project with respect to each of the criteria
described in subclause (I) relative to the cost of
the proposed project; and
List. (III) use the evaluation under subclause (II)
to create a ranked list of proposed projects; and
(ii) with respect to the priority list under section
134(j)(2)(A) of title 23 and section 5303(j)(2)(A) of title
49, United States Code, include projects according to
the rank of the project under clause (i)(III), except
as provided in subparagraph (D).
(B) STATEWIDE TRANSPORTATION PLANNING.—In the
case of a State, the State shall—
(i) develop and implement a publicly accessible,
transparent process for the selection of projects for
inclusion on the long-range statewide transportation
plan under section 135(f) of title 23, United States
Code, which shall—
Criteria. (I) include criteria identified by the State,
which may be weighted to reflect statewide prior-
ities, that the State has determined support—
(aa) factors described in section 135(d) of
title 23, United States Code, and section
5304(d) of title 49, United States Code;
(bb) national transportation goals under
section 150(b) of title 23, United States Code;
(cc) applicable transportation goals in the
State; and
(dd) the priority objectives developed
under paragraph (1)(A);
Evaluation. (II) evaluate the outcomes for each proposed
project on the basis of the benefits of the proposed
project with respect to each of the criteria
described in subclause (I) relative to the cost of
the proposed project; and
List. (III) use the evaluation under subclause (II)
to create a ranked list of proposed projects; and
(ii) with respect to the statewide transportation
improvement program under section 135(g) of title 23,
United States Code, and section 5304(g) of title 49,
United States Code, include projects according to the
rank of the project under clause (i)(III), except as pro-
vided in subparagraph (D).
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(C) ADDITIONAL TRANSPORTATION PLANNING.—If the
eligible entity has implemented, and has in effect, the
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 523
requirements under subparagraph (A) or (B), as applicable,
the eligible entity may use any remaining funds from a
grant provided under the pilot program for any transpor-
tation planning purpose.
(D) EXCEPTIONS TO PRIORITY RANKING.—In the case Public
of any project that the eligible entity chooses to include information.
or not include in the transportation improvement program
under section 134(j) of title 23, United States Code, or
the statewide transportation improvement program under
section 135(g) of title 23, United States Code, as applicable,
in a manner that is contrary to the priority ranking for
that project established under subparagraph (A)(i)(III) or
(B)(i)(III), the eligible entity shall make publicly available
an explanation for the decision, including—
(i) a review of public comments regarding the Review.
project;
(ii) an evaluation of public support for the project; Evaluation.
(iii) an assessment of geographic balance of Assessment.
projects of the eligible entity; and
(iv) the number of projects of the eligible entity
in economically distressed areas.
(3) MAXIMUM AMOUNT.—The maximum amount of a grant
under the prioritization process pilot program is $2,000,000.
(d) APPLICATIONS.—To be eligible to participate in the
prioritization process pilot program, an eligible entity shall submit
to the Secretary an application at such time, in such manner,
and containing such information as the Secretary may require.
SEC. 11205. TRAVEL DEMAND DATA AND MODELING. 23 USC 134 note.
(a) DEFINITION OF METROPOLITAN PLANNING ORGANIZATION.—
In this section, the term ‘‘metropolitan planning organization’’ has
the meaning given the term in section 134(b) of title 23, United
States Code.
(b) STUDY.—
(1) IN GENERAL.—Not later than 2 years after the date Deadline.
of enactment of this Act, and not less frequently than once Time period.
every 5 years thereafter, the Secretary shall carry out a study
that—
(A) gathers travel data and travel demand forecasts
from a representative sample of States and metropolitan
planning organizations;
(B) uses the data and forecasts gathered under
subparagraph (A) to compare travel demand forecasts with
the observed data, including—
(i) traffic counts;
(ii) travel mode share and public transit ridership;
and
(iii) vehicle occupancy measures; and
(C) uses the information described in subparagraphs
(A) and (B)—
(i) to develop best practices or guidance for States
and metropolitan planning organizations to use in fore-
casting travel demand for future investments in
transportation improvements;
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(ii) to evaluate the impact of transportation invest- Evaluation.
ments, including new roadway capacity, on travel
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135 STAT. 524 PUBLIC LAW 117–58—NOV. 15, 2021
behavior and travel demand, including public transpor-
tation ridership, induced highway travel, and conges-
tion;
(iii) to support more accurate travel demand fore-
casting by States and metropolitan planning organiza-
tions; and
(iv) to enhance the capacity of States and metro-
politan planning organizations—
(I) to forecast travel demand; and
(II) to track observed travel behavior
responses, including induced travel, to changes in
transportation capacity, pricing, and land use pat-
terns.
(2) SECRETARIAL SUPPORT.—The Secretary shall seek
opportunities to support the transportation planning processes
under sections 134 and 135 of title 23, United States Code,
through the provision of data to States and metropolitan plan-
ning organizations to improve the quality of plans, models,
and forecasts described in this subsection.
Public (3) EVALUATION TOOL.—The Secretary shall develop a pub-
information. licly available multimodal web-based tool for the purpose of
enabling States and metropolitan planning organizations to
evaluate the effect of investments in highway and public
transportation projects on the use and conditions of all transpor-
tation assets within the State or area served by the metropoli-
tan planning organization, as applicable.
23 USC 134 note. SEC. 11206. INCREASING SAFE AND ACCESSIBLE TRANSPORTATION
OPTIONS.
(a) DEFINITION OF COMPLETE STREETS STANDARDS OR POLI-
CIES.—In this section, the term ‘‘Complete Streets standards or
policies’’ means standards or policies that ensure the safe and
adequate accommodation of all users of the transportation system,
including pedestrians, bicyclists, public transportation users, chil-
dren, older individuals, individuals with disabilities, motorists, and
freight vehicles.
(b) FUNDING REQUIREMENT.—Notwithstanding any other provi-
sion of law, each State and metropolitan planning organization
shall use to carry out 1 or more activities described in subsection
(c)—
(1) in the case of a State, not less than 2.5 percent of
the amounts made available to the State to carry out section
505 of title 23, United States Code; and
(2) in the case of a metropolitan planning organization,
not less than 2.5 percent of the amounts made available to
the metropolitan planning organization under section 104(d)
of title 23, United States Code.
(c) ACTIVITIES DESCRIBED.—An activity referred to in subsection
(b) is an activity to increase safe and accessible options for multiple
travel modes for people of all ages and abilities, which, if permissible
under applicable State and local laws, may include—
(1) adoption of Complete Streets standards or policies;
(2) development of a Complete Streets prioritization plan
that identifies a specific list of Complete Streets projects to
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improve the safety, mobility, or accessibility of a street;
(3) development of transportation plans—
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 525
(A) to create a network of active transportation facili-
ties, including sidewalks, bikeways, or pedestrian and
bicycle trails, to connect neighborhoods with destinations
such as workplaces, schools, residences, businesses, recre-
ation areas, healthcare and child care services, or other
community activity centers;
(B) to integrate active transportation facilities with
public transportation service or improve access to public
transportation;
(C) to create multiuse active transportation infrastruc-
ture facilities, including bikeways or pedestrian and bicycle
trails, that make connections within or between commu-
nities;
(D) to increase public transportation ridership; and
(E) to improve the safety of bicyclists and pedestrians;
(4) regional and megaregional planning to address travel
demand and capacity constraints through alternatives to new
highway capacity, including through intercity passenger rail;
and
(5) development of transportation plans and policies that
support transit-oriented development.
(d) FEDERAL SHARE.—The Federal share of the cost of an Determination.
activity carried out under this section shall be 80 percent, unless
the Secretary determines that the interests of the Federal-aid high-
way program would be best served by decreasing or eliminating
the non-Federal share.
(e) STATE FLEXIBILITY.—A State or metropolitan planning Deadline.
organization, with the approval of the Secretary, may opt out of
the requirements of this section if the State or metropolitan plan-
ning organization demonstrates to the Secretary, by not later than
30 days before the Secretary apportions funds for a fiscal year
under section 104, that the State or metropolitan planning organiza-
tion—
(1) has Complete Streets standards and policies in place;
and
(2) has developed an up-to-date Complete Streets
prioritization plan as described in subsection (c)(2).
Subtitle C—Project Delivery and Process
Improvement
SEC. 11301. CODIFICATION OF ONE FEDERAL DECISION.
(a) IN GENERAL.—Section 139 of title 23, United States Code,
is amended—
(1) in the section heading, by striking ‘‘decisionmaking’’
and inserting ‘‘decisionmaking and One Federal Decision’’;
(2) in subsection (a)—
(A) by redesignating paragraphs (2) through (8) as
paragraphs (4), (5), (6), (8), (9), (10), and (11), respectively;
(B) by inserting after paragraph (1) the following: Definitions.
‘‘(2) AUTHORIZATION.—The term ‘authorization’ means any
environmental license, permit, approval, finding, or other
administrative decision related to the environmental review
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process that is required under Federal law to site, construct,
or reconstruct a project.
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135 STAT. 526 PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(3) ENVIRONMENTAL DOCUMENT.—The term ‘environmental
document’ includes an environmental assessment, finding of
no significant impact, notice of intent, environmental impact
statement, or record of decision under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.).’’;
(C) in subparagraph (B) of paragraph (5) (as so redesig-
nated), by striking ‘‘process for and completion of any
environmental permit’’ and inserting ‘‘process and schedule,
including a timetable for and completion of any environ-
mental permit’’; and
(D) by inserting after paragraph (6) (as so redesig-
nated) the following:
Definitions. ‘‘(7) MAJOR PROJECT.—
‘‘(A) IN GENERAL.—The term ‘major project’ means a
project for which—
‘‘(i) multiple permits, approvals, reviews, or studies
are required under a Federal law other than the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.);
‘‘(ii) the project sponsor has identified the reason-
able availability of funds sufficient to complete the
project;
‘‘(iii) the project is not a covered project (as defined
in section 41001 of the FAST Act (42 U.S.C. 4370m));
and
Determinations. ‘‘(iv)(I) the head of the lead agency has determined
that an environmental impact statement is required;
or
‘‘(II) the head of the lead agency has determined
that an environmental assessment is required, and
the project sponsor requests that the project be treated
as a major project.
‘‘(B) CLARIFICATION.—In this section, the term ‘major
project’ does not have the same meaning as the term ‘major
project’ as described in section 106(h).’’;
(3) in subsection (b)(1)—
(A) by inserting ‘‘, including major projects,’’ after ‘‘all
projects’’; and
(B) by inserting ‘‘as requested by a project sponsor
and’’ after ‘‘applied,’’;
(4) in subsection (c)—
(A) in paragraph (6)—
(i) in subparagraph (B), by striking ‘‘and’’ at the
end;
(ii) in subparagraph (C), by striking the period
at the end and inserting ‘‘; and’’; and
(iii) by adding at the end the following:
‘‘(D) to calculate annually the average time taken by
the lead agency to complete all environmental documents
for each project during the previous fiscal year.’’; and
(B) by adding at the end the following:
‘‘(7) PROCESS IMPROVEMENTS FOR PROJECTS.—
Reviews. ‘‘(A) IN GENERAL.—The Secretary shall review—
‘‘(i) existing practices, procedures, rules, regula-
tions, and applicable laws to identify impediments to
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meeting the requirements applicable to projects under
this section; and
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 527
‘‘(ii) best practices, programmatic agreements, and
potential changes to internal departmental procedures
that would facilitate an efficient environmental review
process for projects.
‘‘(B) CONSULTATION.—In conducting the review under
subparagraph (A), the Secretary shall consult, as appro-
priate, with the heads of other Federal agencies that
participate in the environmental review process.
‘‘(C) REPORT.—Not later than 2 years after the date
of enactment of the Surface Transportation Reauthorization
Act of 2021, the Secretary shall submit to the Committee
on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives a report that includes—
‘‘(i) the results of the review under subparagraph
(A); and
‘‘(ii) an analysis of whether additional funding Analysis.
would help the Secretary meet the requirements
applicable to projects under this section.’’;
(5) in subsection (d)—
(A) in paragraph (8)—
(i) in the paragraph heading, by striking ‘‘NEPA’’
and inserting ‘‘ENVIRONMENTAL’’;
(ii) in subparagraph (A)—
(I) by inserting ‘‘and except as provided in
subparagraph (D)’’ after ‘‘paragraph (7)’’;
(II) by striking ‘‘permits’’ and inserting
‘‘authorizations’’; and
(III) by striking ‘‘single environment docu-
ment’’ and inserting ‘‘single environmental docu-
ment for each kind of environmental document’’;
(iii) in subparagraph (B)(i)—
(I) by striking ‘‘an environmental document’’
and inserting ‘‘environmental documents’’; and
(II) by striking ‘‘permits issued’’ and inserting
‘‘authorizations’’; and
(iv) by adding at the end the following:
‘‘(D) EXCEPTIONS.—The lead agency may waive the Waiver authority.
application of subparagraph (A) with respect to a project
if—
‘‘(i) the project sponsor requests that agencies issue
separate environmental documents;
‘‘(ii) the obligations of a cooperating agency or
participating agency under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
have already been satisfied with respect to the project;
or
‘‘(iii) the lead agency determines that reliance on Determination.
a single environmental document (as described in
subparagraph (A)) would not facilitate timely comple-
tion of the environmental review process for the
project.’’; and
(B) by adding at the end the following:
‘‘(10) TIMELY AUTHORIZATIONS FOR MAJOR PROJECTS.—
‘‘(A) DEADLINE.—Except as provided in subparagraph
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(C), all authorization decisions necessary for the construc-
tion of a major project shall be completed by not later
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135 STAT. 528 PUBLIC LAW 117–58—NOV. 15, 2021
than 90 days after the date of the issuance of a record
of decision for the major project.
‘‘(B) DETAIL.—The final environmental impact state-
ment for a major project shall include an adequate level
of detail to inform decisions necessary for the role of the
participating agencies and cooperating agencies in the
environmental review process.
‘‘(C) EXTENSION OF DEADLINE.—The head of the lead
agency may extend the deadline under subparagraph (A)
if—
‘‘(i) Federal law prohibits the lead agency or
another agency from issuing an approval or permit
within the period described in that subparagraph;
‘‘(ii) the project sponsor requests that the permit
or approval follow a different timeline; or
‘‘(iii) an extension would facilitate completion of
the environmental review and authorization process
of the major project.’’;
(6) in subsection (g)(1)—
(A) in subparagraph (B)—
(i) in clause (ii)(IV), by striking ‘‘schedule for and
cost of’’ and inserting ‘‘time required by an agency
to conduct an environmental review and make
decisions under applicable Federal law relating to a
project (including the issuance or denial of a permit
or license) and the cost of’’; and
(ii) by adding at the end the following:
Time period. ‘‘(iii) MAJOR PROJECT SCHEDULE.—To the maximum
extent practicable and consistent with applicable Fed-
eral law, in the case of a major project, the lead agency
shall develop, in concurrence with the project sponsor,
a schedule for the major project that is consistent
with an agency average of not more than 2 years
for the completion of the environmental review process
for major projects, as measured from, as applicable—
‘‘(I) the date of publication of a notice of intent
to prepare an environmental impact statement to
the record of decision; or
Determination. ‘‘(II) the date on which the head of the lead
agency determines that an environmental assess-
ment is required to a finding of no significant
impact.’’;
(B) by striking subparagraph (D) and inserting the
following:
‘‘(D) MODIFICATION.—
‘‘(i) IN GENERAL.—Except as provided in clause
(ii), the lead agency may lengthen or shorten a schedule
established under subparagraph (B) for good cause.
‘‘(ii) EXCEPTIONS.—
Time period. ‘‘(I) MAJOR PROJECTS.—In the case of a major
project, the lead agency may lengthen a schedule
under clause (i) for a cooperating Federal agency
by not more than 1 year after the latest deadline
established for the major project by the lead
agency.
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‘‘(II) SHORTENED SCHEDULES.—The lead
agency may not shorten a schedule under clause
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 529
(i) if doing so would impair the ability of a cooper-
ating Federal agency to conduct necessary analyses
or otherwise carry out relevant obligations of the
Federal agency for the project.’’;
(C) by redesignating subparagraph (E) as subpara-
graph (F); and
(D) by inserting after subparagraph (D) the following:
‘‘(E) FAILURE TO MEET DEADLINE.—If a cooperating Fed-
eral agency fails to meet a deadline established under
subparagraph (D)(ii)(I)—
‘‘(i) the cooperating Federal agency shall submit Reports.
to the Secretary a report that describes the reasons
why the deadline was not met; and
‘‘(ii) the Secretary shall—
‘‘(I) transmit to the Committee on Environ- Records.
ment and Public Works of the Senate and the
Committee on Transportation and Infrastructure
of the House of Representatives a copy of the report
under clause (i); and
‘‘(II) make the report under clause (i) publicly Public
available on the internet.’’; information.
Web posting.
(7) in subsection (n), by adding at the end the following:
‘‘(3) LENGTH OF ENVIRONMENTAL DOCUMENT.—
‘‘(A) IN GENERAL.—Notwithstanding any other provi-
sion of law and except as provided in subparagraph (B),
to the maximum extent practicable, the text of the items
described in paragraphs (4) through (6) of section
1502.10(a) of title 40, Code of Federal Regulations (or suc-
cessor regulations), of an environmental impact statement
for a project shall be 200 pages or fewer.
‘‘(B) EXEMPTION.—An environmental impact statement
for a project may exceed 200 pages, if the lead agency
establishes a new page limit for the environmental impact
statement for that project.’’; and
(8) by adding at the end the following:
‘‘(p) ACCOUNTABILITY AND REPORTING FOR MAJOR PROJECTS.—
‘‘(1) IN GENERAL.—The Secretary shall establish a perform-
ance accountability system to track each major project.
‘‘(2) REQUIREMENTS.—The performance accountability
system under paragraph (1) shall, for each major project, track,
at a minimum—
‘‘(A) the environmental review process for the major
project, including the project schedule;
‘‘(B) whether the lead agency, cooperating agencies,
and participating agencies are meeting the schedule estab-
lished for the environmental review process; and
‘‘(C) the time taken to complete the environmental
review process.
‘‘(q) DEVELOPMENT OF CATEGORICAL EXCLUSIONS.—
‘‘(1) IN GENERAL.—Not later than 60 days after the date Deadline.
of enactment of this subsection, and every 4 years thereafter, Time period.
the Secretary shall—
‘‘(A) in consultation with the agencies described in Consultation.
paragraph (2), identify the categorical exclusions described
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in section 771.117 of title 23, Code of Federal Regulations
(or successor regulations), that would accelerate delivery
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135 STAT. 530 PUBLIC LAW 117–58—NOV. 15, 2021
of a project if those categorical exclusions were available
to those agencies;
‘‘(B) collect existing documentation and substantiating
information on the categorical exclusions described in
subparagraph (A); and
‘‘(C) provide to each agency described in paragraph
(2)—
List. ‘‘(i) a list of the categorical exclusions identified
under subparagraph (A); and
‘‘(ii) the documentation and substantiating
information under subparagraph (B).
‘‘(2) AGENCIES DESCRIBED.—The agencies referred to in
paragraph (1) are—
‘‘(A) the Department of the Interior;
‘‘(B) the Department of the Army;
‘‘(C) the Department of Commerce;
‘‘(D) the Department of Agriculture;
‘‘(E) the Department of Energy;
‘‘(F) the Department of Defense; and
‘‘(G) any other Federal agency that has participated
in an environmental review process for a project, as deter-
mined by the Secretary.
‘‘(3) ADOPTION OF CATEGORICAL EXCLUSIONS.—
Deadline. ‘‘(A) IN GENERAL.—Not later than 1 year after the
Publication. date on which the Secretary provides a list under para-
Notice.
Regulations. graph (1)(C), an agency described in paragraph (2) shall
publish a notice of proposed rulemaking to propose any
categorical exclusions from the list applicable to the agency,
subject to the condition that the categorical exclusion
identified under paragraph (1)(A) meets the criteria for
a categorical exclusion under section 1508.1 of title 40,
Code of Federal Regulations (or successor regulations).
‘‘(B) PUBLIC COMMENT.—In a notice of proposed rule-
making under subparagraph (A), the applicable agency may
solicit comments on whether any of the proposed new cat-
egorical exclusions meet the criteria for a categorical exclu-
sion under section 1508.1 of title 40, Code of Federal Regu-
lations (or successor regulations).’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title
23 USC 101 prec. 23, United States Code, is amended by striking the item relating
to section 139 and inserting the following:
‘‘139. Efficient environmental reviews for project decisionmaking and One Federal
Decision.’’.
Time period. SEC. 11302. WORK ZONE PROCESS REVIEWS.
23 USC 401 note.
The Secretary shall amend section 630.1008(e) of title 23, Code
of Federal Regulations, to ensure that the work zone process review
under that subsection is required not more frequently than once
every 5 years.
Time period. SEC. 11303. TRANSPORTATION MANAGEMENT PLANS.
23 USC 401 note.
(a) IN GENERAL.—The Secretary shall amend section
630.1010(c) of title 23, Code of Federal Regulations, to ensure
that only a project described in that subsection with a lane closure
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for 3 or more consecutive days shall be considered to be a significant
project for purposes of that section.
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 531
(b) NON-INTERSTATE PROJECTS.—Notwithstanding any other
provision of law, a State shall not be required to develop or imple-
ment a transportation management plan (as described in section
630.1012 of title 23, Code of Federal Regulations (or successor
regulations)) for a highway project not on the Interstate System
if the project requires not more than 3 consecutive days of lane
closures.
SEC. 11304. INTELLIGENT TRANSPORTATION SYSTEMS. 23 USC 502 note.
(a) IN GENERAL.—The Secretary shall develop guidance for
using existing flexibilities with respect to the systems engineering
analysis described in part 940 of title 23, Code of Federal Regula-
tions (or successor regulations).
(b) IMPLEMENTATION.—The Secretary shall ensure that any
guidance developed under subsection (a)—
(1) clearly identifies criteria for low-risk and exempt intel- Criteria.
ligent transportation systems projects, with a goal of mini-
mizing unnecessary delay or paperwork burden;
(2) is consistently implemented by the Department nation-
wide; and
(3) is disseminated to Federal-aid recipients.
(c) SAVINGS PROVISION.—Nothing in this section prevents the
Secretary from amending part 940 of title 23, Code of Federal
Regulations (or successor regulations), to reduce State administra-
tive burdens.
SEC. 11305. ALTERNATIVE CONTRACTING METHODS.
(a) ALTERNATIVE CONTRACTING METHODS FOR FEDERAL LAND
MANAGEMENT AGENCIES AND TRIBAL GOVERNMENTS.—Section 201
of title 23, United States Code, is amended by adding at the end
the following:
‘‘(f) ALTERNATIVE CONTRACTING METHODS.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
law (including the Federal Acquisition Regulation), a con-
tracting method available to a State under this title may be
used by the Secretary, on behalf of—
‘‘(A) a Federal land management agency, in using any
funds pursuant to section 203, 204, or 308;
‘‘(B) a Federal land management agency, in using any
funds pursuant to section 1535 of title 31 for any of the
eligible uses described in sections 203(a)(1) and 204(a)(1)
and paragraphs (1) and (2) of section 308(a); or
‘‘(C) a Tribal government, in using funds pursuant
to section 202(b)(7)(D).
‘‘(2) METHODS DESCRIBED.—The contracting methods
referred to in paragraph (1) shall include, at a minimum—
‘‘(A) project bundling;
‘‘(B) bridge bundling;
‘‘(C) design-build contracting;
‘‘(D) 2-phase contracting;
‘‘(E) long-term concession agreements; and
‘‘(F) any method tested, or that could be tested, under
an experimental program relating to contracting methods
carried out by the Secretary.
‘‘(3) EFFECT.—Nothing in this subsection—
‘‘(A) affects the application of the Federal share for
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the project carried out with a contracting method under
this subsection; or
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135 STAT. 532 PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(B) modifies the point of obligation of Federal salaries
and expenses.’’.
(b) COOPERATION WITH FEDERAL AND STATE AGENCIES AND
FOREIGN COUNTRIES.—Section 308(a) of title 23, United States Code,
is amended by adding at the end the following:
‘‘(4) ALTERNATIVE CONTRACTING METHODS.—
‘‘(A) IN GENERAL.—Notwithstanding any other provi-
sion of law (including the Federal Acquisition Regulation),
in performing services under paragraph (1), the Secretary
may use any contracting method available to a State under
this title.
‘‘(B) METHODS DESCRIBED.—The contracting methods
referred to in subparagraph (A) shall include, at a min-
imum—
‘‘(i) project bundling;
‘‘(ii) bridge bundling;
‘‘(iii) design-build contracting;
‘‘(iv) 2-phase contracting;
‘‘(v) long-term concession agreements; and
‘‘(vi) any method tested, or that could be tested,
under an experimental program relating to contracting
methods carried out by the Secretary.’’.
23 USC 201 note. (c) USE OF ALTERNATIVE CONTRACTING METHODS.—In carrying
out an alternative contracting method under section 201(f) or
308(a)(4) of title 23, United States Code, the Secretary shall—
Consultation. (1) in consultation with the applicable Federal land
Procedures. management agencies, establish clear procedures that are—
(A) applicable to the alternative contracting method;
and
(B) to the maximum extent practicable, consistent with
the requirements applicable to Federal procurement trans-
actions;
(2) solicit input on the use of the alternative contracting
method from the affected industry prior to using the method;
and
Analysis. (3) analyze and prepare an evaluation of the use of the
Evaluation. alternative contracting method.
SEC. 11306. FLEXIBILITY FOR PROJECTS.
Section 1420 of the FAST Act (23 U.S.C. 101 note; Public
Law 114–94) is amended—
Determination. (1) in subsection (a), by striking ‘‘and on request by a
State, the Secretary may’’ in the matter preceding paragraph
(1) and all that follows through the period at the end of para-
graph (2) and inserting the following: ‘‘, on request by a State,
and if in the public interest (as determined by the Secretary),
the Secretary shall exercise all existing flexibilities under—
‘‘(1) the requirements of title 23, United States Code; and
‘‘(2) other requirements administered by the Secretary, in
whole or in part.’’; and
(2) in subsection (b)(2)(A), by inserting ‘‘(including regula-
tions)’’ after ‘‘environmental law’’.
SEC. 11307. IMPROVED FEDERAL-STATE STEWARDSHIP AND OVER-
SIGHT AGREEMENTS.
23 USC 106 note. (a) DEFINITION OF TEMPLATE.—In this section, the term ‘‘tem-
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plate’’ means a template created by the Secretary for Federal-
State stewardship and oversight agreements that—
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 533
(1) includes all standard terms found in stewardship and
oversight agreements, including any terms in an attachment
to the agreement;
(2) is developed in accordance with section 106 of title
23, United States Code, or any other applicable authority;
and
(3) may be developed with consideration of relevant regula-
tions, guidance, or policies.
(b) REQUEST FOR COMMENT.—
(1) IN GENERAL.—Not later than 60 days after the date Deadline.
of enactment of this Act, the Secretary shall publish in the Federal Register,
publication.
Federal Register the template and a notice requesting public Notice.
comment on ways to improve the template.
(2) COMMENT PERIOD.—The Secretary shall provide a period
of not less than 60 days for public comment on the notice
under paragraph (1).
(3) CERTAIN ISSUES.—The notice under paragraph (1) shall
allow comment on any aspect of the template and shall specifi-
cally request public comment on—
(A) whether the template should be revised to delete
standard terms requiring approval by the Secretary of the
policies, procedures, processes, or manuals of the States,
or other State actions, if Federal law (including regulations)
does not specifically require an approval;
(B) opportunities to modify the template to allow
adjustments to the review schedules for State practices
or actions, including through risk-based approaches, pro-
gram reviews, process reviews, or other means; and
(C) any other matters that the Secretary determines
to be appropriate.
(c) NOTICE OF ACTION; UPDATES.—
(1) IN GENERAL.—Not later than 1 year after the date Deadline.
of enactment of this Act, after considering the comments Federal Register,
publication.
received in response to the Federal Register notice under sub-
section (b), the Secretary shall publish in the Federal Register
a notice that—
(A) describes any proposed changes to be made, and
any alternatives to such changes, to the template;
(B) addresses comments in response to which changes
were not made to the template; and
(C) prescribes a schedule and a plan to execute a Schedule.
process for implementing the changes referred to in Plan.
subparagraph (A).
(2) APPROVAL REQUIREMENTS.—In addressing comments
under paragraph (1)(B), the Secretary shall include an expla-
nation of the basis for retaining any requirement for approval
of State policies, procedures, processes, or manuals, or other
State actions, if Federal law (including regulations) does not
specifically require the approval.
(3) IMPLEMENTATION.— Deadlines.
(A) IN GENERAL.—Not later than 60 days after the
date on which the notice under paragraph (1) is published,
the Secretary shall make changes to the template in accord-
ance with—
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(i) the changes described in the notice under para-
graph (1)(A); and
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135 STAT. 534 PUBLIC LAW 117–58—NOV. 15, 2021
(ii) the schedule and plan described in the notice
under paragraph (1)(C).
(B) UPDATES.—Not later than 1 year after the date
on which the revised template under subparagraph (A)
is published, the Secretary shall update existing agree-
ments with States according to the template updated under
subparagraph (A).
(d) INCLUSION OF NON-STANDARD TERMS.—Nothing in this sec-
tion precludes the inclusion in a Federal-State stewardship and
oversight agreement of non-standard terms to address a State-
specific matter, including risk-based stewardship and Department
oversight involvement in individual projects of division interest.
(e) COMPLIANCE WITH NON-STATUTORY TERMS.—
(1) IN GENERAL.—The Secretary shall not enforce or other-
wise require a State to comply with approval requirements
that are not required by Federal law (including regulations)
in a Federal-State stewardship and oversight agreement.
(2) APPROVAL AUTHORITY.—Notwithstanding any other
provision of law, the Secretary shall not assert approval
authority over any matter in a Federal-State stewardship and
oversight agreement reserved to States.
(f) FREQUENCY OF REVIEWS.—Section 106(g)(3) of title 23,
United States Code, is amended—
(1) by striking ‘‘annual’’;
(2) by striking ‘‘The Secretary’’ and inserting the following:
‘‘(A) IN GENERAL.—The Secretary’’; and
(3) by adding at the end the following:
Determinations. ‘‘(B) FREQUENCY.—
‘‘(i) IN GENERAL.—Except as provided in clauses
(ii) and (iii), the Secretary shall carry out a review
under subparagraph (A) not less frequently than once
every 2 years.
‘‘(ii) CONSULTATION WITH STATE.—The Secretary,
after consultation with a State, may make a determina-
tion to carry out a review under subparagraph (A)
for that State less frequently than provided under
clause (i).
‘‘(iii) CAUSE.—If the Secretary determines that
there is a specific reason to require a review more
frequently than provided under clause (i) with respect
to a State, the Secretary may carry out a review more
frequently than provided under that clause.’’.
49 USC 301 note. SEC. 11308. GEOMATIC DATA.
(a) IN GENERAL.—The Secretary shall develop guidance for
the acceptance and use of information obtained from a non-Federal
entity through geomatic techniques, including remote sensing and
land surveying, cartography, geographic information systems, global
navigation satellite systems, photogrammetry, or other remote
means.
(b) CONSIDERATIONS.—In carrying out this section, the Sec-
retary shall ensure that acceptance or use of information described
in subsection (a) meets the data quality and operational require-
ments of the Secretary.
(c) PUBLIC COMMENT.—Before issuing any final guidance under
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subsection (a), the Secretary shall provide to the public—
Notice. (1) notice of the proposed guidance; and
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 535
(2) an opportunity to comment on the proposed guidance.
(d) SAVINGS CLAUSE.—Nothing in this section—
(1) requires the Secretary to accept or use information
that the Secretary determines does not meet the guidance
developed under this section; or
(2) changes the current statutory or regulatory require-
ments of the Department.
SEC. 11309. EVALUATION OF PROJECTS WITHIN AN OPERATIONAL
RIGHT-OF-WAY.
(a) IN GENERAL.—Chapter 3 of title 23, United States Code,
is amended by adding at the end the following:
‘‘§ 331. Evaluation of projects within an operational right- 23 USC 331.
of-way
‘‘(a) DEFINITIONS.—
‘‘(1) ELIGIBLE PROJECT OR ACTIVITY.—
‘‘(A) IN GENERAL.—In this section, the term ‘eligible
project or activity’ means a project or activity within an
existing operational right-of-way (as defined in section
771.117(c)(22) of title 23, Code of Federal Regulations (or
successor regulations))—
‘‘(i)(I) eligible for assistance under this title; or
‘‘(II) administered as if made available under this
title;
‘‘(ii) that is—
‘‘(I) a preventive maintenance, preservation,
or highway safety improvement project (as defined
in section 148(a)); or
‘‘(II) a new turn lane that the State advises
in writing to the Secretary would assist public
safety; and
‘‘(iii) that—
‘‘(I) is classified as a categorical exclusion
under section 771.117 of title 23, Code of Federal
Regulations (or successor regulations); or
‘‘(II) if the project or activity does not receive
assistance described in clause (i) would be consid-
ered a categorical exclusion if the project or activity
received assistance described in clause (i).
‘‘(B) EXCLUSION.—The term ‘eligible project or activity’
does not include a project to create a new travel lane.
‘‘(2) PRELIMINARY EVALUATION.—The term ‘preliminary
evaluation’, with respect to an application described in sub-
section (b)(1), means an evaluation that is customary or prac-
ticable for the relevant agency to complete within a 45-day
period for similar applications.
‘‘(3) RELEVANT AGENCY.—The term ‘relevant agency’ means
a Federal agency, other than the Federal Highway Administra-
tion, with responsibility for review of an application from a
State for a permit, approval, or jurisdictional determination
for an eligible project or activity.
‘‘(b) ACTION REQUIRED.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), not later than Deadline.
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45 days after the date of receipt of an application by a State
for a permit, approval, or jurisdictional determination for an
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135 STAT. 536 PUBLIC LAW 117–58—NOV. 15, 2021
eligible project or activity, the head of the relevant agency
shall—
Evaluation. ‘‘(A) make at least a preliminary evaluation of the
application; and
Notification. ‘‘(B) notify the State of the results of the preliminary
evaluation under subparagraph (A).
Notice. ‘‘(2) EXTENSION.—The head of the relevant agency may
extend the review period under paragraph (1) by not more
than 30 days if the head of the relevant agency provides to
the State written notice that includes an explanation of the
need for the extension.
‘‘(3) FAILURE TO ACT.—If the head of the relevant agency
fails to meet a deadline under paragraph (1) or (2), as
applicable, the head of the relevant agency shall—
Reports. ‘‘(A) not later than 30 days after the date of the missed
deadline, submit to the State, the Committee on Environ-
ment and Public Works of the Senate, and the Committee
on Transportation and Infrastructure of the House of Rep-
resentatives a report that describes why the deadline was
missed; and
Deadline. ‘‘(B) not later than 14 days after the date on which
Public a report is submitted under subparagraph (A), make pub-
information.
Web posting. licly available, including on the internet, a copy of that
Records. report.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 3 of title
23 USC 301 prec. 23, United States Code, is amended by adding at the end the
following:
‘‘331. Evaluation of projects within an operational right-of-way.’’.
SEC. 11310. PRELIMINARY ENGINEERING.
(a) IN GENERAL.—Section 102 of title 23, United States Code,
is amended—
(1) by striking subsection (b); and
(2) in subsection (a), in the second sentence, by striking
‘‘Nothing in this subsection’’ and inserting the following:
‘‘(b) SAVINGS PROVISION.—Nothing in this section’’.
(b) CONFORMING AMENDMENT.—Section 144(j) of title 23, United
States Code, is amended by striking paragraph (6).
SEC. 11311. EFFICIENT IMPLEMENTATION OF NEPA FOR FEDERAL
LAND MANAGEMENT PROJECTS.
Section 203 of title 23, United States Code, is amended by
adding at the end the following:
‘‘(e) EFFICIENT IMPLEMENTATION OF NEPA.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) ENVIRONMENTAL DOCUMENT.—The term ‘environ-
mental document’ means an environmental impact state-
ment, environmental assessment, categorical exclusion, or
other document prepared under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
‘‘(B) PROJECT.—The term ‘project’ means a highway
project, public transportation capital project, or multimodal
project that—
‘‘(i) receives funds under this title; and
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‘‘(ii) is authorized under this section or section
204.
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 537
‘‘(C) PROJECT SPONSOR.—The term ‘project sponsor’
means the Federal land management agency that seeks
or receives funds under this title for a project.
‘‘(2) ENVIRONMENTAL REVIEW TO BE COMPLETED BY FEDERAL
HIGHWAY ADMINISTRATION.—The Federal Highway Administra-
tion may prepare an environmental document pursuant to the
implementing procedures of the Federal Highway Administra-
tion to comply with the requirements of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if—
‘‘(A) requested by a project sponsor; and
‘‘(B) all areas of analysis required by the project
sponsor can be addressed.
‘‘(3) FEDERAL LAND MANAGEMENT AGENCIES ADOPTION OF
EXISTING ENVIRONMENTAL REVIEW DOCUMENTS.—
‘‘(A) IN GENERAL.—To the maximum extent practicable,
if the Federal Highway Administration prepares an
environmental document pursuant to paragraph (2), that
environmental document shall address all areas of analysis
required by a Federal land management agency.
‘‘(B) INDEPENDENT EVALUATION.—Notwithstanding any
other provision of law, a Federal land management agency
shall not be required to conduct an independent evaluation
to determine the adequacy of an environmental document
prepared by the Federal Highway Administration pursuant
to paragraph (2).
‘‘(C) USE OF SAME DOCUMENT.—In authorizing or imple-
menting a project, a Federal land management agency
may use an environmental document previously prepared
by the Federal Highway Administration for a project
addressing the same or substantially the same action to
the same extent that the Federal land management agency
could adopt or use a document previously prepared by
another Federal agency.
‘‘(4) APPLICATION BY FEDERAL LAND MANAGEMENT AGENCIES
OF CATEGORICAL EXCLUSIONS ESTABLISHED BY FEDERAL HIGHWAY
ADMINISTRATION.—In carrying out requirements under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) for a project, the project sponsor may use categorical
exclusions designated under that Act in the implementing regu-
lations of the Federal Highway Administration, subject to the
conditions that—
‘‘(A) the project sponsor makes a determination, in Determination.
consultation with the Federal Highway Administration, Consultation.
Applicability.
that the categorical exclusion applies to the project;
‘‘(B) the project satisfies the conditions for a categorical
exclusion under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.); and
‘‘(C) the use of the categorical exclusion does not other-
wise conflict with the implementing regulations of the
project sponsor, except any list of the project sponsor that
designates categorical exclusions.
‘‘(5) MITIGATION COMMITMENTS.—The Secretary shall assist
the Federal land management agency with all design and miti-
gation commitments made jointly by the Secretary and the
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project sponsor in any environmental document prepared by
the Secretary in accordance with this subsection.’’.
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135 STAT. 538 PUBLIC LAW 117–58—NOV. 15, 2021
SEC. 11312. NATIONAL ENVIRONMENTAL POLICY ACT OF 1969
REPORTING PROGRAM.
(a) IN GENERAL.—Chapter 1 of title 23, United States Code,
is amended by inserting after section 156 the following:
23 USC 157. ‘‘§ 157. National Environmental Policy Act of 1969 reporting
program
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) CATEGORICAL EXCLUSION.—The term ‘categorical exclu-
sion’ has the meaning given the term in section 771.117(c)
of title 23, Code of Federal Regulations (or a successor regula-
tion).
‘‘(2) DOCUMENTED CATEGORICAL EXCLUSION.—The term
‘documented categorical exclusion’ has the meaning given the
term in section 771.117(d) of title 23, Code of Federal Regula-
tions (or a successor regulation).
‘‘(3) ENVIRONMENTAL ASSESSMENT.—The term ‘environ-
mental assessment’ has the meaning given the term in section
1508.1 of title 40, Code of Federal Regulations (or a successor
regulation).
‘‘(4) ENVIRONMENTAL IMPACT STATEMENT.—The term
‘environmental impact statement’ means a detailed statement
required under section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
‘‘(5) FEDERAL AGENCY.—The term ‘Federal agency’ includes
a State that has assumed responsibility under section 327.
‘‘(6) NEPA PROCESS.—The term ‘NEPA process’ means the
entirety of the development and documentation of the analysis
required under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), including the assessment and analysis
of any impacts, alternatives, and mitigation of a proposed
action, and any interagency participation and public involve-
ment required to be carried out before the Secretary undertakes
a proposed action.
‘‘(7) PROPOSED ACTION.—The term ‘proposed action’ means
an action (within the meaning of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.)) under this title
that the Secretary proposes to carry out.
‘‘(8) REPORTING PERIOD.—The term ‘reporting period’ means
the fiscal year prior to the fiscal year in which a report is
issued under subsection (b).
‘‘(9) SECRETARY.—The term ‘Secretary’ includes the gov-
ernor or head of an applicable State agency of a State that
has assumed responsibility under section 327.
‘‘(b) REPORT ON NEPA DATA.—
‘‘(1) IN GENERAL.—The Secretary shall carry out a process
to track, and annually submit to the Committee on Environ-
ment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of Rep-
resentatives a report containing, the information described in
paragraph (3).
‘‘(2) TIME TO COMPLETE.—For purposes of paragraph (3),
the NEPA process—
‘‘(A) for an environmental impact statement—
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Federal Register, ‘‘(i) begins on the date on which the Notice of
publication. Intent is published in the Federal Register; and
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 539
‘‘(ii) ends on the date on which the Secretary issues Record.
a record of decision, including, if necessary, a revised
record of decision; and
‘‘(B) for an environmental assessment— Determinations.
‘‘(i) begins on the date on which the Secretary
makes a determination to prepare an environmental
assessment; and
‘‘(ii) ends on the date on which the Secretary issues
a finding of no significant impact or determines that
preparation of an environmental impact statement is
necessary.
‘‘(3) INFORMATION DESCRIBED.—The information referred to
in paragraph (1) is, with respect to the Department of Transpor-
tation—
‘‘(A) the number of proposed actions for which a cat-
egorical exclusion was issued during the reporting period;
‘‘(B) the number of proposed actions for which a docu-
mented categorical exclusion was issued by the Department
of Transportation during the reporting period;
‘‘(C) the number of proposed actions pending on the
date on which the report is submitted for which the
issuance of a documented categorical exclusion by the
Department of Transportation is pending;
‘‘(D) the number of proposed actions for which an
environmental assessment was issued by the Department
of Transportation during the reporting period;
‘‘(E) the length of time the Department of Transpor-
tation took to complete each environmental assessment
described in subparagraph (D);
‘‘(F) the number of proposed actions pending on the
date on which the report is submitted for which an environ-
mental assessment is being drafted by the Department
of Transportation;
‘‘(G) the number of proposed actions for which an
environmental impact statement was completed by the
Department of Transportation during the reporting period;
‘‘(H) the length of time that the Department of
Transportation took to complete each environmental impact
statement described in subparagraph (G);
‘‘(I) the number of proposed actions pending on the
date on which the report is submitted for which an environ-
mental impact statement is being drafted; and
‘‘(J) for the proposed actions reported under subpara-
graphs (F) and (I), the percentage of those proposed actions
for which—
‘‘(i) funding has been identified; and
‘‘(ii) all other Federal, State, and local activities
that are required to allow the proposed action to pro-
ceed are completed.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title
23, United States Code, is amended by inserting after the item 23 USC 101 prec.
relating to section 156 the following:
‘‘157. National Environmental Policy Act of 1969 reporting program.’’.
SEC. 11313. SURFACE TRANSPORTATION PROJECT DELIVERY PRO-
GRAM WRITTEN AGREEMENTS.
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Section 327 of title 23, United States Code, is amended—
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135 STAT. 540 PUBLIC LAW 117–58—NOV. 15, 2021
(1) in subsection (a)(2)(G), by inserting ‘‘, including the
payment of fees awarded under section 2412 of title 28’’ before
the period at the end;
(2) in subsection (c)—
(A) by striking paragraph (5) and inserting the fol-
lowing:
‘‘(5) except as provided under paragraph (7), have a term
of not more than 5 years;’’;
(B) in paragraph (6), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
Time period. ‘‘(7) for any State that has participated in a program under
this section (or under a predecessor program) for at least 10
years, have a term of 10 years.’’;
(3) in subsection (g)(1)—
(A) in subparagraph (B), by striking ‘‘and’’ at the end;
(B) in subparagraph (C), by striking ‘‘annual’’;
(C) by redesignating subparagraph (C) as subpara-
graph (D); and
(D) by inserting after subparagraph (B) the following:
Time period. ‘‘(C) in the case of an agreement period of greater
Audit. than 5 years pursuant to subsection (c)(7), conduct an
audit covering the first 5 years of the agreement period;
and’’; and
(4) by adding at the end the following:
‘‘(m) AGENCY DEEMED TO BE FEDERAL AGENCY.—A State agency
that is assigned a responsibility under an agreement under this
section shall be deemed to be an agency for the purposes of section
2412 of title 28.’’.
Time periods. SEC. 11314. STATE ASSUMPTION OF RESPONSIBILITY FOR CATEGOR-
ICAL EXCLUSIONS.
Section 326(c)(3) of title 23, United States Code, is amended—
(1) by striking subparagraph (A) and inserting the fol-
lowing:
‘‘(A) except as provided under subparagraph (C), shall
have a term of not more than 3 years;’’;
(2) in subparagraph (B), by striking the period at the
end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(C) shall have a term of 5 years, in the case of a
State that has assumed the responsibility for categorical
exclusions under this section for not fewer than 10 years.’’.
SEC. 11315. EARLY UTILITY RELOCATION PRIOR TO TRANSPORTATION
PROJECT ENVIRONMENTAL REVIEW.
Section 123 of title 23, United States Code, is amended to
read as follows:
‘‘§ 123. Relocation of utility facilities
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) COST OF RELOCATION.—The term ‘cost of relocation’
includes the entire amount paid by a utility properly attrib-
utable to the relocation of a utility facility, minus any increase
in the value of the new facility and any salvage value derived
from the old facility.
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‘‘(2) EARLY UTILITY RELOCATION PROJECT.—The term ‘early
utility relocation project’ means utility relocation activities
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 541
identified by the State for performance before completion of
the environmental review process for the transportation project.
‘‘(3) ENVIRONMENTAL REVIEW PROCESS.—The term ‘environ-
mental review process’ has the meaning given the term in
section 139(a).
‘‘(4) TRANSPORTATION PROJECT.—The term ‘transportation
project’ means a project.
‘‘(5) UTILITY FACILITY.—The term ‘utility facility’ means
any privately, publicly, or cooperatively owned line, facility,
or system for producing, transmitting, or distributing commu-
nications, power, electricity, light, heat, gas, oil, crude products,
water, steam, waste, stormwater not connected with highway
drainage, or any other similar commodity, including any fire
or police signal system or street lighting system, that directly
or indirectly serves the public.
‘‘(6) UTILITY RELOCATION ACTIVITY.—The term ‘utility
relocation activity’ means an activity necessary for the reloca-
tion of a utility facility, including preliminary and final design,
surveys, real property acquisition, materials acquisition, and
construction.
‘‘(b) REIMBURSEMENT TO STATES.—
‘‘(1) IN GENERAL.—If a State pays for the cost of relocation
of a utility facility necessitated by the construction of a
transportation project, Federal funds may be used to reimburse
the State for the cost of relocation in the same proportion
as Federal funds are expended on the transportation project.
‘‘(2) LIMITATION.—Federal funds shall not be used to
reimburse a State under this section if the payment to the
utility—
‘‘(A) violates the law of the State; or
‘‘(B) violates a legal contract between the utility and
the State.
‘‘(3) REQUIREMENT.—A reimbursement under paragraph (1)
shall be made only if the State demonstrates to the satisfaction
of the Secretary that the State paid the cost of the utility
relocation activity from funds of the State with respect to
transportation projects for which Federal funds are obligated
subsequent to April 16, 1958, for work, including utility reloca-
tion activities.
‘‘(4) REIMBURSEMENT ELIGIBILITY FOR EARLY RELOCATION
PRIOR TO TRANSPORTATION PROJECT ENVIRONMENTAL REVIEW
PROCESS.—
‘‘(A) IN GENERAL.—In addition to the requirements
under paragraphs (1) through (3), a State may carry out,
at the expense of the State, an early utility relocation
project for a transportation project before completion of
the environmental review process for the transportation
project.
‘‘(B) REQUIREMENTS FOR REIMBURSEMENT.—Funds
apportioned to a State under this title may be used to
pay the costs incurred by the State for an early utility
relocation project only if the State demonstrates to the
Secretary, and the Secretary finds that—
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‘‘(i) the early utility relocation project is necessary
to accommodate a transportation project;
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135 STAT. 542 PUBLIC LAW 117–58—NOV. 15, 2021
‘‘(ii) the State provides adequate documentation
to the Secretary of eligible costs incurred by the State
for the early utility relocation project;
‘‘(iii) before the commencement of the utility reloca-
tion activities, an environmental review process was
completed for the early utility relocation project that
resulted in a finding that the early utility relocation
project—
‘‘(I) would not result in significant adverse
environmental impacts; and
Compliance. ‘‘(II) would comply with other applicable Fed-
eral environmental requirements;
‘‘(iv) the early utility relocation project did not
influence—
‘‘(I) the environmental review process for the
transportation project;
‘‘(II) the decision relating to the need to con-
struct the transportation project; or
‘‘(III) the selection of the transportation project
design or location;
Compliance. ‘‘(v) the early utility relocation project complies
with all applicable provisions of law, including regula-
tions issued pursuant to this title;
‘‘(vi) the early utility relocation project follows
applicable financial procedures and requirements,
including documentation of eligible costs and the
requirements under section 109(l), but not including
requirements applicable to authorization and obligation
of Federal funds;
‘‘(vii) the transportation project for which the early
utility relocation project was necessitated was included
in the applicable transportation improvement program
under section 134 or 135;
‘‘(viii) before the cost incurred by a State is
approved for Federal participation, environmental
compliance pursuant to the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been
completed for the transportation project for which the
early utility relocation project was necessitated; and
‘‘(ix) the transportation project that necessitated
the utility relocation activity is approved for construc-
tion.
‘‘(C) SAVINGS PROVISION.—Nothing in this paragraph
affects other eligibility requirements or authorities for Fed-
eral participation in payment of costs incurred for utility
relocation activities.
‘‘(c) APPLICABILITY OF OTHER PROVISIONS.—Nothing in this sec-
tion affects the applicability of other requirements that would other-
wise apply to an early utility relocation project, including any
applicable requirements under—
‘‘(1) section 138;
‘‘(2) the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.),
including regulations under part 24 of title 49, Code of Federal
Regulations (or successor regulations);
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‘‘(3) title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.); or
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 543
‘‘(4) an environmental review process.’’.
SEC. 11316. STREAMLINING OF SECTION 4(F) REVIEWS.
Section 138(a) of title 23, United States Code, is amended—
(1) in the fourth sentence, by striking ‘‘In carrying out’’
and inserting the following:
‘‘(4) STUDIES.—In carrying out’’;
(2) in the third sentence—
(A) by striking ‘‘such land, and (2) such program’’ and
inserting the following: ‘‘the land; and
‘‘(B) the program’’;
(B) by striking ‘‘unless (1) there is’’ and inserting the
following: ‘‘unless—
‘‘(A) there is’’; and
(C) by striking ‘‘After the’’ and inserting the following:
‘‘(3) REQUIREMENT.—After the’’;
(3) in the second sentence—
(A) by striking ‘‘The Secretary of Transportation’’ and
inserting the following:
‘‘(2) COOPERATION AND CONSULTATION.—
‘‘(A) IN GENERAL.—The Secretary’’; and
(B) by adding at the end the following:
‘‘(B) TIMELINE FOR APPROVALS.—
‘‘(i) IN GENERAL.—The Secretary shall—
‘‘(I) provide an evaluation under this section
to the Secretaries described in subparagraph (A);
and
‘‘(II) provide a period of 30 days for receipt
of comments.
‘‘(ii) ASSUMED ACCEPTANCE.—If the Secretary does Deadline.
not receive comments by 15 days after the deadline
under clause (i)(II), the Secretary shall assume a lack
of objection and proceed with the action.
‘‘(C) EFFECT.—Nothing in subparagraph (B) affects—
‘‘(i) the requirements under—
‘‘(I) subsections (b) through (f); or
‘‘(II) the consultation process under section
306108 of title 54; or
‘‘(ii) programmatic section 4(f) evaluations, as
described in regulations issued by the Secretary.’’; and
(4) in the first sentence, by striking ‘‘It is declared to
be’’ and inserting the following:
‘‘(1) IN GENERAL.—It is’’.
SEC. 11317. CATEGORICAL EXCLUSION FOR PROJECTS OF LIMITED
FEDERAL ASSISTANCE.
Section 1317(1) of MAP–21 (23 U.S.C. 109 note; Public Law
112–141) is amended—
(1) in subparagraph (A), by striking ‘‘$5,000,000’’ and
inserting ‘‘$6,000,000’’; and
(2) in subparagraph (B), by striking ‘‘$30,000,000’’ and
inserting ‘‘$35,000,000’’.
SEC. 11318. CERTAIN GATHERING LINES LOCATED ON FEDERAL LAND 42 USC 15943.
AND INDIAN LAND.
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(a) DEFINITIONS.—In this section:
(1) FEDERAL LAND.—
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135 STAT. 544 PUBLIC LAW 117–58—NOV. 15, 2021
(A) IN GENERAL.—The term ‘‘Federal land’’ means land
the title to which is held by the United States.
(B) EXCLUSIONS.—The term ‘‘Federal land’’ does not
include—
(i) a unit of the National Park System;
(ii) a unit of the National Wildlife Refuge System;
(iii) a component of the National Wilderness
Preservation System;
(iv) a wilderness study area within the National
Forest System; or
(v) Indian land.
(2) GATHERING LINE AND ASSOCIATED FIELD COMPRESSION
OR PUMPING UNIT.—
(A) IN GENERAL.—The term ‘‘gathering line and associ-
ated field compression or pumping unit’’ means—
(i) a pipeline that is installed to transport oil,
natural gas and related constituents, or produced water
from 1 or more wells drilled and completed to produce
oil or gas; and
(ii) if necessary, 1 or more compressors or pumps
to raise the pressure of the transported oil, natural
gas and related constituents, or produced water to
higher pressures necessary to enable the oil, natural
gas and related constituents, or produced water to
flow into pipelines and other facilities.
(B) INCLUSIONS.—The term ‘‘gathering line and associ-
ated field compression or pumping unit’’ includes a pipeline
or associated compression or pumping unit that is installed
to transport oil or natural gas from a processing plant
to a common carrier pipeline or facility.
(C) EXCLUSIONS.—The term ‘‘gathering line and associ-
ated field compression or pumping unit’’ does not include
a common carrier pipeline.
(3) INDIAN LAND.—The term ‘‘Indian land’’ means land the
title to which is held by—
(A) the United States in trust for an Indian Tribe
or an individual Indian; or
(B) an Indian Tribe or an individual Indian subject
to a restriction by the United States against alienation.
(4) PRODUCED WATER.—The term ‘‘produced water’’ means
water produced from an oil or gas well bore that is not a
fluid prepared at, or transported to, the well site to resolve
a specific oil or gas well bore or reservoir condition.
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(b) CERTAIN GATHERING LINES.—
(1) IN GENERAL.—Subject to paragraph (2), the issuance
of a sundry notice or right-of-way for a gathering line and
associated field compression or pumping unit that is located
on Federal land or Indian land and that services any oil or
gas well may be considered by the Secretary to be an action
that is categorically excluded (as defined in section 1508.1
of title 40, Code of Federal Regulations (as in effect on the
date of enactment of this Act)) for purposes of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
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if the gathering line and associated field compression or
pumping unit—
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 545
(A) are within a field or unit for which an approved
land use plan or an environmental document prepared
pursuant to the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) analyzed transportation of oil,
natural gas, or produced water from 1 or more oil or
gas wells in the field or unit as a reasonably foreseeable
activity;
(B) are located adjacent to or within—
(i) any existing disturbed area; or
(ii) an existing corridor for a right-of-way; and
(C) would reduce—
(i) in the case of a gathering line and associated
field compression or pumping unit transporting
methane, the total quantity of methane that would
otherwise be vented, flared, or unintentionally emitted
from the field or unit; or
(ii) in the case of a gathering line and associated
field compression or pumping unit not transporting
methane, the vehicular traffic that would otherwise
service the field or unit.
(2) APPLICABILITY.—Paragraph (1) shall apply to Indian
land, or a portion of Indian land—
(A) to which the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) applies; and
(B) for which the Indian Tribe with jurisdiction over
the Indian land submits to the Secretary a written request
that paragraph (1) apply to that Indian land (or portion
of Indian land).
(c) EFFECT ON OTHER LAW.—Nothing in this section—
(1) affects or alters any requirement—
(A) relating to prior consent under—
(i) section 2 of the Act of February 5, 1948 (62
Stat. 18, chapter 45; 25 U.S.C. 324); or
(ii) section 16(e) of the Act of June 18, 1934 (48
Stat. 987, chapter 576; 102 Stat. 2939; 114 Stat. 47;
25 U.S.C. 5123(e)) (commonly known as the ‘‘Indian
Reorganization Act’’);
(B) under section 306108 of title 54, United States
Code; or
(C) under any other Federal law (including regulations)
relating to Tribal consent for rights-of-way across Indian
land; or
(2) makes the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) applicable to land to which that Act
otherwise would not apply.
SEC. 11319. ANNUAL REPORT. 49 USC 308 note.
(a) DEFINITION OF COVERED PROJECT.—In this section, the term
‘‘covered project’’ means a project or activity carried out with funds
provided by the Department, including a project carried out under
title 23 or 49, United States Code—
(1) that is more than 5 years behind schedule; or
(2) for which the total amount spent on the project or
activity is not less than $1,000,000,000 more than the original
cost estimate for the project or activity.
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(b) REQUIREMENT.—Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary shall
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135 STAT. 546 PUBLIC LAW 117–58—NOV. 15, 2021
submit to Congress a report on covered projects of the Department,
which shall include, for each covered project—
(1) a brief description of the covered project, including—
(A) the purpose of the covered project;
(B) each location in which the covered project is carried
out;
(C) the contract or award number of the covered
project, if applicable;
(D) the year in which the covered project was initiated;
(E) the Federal share of the total cost of the covered
project; and
(F) each primary contractor, subcontractor, grant
recipient, and subgrantee recipient of the covered project;
(2) an explanation of any change to the original scope
of the covered project, including by the addition or narrowing
of the initial requirements of the covered project;
(3) the original expected date for completion of the covered
project;
(4) the current expected date for completion of the covered
project;
Cost estimate. (5) the original cost estimate for the covered project, as
adjusted to reflect increases in the Consumer Price Index for
All Urban Consumers, as published by the Bureau of Labor
Statistics;
Cost estimate. (6) the current cost estimate for the covered project, as
adjusted to reflect increases in the Consumer Price Index for
All Urban Consumers, as published by the Bureau of Labor
Statistics;
(7) an explanation for a delay in completion or an increase
in the original cost estimate for the covered project, including,
where applicable, any impact of insufficient or delayed appro-
priations; and
(8) the amount of and rationale for any award, incentive
fee, or other type of bonus, if any, awarded for the covered
project.
Subtitle D—Climate Change
SEC. 11401. GRANTS FOR CHARGING AND FUELING INFRASTRUCTURE.
23 USC 151 note. (a) PURPOSE.—The purpose of this section is to establish a
grant program to strategically deploy publicly accessible electric
vehicle charging infrastructure, hydrogen fueling infrastructure,
propane fueling infrastructure, and natural gas fueling infrastruc-
ture along designated alternative fuel corridors or in certain other
locations that will be accessible to all drivers of electric vehicles,
hydrogen vehicles, propane vehicles, and natural gas vehicles.
(b) GRANT PROGRAM.—Section 151 of title 23, United States
Code, is amended—
(1) in subsection (a)—
(A) by striking ‘‘Not later than 1 year after the date
of enactment of the FAST Act, the Secretary shall’’ and
inserting ‘‘The Secretary shall periodically’’; and
(B) by striking ‘‘to improve the mobility’’ and inserting
‘‘to support changes in the transportation sector that help
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achieve a reduction in greenhouse gas emissions and
improve the mobility’’;
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PUBLIC LAW 117–58—NOV. 15, 2021 135 STAT. 547
(2) in subsection (b)(2), by inserting ‘‘previously designated
by the Federal Highway Administration or’’ before ‘‘designated
by’’;
(3) by striking subsection (d) and inserting the following:
‘‘(d) REDESIGNATION.— Updates.
‘‘(1) INITIAL REDESIGNATION.—Not later than 180 days after Deadline.
the date of enactment of the Surface Transportation Reauthor-
ization Act of 2021, the Secretary shall update and redesignate
the corridors under subsection (a).
‘‘(2) SUBSEQUENT REDESIGNATION.—The Secretary shall
establish a recurring process to regularly update and redesig-
nate the corridors under subsection (a).’’;
(4) in subsection (e)—
(A) in paragraph (1), by striking ‘‘and’’ at the end;
(B) in paragraph (2)—
(i) by striking ‘‘establishes an aspirational goal
of achieving’’ and inserting ‘‘describes efforts, including
through funds awarded through the grant program
under subsection (f), that will aid efforts to achieve’’;
and
(ii) by striking ‘‘by the end of fiscal year 2020.’’
and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(3) summarizes best practices and provides guidance, Consultation.
developed through consultation with the Secretary of Energy,
for project development of electric vehicle charging infrastruc-
ture, hydrogen fueling infrastructure, propane fueling infra-
structure and natural gas fueling infrastructure at the State,
Tribal, and local level to allow for the predictable deployment
of that infrastructure.’’; and
(5) by adding at the end the following:
‘‘(f) GRANT PROGRAM.—
‘‘(1) DEFINITION OF PRIVATE ENTITY.—In this subsection,
the term ‘private entity’ means a corporation, partnership, com-
pany, or nonprofit organization.
‘‘(2) ESTABLISHMENT.—Not later than 1 year after the date Deadline.
of enactment of the Surface Transportation Reauthorization
Act of 2021, the Secretary shall establish a grant program
to award grants to eligible entities to carry out the activities
described in paragraph (6).
‘‘(3) ELIGIBLE ENTITIES.—An entity eligible to receive a
grant under this subsection is—
‘‘(A) a State or political subdivision of a State;
‘‘(B) a metropolitan planning organization;
‘‘(C) a unit of local government;
‘‘(D) a special purpose district or public authority with
a transportation function, including a port authority;
‘‘(E) an Indian tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304));
‘‘(F) a territory of the United States;
‘‘(G) an authority, agency, or instrumentality of, or
an entity owned by, 1 or more entities described in subpara-
graphs (A) through (F); or
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‘‘(H) a group of entities described in subparagraphs
(A) through (G).
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135 STAT. 548 PUBLIC LAW 117–58—NOV. 15, 2021
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